Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 7031, 1st Eng.
       
       
       
       
       
       
                                Barcode 837800                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/RE/3R         .                                
             04/30/2009 05:25 PM       .                                
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       Senator Garcia moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (1), (2), and (3), paragraph (d) of
    6  subsection (4), and subsections (5), (7), (8), (9), and (10) of
    7  section 288.1089, Florida Statutes, are amended, and subsections
    8  (11) and (12) are added to that section, to read:
    9         288.1089 Innovation Incentive Program.—
   10         (1) The Innovation Incentive Program is created within the
   11  Office of Tourism, Trade, and Economic Development to ensure
   12  that sufficient resources are available to allow the state to
   13  respond expeditiously to extraordinary economic opportunities
   14  and to compete effectively for high-value research and
   15  development, and innovation business, and alternative and
   16  renewal energy projects.
   17         (2) As used in this section, the term:
   18         (a) “Alternative and renewable energy” means electrical,
   19  mechanical, or thermal energy produced from a method that uses
   20  one or more of the following fuels or energy sources: ethanol,
   21  cellulosic ethanol, biobutanol, biodiesel, biomass, biogas,
   22  hydrogen fuel cells, ocean energy, hydrogen, solar, hydro, wind,
   23  or geothermal.
   24         (b) “Average private sector wage” means the statewide
   25  average wage in the private sector or the average of all private
   26  sector wages in the county or in the standard metropolitan area
   27  in which the project is located as determined by the Agency for
   28  Workforce Innovation.
   29         (c) “Brownfield area” means an area designated as a
   30  brownfield area pursuant to s. 376.80.
   31         (d)“Commission” means the Florida Energy and Climate
   32  Commission.
   33         (e)(d) “Cumulative investment” means cumulative capital
   34  investment and all eligible capital costs, as defined in s.
   35  220.191.
   36         (f)(e) “Director” means the director of the Office of
   37  Tourism, Trade, and Economic Development.
   38         (g)(f) “Enterprise zone” means an area designated as an
   39  enterprise zone pursuant to s. 290.0065.
   40         (h)(g) “Fiscal year” means the state fiscal year.
   41         (i)“Industry wage” means the average annual wage paid to
   42  employees in a particular industry, as designated by the North
   43  American Industry Classification System (NAICS), and compiled by
   44  the Bureau of Labor Statistics of the United States Department
   45  of Labor.
   46         (j)(h) “Innovation business” means a business expanding or
   47  locating in this state that is likely to serve as a catalyst for
   48  the growth of an existing or emerging technology cluster or will
   49  significantly impact the regional economy in which it is to
   50  expand or locate.
   51         (k)(i) “Jobs” means full-time equivalent positions, as that
   52  term is consistent with terms used by the Agency for Workforce
   53  Innovation and the United States Department of Labor for
   54  purposes of unemployment compensation tax administration and
   55  employment estimation, resulting directly from a project in this
   56  state. The term does not include temporary construction jobs.
   57         (l)“Naming opportunities” means charitable donations from
   58  any person or entity in consideration for the right to have all
   59  or a portion of the facility named for or in the memory of any
   60  person, living or dead, or for any entity.
   61         (m)“Net royalty revenues” means all royalty revenues less
   62  the cost of obtaining, maintaining, and enforcing related patent
   63  and intellectual property rights, both foreign and domestic.
   64         (n)(j) “Match” means funding from local sources, public or
   65  private, which will be paid to the applicant and which is equal
   66  to 100 percent of an award. Eligible match funding may include
   67  any tax abatement granted to the applicant under s. 196.1995 or
   68  the appraised market value of land, buildings, infrastructure,
   69  or equipment conveyed or provided at a discount to the
   70  applicant. Complete documentation of a match payment or other
   71  conveyance must be presented to and verified by the office prior
   72  to transfer of state funds to an applicant. An applicant may not
   73  provide, directly or indirectly, more than 5 percent of match
   74  funding in any fiscal year. The sources of such funding may not
   75  include, directly or indirectly, state funds appropriated from
   76  the General Revenue Fund or any state trust fund, excluding tax
   77  revenues shared with local governments pursuant to law.
   78         (o)(k) “Office” means the Office of Tourism, Trade, and
   79  Economic Development.
   80         (p)(l) “Project” means the location to or expansion in this
   81  state by an innovation business, a or research and development
   82  applicant, or an alternative and renewable energy applicant
   83  approved for an award pursuant to this section.
   84         (q)(m) “Research and development” means basic and applied
   85  research in the sciences or engineering, as well as the design,
   86  development, and testing of prototypes or processes of new or
   87  improved products. Research and development does not include
   88  market research, routine consumer product testing, sales
   89  research, research in the social sciences or psychology,
   90  nontechnological activities, or technical services.
   91         (r)(n) “Research and development facility” means a facility
   92  that is predominately engaged in research and development
   93  activities. For purposes of this paragraph, the term
   94  “predominantly” means at least 51 percent of the time.
   95         (s)(o) “Rural area” means a rural city, rural community, or
   96  rural county as defined in s. 288.106.
   97         (3) To be eligible for consideration for an innovation
   98  incentive award, an innovation business, a or research and
   99  development entity, or an alternative and renewable energy
  100  company project must submit a written application to Enterprise
  101  Florida, Inc., before making a decision to locate new operations
  102  in this state or expand an existing operation in this state. The
  103  application must include, but not be limited to:
  104         (a) The applicant’s federal employer identification number,
  105  unemployment account number, and state sales tax registration
  106  number. If such numbers are not available at the time of
  107  application, they must be submitted to the office in writing
  108  prior to the disbursement of any payments under this section.
  109         (b) The location in this state at which the project is
  110  located or is to be located.
  111         (c) A description of the type of business activity,
  112  product, or research and development undertaken by the
  113  applicant, including six-digit North American Industry
  114  Classification System codes for all activities included in the
  115  project.
  116         (d) The applicant’s projected investment in the project.
  117         (e) The total investment, from all sources, in the project.
  118         (f) The number of net new full-time equivalent jobs in this
  119  state the applicant anticipates having created as of December 31
  120  of each year in the project and the average annual wage of such
  121  jobs.
  122         (g) The total number of full-time equivalent employees
  123  currently employed by the applicant in this state, if
  124  applicable.
  125         (h) The anticipated commencement date of the project.
  126         (i) A detailed explanation of why the innovation incentive
  127  is needed to induce the applicant to expand or locate in the
  128  state and whether an award would cause the applicant to locate
  129  or expand in this state.
  130         (j) If applicable, an estimate of the proportion of the
  131  revenues resulting from the project that will be generated
  132  outside this state.
  133         (4) To qualify for review by the office, the applicant
  134  must, at a minimum, establish the following to the satisfaction
  135  of Enterprise Florida, Inc., and the office:
  136         (d) For an alternative and renewable energy project in this
  137  state, the project must:
  138         1. Demonstrate a plan for significant collaboration with an
  139  institution of higher education;
  140         2. Provide the state, at a minimum, a break-even return on
  141  investment within a 20-year period;
  142         3. Include matching funds provided by the applicant or
  143  other available sources. The match requirement may be reduced or
  144  waived in rural areas of critical economic concern or reduced in
  145  rural areas, brownfield areas, and enterprise zones This
  146  requirement may be waived if the office and the department
  147  determine that the merits of the individual project or the
  148  specific circumstances warrant such action;
  149         4. Be located in this state; and
  150         5. Provide at least 35 direct, new jobs that pay an
  151  estimated annual average wage that equals at least 130 percent
  152  of the average private sector wage. The average wage requirement
  153  may be waived if the office and the commission determine that
  154  the merits of the individual project or the specific
  155  circumstances warrant such action; and
  156         6. Meet one of the following criteria:
  157         a. Result in the creation of at least 35 direct, new jobs
  158  at the business.
  159         b. Have an activity or product that uses feedstock or other
  160  raw materials grown or produced in this state.
  161         c. Have a cumulative investment of at least $50 million
  162  within a 5-year period.
  163         d. Address the technical feasibility of the technology, and
  164  the extent to which the proposed project has been demonstrated
  165  to be technically feasible based on pilot project
  166  demonstrations, laboratory testing, scientific modeling, or
  167  engineering or chemical theory that supports the proposal.
  168         e. Include innovative technology and the degree to which
  169  the project or business incorporates an innovative new
  170  technology or an innovative application of an existing
  171  technology.
  172         f. Include production potential and the degree to which a
  173  project or business generates thermal, mechanical, or electrical
  174  energy by means of a renewable energy resource that has
  175  substantial long-term production potential. The project must, to
  176  the extent possible, quantify annual production potential in
  177  megawatts or kilowatts.
  178         g. Include and address energy efficiency and the degree to
  179  which a project demonstrates efficient use of energy, water, and
  180  material resources.
  181         h. Include project management and the ability of management
  182  to administer and complete the business project.
  183         (5) Enterprise Florida, Inc., shall evaluate proposals for
  184  all three categories of innovation incentive awards and transmit
  185  recommendations for awards to the office. Before making its
  186  recommendations on alternative and renewable energy projects,
  187  Enterprise Florida, Inc., shall solicit comments and
  188  recommendations from the Florida Energy and Climate Commission
  189  for alternative and renewable energy project proposals. For each
  190  project, the Such evaluation and recommendation to the office
  191  must include, but need not be limited to:
  192         (a) A description of the project, its required facilities,
  193  and the associated product, service, or research and development
  194  associated with the project.
  195         (b) The percentage of match provided for the project.
  196         (c) The number of full-time equivalent jobs that will be
  197  created by the project, the total estimated average annual wages
  198  of such jobs, and the types of business activities and jobs
  199  likely to be stimulated by the project.
  200         (d) The cumulative investment to be dedicated to the
  201  project within 5 years and the total investment expected in the
  202  project if more than 5 years.
  203         (e) The projected economic and fiscal impacts on the local
  204  and state economies relative to investment.
  205         (f) A statement of any special impacts the project is
  206  expected to stimulate in a particular business sector in the
  207  state or regional economy or in the state’s universities and
  208  community colleges.
  209         (g) A statement of any anticipated or proposed
  210  relationships with state universities.
  211         (h) A statement of the role the incentive is expected to
  212  play in the decision of the applicant to locate or expand in
  213  this state.
  214         (i) A recommendation and explanation of the amount of the
  215  award needed to cause the applicant to expand or locate in this
  216  state.
  217         (j) A discussion of the efforts and commitments made by the
  218  local community in which the project is to be located to induce
  219  the applicant’s location or expansion, taking into consideration
  220  local resources and abilities.
  221         (k) A recommendation for specific performance criteria the
  222  applicant would be expected to achieve in order to receive
  223  payments from the fund and penalties or sanctions for failure to
  224  meet or maintain performance conditions.
  225         (l) Additional evaluative criteria for a research and
  226  development facility project, including:
  227         1. A description of the extent to which the project has the
  228  potential to serve as catalyst for an emerging or evolving
  229  cluster.
  230         2. A description of the extent to which the project has or
  231  could have a long-term collaborative research and development
  232  relationship with one or more universities or community colleges
  233  in this state.
  234         3. A description of the existing or projected impact of the
  235  project on established clusters or targeted industry sectors.
  236         4. A description of the project’s contribution to the
  237  diversity and resiliency of the innovation economy of this
  238  state.
  239         5. A description of the project’s impact on special needs
  240  communities, including, but not limited to, rural areas,
  241  distressed urban areas, and enterprise zones.
  242         (m)Additional evaluative criteria for alternative and
  243  renewable energy proposals, including:
  244         1.The availability of matching funds or other in-kind
  245  contributions applied to the total project from an applicant.
  246  The commission shall give greater preference to projects that
  247  provide such matching funds or other in-kind contributions.
  248         2.The degree to which the project stimulates in-state
  249  capital investment and economic development in metropolitan and
  250  rural areas, including the creation of jobs and the future
  251  development of a commercial market for renewable energy
  252  technologies.
  253         3.The extent to which the proposed project has been
  254  demonstrated to be technically feasible based on pilot project
  255  demonstrations, laboratory testing, scientific modeling, or
  256  engineering or chemical theory that supports the proposal.
  257         4.The degree to which the project incorporates an
  258  innovative new technology or an innovative application of an
  259  existing technology.
  260         5.The degree to which a project generates thermal,
  261  mechanical, or electrical energy by means of a renewable energy
  262  resource that has substantial long-term production potential.
  263         6.The degree to which a project demonstrates efficient use
  264  of energy and material resources.
  265         7.The degree to which the project fosters overall
  266  understanding and appreciation of renewable energy technologies.
  267         8.The ability to administer a complete project.
  268         9.Project duration and timeline for expenditures.
  269         10.The geographic area in which the project is to be
  270  conducted in relation to other projects.
  271         11.The degree of public visibility and interaction.
  272         (7) Upon receipt of the evaluation and recommendation from
  273  Enterprise Florida, Inc., and from the Florida Energy and
  274  Climate Commission for alternative and renewable energy project
  275  proposals, the director shall recommend to the Governor the
  276  approval or disapproval of an award. In recommending approval of
  277  an award, the director shall include proposed performance
  278  conditions that the applicant must meet in order to obtain
  279  incentive funds and any other conditions that must be met before
  280  the receipt of any incentive funds. The Governor shall consult
  281  with the President of the Senate and the Speaker of the House of
  282  Representatives before giving approval for an award. Upon review
  283  and approval of an award by the Legislative Budget Commission,
  284  the Executive Office of the Governor shall release the funds
  285  pursuant to the legislative consultation and review requirements
  286  set forth in s. 216.177.
  287         (8)(a)After the conditions Upon approval by the Governor
  288  and release of the funds as set forth in subsection (7) have
  289  been met, the director shall issue a letter certifying the
  290  applicant as qualified for an award. The office and the award
  291  recipient applicant shall enter into an agreement that sets
  292  forth the conditions for payment of the incentive funds
  293  incentives. The agreement must include, at a minimum:
  294         1. The total amount of funds awarded.;
  295         2. The performance conditions that must be met in order to
  296  obtain the award or portions of the award, including, but not
  297  limited to, net new employment in the state, average wage, and
  298  total cumulative investment.;
  299         3. Demonstration of a baseline of current service and a
  300  measure of enhanced capability.;
  301         4. The methodology for validating performance.;
  302         5. The schedule of payments.; and
  303         6. Sanctions for failure to meet performance conditions,
  304  including any clawback provisions.
  305         (b)Additionally, agreements signed on or after July 1,
  306  2009, must include the following provisions:
  307         1.Notwithstanding subsection (4), a requirement that the
  308  jobs created by the recipient of the incentive funds pay an
  309  annual average wage at least equal to the relevant industry’s
  310  annual average wage or at least 130 percent of the average
  311  private-sector wage, whichever is greater.
  312         2.A reinvestment requirement. Each recipient of an award
  313  shall reinvest up to 15 percent of net royalty revenues,
  314  including revenues from spin-off companies and the revenues from
  315  the sale of stock it receives from the licensing or transfer of
  316  inventions, methods, processes, and other patentable discoveries
  317  conceived or reduced to practice using its facilities in Florida
  318  or its Florida-based employees, in whole or in part, and to
  319  which the recipient of the grant becomes entitled during the 20
  320  years following the effective date of its agreement with the
  321  office. Each recipient of an award also shall reinvest up to 15
  322  percent of the gross revenues it receives from naming
  323  opportunities associated with any facility it builds in this
  324  state. Reinvestment payments shall commence no later than 6
  325  months after the recipient of the grant has received the final
  326  disbursement under the contract and shall continue until the
  327  maximum reinvestment, as specified in the contract, has been
  328  paid. Reinvestment payments shall be remitted to the office for
  329  deposit in the Biomedical Research Trust Fund for companies
  330  specializing in biomedicine or life sciences, or in the Economic
  331  Development Trust Fund for companies specializing in fields
  332  other than biomedicine or the life sciences. If these trust
  333  funds no longer exist at the time of the reinvestment, the
  334  state’s share of reinvestment shall be deposited in their
  335  successor trust funds as determined by law. Each recipient of an
  336  award shall annually submit a schedule of the shares of stock
  337  held by it as payment of the royalty required by this paragraph
  338  and report on any trades or activity concerning such stock. Each
  339  recipient’s reinvestment obligations survive the expiration or
  340  termination of its agreement with the state.
  341         3.Requirements for the establishment of internship
  342  programs or other learning opportunities for educators and
  343  secondary, postsecondary, graduate, and doctoral students.
  344         4.A requirement that the recipient submit quarterly
  345  reports and annual reports related to activities and performance
  346  to the office, according to standardized reporting periods.
  347         5.A requirement for an annual accounting to the office of
  348  the expenditure of funds disbursed under this section.
  349         6.A process for amending the agreement.
  350         (9) Enterprise Florida, Inc., shall assist the office in
  351  validating the performance of an innovation business, a or
  352  research and development facility, or an alternative and
  353  renewable energy business that has received an award. At the
  354  conclusion of the innovation incentive award agreement, or its
  355  earlier termination, Enterprise Florida, Inc., shall, within 90
  356  days, submit a report the results of the innovation incentive
  357  award to the Governor, the President of the Senate, and the
  358  Speaker of the House of Representatives detailing whether the
  359  recipient of the innovation incentive grant achieved its
  360  specified outcomes.
  361         (10) Each recipient of an award shall comply with
  362  Enterprise Florida, Inc., shall develop business ethics
  363  standards developed by Enterprise Florida, Inc., which are based
  364  on appropriate best industry practices which shall be applicable
  365  to all award recipients. The standards shall address ethical
  366  duties of business enterprises, fiduciary responsibilities of
  367  management, and compliance with the laws of this state.
  368  Enterprise Florida, Inc., may collaborate with the State
  369  University System in reviewing and evaluating appropriate
  370  business ethics standards. Such standards shall be provided to
  371  the Governor, the President of the Senate, and the Speaker of
  372  the House of Representatives by December 31, 2006. An award
  373  agreement entered into on or after December 31, 2006, shall
  374  require a recipient to comply with the business ethics standards
  375  developed pursuant to this section.
  376         (11)(a)Beginning January 5, 2010, and every year
  377  thereafter, the office shall submit to the Governor, the
  378  President of the Senate, and the Speaker of the House of
  379  Representatives a report summarizing the activities and
  380  accomplishments of the recipients of grants from the Innovation
  381  Incentive Program during the previous 12 months and an
  382  evaluation by the office of whether the recipients are catalysts
  383  for additional direct and indirect economic development in
  384  Florida.
  385         (b)Beginning March 1, 2010, and every third year
  386  thereafter, the Office of Program Policy Analysis and Government
  387  Accountability, in consultation with the Auditor General’s
  388  Office, shall release a report evaluating the Innovation
  389  Incentive Program’s progress toward creating clusters of high
  390  wage, high-skilled, complementary industries that serve as
  391  catalysts for economic growth specifically in the regions in
  392  which they are located, and generally for the state as a whole.
  393  Such report should include critical analyses of quarterly and
  394  annual reports, annual audits, and other documents prepared by
  395  the Innovation Incentive program awardees; relevant economic
  396  development reports prepared by the office, Enterprise Florida,
  397  Inc., and local or regional economic development organizations;
  398  interviews with the parties involved; and any other relevant
  399  data. Such report should also include legislative
  400  recommendations, if necessary, on how to improve the Innovation
  401  Incentive Program so that the program reaches its anticipated
  402  potential as a catalyst for direct and indirect economic
  403  development in this state.
  404         (12)The office may seek the assistance of the Office of
  405  Program Policy Analysis and Government Accountability, the
  406  Legislature’s Office of Economic and Demographic Research, and
  407  other entities for the purpose of developing performance
  408  measures or techniques to quantify the synergistic economic
  409  development impacts that awardees of grants are having within
  410  their communities.
  411         Section 2. Subsection (6) of section 166.231, Florida
  412  Statutes, is amended to read:
  413         166.231 Municipalities; public service tax.—
  414         (6) A municipality may exempt from the tax imposed by this
  415  section any amount up to, and including, the total amount of
  416  electricity, metered natural gas, liquefied petroleum gas either
  417  metered or bottled, or manufactured gas either metered or
  418  bottled purchased per month, or reduce the rate of taxation on
  419  the purchase of such electricity or gas when purchased by an
  420  industrial consumer which uses the electricity or gas directly
  421  in industrial manufacturing, processing, compounding, or a
  422  production process, at a fixed location in the municipality, of
  423  items of tangible personal property for sale. The municipality
  424  shall establish the requirements for qualification for this
  425  exemption in the manner prescribed by ordinance. Possession by a
  426  seller of a written certification by the purchaser, certifying
  427  the purchaser’s entitlement to an exemption permitted by this
  428  subsection, relieves the seller from the responsibility of
  429  collecting the tax on the nontaxable amounts, and the
  430  municipality shall look solely to the purchaser for recovery of
  431  such tax if it determines that the purchaser was not entitled to
  432  the exemption. Any municipality granting an exemption pursuant
  433  to this subsection shall grant the exemption to all companies
  434  classified in the same five-digit NAICS SIC Industry Major Group
  435  Number. As used in this subsection, “NAICS” means those
  436  classifications contained in the North American Industry
  437  Classification System, as published in 2007 by the Office of
  438  Management and Budget, Executive Office of the President.
  439         Section 3. Paragraphs (a) and (i) of subsection (1) of
  440  section 212.05, Florida Statutes, are amended to read:
  441         212.05 Sales, storage, use tax. —It is hereby declared to
  442  be the legislative intent that every person is exercising a
  443  taxable privilege who engages in the business of selling
  444  tangible personal property at retail in this state, including
  445  the business of making mail order sales, or who rents or
  446  furnishes any of the things or services taxable under this
  447  chapter, or who stores for use or consumption in this state any
  448  item or article of tangible personal property as defined herein
  449  and who leases or rents such property within the state.
  450         (1) For the exercise of such privilege, a tax is levied on
  451  each taxable transaction or incident, which tax is due and
  452  payable as follows:
  453         (a)1.a. At the rate of 6 percent of the sales price of each
  454  item or article of tangible personal property when sold at
  455  retail in this state, computed on each taxable sale for the
  456  purpose of remitting the amount of tax due the state, and
  457  including each and every retail sale.
  458         b. Each occasional or isolated sale of an aircraft, boat,
  459  mobile home, or motor vehicle of a class or type which is
  460  required to be registered, licensed, titled, or documented in
  461  this state or by the United States Government shall be subject
  462  to tax at the rate provided in this paragraph. The department
  463  shall by rule adopt any nationally recognized publication for
  464  valuation of used motor vehicles as the reference price list for
  465  any used motor vehicle which is required to be licensed pursuant
  466  to s. 320.08(1), (2), (3)(a), (b), (c), or (e), or (9). If any
  467  party to an occasional or isolated sale of such a vehicle
  468  reports to the tax collector a sales price which is less than 80
  469  percent of the average loan price for the specified model and
  470  year of such vehicle as listed in the most recent reference
  471  price list, the tax levied under this paragraph shall be
  472  computed by the department on such average loan price unless the
  473  parties to the sale have provided to the tax collector an
  474  affidavit signed by each party, or other substantial proof,
  475  stating the actual sales price. Any party to such sale who
  476  reports a sales price less than the actual sales price is guilty
  477  of a misdemeanor of the first degree, punishable as provided in
  478  s. 775.082 or s. 775.083. The department shall collect or
  479  attempt to collect from such party any delinquent sales taxes.
  480  In addition, such party shall pay any tax due and any penalty
  481  and interest assessed plus a penalty equal to twice the amount
  482  of the additional tax owed. Notwithstanding any other provision
  483  of law, the Department of Revenue may waive or compromise any
  484  penalty imposed pursuant to this subparagraph.
  485         2. This paragraph does not apply to the sale of a boat or
  486  aircraft by or through a registered dealer under this chapter to
  487  a purchaser who, at the time of taking delivery, is a
  488  nonresident of this state, does not make his or her permanent
  489  place of abode in this state, and is not engaged in carrying on
  490  in this state any employment, trade, business, or profession in
  491  which the boat or aircraft will be used in this state, or is a
  492  corporation none of the officers or directors of which is a
  493  resident of, or makes his or her permanent place of abode in,
  494  this state, or is a noncorporate entity that has no individual
  495  vested with authority to participate in the management,
  496  direction, or control of the entity’s affairs who is a resident
  497  of, or makes his or her permanent abode in, this state. For
  498  purposes of this exemption, either a registered dealer acting on
  499  his or her own behalf as seller, a registered dealer acting as
  500  broker on behalf of a seller, or a registered dealer acting as
  501  broker on behalf of the purchaser may be deemed to be the
  502  selling dealer. This exemption shall not be allowed unless:
  503         a. The purchaser removes a qualifying boat, as described in
  504  sub-subparagraph f., from the state within 90 days after the
  505  date of purchase or extension, or the purchaser removes a
  506  nonqualifying boat or an aircraft from this state within 10 days
  507  after the date of purchase or, when the boat or aircraft is
  508  repaired or altered, within 20 days after completion of the
  509  repairs or alterations;
  510         b. The purchaser, within 30 days from the date of
  511  departure, shall provide the department with written proof that
  512  the purchaser licensed, registered, titled, or documented the
  513  boat or aircraft outside the state. If such written proof is
  514  unavailable, within 30 days the purchaser shall provide proof
  515  that the purchaser applied for such license, title,
  516  registration, or documentation. The purchaser shall forward to
  517  the department proof of title, license, registration, or
  518  documentation upon receipt.
  519         c. The purchaser, within 10 days of removing the boat or
  520  aircraft from Florida, shall furnish the department with proof
  521  of removal in the form of receipts for fuel, dockage, slippage,
  522  tie-down, or hangaring from outside of Florida. The information
  523  so provided must clearly and specifically identify the boat or
  524  aircraft;
  525         d. The selling dealer, within 5 days of the date of sale,
  526  shall provide to the department a copy of the sales invoice,
  527  closing statement, bills of sale, and the original affidavit
  528  signed by the purchaser attesting that he or she has read the
  529  provisions of this section;
  530         e. The seller makes a copy of the affidavit a part of his
  531  or her record for as long as required by s. 213.35; and
  532         f. Unless the nonresident purchaser of a boat of 5 net tons
  533  of admeasurement or larger intends to remove the boat from this
  534  state within 10 days after the date of purchase or when the boat
  535  is repaired or altered, within 20 days after completion of the
  536  repairs or alterations, the nonresident purchaser shall apply to
  537  the selling dealer for a decal which authorizes 90 days after
  538  the date of purchase for removal of the boat. The nonresident
  539  purchaser of a qualifying boat may apply to the selling dealer
  540  within 60 days after the date of purchase for an extension decal
  541  that authorizes the boat to remain in this state for an
  542  additional 90 days, but not more than a total of 180 days,
  543  before the nonresident purchaser is required to pay the tax
  544  imposed by this chapter. The department is authorized to issue
  545  decals in advance to dealers. The number of decals issued in
  546  advance to a dealer shall be consistent with the volume of the
  547  dealer’s past sales of boats which qualify under this sub
  548  subparagraph. The selling dealer or his or her agent shall mark
  549  and affix the decals to qualifying boats in the manner
  550  prescribed by the department, prior to delivery of the boat.
  551         (I) The department is hereby authorized to charge dealers a
  552  fee sufficient to recover the costs of decals issued, except the
  553  extension decal shall cost $425.
  554         (II) The proceeds from the sale of decals will be deposited
  555  into the administrative trust fund.
  556         (III) Decals shall display information to identify the boat
  557  as a qualifying boat under this sub-subparagraph, including, but
  558  not limited to, the decal’s date of expiration.
  559         (IV) The department is authorized to require dealers who
  560  purchase decals to file reports with the department and may
  561  prescribe all necessary records by rule. All such records are
  562  subject to inspection by the department.
  563         (V) Any dealer or his or her agent who issues a decal
  564  falsely, fails to affix a decal, mismarks the expiration date of
  565  a decal, or fails to properly account for decals will be
  566  considered prima facie to have committed a fraudulent act to
  567  evade the tax and will be liable for payment of the tax plus a
  568  mandatory penalty of 200 percent of the tax, and shall be liable
  569  for fine and punishment as provided by law for a conviction of a
  570  misdemeanor of the first degree, as provided in s. 775.082 or s.
  571  775.083.
  572         (VI) Any nonresident purchaser of a boat who removes a
  573  decal prior to permanently removing the boat from the state, or
  574  defaces, changes, modifies, or alters a decal in a manner
  575  affecting its expiration date prior to its expiration, or who
  576  causes or allows the same to be done by another, will be
  577  considered prima facie to have committed a fraudulent act to
  578  evade the tax and will be liable for payment of the tax plus a
  579  mandatory penalty of 200 percent of the tax, and shall be liable
  580  for fine and punishment as provided by law for a conviction of a
  581  misdemeanor of the first degree, as provided in s. 775.082 or s.
  582  775.083.
  583         (VII) The department is authorized to adopt rules necessary
  584  to administer and enforce this subparagraph and to publish the
  585  necessary forms and instructions.
  586         (VIII) The department is hereby authorized to adopt
  587  emergency rules pursuant to s. 120.54(4) to administer and
  588  enforce the provisions of this subparagraph.
  589  
  590         If the purchaser fails to remove the qualifying boat from
  591  this state within the maximum 180 90 days after purchase or a
  592  nonqualifying boat or an aircraft from this state within 10 days
  593  after purchase or, when the boat or aircraft is repaired or
  594  altered, within 20 days after completion of such repairs or
  595  alterations, or permits the boat or aircraft to return to this
  596  state within 6 months from the date of departure, or if the
  597  purchaser fails to furnish the department with any of the
  598  documentation required by this subparagraph within the
  599  prescribed time period, the purchaser shall be liable for use
  600  tax on the cost price of the boat or aircraft and, in addition
  601  thereto, payment of a penalty to the Department of Revenue equal
  602  to the tax payable. This penalty shall be in lieu of the penalty
  603  imposed by s. 212.12(2) and is mandatory and shall not be waived
  604  by the department. The maximum 180-day 90-day period following
  605  the sale of a qualifying boat tax-exempt to a nonresident may
  606  not be tolled for any reason. Notwithstanding other provisions
  607  of this paragraph to the contrary, an aircraft purchased in this
  608  state under the provisions of this paragraph may be returned to
  609  this state for repairs within 6 months after the date of its
  610  departure without being in violation of the law and without
  611  incurring liability for the payment of tax or penalty on the
  612  purchase price of the aircraft if the aircraft is removed from
  613  this state within 20 days after the completion of the repairs
  614  and if such removal can be demonstrated by invoices for fuel,
  615  tie-down, hangar charges issued by out-of-state vendors or
  616  suppliers, or similar documentation.
  617         (i)1. At the rate of 6 percent on charges for all:
  618         a. Detective, burglar protection, and other protection
  619  services (NAICS National SIC Industry Numbers 561611, 561612,
  620  561613, 7381 and 561621 7382). Any law enforcement officer, as
  621  defined in s. 943.10, who is performing approved duties as
  622  determined by his or her local law enforcement agency in his or
  623  her capacity as a law enforcement officer, and who is subject to
  624  the direct and immediate command of his or her law enforcement
  625  agency, and in the law enforcement officer’s uniform as
  626  authorized by his or her law enforcement agency, is performing
  627  law enforcement and public safety services and is not performing
  628  detective, burglar protection, or other protective services, if
  629  the law enforcement officer is performing his or her approved
  630  duties in a geographical area in which the law enforcement
  631  officer has arrest jurisdiction. Such law enforcement and public
  632  safety services are not subject to tax irrespective of whether
  633  the duty is characterized as “extra duty,” “off-duty,” or
  634  “secondary employment,” and irrespective of whether the officer
  635  is paid directly or through the officer’s agency by an outside
  636  source. The term “law enforcement officer” includes full-time or
  637  part-time law enforcement officers, and any auxiliary law
  638  enforcement officer, when such auxiliary law enforcement officer
  639  is working under the direct supervision of a full-time or part
  640  time law enforcement officer.
  641         b. Nonresidential cleaning and nonresidential pest control
  642  services (NAICS National Numbers 561710 and 561720 SIC Industry
  643  Group Number 734).
  644         2. As used in this paragraph, “NAICS SIC” means those
  645  classifications contained in the North American Industry
  646  Standard Industrial Classification System Manual, 1987, as
  647  published in 2007 by the Office of Management and Budget,
  648  Executive Office of the President.
  649         3. Charges for detective, burglar protection, and other
  650  protection security services performed in this state but used
  651  outside this state are exempt from taxation. Charges for
  652  detective, burglar protection, and other protection security
  653  services performed outside this state and used in this state are
  654  subject to tax.
  655         4. If a transaction involves both the sale or use of a
  656  service taxable under this paragraph and the sale or use of a
  657  service or any other item not taxable under this chapter, the
  658  consideration paid must be separately identified and stated with
  659  respect to the taxable and exempt portions of the transaction or
  660  the entire transaction shall be presumed taxable. The burden
  661  shall be on the seller of the service or the purchaser of the
  662  service, whichever applicable, to overcome this presumption by
  663  providing documentary evidence as to which portion of the
  664  transaction is exempt from tax. The department is authorized to
  665  adjust the amount of consideration identified as the taxable and
  666  exempt portions of the transaction; however, a determination
  667  that the taxable and exempt portions are inaccurately stated and
  668  that the adjustment is applicable must be supported by
  669  substantial competent evidence.
  670         5. Each seller of services subject to sales tax pursuant to
  671  this paragraph shall maintain a monthly log showing each
  672  transaction for which sales tax was not collected because the
  673  services meet the requirements of subparagraph 3. for out-of
  674  state use. The log must identify the purchaser’s name, location
  675  and mailing address, and federal employer identification number,
  676  if a business, or the social security number, if an individual,
  677  the service sold, the price of the service, the date of sale,
  678  the reason for the exemption, and the sales invoice number. The
  679  monthly log shall be maintained pursuant to the same
  680  requirements and subject to the same penalties imposed for the
  681  keeping of similar records pursuant to this chapter.
  682         Section 4. Paragraph (b) of subsection (10) of section
  683  212.097, Florida Statutes, are amended to read:
  684         212.097 Urban High-Crime Area Job Tax Credit Program.—
  685         (10)
  686         (b) Applications shall be reviewed and certified pursuant
  687  to s. 288.061. Within 30 working days after receipt of an
  688  application for credit, the Office of Tourism, Trade, and
  689  Economic Development shall review the application to determine
  690  whether it contains all the information required by this
  691  subsection and meets the criteria set out in this section.
  692  Subject to the provisions of paragraph (c), the Office of
  693  Tourism, Trade, and Economic Development shall approve all
  694  applications that contain the information required by this
  695  subsection and meet the criteria set out in this section as
  696  eligible to receive a credit.
  697         Section 5. Paragraph (c) of subsection (1) of section
  698  212.098, Florida Statutes, is amended to read:
  699         212.098 Rural Job Tax Credit Program.—
  700         (1) As used in this section, the term:
  701         (c) “Qualified area” means any area that is contained
  702  within a rural area of critical economic concern designated
  703  under s. 288.0656, a county that has a population of fewer than
  704  75,000 persons, a or any county that has a population of 125,000
  705  100,000 or less and is contiguous to a county that has a
  706  population of less than 75,000, selected in the following
  707  manner: every third year, the Office of Tourism, Trade, and
  708  Economic Development shall rank and tier the state’s counties
  709  according to the following four factors:
  710         1. Highest unemployment rate for the most recent 36-month
  711  period.
  712         2. Lowest per capita income for the most recent 36-month
  713  period.
  714         3. Highest percentage of residents whose incomes are below
  715  the poverty level, based upon the most recent data available.
  716         4. Average weekly manufacturing wage, based upon the most
  717  recent data available.
  718         Section 6. Subparagraph 3. of paragraph (k) of subsection
  719  (8) of section 213.053, Florida Statutes, is created to read:
  720         213.053 Confidentiality and information sharing.—
  721         (8) Notwithstanding any other provision of this section,
  722  the department may provide:
  723         (k)1. Payment information relative to chapters 199, 201,
  724  202, 212, 220, 221, and 624 to the Office of Tourism, Trade, and
  725  Economic Development, or its employees or agents that are
  726  identified in writing by the office to the department, in the
  727  administration of the tax refund program for qualified defense
  728  contractors and space flight business contractors authorized by
  729  s. 288.1045 and the tax refund program for qualified target
  730  industry businesses authorized by s. 288.106.
  731         2. Information relative to tax credits taken by a business
  732  under s. 220.191 and exemptions or tax refunds received by a
  733  business under s. 212.08(5)(j) to the Office of Tourism, Trade,
  734  and Economic Development, or its employees or agents that are
  735  identified in writing by the office to the department, in the
  736  administration and evaluation of the capital investment tax
  737  credit program authorized in s. 220.191 and the semiconductor,
  738  defense, and space tax exemption program authorized in s.
  739  212.08(5)(j).
  740         3.Information relative to tax credits taken by a taxpayer
  741  pursuant to the tax credit programs created in ss. 193.017;
  742  212.08(5)(g),(h),(n),(o) and (p); 212.08(15); 212.096; 212.097;
  743  212.098; 220.181; 220.182; 220,183; 220.184; 220.1845; 220.185;
  744  220.1895; 220.19; 220.191; 220.192; 220.193; 288.0656; 288.99;
  745  290.007; 376.30781; 420.5093; 420.5099; 550.0951; 550.26352;
  746  550.2704; 601.155; 624.509; 624.510; 624.5105; and 624.5107 to
  747  the Office of Tourism, Trade, and Economic Development, or its
  748  employees or agents that are identified in writing by the office
  749  to the department, for use in the administration or evaluation
  750  of such programs.
  751  
  752         Disclosure of information under this subsection shall be
  753  pursuant to a written agreement between the executive director
  754  and the agency. Such agencies, governmental or nongovernmental,
  755  shall be bound by the same requirements of confidentiality as
  756  the Department of Revenue. Breach of confidentiality is a
  757  misdemeanor of the first degree, punishable as provided by s.
  758  775.082 or s. 775.083.
  759         Section 7. Subsection (5) of section 220.191, Florida
  760  Statutes, is amended to read:
  761         220.191 Capital investment tax credit.—
  762         (5) Applications shall be reviewed and certified pursuant
  763  to s. 288.061. The office, upon a recommendation by Enterprise
  764  Florida, Inc., shall first certify a business as eligible to
  765  receive tax credits pursuant to this section prior to the
  766  commencement of operations of a qualifying project, and such
  767  certification shall be transmitted to the Department of Revenue.
  768  Upon receipt of the certification, the Department of Revenue
  769  shall enter into a written agreement with the qualifying
  770  business specifying, at a minimum, the method by which income
  771  generated by or arising out of the qualifying project will be
  772  determined.
  773         Section 8. Section 288.061, Florida Statutes, is created to
  774  read:
  775         288.061Economic development incentive application
  776  process.—
  777         (1)Within 10 business days after receiving a submitted
  778  economic development incentive application, Enterprise Florida,
  779  Inc., shall review the application and inform the applicant
  780  business whether or not its application is complete. Within 10
  781  business days after the application is deemed complete,
  782  Enterprise Florida, Inc., shall evaluate the application and
  783  recommend approval or disapproval of the application to the
  784  director of the Office of Tourism, Trade, and Economic
  785  Development. In recommending an applicant business for approval,
  786  Enterprise Florida, Inc., shall include in its evaluation a
  787  recommended grant award amount and a review of the applicant’s
  788  ability to meet specific program criteria.
  789         (2)Within 10 calendar days after the Office of Tourism,
  790  Trade, and Economic Development receives the evaluation and
  791  recommendation from Enterprise Florida, Inc., the office shall
  792  notify Enterprise Florida, Inc., whether or not the application
  793  is reviewable. Within 22 calendar days after the office receives
  794  the recommendation from Enterprise Florida, Inc., the director
  795  of the office shall review the application and issue a letter of
  796  certification to the applicant that approves or disapproves an
  797  applicant business and includes a justification of that
  798  decision, unless the business requests an extension of that
  799  time. The final order shall specify the total amount of the
  800  award, the performance conditions that must be met to obtain the
  801  award, and the schedule for payment.
  802         Section 9. Subsection (4) of section 288.063, Florida
  803  Statutes, is amended to read:
  804         288.063 Contracts for transportation projects.—
  805         (4) The Office of Tourism, Trade, and Economic Development
  806  may adopt criteria by which transportation projects are to be
  807  reviewed and certified in accordance with s. 288.061 specified
  808  and identified. In approving transportation projects for
  809  funding, the Office of Tourism, Trade, and Economic Development
  810  shall consider factors including, but not limited to, the cost
  811  per job created or retained considering the amount of
  812  transportation funds requested; the average hourly rate of wages
  813  for jobs created; the reliance on the program as an inducement
  814  for the project’s location decision; the amount of capital
  815  investment to be made by the business; the demonstrated local
  816  commitment; the location of the project in an enterprise zone
  817  designated pursuant to s. 290.0055; the location of the project
  818  in a spaceport territory as defined in s. 331.304; the
  819  unemployment rate of the surrounding area; the poverty rate of
  820  the community; and the adoption of an economic element as part
  821  of its local comprehensive plan in accordance with s.
  822  163.3177(7)(j). The Office of Tourism, Trade, and Economic
  823  Development may contact any agency it deems appropriate for
  824  additional input regarding the approval of projects.
  825         Section 10. Subsection (2) of section 288.065, Florida
  826  Statutes, is amended to read:
  827         288.065 Rural Community Development Revolving Loan Fund.—
  828         (2) The program shall provide for long-term loans, loan
  829  guarantees, and loan loss reserves to units of local
  830  governments, or economic development organizations substantially
  831  underwritten by a unit of local government, within counties with
  832  populations of 75,000 or fewer less, or within any county with
  833  that has a population of 125,000 100,000 or fewer which less and
  834  is contiguous to a county with a population of 75,000 or fewer
  835  less, based on as determined by the most recent official
  836  population estimate as determined under pursuant to s. 186.901,
  837  including those residing in incorporated areas and those
  838  residing in unincorporated areas of the county, or to units of
  839  local government, or economic development organizations
  840  substantially underwritten by a unit of local government, within
  841  a rural area of critical economic concern. Requests for loans
  842  shall be made by application to the Office of Tourism, Trade,
  843  and Economic Development. Loans shall be made pursuant to
  844  agreements specifying the terms and conditions agreed to between
  845  the applicant and the Office of Tourism, Trade, and Economic
  846  Development. The loans shall be the legal obligations of the
  847  applicant. All repayments of principal and interest shall be
  848  returned to the loan fund and made available for loans to other
  849  applicants. However, in a rural area of critical economic
  850  concern designated by the Governor, and upon approval by the
  851  Office of Tourism, Trade, and Economic Development, repayments
  852  of principal and interest may be retained by the applicant if
  853  such repayments are dedicated and matched to fund regionally
  854  based economic development organizations representing the rural
  855  area of critical economic concern.
  856         Section 11. Paragraphs (b) and (e) of subsection (2) and
  857  subsection (3) of section 288.0655, Florida Statutes, are
  858  amended to read:
  859         288.0655 Rural Infrastructure Fund.—
  860         (2)
  861         (b) To facilitate access of rural communities and rural
  862  areas of critical economic concern as defined by the Rural
  863  Economic Development Initiative to infrastructure funding
  864  programs of the Federal Government, such as those offered by the
  865  United States Department of Agriculture and the United States
  866  Department of Commerce, and state programs, including those
  867  offered by Rural Economic Development Initiative agencies, and
  868  to facilitate local government or private infrastructure funding
  869  efforts, the office may award grants for up to 30 percent of the
  870  total infrastructure project cost. If an application for funding
  871  is for a catalyst site, as defined in s. 288.0656, the office
  872  may award grants for up to 40 percent of the total
  873  infrastructure project cost. Eligible projects must be related
  874  to specific job-creation or job-retention opportunities.
  875  Eligible projects may also include improving any inadequate
  876  infrastructure that has resulted in regulatory action that
  877  prohibits economic or community growth or reducing the costs to
  878  community users of proposed infrastructure improvements that
  879  exceed such costs in comparable communities. Eligible uses of
  880  funds shall include improvements to public infrastructure for
  881  industrial or commercial sites and upgrades to or development of
  882  public tourism infrastructure. Authorized infrastructure may
  883  include the following public or public-private partnership
  884  facilities: storm water systems; telecommunications facilities;
  885  broadband facilities; roads or other remedies to transportation
  886  impediments; nature-based tourism facilities; or other physical
  887  requirements necessary to facilitate tourism, trade, and
  888  economic development activities in the community. Authorized
  889  infrastructure may also include publicly or privately owned
  890  self-powered nature-based tourism facilities,publicly owned
  891  telecommunications facilities, and broadband facilities, and
  892  additions to the distribution facilities of the existing natural
  893  gas utility as defined in s. 366.04(3)(c), the existing electric
  894  utility as defined in s. 366.02, or the existing water or
  895  wastewater utility as defined in s. 367.021(12), or any other
  896  existing water or wastewater facility, which owns a gas or
  897  electric distribution system or a water or wastewater system in
  898  this state where:
  899         1. A contribution-in-aid of construction is required to
  900  serve public or public-private partnership facilities under the
  901  tariffs of any natural gas, electric, water, or wastewater
  902  utility as defined herein; and
  903         2. Such utilities as defined herein are willing and able to
  904  provide such service.
  905         (e) To enable local governments to access the resources
  906  available pursuant to s. 403.973(18), the office may award
  907  grants for surveys, feasibility studies, and other activities
  908  related to the identification and preclearance review of land
  909  which is suitable for preclearance review. Authorized grants
  910  under this paragraph shall not exceed $75,000 each, except in
  911  the case of a project in a rural area of critical economic
  912  concern, in which case the grant shall not exceed $300,000. Any
  913  funds awarded under this paragraph must be matched at a level of
  914  50 percent with local funds, except that any funds awarded for a
  915  project in a rural area of critical economic concern must be
  916  matched at a level of 33 percent with local funds. If an
  917  application for funding is for a catalyst site, as defined in s.
  918  288.0656, the requirement for local match may be waived pursuant
  919  to the process in s. 288.06561. In evaluating applications under
  920  this paragraph, the office shall consider the extent to which
  921  the application seeks to minimize administrative and consultant
  922  expenses.
  923         (3) The office, in consultation with Enterprise Florida,
  924  Inc., VISIT Florida, the Department of Environmental Protection,
  925  and the Florida Fish and Wildlife Conservation Commission, as
  926  appropriate, shall review and certify applications pursuant to
  927  s. 288.061. The review shall include an evaluation of and
  928  evaluate the economic benefit of the projects and their long
  929  term viability. The office shall have final approval for any
  930  grant under this section and must make a grant decision within
  931  30 days of receiving a completed application.
  932         Section 12. Section 288.0656, Florida Statutes, is amended
  933  to read:
  934         288.0656 Rural Economic Development Initiative.—
  935         (1)(a)Recognizing that rural communities and regions
  936  continue to face extraordinary challenges in their efforts to
  937  significantly improve their economies, specifically in terms of
  938  personal income, job creation, average wages, and strong tax
  939  bases, it is the intent of the Legislature to encourage and
  940  facilitate the location and expansion of major economic
  941  development projects of significant scale in such rural
  942  communities.
  943         (b) The Rural Economic Development Initiative, known as
  944  “REDI,” is created within the Office of Tourism, Trade, and
  945  Economic Development, and the participation of state and
  946  regional agencies in this initiative is authorized.
  947         (2) As used in this section, the term:
  948         (a)“Catalyst project” means a business locating or
  949  expanding in a rural area of critical economic concern to serve
  950  as an economic generator of regional significance for the growth
  951  of a regional target industry cluster. The project must provide
  952  capital investment on a scale significant enough to affect the
  953  entire region and result in the development of high-wage and
  954  high-skill jobs.
  955         (b)“Catalyst site” means a parcel or parcels of land
  956  within a rural area of critical economic concern that has been
  957  prioritized as a geographic site for economic development
  958  through partnerships with state, regional, and local
  959  organizations. The site must be reviewed by REDI and approved by
  960  the Office of Tourism, Trade, and Economic Development for the
  961  purposes of locating a catalyst project.
  962         (c)(a) “Economic distress” means conditions affecting the
  963  fiscal and economic viability of a rural community, including
  964  such factors as low per capita income, low per capita taxable
  965  values, high unemployment, high underemployment, low weekly
  966  earned wages compared to the state average, low housing values
  967  compared to the state average, high percentages of the
  968  population receiving public assistance, high poverty levels
  969  compared to the state average, and a lack of year-round stable
  970  employment opportunities.
  971         (d)“Rural area of critical economic concern” means a rural
  972  community, or a region composed of rural communities, designated
  973  by the Governor, that has been adversely affected by an
  974  extraordinary economic event, severe or chronic distress, or a
  975  natural disaster or that presents a unique economic development
  976  opportunity of regional impact.
  977         (e)(b) “Rural community” means:
  978         1. A county with a population of 75,000 or less.
  979         2. A county with a population of 125,000 100,000 or fewer
  980  which less that is contiguous to a county with a population of
  981  75,000 or fewer less.
  982         3. A municipality within a county described in subparagraph
  983  1. or subparagraph 2.
  984         4. An unincorporated federal enterprise community or an
  985  incorporated rural city with a population of 25,000 or less and
  986  an employment base focused on traditional agricultural or
  987  resource-based industries, located in a county not defined as
  988  rural, which has at least three or more of the economic distress
  989  factors identified in paragraph (c) (a) and verified by the
  990  Office of Tourism, Trade, and Economic Development.
  991  
  992         For purposes of this paragraph, population shall be
  993  determined in accordance with the most recent official estimate
  994  pursuant to s. 186.901.
  995         (3) REDI shall be responsible for coordinating and focusing
  996  the efforts and resources of state and regional agencies on the
  997  problems which affect the fiscal, economic, and community
  998  viability of Florida’s economically distressed rural
  999  communities, working with local governments, community-based
 1000  organizations, and private organizations that have an interest
 1001  in the growth and development of these communities to find ways
 1002  to balance environmental and growth management issues with local
 1003  needs.
 1004         (4) REDI shall review and evaluate the impact of statutes
 1005  and rules on rural communities and shall work to minimize any
 1006  adverse impact and undertake outreach and capacity building
 1007  efforts.
 1008         (5) REDI shall facilitate better access to state resources
 1009  by promoting direct access and referrals to appropriate state
 1010  and regional agencies and statewide organizations. REDI may
 1011  undertake outreach, capacity-building, and other advocacy
 1012  efforts to improve conditions in rural communities. These
 1013  activities may include sponsorship of conferences and
 1014  achievement awards.
 1015         (6)(a) By August 1 of each year, the head of each of the
 1016  following agencies and organizations shall designate a deputy
 1017  secretary or higher-level high-level staff person from within
 1018  the agency or organization to serve as the REDI representative
 1019  for the agency or organization:
 1020         1. The Department of Community Affairs.
 1021         2. The Department of Transportation.
 1022         3. The Department of Environmental Protection.
 1023         4. The Department of Agriculture and Consumer Services.
 1024         5. The Department of State.
 1025         6. The Department of Health.
 1026         7. The Department of Children and Family Services.
 1027         8. The Department of Corrections.
 1028         9. The Agency for Workforce Innovation.
 1029         10. The Department of Education.
 1030         11. The Department of Juvenile Justice.
 1031         12. The Fish and Wildlife Conservation Commission.
 1032         13. Each water management district.
 1033         14. Enterprise Florida, Inc.
 1034         15. Workforce Florida, Inc.
 1035         16. The Florida Commission on Tourism or VISIT Florida.
 1036         17. The Florida Regional Planning Council Association.
 1037         18. The Agency for Health Care Administration Florida State
 1038  Rural Development Council.
 1039         19. The Institute of Food and Agricultural Sciences (IFAS).
 1040  
 1041         An alternate for each designee shall also be chosen, and
 1042  the names of the designees and alternates shall be sent to the
 1043  director of the Office of Tourism, Trade, and Economic
 1044  Development.
 1045         (b) Each REDI representative must have comprehensive
 1046  knowledge of his or her agency’s functions, both regulatory and
 1047  service in nature, and of the state’s economic goals, policies,
 1048  and programs. This person shall be the primary point of contact
 1049  for his or her agency with REDI on issues and projects relating
 1050  to economically distressed rural communities and with regard to
 1051  expediting project review, shall ensure a prompt effective
 1052  response to problems arising with regard to rural issues, and
 1053  shall work closely with the other REDI representatives in the
 1054  identification of opportunities for preferential awards of
 1055  program funds and allowances and waiver of program requirements
 1056  when necessary to encourage and facilitate long-term private
 1057  capital investment and job creation.
 1058         (c) The REDI representatives shall work with REDI in the
 1059  review and evaluation of statutes and rules for adverse impact
 1060  on rural communities and the development of alternative
 1061  proposals to mitigate that impact.
 1062         (d) Each REDI representative shall be responsible for
 1063  ensuring that each district office or facility of his or her
 1064  agency is informed about the Rural Economic Development
 1065  Initiative and for providing assistance throughout the agency in
 1066  the implementation of REDI activities.
 1067         (7)(a) REDI may recommend to the Governor up to three rural
 1068  areas of critical economic concern. A rural area of critical
 1069  economic concern must be a rural community, or a region composed
 1070  of such, that has been adversely affected by an extraordinary
 1071  economic event or a natural disaster or that presents a unique
 1072  economic development opportunity of regional impact that will
 1073  create more than 1,000 jobs over a 5-year period. The Governor
 1074  may by executive order designate up to three rural areas of
 1075  critical economic concern which will establish these areas as
 1076  priority assignments for REDI as well as to allow the Governor,
 1077  acting through REDI, to waive criteria, requirements, or similar
 1078  provisions of any economic development incentive. Such
 1079  incentives shall include, but not be limited to: the Qualified
 1080  Target Industry Tax Refund Program under s. 288.106, the Quick
 1081  Response Training Program under s. 288.047, the Quick Response
 1082  Training Program for participants in the welfare transition
 1083  program under s. 288.047(8), transportation projects under s.
 1084  288.063, the brownfield redevelopment bonus refund under s.
 1085  288.107, and the rural job tax credit program under ss. 212.098
 1086  and 220.1895.
 1087         (b) Designation as a rural area of critical economic
 1088  concern under this subsection shall be contingent upon the
 1089  execution of a memorandum of agreement among the Office of
 1090  Tourism, Trade, and Economic Development; the governing body of
 1091  the county; and the governing bodies of any municipalities to be
 1092  included within a rural area of critical economic concern. Such
 1093  agreement shall specify the terms and conditions of the
 1094  designation, including, but not limited to, the duties and
 1095  responsibilities of the county and any participating
 1096  municipalities to take actions designed to facilitate the
 1097  retention and expansion of existing businesses in the area, as
 1098  well as the recruitment of new businesses to the area.
 1099         (c)Each rural area of critical economic concern may
 1100  designate catalyst projects, provided that each catalyst project
 1101  is specifically recommended by REDI, identified as a catalyst
 1102  project by Enterprise Florida, Inc., and confirmed as a catalyst
 1103  project by the Office of Tourism, Trade, and Economic
 1104  Development. All state agencies and departments shall use all
 1105  available tools and resources to the extent permissible by law
 1106  to promote the creation and development of each catalyst project
 1107  and the development of catalyst sites.
 1108         (8) REDI shall submit a report to the Governor, the
 1109  President of the Senate, and the Speaker of the House of
 1110  Representatives each year on or before September February 1 on
 1111  all REDI activities for the prior fiscal year. This report shall
 1112  include a status report on all projects currently being
 1113  coordinated through REDI, the number of preferential awards and
 1114  allowances made pursuant to this section, the dollar amount of
 1115  such awards, and the names of the recipients. The report shall
 1116  also include a description of all waivers of program
 1117  requirements granted. The report shall also include information
 1118  as to the economic impact of the projects coordinated by REDI,
 1119  and recommendations based on the review and evaluation of
 1120  statutes and rules having an adverse impact on rural
 1121  communities, and proposals to mitigate such adverse impacts.
 1122         Section 13. Section 288.06561, Florida Statutes, is amended
 1123  to read:
 1124         288.06561 Reduction or waiver of financial match
 1125  requirements.—Notwithstanding any other law, the member agencies
 1126  and organizations of the Rural Economic Development Initiative
 1127  (REDI), as defined in s. 288.0656(6)(a), shall review the
 1128  financial match requirements for projects in rural areas as
 1129  defined in s. 288.0656(2)(b).
 1130         (1) Each agency and organization shall develop a proposal
 1131  to waive or reduce the match requirement for rural areas.
 1132         (2) Agencies and organizations shall ensure that all
 1133  proposals are submitted to the Office of Tourism, Trade, and
 1134  Economic Development for review by the REDI agencies.
 1135         (3) These proposals shall be delivered to the Office of
 1136  Tourism, Trade, and Economic Development for distribution to the
 1137  REDI agencies and organizations. A meeting of REDI agencies and
 1138  organizations must be called within 30 days after receipt of
 1139  such proposals for REDI comment and recommendations on each
 1140  proposal.
 1141         (4) Waivers and reductions must be requested by the county
 1142  or community, and such county or community must have three or
 1143  more of the factors identified in s. 288.0656(2)(c)(a).
 1144         (5) Any other funds available to the project may be used
 1145  for financial match of federal programs when there is fiscal
 1146  hardship, and the match requirements may not be waived or
 1147  reduced.
 1148         (6) When match requirements are not reduced or eliminated,
 1149  donations of land, though usually not recognized as an in-kind
 1150  match, may be permitted.
 1151         (7) To the fullest extent possible, agencies and
 1152  organizations shall expedite the rule adoption and amendment
 1153  process if necessary to incorporate the reduction in match by
 1154  rural areas in fiscal distress.
 1155         (8) REDI shall include in its annual report an evaluation
 1156  on the status of changes to rules, number of awards made with
 1157  waivers, and recommendations for future changes.
 1158         Section 14. Subsection (1) of section 288.0657, Florida
 1159  Statutes, is amended to read:
 1160         288.0657 Florida rural economic development strategy
 1161  grants.—
 1162         (1) As used in this section, the term “rural community”
 1163  means:
 1164         (a) A county with a population of 75,000 or fewer less.
 1165         (b) A county with a population of 125,000 100,000 or fewer
 1166  which less that is contiguous to a county with a population of
 1167  75,000 or fewer less.
 1168         (c) A municipality within a county described in paragraph
 1169  (a) or paragraph (b).
 1170  
 1171         For purposes of this subsection, population shall be
 1172  determined in accordance with the most recent official estimate
 1173  pursuant to s. 186.901.
 1174         Section 15. Paragraph (c) of subsection (2), paragraphs
 1175  (a), (e), (f), (g), (h), (i), (j), and (k) of subsection (3),
 1176  and paragraph (c) of subsection (5) of section 288.1045, Florida
 1177  Statutes, are amended to read:
 1178         288.1045 Qualified defense contractor and space flight
 1179  business tax refund program.—
 1180         (2) GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.—
 1181         (c) A qualified applicant may not receive more than $5 $7.5
 1182  million in tax refunds pursuant to this section in all fiscal
 1183  years.
 1184         (3) APPLICATION PROCESS; REQUIREMENTS; AGENCY
 1185  DETERMINATION.—
 1186         (a) To apply for certification as a qualified applicant
 1187  pursuant to this section, an applicant must file an application
 1188  with the office which satisfies the requirements of paragraphs
 1189  (b) and (e), paragraphs (c) and (e), paragraphs (d) and (e), or
 1190  paragraphs (e) and (j) (k). An applicant may not apply for
 1191  certification pursuant to this section after a proposal has been
 1192  submitted for a new Department of Defense contract, after the
 1193  applicant has made the decision to consolidate an existing
 1194  Department of Defense contract in this state for which such
 1195  applicant is seeking certification, after a proposal has been
 1196  submitted for a new space flight business contract in this
 1197  state, after the applicant has made the decision to consolidate
 1198  an existing space flight business contract in this state for
 1199  which such applicant is seeking certification, or after the
 1200  applicant has made the decision to convert defense production
 1201  jobs to nondefense production jobs for which such applicant is
 1202  seeking certification.
 1203         (e) To qualify for review by the office, the application of
 1204  an applicant must, at a minimum, establish the following to the
 1205  satisfaction of the office:
 1206         1. The jobs proposed to be provided under the application,
 1207  pursuant to subparagraph (b)6., subparagraph (c)6., or
 1208  subparagraph (j)(k)6., must pay an estimated annual average wage
 1209  equaling at least 115 percent of the average wage in the area
 1210  where the project is to be located.
 1211         2. The consolidation of a Department of Defense contract
 1212  must result in a net increase of at least 25 percent in the
 1213  number of jobs at the applicant’s facilities in this state or
 1214  the addition of at least 80 jobs at the applicant’s facilities
 1215  in this state.
 1216         3. The conversion of defense production jobs to nondefense
 1217  production jobs must result in net increases in nondefense
 1218  employment at the applicant’s facilities in this state.
 1219         4. The Department of Defense contract or the space flight
 1220  business contract cannot allow the business to include the costs
 1221  of relocation or retooling in its base as allowable costs under
 1222  a cost-plus, or similar, contract.
 1223         5. A business unit of the applicant must have derived not
 1224  less than 60 percent of its gross receipts in this state from
 1225  Department of Defense contracts or space flight business
 1226  contracts over the applicant’s last fiscal year, and must have
 1227  derived not less than an average of 60 percent of its gross
 1228  receipts in this state from Department of Defense contracts or
 1229  space flight business contracts over the 5 years preceding the
 1230  date an application is submitted pursuant to this section. This
 1231  subparagraph does not apply to any application for certification
 1232  based on a contract for reuse of a defense-related facility.
 1233         6. The reuse of a defense-related facility must result in
 1234  the creation of at least 100 jobs at such facility.
 1235         7. A new space flight business contract or the
 1236  consolidation of a space flight business contract must result in
 1237  net increases in space flight business employment at the
 1238  applicant’s facilities in this state.
 1239         (f) Each application meeting the requirements of paragraphs
 1240  (b) and (e), paragraphs (c) and (e), paragraphs (d) and (e), or
 1241  paragraphs (e) and (j) (k) must be submitted to the office for a
 1242  determination of eligibility. The office shall review and
 1243  evaluate each application based on, but not limited to, the
 1244  following criteria:
 1245         1. Expected contributions to the state strategic economic
 1246  development plan adopted by Enterprise Florida, Inc., taking
 1247  into account the extent to which the project contributes to the
 1248  state’s high-technology base, and the long-term impact of the
 1249  project and the applicant on the state’s economy.
 1250         2. The economic benefit of the jobs created or retained by
 1251  the project in this state, taking into account the cost and
 1252  average wage of each job created or retained, and the potential
 1253  risk to existing jobs.
 1254         3. The amount of capital investment to be made by the
 1255  applicant in this state.
 1256         4. The local commitment and support for the project and
 1257  applicant.
 1258         5. The impact of the project on the local community, taking
 1259  into account the unemployment rate for the county where the
 1260  project will be located.
 1261         6. The dependence of the local community on the defense
 1262  industry or space flight business.
 1263         7. The impact of any tax refunds granted pursuant to this
 1264  section on the viability of the project and the probability that
 1265  the project will occur in this state if such tax refunds are
 1266  granted to the applicant, taking into account the expected long
 1267  term commitment of the applicant to economic growth and
 1268  employment in this state.
 1269         8. The length of the project, or the expected long-term
 1270  commitment to this state resulting from the project.
 1271         (g) Applications shall be reviewed and certified pursuant
 1272  to s. 288.061. The office shall forward its written findings and
 1273  evaluation on each application meeting the requirements of
 1274  paragraphs (b) and (e), paragraphs (c) and (e), paragraphs (d)
 1275  and (e), or paragraphs (e) and (k) to the director within 60
 1276  calendar days after receipt of a complete application. The
 1277  office shall notify each applicant when its application is
 1278  complete, and when the 60-day period begins. In its written
 1279  report to the director, the office shall specifically address
 1280  each of the factors specified in paragraph (f), and shall make a
 1281  specific assessment with respect to the minimum requirements
 1282  established in paragraph (e). The office shall include in its
 1283  report projections of the tax refunds the applicant would be
 1284  eligible to receive in each fiscal year based on the creation
 1285  and maintenance of the net new Florida jobs specified in
 1286  subparagraph (b)6., subparagraph (c)6., subparagraph (d)7., or
 1287  subparagraph (k)6. as of December 31 of the preceding state
 1288  fiscal year.
 1289         (h) Within 30 days after receipt of the office’s findings
 1290  and evaluation, the director shall issue a letter of
 1291  certification which either approves or disapproves an
 1292  application. The decision must be in writing and provide the
 1293  justifications for either approval or disapproval. If
 1294  appropriate, the director shall enter into a written agreement
 1295  with the qualified applicant pursuant to subsection (4).
 1296         (h)(i) The director may not certify any applicant as a
 1297  qualified applicant when the value of tax refunds to be included
 1298  in that letter of certification exceeds the available amount of
 1299  authority to certify new businesses as determined in s.
 1300  288.095(3). A letter of certification that approves an
 1301  application must specify the maximum amount of a tax refund that
 1302  is to be available to the contractor for each fiscal year and
 1303  the total amount of tax refunds for all fiscal years.
 1304         (i)(j) This section does not create a presumption that an
 1305  applicant should receive any tax refunds under this section.
 1306         (j)(k) Applications for certification based upon a new
 1307  space flight business contract or the consolidation of a space
 1308  flight business contract must be submitted to the office as
 1309  prescribed by the office and must include, but are not limited
 1310  to, the following information:
 1311         1. The applicant’s federal employer identification number,
 1312  the applicant’s Florida sales tax registration number, and a
 1313  signature of an officer of the applicant.
 1314         2. The permanent location of the space flight business
 1315  facility in this state where the project is or will be located.
 1316         3. The new space flight business contract number, the space
 1317  flight business contract numbers of the contract to be
 1318  consolidated, or the request-for-proposal number of a proposed
 1319  space flight business contract.
 1320         4. The date the contract was executed and the date the
 1321  contract is due to expire, is expected to expire, or was
 1322  canceled.
 1323         5. The commencement date for project operations under the
 1324  contract in this state.
 1325         6. The number of net new full-time equivalent Florida jobs
 1326  included in the project as of December 31 of each year and the
 1327  average wage of such jobs.
 1328         7. The total number of full-time equivalent employees
 1329  employed by the applicant in this state.
 1330         8. The percentage of the applicant’s gross receipts derived
 1331  from space flight business contracts during the 5 taxable years
 1332  immediately preceding the date the application is submitted.
 1333         9. The number of full-time equivalent jobs in this state to
 1334  be retained by the project.
 1335         10. A brief statement concerning the applicant’s need for
 1336  tax refunds and the proposed uses of such refunds by the
 1337  applicant.
 1338         11. A resolution adopted by the governing board of the
 1339  county or municipality in which the project will be located
 1340  which recommends the applicant be approved as a qualified
 1341  applicant and indicates that the necessary commitments of local
 1342  financial support for the applicant exist. Prior to the adoption
 1343  of the resolution, the county commission may review the proposed
 1344  public or private sources of such support and determine whether
 1345  the proposed sources of local financial support can be provided
 1346  or, for any applicant whose project is located in a county
 1347  designated by the Rural Economic Development Initiative, a
 1348  resolution adopted by the county commissioners of such county
 1349  requesting that the applicant’s project be exempt from the local
 1350  financial support requirement.
 1351         12. Any additional information requested by the office.
 1352         (5) ANNUAL CLAIM FOR REFUND.—
 1353         (c) A tax refund may not be approved for any qualified
 1354  applicant unless local financial support has been paid to the
 1355  Economic Development Trust Fund for that refund. If the local
 1356  financial support is less than 20 percent of the approved tax
 1357  refund, the tax refund shall be reduced. The tax refund paid may
 1358  not exceed 5 times the local financial support received. Funding
 1359  from local sources includes tax abatement under s. 196.1995 or
 1360  the appraised market value of municipal or county land,
 1361  including any improvements or structures, conveyed or provided
 1362  at a discount through a sale or lease to that applicant. The
 1363  amount of any tax refund for an applicant approved under this
 1364  section shall be reduced by the amount of any such tax abatement
 1365  granted or the value of the land granted, including the value of
 1366  any improvements or structures; and the limitations in
 1367  subsection (2) and paragraph (3)(h) shall be reduced by the
 1368  amount of any such tax abatement or the value of the land
 1369  granted, including any improvements or structures. A report
 1370  listing all sources of the local financial support shall be
 1371  provided to the office when such support is paid to the Economic
 1372  Development Trust Fund.
 1373         Section 16. Paragraphs (k) and (t) of subsection (1),
 1374  subsection (3), paragraph (b) of subsection (4), paragraph (c)
 1375  of subsection (5), and subsection (8) of section 288.106,
 1376  Florida Statutes, are amended to read:
 1377         288.106 Tax refund program for qualified target industry
 1378  businesses.—
 1379         (1) DEFINITIONS.—As used in this section:
 1380         (k) “Local financial support exemption option” means the
 1381  option to exercise an exemption from the local financial support
 1382  requirement available to any applicant whose project is located
 1383  in a brownfield area or a county with a population of 75,000 or
 1384  fewer or a county with a population of 125,000 100,000 or fewer
 1385  which is contiguous to a county with a population of 75,000 or
 1386  fewer. Any applicant that exercises this option shall not be
 1387  eligible for more than 80 percent of the total tax refunds
 1388  allowed such applicant under this section.
 1389         (t) “Rural community” means:
 1390         1. A county with a population of 75,000 or fewer less.
 1391         2. A county with a population of 125,000 100,000 or fewer
 1392  which less that is contiguous to a county with a population of
 1393  75,000 or fewer less.
 1394         3. A municipality within a county described in subparagraph
 1395  1. or subparagraph 2.
 1396  
 1397         For purposes of this paragraph, population shall be
 1398  determined in accordance with the most recent official estimate
 1399  pursuant to s. 186.901.
 1400         (3) APPLICATION AND APPROVAL PROCESS.—
 1401         (a) To apply for certification as a qualified target
 1402  industry business under this section, the business must file an
 1403  application with the office before the business has made the
 1404  decision to locate a new business in this state or before the
 1405  business had made the decision to expand an existing business in
 1406  this state. The application shall include, but is not limited
 1407  to, the following information:
 1408         1. The applicant’s federal employer identification number
 1409  and the applicant’s state sales tax registration number.
 1410         2. The permanent location of the applicant’s facility in
 1411  this state at which the project is or is to be located.
 1412         3. A description of the type of business activity or
 1413  product covered by the project, including a minimum of a five
 1414  digit NAICS code four-digit SIC codes for all activities
 1415  included in the project. As used in this paragraph, “NAICS”
 1416  means those classifications contained in the North American
 1417  Industry Classification System, as published in 2007 by the
 1418  Office of Management and Budget, Executive Office of the
 1419  President.
 1420         4. The number of net new full-time equivalent Florida jobs
 1421  at the qualified target industry business as of December 31 of
 1422  each year included in the project and the average wage of those
 1423  jobs. If more than one type of business activity or product is
 1424  included in the project, the number of jobs and average wage for
 1425  those jobs must be separately stated for each type of business
 1426  activity or product.
 1427         5. The total number of full-time equivalent employees
 1428  employed by the applicant in this state.
 1429         6. The anticipated commencement date of the project.
 1430         7. A brief statement concerning the role that the tax
 1431  refunds requested will play in the decision of the applicant to
 1432  locate or expand in this state.
 1433         8. An estimate of the proportion of the sales resulting
 1434  from the project that will be made outside this state.
 1435         9. A resolution adopted by the governing board of the
 1436  county or municipality in which the project will be located,
 1437  which resolution recommends that certain types of businesses be
 1438  approved as a qualified target industry business and states that
 1439  the commitments of local financial support necessary for the
 1440  target industry business exist. In advance of the passage of
 1441  such resolution, the office may also accept an official letter
 1442  from an authorized local economic development agency that
 1443  endorses the proposed target industry project and pledges that
 1444  sources of local financial support for such project exist. For
 1445  the purposes of making pledges of local financial support under
 1446  this subsection, the authorized local economic development
 1447  agency shall be officially designated by the passage of a one
 1448  time resolution by the local governing authority.
 1449         10. Any additional information requested by the office.
 1450         (b) To qualify for review by the office, the application of
 1451  a target industry business must, at a minimum, establish the
 1452  following to the satisfaction of the office:
 1453         1. The jobs proposed to be provided under the application,
 1454  pursuant to subparagraph (a)4., must pay an estimated annual
 1455  average wage equaling at least 115 percent of the average
 1456  private sector wage in the area where the business is to be
 1457  located or the statewide private sector average wage. In
 1458  determining the average annual wage, the office shall include
 1459  only new proposed jobs, and wages for existing jobs shall be
 1460  excluded from this calculation. The office may waive the this
 1461  average wage requirement at the request of the local governing
 1462  body recommending the project and Enterprise Florida, Inc. The
 1463  wage requirement may only be waived for a project located in a
 1464  brownfield area designated under s. 376.80 or in a rural city or
 1465  county or in an enterprise zone and only when the merits of the
 1466  individual project or the specific circumstances in the
 1467  community in relationship to the project warrant such action. If
 1468  the local governing body and Enterprise Florida, Inc., make such
 1469  a recommendation, it must be transmitted in writing and the
 1470  specific justification for the waiver recommendation must be
 1471  explained. If the director elects to waive the wage requirement,
 1472  the waiver must be stated in writing and the reasons for
 1473  granting the waiver must be explained.
 1474         2. The target industry business’s project must result in
 1475  the creation of at least 10 jobs at such project and, if an
 1476  expansion of an existing business, must result in a net increase
 1477  in employment of at least not less than 10 percent at the such
 1478  business. Notwithstanding the definition of the term “expansion
 1479  of an existing business” in paragraph (1)(g), at the request of
 1480  the local governing body recommending the project and Enterprise
 1481  Florida, Inc., the office may define an “expansion of an
 1482  existing business” in a rural community or an enterprise zone as
 1483  the expansion of a business resulting in a net increase in
 1484  employment of less than 10 percent at such business if the
 1485  merits of the individual project or the specific circumstances
 1486  in the community in relationship to the project warrant such
 1487  action. If the local governing body and Enterprise Florida,
 1488  Inc., make such a request, the request it must be transmitted in
 1489  writing and the specific justification for the request must be
 1490  explained. If the director elects to grant the such request, the
 1491  grant such election must be stated in writing and the reason for
 1492  granting the request must be explained.
 1493         3. The business activity or product for the applicant’s
 1494  project is within an industry or industries that have been
 1495  identified by the office to be high-value-added industries that
 1496  contribute to the area and to the economic growth of the state
 1497  and that produce a higher standard of living for residents
 1498  citizens of this state in the new global economy or that can be
 1499  shown to make an equivalent contribution to the area and state’s
 1500  economic progress. The director must approve requests to waive
 1501  the wage requirement for brownfield areas designated under s.
 1502  376.80 unless it is demonstrated that such action is not in the
 1503  public interest.
 1504         (c) Each application meeting the requirements of paragraph
 1505  (b) must be submitted to the office for determination of
 1506  eligibility. The office shall review and evaluate each
 1507  application based on, but not limited to, the following
 1508  criteria:
 1509         1. Expected contributions to the state strategic economic
 1510  development plan adopted by Enterprise Florida, Inc., taking
 1511  into account the long-term effects of the project and of the
 1512  applicant on the state economy.
 1513         2. The economic benefit of the jobs created by the project
 1514  in this state, taking into account the cost and average wage of
 1515  each job created.
 1516         3. The amount of capital investment to be made by the
 1517  applicant in this state.
 1518         4. The local commitment and support for the project.
 1519         5. The effect of the project on the local community, taking
 1520  into account the unemployment rate for the county where the
 1521  project will be located.
 1522         6. The effect of any tax refunds granted pursuant to this
 1523  section on the viability of the project and the probability that
 1524  the project will be undertaken in this state if such tax refunds
 1525  are granted to the applicant, taking into account the expected
 1526  long-term commitment of the applicant to economic growth and
 1527  employment in this state.
 1528         7. The expected long-term commitment to this state
 1529  resulting from the project.
 1530         8. A review of the business’s past activities in this state
 1531  or other states, including whether such business has been
 1532  subjected to criminal or civil fines and penalties. Nothing in
 1533  This subparagraph does not shall require the disclosure of
 1534  confidential information.
 1535         (d) Applications shall be reviewed and certified pursuant
 1536  to s. 288.061. The office shall forward its written findings and
 1537  evaluation concerning each application meeting the requirements
 1538  of paragraph (b) to the director within 45 calendar days after
 1539  receipt of a complete application. The office shall notify each
 1540  target industry business when its application is complete, and
 1541  of the time when the 45-day period begins. In its written report
 1542  to the director, the office shall specifically address each of
 1543  the factors specified in paragraph (c) and shall make a specific
 1544  assessment with respect to the minimum requirements established
 1545  in paragraph (b). The office shall include in its review report
 1546  projections of the tax refunds the business would be eligible to
 1547  receive in each fiscal year based on the creation and
 1548  maintenance of the net new Florida jobs specified in
 1549  subparagraph (a)4. as of December 31 of the preceding state
 1550  fiscal year.
 1551         (e)1. Within 30 days after receipt of the office’s findings
 1552  and evaluation, the director shall issue a letter of
 1553  certification that either approves or disapproves the
 1554  application of the target industry business. The decision must
 1555  be in writing and must provide the justifications for approval
 1556  or disapproval.
 1557         2. If appropriate, the director shall enter into a written
 1558  agreement with the qualified target industry business pursuant
 1559  to subsection (4).
 1560         (e)(f) The director may not certify any target industry
 1561  business as a qualified target industry business if the value of
 1562  tax refunds to be included in that letter of certification
 1563  exceeds the available amount of authority to certify new
 1564  businesses as determined in s. 288.095(3). However, if the
 1565  commitments of local financial support represent less than 20
 1566  percent of the eligible tax refund payments, or to otherwise
 1567  preserve the viability and fiscal integrity of the program, the
 1568  director may certify a qualified target industry business to
 1569  receive tax refund payments of less than the allowable amounts
 1570  specified in paragraph (2)(b). A letter of certification that
 1571  approves an application must specify the maximum amount of tax
 1572  refund that will be available to the qualified industry business
 1573  in each fiscal year and the total amount of tax refunds that
 1574  will be available to the business for all fiscal years.
 1575         (f)(g)Nothing in This section does not shall create a
 1576  presumption that an applicant shall will receive any tax refunds
 1577  under this section. However, the office may issue nonbinding
 1578  opinion letters, upon the request of prospective applicants, as
 1579  to the applicants’ eligibility and the potential amount of
 1580  refunds.
 1581         (4) TAX REFUND AGREEMENT.—
 1582         (b) Compliance with the terms and conditions of the
 1583  agreement is a condition precedent for the receipt of a tax
 1584  refund each year. The failure to comply with the terms and
 1585  conditions of the tax refund agreement results in the loss of
 1586  eligibility for receipt of all tax refunds previously authorized
 1587  under this section and the revocation by the director of the
 1588  certification of the business entity as a qualified target
 1589  industry business, unless the business is eligible to receive
 1590  and elects to accept a prorated refund under paragraph (5)(d) or
 1591  the office grants the business an economic-stimulus exemption.
 1592         1. A qualified target industry business may submit, in
 1593  writing, a request to the office for an economic-stimulus
 1594  exemption. The request must provide quantitative evidence
 1595  demonstrating how negative economic conditions in the business’s
 1596  industry, the effects of the impact of a named hurricane or
 1597  tropical storm, or specific acts of terrorism affecting the
 1598  qualified target industry business have prevented the business
 1599  from complying with the terms and conditions of its tax refund
 1600  agreement.
 1601         2. Upon receipt of a request under subparagraph 1., the
 1602  director shall have 45 days to notify the requesting business,
 1603  in writing, if its exemption has been granted or denied. In
 1604  determining if an exemption should be granted, the director
 1605  shall consider the extent to which negative economic conditions
 1606  in the requesting business’s industry have occurred in the state
 1607  or, the effects of the impact of a named hurricane or tropical
 1608  storm, or specific acts of terrorism affecting the qualified
 1609  target industry business have prevented the business from
 1610  complying with the terms and conditions of its tax refund
 1611  agreement. The office shall consider current employment
 1612  statistics for this state by industry, including whether the
 1613  business’s industry had substantial job loss during the prior
 1614  year, when determining whether an exemption shall be granted.
 1615         3. As a condition for receiving a prorated refund under
 1616  paragraph (5)(d) or an economic-stimulus exemption under this
 1617  paragraph, a qualified target industry business must agree to
 1618  renegotiate its tax refund agreement with the office to, at a
 1619  minimum, ensure that the terms of the agreement comply with
 1620  current law and office procedures governing application for and
 1621  award of tax refunds. Upon approving the award of a prorated
 1622  refund or granting an economic-stimulus exemption, the office
 1623  shall renegotiate the tax refund agreement with the business as
 1624  required by this subparagraph. When amending the agreement of a
 1625  business receiving an economic-stimulus exemption, the office
 1626  may extend the duration of the agreement for a period not to
 1627  exceed 2 years.
 1628         4. A qualified target industry business may submit a
 1629  request for an economic-stimulus exemption to the office in lieu
 1630  of any tax refund claim scheduled to be submitted after January
 1631  1, 2009 2005, but before July 1, 2011 2006.
 1632         5. A qualified target industry business that receives an
 1633  economic-stimulus exemption may not receive a tax refund for the
 1634  period covered by the exemption.
 1635         (5) ANNUAL CLAIM FOR REFUND.—
 1636         (c) A tax refund may not be approved for a qualified target
 1637  industry business unless the required local financial support
 1638  has been paid into the account for that refund. If the local
 1639  financial support provided is less than 20 percent of the
 1640  approved tax refund, the tax refund must be reduced. In no event
 1641  may the tax refund exceed an amount that is equal to 5 times the
 1642  amount of the local financial support received. Further, funding
 1643  from local sources includes any tax abatement granted to that
 1644  business under s. 196.1995 or the appraised market value of
 1645  municipal or county land conveyed or provided at a discount to
 1646  that business. The amount of any tax refund for such business
 1647  approved under this section must be reduced by the amount of any
 1648  such tax abatement granted or the value of the land granted; and
 1649  the limitations in subsection (2) and paragraph (3)(e)(f) must
 1650  be reduced by the amount of any such tax abatement or the value
 1651  of the land granted. A report listing all sources of the local
 1652  financial support shall be provided to the office when such
 1653  support is paid to the account.
 1654         (8) EXPIRATION.—An applicant may not be certified as
 1655  qualified under this section after June 30, 2010. A tax refund
 1656  agreement existing on that date shall continue in effect in
 1657  accordance with its terms.
 1658         Section 17. Paragraph (e) of subsection (1), paragraph (b)
 1659  of subsection (3), and paragraph (f) of subsection (4) of
 1660  section 288.107, Florida Statutes, are amended, and paragraph
 1661  (e) is added to subsection (3) of that section, to read:
 1662         288.107 Brownfield redevelopment bonus refunds.—
 1663         (1) Definitions.— As used in this section:
 1664         (e) “Eligible business” means:
 1665         1. A qualified target industry business as defined in s.
 1666  288.106(1)(o); or
 1667         2. A business that can demonstrate a fixed capital
 1668  investment of at least $2 million in mixed-use business
 1669  activities, including multiunit housing, commercial, retail, and
 1670  industrial in brownfield areas, or at least $500,000 in
 1671  brownfield areas that do not require site cleanup, and which
 1672  provides benefits to its employees.
 1673         (3) CRITERIA.—The minimum criteria for participation in the
 1674  brownfield redevelopment bonus refund are:
 1675         (b) The completion of a fixed capital investment of at
 1676  least $2 million in mixed-use business activities, including
 1677  multiunit housing, commercial, retail, and industrial in
 1678  brownfield areas, or at least $500,000 in brownfield areas that
 1679  do not require site cleanup, by an eligible business applying
 1680  for a refund under paragraph (2)(b) which provides benefits to
 1681  its employees.
 1682         (e)A resolution adopted by the governing board of the
 1683  county or municipality in which the project will be located that
 1684  recommends that certain types of businesses be approved.
 1685         (4) PAYMENT OF BROWNFIELD REDEVELOPMENT BONUS REFUNDS.—
 1686         (f) Applications shall be reviewed and certified pursuant
 1687  to s. 288.061. The office shall review all applications
 1688  submitted under s. 288.106 or other similar application forms
 1689  for other eligible businesses as defined in paragraph (1)(e)
 1690  which indicate that the proposed project will be located in a
 1691  brownfield and determine, with the assistance of the Department
 1692  of Environmental Protection, that the project location is within
 1693  a brownfield as provided in this act.
 1694         Section 18. Paragraphs (b), (c), and (d) of subsection (5)
 1695  and subsections (7) and (8) of section 288.108, Florida
 1696  Statutes, are amended to read:
 1697         288.108 High-impact business.—
 1698         (5) APPLICATIONS; CERTIFICATION PROCESS; GRANT AGREEMENT.—
 1699         (b) Applications shall be reviewed and certified pursuant
 1700  to s. 288.061. Enterprise Florida, Inc., shall review each
 1701  submitted application and inform the applicant business whether
 1702  or not its application is complete within 10 working days. Once
 1703  the application is deemed complete, Enterprise Florida, Inc.,
 1704  has 10 working days within which to evaluate the application and
 1705  recommend approval or disapproval of the application to the
 1706  director. In recommending an applicant business for approval,
 1707  Enterprise Florida, Inc., shall include a recommended grant
 1708  award amount in its evaluation forwarded to the office.
 1709         (c) Upon receipt of the evaluation and recommendation of
 1710  Enterprise Florida, Inc., the director has 5 working days to
 1711  enter a final order that either approves or disapproves an
 1712  applicant business as a qualified high-impact business facility,
 1713  unless the business requests an extension of the time. The final
 1714  order shall specify the total amount of the qualified high
 1715  impact business facility performance grant award, the
 1716  performance conditions that must be met to obtain the award, and
 1717  the schedule for payment of the performance grant.
 1718         (c)(d) The director and the qualified high-impact business
 1719  shall enter into a performance grant agreement setting forth the
 1720  conditions for payment of the qualified high-impact business
 1721  performance grant. The agreement shall include the total amount
 1722  of the qualified high-impact business facility performance grant
 1723  award, the performance conditions that must be met to obtain the
 1724  award, including the employment, average salary, investment, the
 1725  methodology for determining if the conditions have been met, and
 1726  the schedule of performance grant payments.
 1727         (7) REPORTING.—The office shall by December 1 of each year
 1728  issue a complete and detailed report of all designated high
 1729  impact sectors, all applications received and their disposition,
 1730  all final orders issued, and all payments made, including
 1731  analyses of benefits and costs, types of projects supported, and
 1732  employment and investments created. The report shall be
 1733  submitted to the Governor, the President of the Senate, and the
 1734  Speaker of the House of Representatives.
 1735         (7)(8) RULEMAKING.—The office may adopt rules necessary to
 1736  carry out the provisions of this section.
 1737         Section 19. Paragraphs (a), (b), and (c) of subsection (3)
 1738  of section 288.1088, Florida Statutes, are amended to read:
 1739         288.1088 Quick Action Closing Fund.—
 1740         (3)(a) Enterprise Florida, Inc., shall review applications
 1741  pursuant to s. 288.061 and determine eligibility of each project
 1742  consistent with the criteria in subsection (2). Enterprise
 1743  Florida, Inc., in consultation with the Office of Tourism,
 1744  Trade, and Economic Development, may waive these criteria based
 1745  on extraordinary circumstances or in rural areas of critical
 1746  economic concern if the project would significantly benefit the
 1747  local or regional economy. Enterprise Florida, Inc., shall
 1748  evaluate individual proposals for high-impact business
 1749  facilities and forward recommendations regarding the use of
 1750  moneys in the fund for such facilities to the director of the
 1751  Office of Tourism, Trade, and Economic Development. Such
 1752  evaluation and recommendation must include, but need not be
 1753  limited to:
 1754         1. A description of the type of facility or infrastructure,
 1755  its operations, and the associated product or service associated
 1756  with the facility.
 1757         2. The number of full-time-equivalent jobs that will be
 1758  created by the facility and the total estimated average annual
 1759  wages of those jobs or, in the case of privately developed rural
 1760  infrastructure, the types of business activities and jobs
 1761  stimulated by the investment.
 1762         3. The cumulative amount of investment to be dedicated to
 1763  the facility within a specified period.
 1764         4. A statement of any special impacts the facility is
 1765  expected to stimulate in a particular business sector in the
 1766  state or regional economy or in the state’s universities and
 1767  community colleges.
 1768         5. A statement of the role the incentive is expected to
 1769  play in the decision of the applicant business to locate or
 1770  expand in this state or for the private investor to provide
 1771  critical rural infrastructure.
 1772         6. A report evaluating the quality and value of the company
 1773  submitting a proposal. The report must include:
 1774         a. A financial analysis of the company, including an
 1775  evaluation of the company’s short-term liquidity ratio as
 1776  measured by its assets to liability, the company’s profitability
 1777  ratio, and the company’s long-term solvency as measured by its
 1778  debt-to-equity ratio;
 1779         b. The historical market performance of the company;
 1780         c. A review of any independent evaluations of the company;
 1781         d. A review of the latest audit of the company’s financial
 1782  statement and the related auditor’s management letter; and
 1783         e. A review of any other types of audits that are related
 1784  to the internal and management controls of the company.
 1785         (b) Within 22 calendar days after receiving Upon receipt of
 1786  the evaluation and recommendation from Enterprise Florida, Inc.,
 1787  the director shall recommend to the Governor approval or
 1788  disapproval of a project for receipt of funds from the Quick
 1789  Action Closing Fund to the Governor. In recommending a project,
 1790  the director shall include proposed performance conditions that
 1791  the project must meet to obtain incentive funds. The Governor
 1792  shall provide the evaluation of projects recommended for
 1793  approval to the President of the Senate and the Speaker of the
 1794  House of Representatives and consult with the President of the
 1795  Senate and the Speaker of the House of Representatives before
 1796  giving final approval for a project. The Executive Office of the
 1797  Governor shall recommend approval of a project and the release
 1798  of funds pursuant to the legislative consultation and review
 1799  requirements set forth in s. 216.177. The recommendation must
 1800  include proposed performance conditions that the project must
 1801  meet in order to obtain funds.
 1802         (c) Upon the approval of the Governor, the director of the
 1803  Office of Tourism, Trade, and Economic Development and the
 1804  business shall enter into a contract that sets forth the
 1805  conditions for payment of moneys from the fund. The contract
 1806  must include the total amount of funds awarded; the performance
 1807  conditions that must be met to obtain the award, including, but
 1808  not limited to, net new employment in the state, average salary,
 1809  and total capital investment; demonstrate a baseline of current
 1810  service and a measure of enhanced capability; the methodology
 1811  for validating performance; the schedule of payments from the
 1812  fund; and sanctions for failure to meet performance conditions.
 1813  The contract must provide that payment of moneys from the fund
 1814  is contingent upon sufficient appropriation of funds by the
 1815  Legislature and upon sufficient release of appropriated funds by
 1816  the Legislative Budget Commission.
 1817         Section 20. Subsection (2) of section 257.193, Florida
 1818  Statutes, is amended to read:
 1819         257.193 Community Libraries in Caring Program.—
 1820         (2) The purpose of the Community Libraries in Caring
 1821  Program is to assist libraries in rural communities, as defined
 1822  in s. 288.0656(2)(b) and subject to the provisions of s.
 1823  288.06561, to strengthen their collections and services, improve
 1824  literacy in their communities, and improve the economic
 1825  viability of their communities.
 1826         Section 21. Section 288.019, Florida Statutes, is amended
 1827  to read:
 1828         288.019 Rural considerations in grant review and evaluation
 1829  processes.—Notwithstanding any other law, and to the fullest
 1830  extent possible, the member agencies and organizations of the
 1831  Rural Economic Development Initiative (REDI) as defined in s.
 1832  288.0656(6)(a) shall review all grant and loan application
 1833  evaluation criteria to ensure the fullest access for rural
 1834  counties as defined in s. 288.0656(2)(b) to resources available
 1835  throughout the state.
 1836         (1) Each REDI agency and organization shall review all
 1837  evaluation and scoring procedures and develop modifications to
 1838  those procedures which minimize the impact of a project within a
 1839  rural area.
 1840         (2) Evaluation criteria and scoring procedures must provide
 1841  for an appropriate ranking based on the proportionate impact
 1842  that projects have on a rural area when compared with similar
 1843  project impacts on an urban area.
 1844         (3) Evaluation criteria and scoring procedures must
 1845  recognize the disparity of available fiscal resources for an
 1846  equal level of financial support from an urban county and a
 1847  rural county.
 1848         (a) The evaluation criteria should weight contribution in
 1849  proportion to the amount of funding available at the local
 1850  level.
 1851         (b) In-kind match should be allowed and applied as
 1852  financial match when a county is experiencing financial distress
 1853  through elevated unemployment at a rate in excess of the state’s
 1854  average by 5 percentage points or because of the loss of its ad
 1855  valorem base.
 1856         (4) For existing programs, the modified evaluation criteria
 1857  and scoring procedure must be delivered to the Office of
 1858  Tourism, Trade, and Economic Development for distribution to the
 1859  REDI agencies and organizations. The REDI agencies and
 1860  organizations shall review and make comments. Future rules,
 1861  programs, evaluation criteria, and scoring processes must be
 1862  brought before a REDI meeting for review, discussion, and
 1863  recommendation to allow rural counties fuller access to the
 1864  state’s resources.
 1865         Section 22. Paragraph (d) of subsection (15) of section
 1866  627.6699, Florida Statutes, is amended to read:
 1867         627.6699 Employee Health Care Access Act.—
 1868         (15) SMALL EMPLOYERS ACCESS PROGRAM.—
 1869         (d) Eligibility.—
 1870         1. Any small employer that is actively engaged in business,
 1871  has its principal place of business in this state, employs up to
 1872  25 eligible employees on business days during the preceding
 1873  calendar year, employs at least 2 employees on the first day of
 1874  the plan year, and has had no prior coverage for the last 6
 1875  months may participate.
 1876         2. Any municipality, county, school district, or hospital
 1877  employer located in a rural community as defined in s.
 1878  288.0656(2)(b) may participate.
 1879         3. Nursing home employers may participate.
 1880         4. Each dependent of a person eligible for coverage is also
 1881  eligible to participate.
 1882  
 1883         Any employer participating in the program must do so until
 1884  the end of the term for which the carrier providing the coverage
 1885  is obligated to provide such coverage to the program. Coverage
 1886  for a small employer group that ceases to meet the eligibility
 1887  requirements of this section may be terminated at the end of the
 1888  policy period for which the necessary premiums have been paid.
 1889         Section 23. Subsection (8) is added to section 288.9015,
 1890  Florida Statutes, to read:
 1891         288.9015 Enterprise Florida, Inc.; purpose; duties.—
 1892         (8)Enterprise Florida, Inc., shall be responsible for
 1893  responding to all inquiries related to Florida’s business
 1894  requirements, economic incentives, and business development
 1895  opportunities.
 1896         Section 24. Subsection (2) of section 288.9622, Florida
 1897  Statutes, is amended to read:
 1898         288.9622 Findings and intent.—
 1899         (2) It is the intent of the Legislature that ss. 288.9621
 1900  288.9625 serve to mobilize private investment in a broad variety
 1901  of venture capital partnerships in diversified industries and
 1902  geographies; retain private sector investment criteria focused
 1903  on rate of return; use the services of highly qualified managers
 1904  in the venture capital industry regardless of location;
 1905  facilitate the organization of the Florida Opportunity Fund as
 1906  an a fund-of-funds investor in seed and early stage businesses,
 1907  infrastructure projects, venture capital funds, and angel funds;
 1908  and precipitate capital investment and extensions of credit to
 1909  and in the Florida Opportunity Fund.
 1910         Section 25. Subsection (4) and paragraph (a) of subsection
 1911  (5) of section 288.9624, Florida Statutes, are amended to read
 1912         288.9624 Florida Opportunity Fund; creation; duties.—
 1913         (4) For the purpose of mobilizing investment in a broad
 1914  variety of Florida-based, new technology companies and
 1915  generating a return sufficient to continue reinvestment, the
 1916  fund shall:
 1917         (a) Invest directly only in seed and early stage venture
 1918  capital funds that have experienced managers or management teams
 1919  with demonstrated experience, expertise, and a successful
 1920  history in the investment of venture capital funds, focusing on
 1921  opportunities in this state. The fund also may not make direct
 1922  investments, including loans, in individual businesses and
 1923  infrastructure projects. While not precluded from investing in
 1924  venture capital funds that have investments outside this state,
 1925  the fund must require a venture capital fund to show a record of
 1926  successful investment in this state, to be based in this state,
 1927  or to have an office in this state staffed with a full-time,
 1928  professional venture investment executive in order to be
 1929  eligible for investment.
 1930         (b) Negotiate for investment capital or loan proceeds from
 1931  private, institutional, or banking sources.
 1932         (c) Negotiate any and all terms and conditions for its
 1933  investments.
 1934         (d) Invest only in funds, businesses, and infrastructure
 1935  projects that have raised capital from other sources so that the
 1936  amount invested in such funds, businesses, or infrastructure
 1937  projects an entity in this state is at least twice the amount
 1938  invested by the fund. Direct investments must be made in Florida
 1939  infrastructure projects or businesses that are Florida-based or
 1940  have significant business activities in Florida and operate in
 1941  technology sectors that are strategic to Florida companies,
 1942  including, but not limited to, enterprises in life sciences,
 1943  information technology, advanced manufacturing processes,
 1944  aviation and aerospace, and homeland security and defense, as
 1945  well as other strategic technologies.
 1946         (e)Form or operate other entities and accept additional
 1947  funds from other public and private sources to further its
 1948  purpose.
 1949  
 1950  The Opportunity Fund may not use its original legislative
 1951  appropriation of $29.5 million for direct investments, including
 1952  loans, in businesses or infrastructure projects, or for any
 1953  purpose not specified in chapter 2007-189, Laws of Florida.
 1954         (5) By December 1 of each year, the board shall issue an
 1955  annual report concerning the activities conducted by the fund to
 1956  the Governor, the President of the Senate, and the Speaker of
 1957  the House of Representatives. The annual report, at a minimum,
 1958  must include:
 1959         (a) An accounting of the amount of investments disbursed by
 1960  the fund and the progress of the fund, including the progress of
 1961  business and infrastructure projects that have been provided
 1962  direct investment by the fund.
 1963         Section 26. Paragraph (a) of subsection (2) of section
 1964  443.1715, Florida Statutes, is amended to read:
 1965         443.1715 Disclosure of information; confidentiality.—
 1966         (2) DISCLOSURE OF INFORMATION.—
 1967         (a) Subject to restrictions the Agency for Workforce
 1968  Innovation or the state agency providing unemployment tax
 1969  collection services adopts by rule, information declared
 1970  confidential under this section is available to any agency of
 1971  this or any other state, or any federal agency, charged with the
 1972  administration of any unemployment compensation law or the
 1973  maintenance of the one-stop delivery system, or the Bureau of
 1974  Internal Revenue of the United States Department of the
 1975  Treasury, the Governor’s Office of Tourism, Trade, and Economic
 1976  Development, or the Florida Department of Revenue. Information
 1977  obtained in connection with the administration of the one-stop
 1978  delivery system may be made available to persons or agencies for
 1979  purposes appropriate to the operation of a public employment
 1980  service or a job-preparatory or career education or training
 1981  program. The Agency for Workforce Innovation shall, on a
 1982  quarterly basis, furnish the National Directory of New Hires
 1983  with information concerning the wages and unemployment benefits
 1984  paid to individuals, by the dates, in the format, and containing
 1985  the information specified in the regulations of the United
 1986  States Secretary of Health and Human Services. Upon request, the
 1987  Agency for Workforce Innovation shall furnish any agency of the
 1988  United States charged with the administration of public works or
 1989  assistance through public employment, and may furnish to any
 1990  state agency similarly charged, the name, address, ordinary
 1991  occupation, and employment status of each recipient of benefits
 1992  and the recipient’s rights to further benefits under this
 1993  chapter. Except as otherwise provided by law, the receiving
 1994  agency must retain the confidentiality of this information as
 1995  provided in this section. The tax collection service provider
 1996  may request the Comptroller of the Currency of the United States
 1997  to examine the correctness of any return or report of any
 1998  national banking association rendered under this chapter and may
 1999  in connection with that request transmit any report or return
 2000  for examination to the Comptroller of the Currency of the United
 2001  States as provided in s. 3305(c) of the federal Internal Revenue
 2002  Code.
 2003         Section 27. This act shall take effect July 1, 2009.
 2004  
 2005  
 2006  ================= T I T L E  A M E N D M E N T ================
 2007         And the title is amended as follows:
 2008         Delete everything before the enacting clause
 2009  and insert:
 2010                        A bill to be entitled                      
 2011         An act relating to economic development; amending s.
 2012  288.1089, F.S.; defining the terms “commission,” “industry
 2013  wage,” “naming opportunities,” and “net royalty revenues”;
 2014  expanding the definition of “project” to include alternative and
 2015  renewable energy applicants; requiring that an application for
 2016  an incentive award include certain information; authorizing the
 2017  waiver or reduction of requirements relating to matching funds
 2018  for alternative and renewable energy projects; requiring that
 2019  Enterprise Florida, Inc., evaluate proposals for all categories
 2020  of innovation incentive awards and solicit comments from the
 2021  Florida Energy and Climate Commission before making its
 2022  recommendations; providing requirements for such evaluations and
 2023  recommendations; providing additional criteria for a research
 2024  and development facility; deleting qualifying criteria for
 2025  alternative and renewable energy projects; creating additional
 2026  evaluation criteria for alternative and renewable energy
 2027  projects; requiring that the Executive Office of the Governor
 2028  release funds upon review and approval of an award by the
 2029  Legislative Budget Commission; requiring the Office of Tourism,
 2030  Trade, and Economic Development and the recipient of an award to
 2031  enter into a contract setting forth conditions for the payment
 2032  of incentive funds; requiring that such agreement include
 2033  certain provisions; requiring that agreements signed after a
 2034  specified date contain certain additional provisions; requiring
 2035  that Enterprise Florida, Inc., submit a report containing
 2036  certain information within a specified period after the
 2037  conclusion of such agreement to the Governor, the President of
 2038  the Senate, and the Speaker of the House of Representatives;
 2039  requiring that each recipient of an award comply with certain
 2040  business ethics standards developed by Enterprise Florida, Inc.;
 2041  deleting provisions authorizing Enterprise Florida, Inc., to
 2042  collaborate with the State University System in reviewing and
 2043  evaluating business ethics standards; requiring that the office
 2044  submit to the Governor, the President of the Senate, and the
 2045  Speaker of the House of Representatives a report containing
 2046  certain information; specifying a date on which the office shall
 2047  begin submitting such reports; requiring that the Office of
 2048  Program Policy Analysis and Government Accountability and the
 2049  Office of the Auditor General submit a report; requiring that
 2050  such reports be submitted at specified intervals; requiring that
 2051  such reports include certain information; authorizing the office
 2052  to seek the assistance of certain government entities for
 2053  certain purposes; amending s. 166.231, F.S.; revising industry
 2054  code designations; providing a definition; amending s. 212.05,
 2055  F.S.; extending the time nonresident purchasers have to remove a
 2056  boat from the state after purchase; providing for an extension
 2057  decal to be issued by a dealer; imposing a decal cost; revising
 2058  industry code designations; amending s. 212.097, F.S.;
 2059  specifying a review and certification requirement for the urban
 2060  high crime area job tax credit applications; amending s.
 2061  212.098, F.S.; revising the definition for “qualified area”;
 2062  amending s. 213.053, F.S.; granting the Office of Tourism,
 2063  Trade, and Economic Development access to certain confidential
 2064  and exempt records held by the Department of Revenue and related
 2065  to certain tax incentive and tax refund programs; amending s.
 2066  220.15, F.S.; revising industry code designations; providing a
 2067  definition; amending s. 220.191, F.S.; specifying a review and
 2068  certification requirement for capital investment tax credit
 2069  applications; creating s. 288.061, F.S.; providing requirements
 2070  and procedures for an economic development incentive application
 2071  process; providing time periods and requirements for
 2072  certification for economic development incentive applications;
 2073  providing duties and responsibilities of Enterprise Florida,
 2074  Inc., and the Office of Tourism, Trade, and Economic
 2075  Development; amending s. 288.063, F.S.; revising required
 2076  criteria for review and certification of transportation projects
 2077  by the Office of Tourism, Trade, and Economic Development;
 2078  amending s. 288.065, F.S.; revising county population criteria
 2079  for loans from the Rural Community Development Revolving Loan
 2080  Fund; amending s. 288.0655, F.S.; authorizing the Office of
 2081  Tourism, Trade, and Economic Development to award grants for a
 2082  certain percentage of total infrastructure project costs for
 2083  certain catalyst site funding applications; expanding eligible
 2084  facilities for authorized infrastructure projects; providing for
 2085  waiver of the local matching requirement; specifying a review
 2086  and certification requirement for the office for certain Rural
 2087  Infrastructure Fund grant applications; amending s. 288.0656,
 2088  F.S.; providing legislative intent; revising and providing
 2089  definitions; providing additional review and action requirements
 2090  for the Rural Economic Development Initiative relating to rural
 2091  communities; revising representation on the initiative; deleting
 2092  a limitation on characterization as a rural area of critical
 2093  economic concern; authorizing rural areas of critical economic
 2094  concern to designate certain catalyst projects for certain
 2095  purposes; providing project requirements; revising certain
 2096  reporting requirements for the initiative; amending s.
 2097  288.06561, F.S., conforming cross-references; amending s.
 2098  288.0657, F.S.; revising the definition of the term “rural
 2099  community”; amending s. 288.1045, F.S.; revising provisions
 2100  relating to the application and refund process for the qualified
 2101  defense contractor tax refund program; specifying a review and
 2102  certification requirement for program refunds; revising the cap
 2103  on refunds per applicant; deleting a report requirement;
 2104  amending s. 288.106, F.S.; revising certain definitions;
 2105  revising industry code designation requirements for certain
 2106  activities under the tax refund program for qualified target
 2107  industry businesses; revising program application and approval
 2108  process provisions; specifying a review and certification
 2109  requirement for program applications; revising tax refund
 2110  agreement requirements; revising an economic-stimulus exemption
 2111  request provision; extending a final date for exemption
 2112  requests; extending a certification expiration provision;
 2113  amending s. 288.107, F.S.; revising a definition; revising
 2114  criteria for participation in brownfield redevelopment bonus
 2115  refunds; specifying a review and certification requirement for
 2116  brownfield redevelopment bonus refund applications; amending s.
 2117  288.108, F.S.; specifying a review and certification requirement
 2118  for applications for high-impact business performance grants;
 2119  deleting certain final order and report requirements; amending
 2120  s. 288.1088, F.S.; specifying a review requirement for Quick
 2121  Action Closing Fund project applications; providing a time
 2122  period for the director to recommend approval or disapproval of
 2123  a project for receipt of funds from the Quick Action Closing
 2124  Fund; amending ss. 257.193, 288.019, and 627.6699, F.S.;
 2125  conforming cross-references; amending s. 288.9015, F.S.;
 2126  specifying that Enterprise Florida, Inc., is responsible for
 2127  responding to inquiries related to the state’s business
 2128  incentives and opportunities; amending s. 288.9622, F.S.;
 2129  expanding the types of investments that may be made by the
 2130  Florida Opportunity Fund; amending s. 288.9624, F.S.; providing
 2131  a limitation on how the originally appropriated funds may be
 2132  invested; allowing the Florida Opportunity Fund to form or
 2133  create other entities for investment purposes; revising a
 2134  reporting requirement; amending s. 443.1715, F.S.; allowing
 2135  disclosure of certain confidential unemployment compensation
 2136  data to the Office of Tourism, Trade, and Economic Development;
 2137  providing an effective date.