CS/CS/HB 7031

1	A bill to be entitled
2	An act relating to economic development; amending s.
3	11.905, F.S.; revising the schedule for reviewing state
4	agencies and advisory committees; adding the Office of
5	Tourism, Trade, and Economic Development and certain
6	partners and offices of such office to the list of
7	agencies to be reviewed by July 1, 2010; revising the date
8	by which the office must submit an agency report to the
9	Legislature; amending ss. 166.231 and 220.15, F.S.;
10	revising industry code designations; providing a
11	definition; amending s. 212.05, F.S.; extending the time
12	for nonresident purchasers to remove a boat from the
13	state; revising industry code designations; amending s.
14	212.097, F.S.; revising review and certification
15	requirements for Urban High-Crime Area Job Tax Credit
16	Program applications; amending s. 212.098, F.S.; revising
17	definitions of the terms "qualified employee" and
18	qualified area"; amending s. 220.191, F.S.; specifying a
19	review and certification requirement for capital
20	investment tax credit applications; creating s. 288.061,
21	F.S.; providing requirements and procedures for an
22	economic development incentive application process;
23	providing time periods and requirements for certification
24	for economic development incentive applications; providing
25	duties and responsibilities of Enterprise Florida, Inc.,
26	and the Office of Tourism, Trade, and Economic
27	Development; amending s. 288.063, F.S.; revising required
28	criteria for review and certification of transportation
29	projects by the Office of Tourism, Trade, and Economic
30	Development; amending s. 288.065, F.S.; revising county
31	population criteria for loans from the Rural Community
32	Development Revolving Loan Fund; amending s. 288.0655,
33	F.S.; authorizing the Office of Tourism, Trade, and
34	Economic Development to award grants for a certain
35	percentage of total infrastructure project costs for
36	certain catalyst site funding applications; expanding
37	eligible facilities for authorized infrastructure
38	projects; providing for waiver of the local matching
39	requirement; specifying a review and certification
40	requirement for the office for certain Rural
41	Infrastructure Fund grant applications; amending s.
42	288.0656, F.S.; providing legislative intent; revising and
43	providing definitions; providing additional review and
44	action requirements for the Rural Economic Development
45	Initiative relating to rural communities; revising
46	representation on the initiative; deleting a limitation on
47	characterization as a rural area of critical economic
48	concern; authorizing rural areas of critical economic
49	concern to designate certain catalyst projects for certain
50	purposes; providing project requirements; requiring the
51	initiative to assist local governments with certain
52	comprehensive planning needs; providing procedures and
53	requirements for such assistance; revising certain
54	reporting requirements for the initiative; amending s.
55	288.06561, F.S., conforming cross-references; amending s.
56	288.0657, F.S.; revising the definition of the term "rural
57	community"; amending s. 288.1045, F.S.; revising
58	provisions relating to the application and refund process
59	for the qualified defense contractor tax refund program;
60	specifying a review and certification requirement for
61	program refunds; revising the cap on refunds per
62	applicant; deleting a report requirement; amending s.
63	288.106, F.S.; revising and providing definitions;
64	including targeted industry zones under the tax refund
65	program for qualified target industry businesses; revising
66	industry code designation requirements for the program;
67	revising program application and approval process
68	provisions; specifying a review and certification
69	requirement for program applications; revising tax refund
70	agreement requirements; revising an economic-stimulus
71	exemption request provision; extending a final date for
72	exemption requests; extending a certification expiration
73	provision; amending s. 288.107, F.S.; revising criteria
74	for businesses eligible for brownfield redevelopment bonus
75	refunds; providing an additional criterion for
76	participation in brownfield redevelopment bonus refunds;
77	specifying a review and certification requirement for
78	brownfield redevelopment bonus refund applications;
79	amending s. 288.108, F.S.; specifying a review and
80	certification requirement for applications for high-impact
81	business performance grants; deleting certain final order
82	and report requirements; amending s. 288.1088, F.S.;
83	specifying a review requirement for Quick Action Closing
84	Fund project applications; providing a time period for the
85	director to recommend approval or disapproval of a project
86	for receipt of funds from the Quick Action Closing Fund;
87	amending s. 288.1089, F.S.; including alternative and
88	renewable energy projects under the Innovation Incentive
89	Program; revising and providing definitions; revising
90	applicant review and qualification criteria; authorizing
91	reduction or waiver of certain matching requirements in
92	certain areas; revising Enterprise Florida, Inc., proposal
93	evaluation requirements; specifying additional evaluation
94	criteria for alternative and renewable energy proposals;
95	deleting an evaluation and recommendation requirement for
96	the Florida Energy and Climate Commission for certain
97	proposals; revising requirements and criteria for
98	agreements to award and receive incentive funds; providing
99	additional agreement requirements; revising award
100	performance reporting requirements; requiring award
101	recipients to comply with certain business ethics
102	standards; requiring the Office of Tourism, Trade, and
103	Economic Development to submit annual reports to the
104	Governor and Legislature on program grant recipients'
105	activities; requiring the Office of Program Policy
106	Analysis and Government Accountability to submit triennial
107	reports evaluating the program; creating s. 288.10895,
108	F.S.; providing requirements and procedures for and
109	limitations on transfers of economic development
110	incentives; providing definitions; providing for the
111	amount of the incentive that may be transferred; providing
112	conditions for use of transferred incentives; providing a
113	limitation on the number of transfers; providing
114	eligibility of transfers; providing for recovery of
115	transfers under certain circumstances; providing certain
116	agency rulemaking authority; amending s. 288.9622, F.S.;
117	revising legislative intent for the Florida Capital
118	Formation Act; amending s. 288.9624, F.S.; expanding the
119	types of investments that may be made by the Florida
120	Opportunity Fund; providing a limitation on the funds that
121	may be used in making investments; establishing authority
122	for certain actions to be taken to use public and private
123	funds; revising a report requirement; amending s. 380.06,
124	F.S.; exempting certain nonresidential developments and
125	catalyst sites from development of regional impact
126	requirements under certain circumstances; amending ss.
127	257.193, 288.019, and 627.6699, F.S.; conforming cross-
128	references; providing an effective date.
129
130	Be It Enacted by the Legislature of the State of Florida:
131
132	Section 1.  Paragraph (e) is added to subsection (2) of
133	section 11.905, Florida Statutes, to read:
134	11.905  Schedule for reviewing state agencies and advisory
135	committees.--The following state agencies, including their
136	advisory committees, or the following advisory committees of
137	agencies shall be reviewed according to the following schedule:
138	(2)  Reviewed by July 1, 2010:
139	(e)  Office of Tourism, Trade, and Economic Development,
140	including all of its contracted public-private partners and any
141	offices created by law within the office. Notwithstanding any
142	other provision of law, the office shall provide the report
143	required under s. 11.906 by October 1, 2009.
144
145	Upon completion of this cycle, each agency shall again be
146	subject to sunset review 10 years after its initial review.
147	Section 2.  Subsection (6) of section 166.231, Florida
148	Statutes, is amended to read:
149	166.231  Municipalities; public service tax.--
150	(6)  A municipality may exempt from the tax imposed by this
151	section any amount up to, and including, the total amount of
152	electricity, metered natural gas, liquefied petroleum gas either
153	metered or bottled, or manufactured gas either metered or
154	bottled purchased per month, or reduce the rate of taxation on
155	the purchase of such electricity or gas when purchased by an
156	industrial consumer which uses the electricity or gas directly
157	in industrial manufacturing, processing, compounding, or a
158	production process, at a fixed location in the municipality, of
159	items of tangible personal property for sale. The municipality
160	shall establish the requirements for qualification for this
161	exemption in the manner prescribed by ordinance. Possession by a
162	seller of a written certification by the purchaser, certifying
163	the purchaser's entitlement to an exemption permitted by this
164	subsection, relieves the seller from the responsibility of
165	collecting the tax on the nontaxable amounts, and the
166	municipality shall look solely to the purchaser for recovery of
167	such tax if it determines that the purchaser was not entitled to
168	the exemption. Any municipality granting an exemption pursuant
169	to this subsection shall grant the exemption to all companies
170	classified in the same five-digit NAICS SIC Industry Major Group
171	Number. As used in this subsection, "NAICS" means those
172	classifications contained in the North American Industry
173	Classification System, as published in 2007 by the Office of
174	Management and Budget, Executive Office of the President.
175	Section 3.  Paragraphs (a) and (i) of subsection (1) of
176	section 212.05, Florida Statutes, are amended to read:
177	212.05  Sales, storage, use tax.--It is hereby declared to
178	be the legislative intent that every person is exercising a
179	taxable privilege who engages in the business of selling
180	tangible personal property at retail in this state, including
181	the business of making mail order sales, or who rents or
182	furnishes any of the things or services taxable under this
183	chapter, or who stores for use or consumption in this state any
184	item or article of tangible personal property as defined herein
185	and who leases or rents such property within the state.
186	(1)  For the exercise of such privilege, a tax is levied on
187	each taxable transaction or incident, which tax is due and
188	payable as follows:
189	(a)1.a.  At the rate of 6 percent of the sales price of
190	each item or article of tangible personal property when sold at
191	retail in this state, computed on each taxable sale for the
192	purpose of remitting the amount of tax due the state, and
193	including each and every retail sale.
194	b.  Each occasional or isolated sale of an aircraft, boat,
195	mobile home, or motor vehicle of a class or type which is
196	required to be registered, licensed, titled, or documented in
197	this state or by the United States Government shall be subject
198	to tax at the rate provided in this paragraph. The department
199	shall by rule adopt any nationally recognized publication for
200	valuation of used motor vehicles as the reference price list for
201	any used motor vehicle which is required to be licensed pursuant
202	to s. 320.08(1), (2), (3)(a), (b), (c), or (e), or (9). If any
203	party to an occasional or isolated sale of such a vehicle
204	reports to the tax collector a sales price which is less than 80
205	percent of the average loan price for the specified model and
206	year of such vehicle as listed in the most recent reference
207	price list, the tax levied under this paragraph shall be
208	computed by the department on such average loan price unless the
209	parties to the sale have provided to the tax collector an
210	affidavit signed by each party, or other substantial proof,
211	stating the actual sales price. Any party to such sale who
212	reports a sales price less than the actual sales price is guilty
213	of a misdemeanor of the first degree, punishable as provided in
214	s. 775.082 or s. 775.083. The department shall collect or
215	attempt to collect from such party any delinquent sales taxes.
216	In addition, such party shall pay any tax due and any penalty
217	and interest assessed plus a penalty equal to twice the amount
218	of the additional tax owed. Notwithstanding any other provision
219	of law, the Department of Revenue may waive or compromise any
220	penalty imposed pursuant to this subparagraph.
221	2.  This paragraph does not apply to the sale of a boat or
222	aircraft by or through a registered dealer under this chapter to
223	a purchaser who, at the time of taking delivery, is a
224	nonresident of this state, does not make his or her permanent
225	place of abode in this state, and is not engaged in carrying on
226	in this state any employment, trade, business, or profession in
227	which the boat or aircraft will be used in this state, or is a
228	corporation none of the officers or directors of which is a
229	resident of, or makes his or her permanent place of abode in,
230	this state, or is a noncorporate entity that has no individual
231	vested with authority to participate in the management,
232	direction, or control of the entity's affairs who is a resident
233	of, or makes his or her permanent abode in, this state. For
234	purposes of this exemption, either a registered dealer acting on
235	his or her own behalf as seller, a registered dealer acting as
236	broker on behalf of a seller, or a registered dealer acting as
237	broker on behalf of the purchaser may be deemed to be the
238	selling dealer. This exemption shall not be allowed unless:
239	a.  The purchaser removes a qualifying boat, as described
240	in sub-subparagraph f., from the state within 180 90 days after
241	the date of purchase or the purchaser removes a nonqualifying
242	boat or an aircraft from this state within 10 days after the
243	date of purchase or, when the boat or aircraft is repaired or
244	altered, within 20 days after completion of the repairs or
245	alterations;
246	b.  The purchaser, within 30 days from the date of
247	departure, shall provide the department with written proof that
248	the purchaser licensed, registered, titled, or documented the
249	boat or aircraft outside the state. If such written proof is
250	unavailable, within 30 days the purchaser shall provide proof
251	that the purchaser applied for such license, title,
252	registration, or documentation. The purchaser shall forward to
253	the department proof of title, license, registration, or
254	documentation upon receipt.
255	c.  The purchaser, within 10 days of removing the boat or
256	aircraft from Florida, shall furnish the department with proof
257	of removal in the form of receipts for fuel, dockage, slippage,
258	tie-down, or hangaring from outside of Florida. The information
259	so provided must clearly and specifically identify the boat or
260	aircraft;
261	d.  The selling dealer, within 5 days of the date of sale,
262	shall provide to the department a copy of the sales invoice,
263	closing statement, bills of sale, and the original affidavit
264	signed by the purchaser attesting that he or she has read the
265	provisions of this section;
266	e.  The seller makes a copy of the affidavit a part of his
267	or her record for as long as required by s. 213.35; and
268	f.  Unless the nonresident purchaser of a boat of 5 net
269	tons of admeasurement or larger intends to remove the boat from
270	this state within 10 days after the date of purchase or when the
271	boat is repaired or altered, within 20 days after completion of
272	the repairs or alterations, the nonresident purchaser shall
273	apply to the selling dealer for a decal which authorizes 180 90
274	days after the date of purchase for removal of the boat. The
275	department is authorized to issue decals in advance to dealers.
276	The number of decals issued in advance to a dealer shall be
277	consistent with the volume of the dealer's past sales of boats
278	which qualify under this sub-subparagraph. The selling dealer or
279	his or her agent shall mark and affix the decals to qualifying
280	boats in the manner prescribed by the department, prior to
281	delivery of the boat.
282	(I)  The department is hereby authorized to charge dealers
283	a fee sufficient to recover the costs of decals issued.
284	(II)  The proceeds from the sale of decals will be
285	deposited into the administrative trust fund.
286	(III)  Decals shall display information to identify the
287	boat as a qualifying boat under this sub-subparagraph,
288	including, but not limited to, the decal's date of expiration.
289	(IV)  The department is authorized to require dealers who
290	purchase decals to file reports with the department and may
291	prescribe all necessary records by rule. All such records are
292	subject to inspection by the department.
293	(V)  Any dealer or his or her agent who issues a decal
294	falsely, fails to affix a decal, mismarks the expiration date of
295	a decal, or fails to properly account for decals will be
296	considered prima facie to have committed a fraudulent act to
297	evade the tax and will be liable for payment of the tax plus a
298	mandatory penalty of 200 percent of the tax, and shall be liable
299	for fine and punishment as provided by law for a conviction of a
300	misdemeanor of the first degree, as provided in s. 775.082 or s.
301	775.083.
302	(VI)  Any nonresident purchaser of a boat who removes a
303	decal prior to permanently removing the boat from the state, or
304	defaces, changes, modifies, or alters a decal in a manner
305	affecting its expiration date prior to its expiration, or who
306	causes or allows the same to be done by another, will be
307	considered prima facie to have committed a fraudulent act to
308	evade the tax and will be liable for payment of the tax plus a
309	mandatory penalty of 200 percent of the tax, and shall be liable
310	for fine and punishment as provided by law for a conviction of a
311	misdemeanor of the first degree, as provided in s. 775.082 or s.
312	775.083.
313	(VII)  The department is authorized to adopt rules
314	necessary to administer and enforce this subparagraph and to
315	publish the necessary forms and instructions.
316	(VIII)  The department is hereby authorized to adopt
317	emergency rules pursuant to s. 120.54(4) to administer and
318	enforce the provisions of this subparagraph.
319
320	If the purchaser fails to remove the qualifying boat from this
321	state within 180 90 days after purchase or a nonqualifying boat
322	or an aircraft from this state within 10 days after purchase or,
323	when the boat or aircraft is repaired or altered, within 20 days
324	after completion of such repairs or alterations, or permits the
325	boat or aircraft to return to this state within 6 months from
326	the date of departure, or if the purchaser fails to furnish the
327	department with any of the documentation required by this
328	subparagraph within the prescribed time period, the purchaser
329	shall be liable for use tax on the cost price of the boat or
330	aircraft and, in addition thereto, payment of a penalty to the
331	Department of Revenue equal to the tax payable. This penalty
332	shall be in lieu of the penalty imposed by s. 212.12(2) and is
333	mandatory and shall not be waived by the department. The 180-day
334	90-day period following the sale of a qualifying boat tax-exempt
335	to a nonresident may not be tolled for any reason.
336	Notwithstanding other provisions of this paragraph to the
337	contrary, an aircraft purchased in this state under the
338	provisions of this paragraph may be returned to this state for
339	repairs within 6 months after the date of its departure without
340	being in violation of the law and without incurring liability
341	for the payment of tax or penalty on the purchase price of the
342	aircraft if the aircraft is removed from this state within 20
343	days after the completion of the repairs and if such removal can
344	be demonstrated by invoices for fuel, tie-down, hangar charges
345	issued by out-of-state vendors or suppliers, or similar
346	documentation.
347	(i)1.  At the rate of 6 percent on charges for all:
348	a.  Detective, burglar protection, and other protection
349	services (NAICS National SIC Industry Numbers 561611, 561612,
350	561613, 7381 and 561621 7382). Any law enforcement officer, as
351	defined in s. 943.10, who is performing approved duties as
352	determined by his or her local law enforcement agency in his or
353	her capacity as a law enforcement officer, and who is subject to
354	the direct and immediate command of his or her law enforcement
355	agency, and in the law enforcement officer's uniform as
356	authorized by his or her law enforcement agency, is performing
357	law enforcement and public safety services and is not performing
358	detective, burglar protection, or other protective services, if
359	the law enforcement officer is performing his or her approved
360	duties in a geographical area in which the law enforcement
361	officer has arrest jurisdiction. Such law enforcement and public
362	safety services are not subject to tax irrespective of whether
363	the duty is characterized as "extra duty," "off-duty," or
364	"secondary employment," and irrespective of whether the officer
365	is paid directly or through the officer's agency by an outside
366	source. The term "law enforcement officer" includes full-time or
367	part-time law enforcement officers, and any auxiliary law
368	enforcement officer, when such auxiliary law enforcement officer
369	is working under the direct supervision of a full-time or part-
370	time law enforcement officer.
371	b.  Nonresidential cleaning and nonresidential pest control
372	services (NAICS National Numbers 561710 and 561720 SIC Industry
373	Group Number 734).
374	2.  As used in this paragraph, "NAICS SIC" means those
375	classifications contained in the North American Industry
376	Standard Industrial Classification System Manual, 1987, as
377	published in 2007 by the Office of Management and Budget,
378	Executive Office of the President.
379	3.  Charges for detective, burglar protection, and other
380	protection security services performed in this state but used
381	outside this state are exempt from taxation. Charges for
382	detective, burglar protection, and other protection security
383	services performed outside this state and used in this state are
384	subject to tax.
385	4.  If a transaction involves both the sale or use of a
386	service taxable under this paragraph and the sale or use of a
387	service or any other item not taxable under this chapter, the
388	consideration paid must be separately identified and stated with
389	respect to the taxable and exempt portions of the transaction or
390	the entire transaction shall be presumed taxable. The burden
391	shall be on the seller of the service or the purchaser of the
392	service, whichever applicable, to overcome this presumption by
393	providing documentary evidence as to which portion of the
394	transaction is exempt from tax. The department is authorized to
395	adjust the amount of consideration identified as the taxable and
396	exempt portions of the transaction; however, a determination
397	that the taxable and exempt portions are inaccurately stated and
398	that the adjustment is applicable must be supported by
399	substantial competent evidence.
400	5.  Each seller of services subject to sales tax pursuant
401	to this paragraph shall maintain a monthly log showing each
402	transaction for which sales tax was not collected because the
403	services meet the requirements of subparagraph 3. for out-of-
404	state use. The log must identify the purchaser's name, location
405	and mailing address, and federal employer identification number,
406	if a business, or the social security number, if an individual,
407	the service sold, the price of the service, the date of sale,
408	the reason for the exemption, and the sales invoice number. The
409	monthly log shall be maintained pursuant to the same
410	requirements and subject to the same penalties imposed for the
411	keeping of similar records pursuant to this chapter.
412	Section 4.  Paragraph (b) of subsection (10) of section
413	212.097, Florida Statutes, is amended to read:
414	212.097  Urban High-Crime Area Job Tax Credit Program.--
415	(10)
416	(b)  Applications shall be reviewed and certified pursuant
417	to s. 288.061 Within 30 working days after receipt of an
418	application for credit, the Office of Tourism, Trade, and
419	Economic Development shall review the application to determine
420	whether it contains all the information required by this
421	subsection and meets the criteria set out in this section.
422	Subject to the provisions of paragraph (c), the Office of
423	Tourism, Trade, and Economic Development shall approve all
424	applications that contain the information required by this
425	subsection and meet the criteria set out in this section as
426	eligible to receive a credit.
427	Section 5.  Paragraphs (b) and (c) of subsection (1) of
428	section 212.098, Florida Statutes, are amended to read:
429	212.098  Rural Job Tax Credit Program.--
430	(1)  As used in this section, the term:
431	(b)  "Qualified employee" means any employee of an eligible
432	business who performs duties in connection with the operations
433	of the business on a regular, full-time basis for an average of
434	at least 36 hours per week for at least 3 months within the
435	qualified county in which the eligible business is located. The
436	term also includes an employee leased from an employee leasing
437	company licensed under chapter 468, if such employee has been
438	continuously leased to the employer for an average of at least
439	36 hours per week for more than 6 months. An owner or partner of
440	the eligible business is not a qualified employee. For a county
441	with a population density of no more than 550 persons per square
442	mile that is contiguous to either Alabama or Georgia and that
443	does not contain the state capital, the term "qualified
444	employee" means any employee of an eligible business who
445	performs duties in connection with the operations of the
446	business on a regular, full-time basis for an average of at
447	least 36 hours per week for at least 3 months within the
448	qualified county in which the eligible business is located and
449	was hired on or after July 1, 2009.
450	(c)  "Qualified area" means any area that is contained
451	within a rural area of critical economic concern designated
452	under s. 288.0656, a county that has a population of fewer than
453	75,000 persons, a or any county that has a population of 125,000
454	100,000 or less and is contiguous to a county that has a
455	population of less than 75,000, or a county with a population
456	density of no more than 550 persons per square mile that is
457	contiguous to either Alabama or Georgia and that does not
458	contain the state capital selected in the following manner:
459	every third year, the Office of Tourism, Trade, and Economic
460	Development shall rank and tier the state's counties according
461	to the following four factors:
462	1.  Highest unemployment rate for the most recent 36-month
463	period.
464	2.  Lowest per capita income for the most recent 36-month
465	period.
466	3.  Highest percentage of residents whose incomes are below
467	the poverty level, based upon the most recent data available.
468	4.  Average weekly manufacturing wage, based upon the most
469	recent data available.
470	Section 6.  Paragraph (b) of subsection (5) of section
471	220.15, Florida Statutes, is amended to read:
472	220.15  Apportionment of adjusted federal income.--
473	(5)  The sales factor is a fraction the numerator of which
474	is the total sales of the taxpayer in this state during the
475	taxable year or period and the denominator of which is the total
476	sales of the taxpayer everywhere during the taxable year or
477	period.
478	(b)1.  Sales of tangible personal property occur in this
479	state if the property is delivered or shipped to a purchaser
480	within this state, regardless of the f.o.b. point, other
481	conditions of the sale, or ultimate destination of the property,
482	unless shipment is made via a common or contract carrier.
483	However, for industries in NAICS National SIC Industry Number
484	311411 2037, if the ultimate destination of the product is to a
485	location outside this state, regardless of the method of
486	shipment or f.o.b. point, the sale shall not be deemed to occur
487	in this state. As used in this paragraph, "NAICS" means those
488	classifications contained in the North American Industry
489	Classification System, as published in 2007 by the Office of
490	Management and Budget, Executive Office of the President.
491	2.  When citrus fruit is delivered by a cooperative for a
492	grower-member, by a grower-member to a cooperative, or by a
493	grower-participant to a Florida processor, the sales factor for
494	the growers for such citrus fruit delivered to such processor
495	shall be the same as the sales factor for the most recent
496	taxable year of that processor. That sales factor, expressed
497	only as a percentage and not in terms of the dollar volume of
498	sales, so as to protect the confidentiality of the sales of the
499	processor, shall be furnished on the request of such a grower
500	promptly after it has been determined for that taxable year.
501	3.  Reimbursement of expenses under an agency contract
502	between a cooperative, a grower-member of a cooperative, or a
503	grower and a processor is not a sale within this state.
504	Section 7.  Subsection (5) of section 220.191, Florida
505	Statutes, is amended to read:
506	220.191  Capital investment tax credit.--
507	(5)  Applications shall be reviewed and certified pursuant
508	to s. 288.061. The office, upon a recommendation by Enterprise
509	Florida, Inc., shall first certify a business as eligible to
510	receive tax credits pursuant to this section prior to the
511	commencement of operations of a qualifying project, and such
512	certification shall be transmitted to the Department of Revenue.
513	Upon receipt of the certification, the Department of Revenue
514	shall enter into a written agreement with the qualifying
515	business specifying, at a minimum, the method by which income
516	generated by or arising out of the qualifying project will be
517	determined.
518	Section 8.  Section 288.061, Florida Statutes, is created
519	to read:
520	288.061  Economic development incentive application
521	process.--
522	(1)  Within 10 business days after receiving a submitted
523	economic development incentive application, Enterprise Florida,
524	Inc., shall review the application and inform the applicant
525	business whether or not its application is complete. Within 10
526	business days after the application is deemed complete,
527	Enterprise Florida, Inc., shall evaluate the application and
528	recommend approval or disapproval of the application to the
529	director of the Office of Tourism, Trade, and Economic
530	Development. In recommending an applicant business for approval,
531	Enterprise Florida, Inc., shall include in its evaluation a
532	recommended grant award amount and a review of the applicant's
533	ability to meet specific program criteria.
534	(2)  Within 10 calendar days after the Office of Tourism,
535	Trade, and Economic Development receives the evaluation and
536	recommendation from Enterprise Florida, Inc., the office shall
537	notify Enterprise Florida, Inc., whether or not the application
538	is reviewable. Within 22 calendar days after the office receives
539	the recommendation from Enterprise Florida, Inc., the director
540	of the office shall review the application and issue a letter of
541	certification to the applicant that approves or disapproves an
542	applicant business and includes a justification of that
543	decision, unless the business requests an extension of that
544	time. The letter shall specify the total amount of the award,
545	the performance conditions that must be met to obtain the award,
546	and the schedule for payment.
547	Section 9.  Subsection (4) of section 288.063, Florida
548	Statutes, is amended to read:
549	288.063  Contracts for transportation projects.--
550	(4)  The Office of Tourism, Trade, and Economic Development
551	may adopt criteria by which transportation projects are to be
552	reviewed and certified in accordance with s. 288.061 specified
553	and identified. In approving transportation projects for
554	funding, the Office of Tourism, Trade, and Economic Development
555	shall consider factors including, but not limited to, the cost
556	per job created or retained considering the amount of
557	transportation funds requested; the average hourly rate of wages
558	for jobs created; the reliance on the program as an inducement
559	for the project's location decision; the amount of capital
560	investment to be made by the business; the demonstrated local
561	commitment; the location of the project in an enterprise zone
562	designated pursuant to s. 290.0055; the location of the project
563	in a spaceport territory as defined in s. 331.304; the
564	unemployment rate of the surrounding area; the poverty rate of
565	the community; and the adoption of an economic element as part
566	of its local comprehensive plan in accordance with s.
567	163.3177(7)(j). The Office of Tourism, Trade, and Economic
568	Development may contact any agency it deems appropriate for
569	additional input regarding the approval of projects.
570	Section 10.  Subsection (2) of section 288.065, Florida
571	Statutes, is amended to read:
572	288.065  Rural Community Development Revolving Loan Fund.--
573	(2)  The program shall provide for long-term loans, loan
574	guarantees, and loan loss reserves to units of local
575	governments, or economic development organizations substantially
576	underwritten by a unit of local government, within counties with
577	populations of 75,000 or less, within or any county with that
578	has a population of 125,000 100,000 or less that and is
579	contiguous to a county with a population of 75,000 or less, or
580	within any county with a population density of no more than 550
581	persons per square mile that is contiguous to either Alabama or
582	Georgia and that does not contain the state capital based on as
583	determined by the most recent official population estimate as
584	determined under pursuant to s. 186.901, including those
585	residing in incorporated areas and those residing in
586	unincorporated areas of the county, or to units of local
587	government, or economic development organizations substantially
588	underwritten by a unit of local government, within a rural area
589	of critical economic concern. Requests for loans shall be made
590	by application to the Office of Tourism, Trade, and Economic
591	Development. Loans shall be made pursuant to agreements
592	specifying the terms and conditions agreed to between the
593	applicant and the Office of Tourism, Trade, and Economic
594	Development. The loans shall be the legal obligations of the
595	applicant. All repayments of principal and interest shall be
596	returned to the loan fund and made available for loans to other
597	applicants. However, in a rural area of critical economic
598	concern designated by the Governor, and upon approval by the
599	Office of Tourism, Trade, and Economic Development, repayments
600	of principal and interest may be retained by the applicant if
601	such repayments are dedicated and matched to fund regionally
602	based economic development organizations representing the rural
603	area of critical economic concern.
604	Section 11.  Paragraphs (b) and (e) of subsection (2) and
605	subsection (3) of section 288.0655, Florida Statutes, are
606	amended to read:
607	288.0655  Rural Infrastructure Fund.--
608	(2)
609	(b)  To facilitate access of rural communities and rural
610	areas of critical economic concern as defined by the Rural
611	Economic Development Initiative to infrastructure funding
612	programs of the Federal Government, such as those offered by the
613	United States Department of Agriculture and the United States
614	Department of Commerce, and state programs, including those
615	offered by Rural Economic Development Initiative agencies, and
616	to facilitate local government or private infrastructure funding
617	efforts, the office may award grants for up to 30 percent of the
618	total infrastructure project cost. If an application for funding
619	is for a catalyst site, as defined in s. 288.0656, the office
620	may award grants for up to 40 percent of the total
621	infrastructure project cost. Eligible projects must be related
622	to specific job-creation or job-retention opportunities.
623	Eligible projects may also include improving any inadequate
624	infrastructure that has resulted in regulatory action that
625	prohibits economic or community growth or reducing the costs to
626	community users of proposed infrastructure improvements that
627	exceed such costs in comparable communities. Eligible uses of
628	funds shall include improvements to public infrastructure for
629	industrial or commercial sites and upgrades to or development of
630	public tourism infrastructure. Authorized infrastructure may
631	include the following public or public-private partnership
632	facilities: storm water systems; telecommunications facilities;
633	broadband facilities; roads or other remedies to transportation
634	impediments; nature-based tourism facilities; or other physical
635	requirements necessary to facilitate tourism, trade, and
636	economic development activities in the community. Authorized
637	infrastructure may also include publicly or privately owned
638	self-powered nature-based tourism facilities,
639	telecommunications facilities, and broadband facilities and
640	additions to the distribution facilities of the existing natural
641	gas utility as defined in s. 366.04(3)(c), the existing electric
642	utility as defined in s. 366.02, or the existing water or
643	wastewater utility as defined in s. 367.021(12), or any other
644	existing water or wastewater facility, which owns a gas or
645	electric distribution system or a water or wastewater system in
646	this state where:
647	1.  A contribution-in-aid of construction is required to
648	serve public or public-private partnership facilities under the
649	tariffs of any natural gas, electric, water, or wastewater
650	utility as defined herein; and
651	2.  Such utilities as defined herein are willing and able
652	to provide such service.
653	(e)  To enable local governments to access the resources
654	available pursuant to s. 403.973(18), the office may award
655	grants for surveys, feasibility studies, and other activities
656	related to the identification and preclearance review of land
657	which is suitable for preclearance review. Authorized grants
658	under this paragraph shall not exceed $75,000 each, except in
659	the case of a project in a rural area of critical economic
660	concern, in which case the grant shall not exceed $300,000. Any
661	funds awarded under this paragraph must be matched at a level of
662	50 percent with local funds, except that any funds awarded for a
663	project in a rural area of critical economic concern must be
664	matched at a level of 33 percent with local funds. If an
665	application for funding is for a catalyst site, as defined in s.
666	288.0656, the requirement for local match may be waived. In
667	evaluating applications under this paragraph, the office shall
668	consider the extent to which the application seeks to minimize
669	administrative and consultant expenses.
670	(3)  The office, in consultation with Enterprise Florida,
671	Inc., VISIT Florida, the Department of Environmental Protection,
672	and the Florida Fish and Wildlife Conservation Commission, as
673	appropriate, shall review and certify applications pursuant to
674	s. 288.061. The review shall include an evaluation of and
675	evaluate the economic benefit of the projects and their long-
676	term viability. The office shall have final approval for any
677	grant under this section and must make a grant decision within
678	30 days of receiving a completed application.
679	Section 12.  Section 288.0656, Florida Statutes, is amended
680	to read:
681	288.0656  Rural Economic Development Initiative.--
682	(1)(a)  Recognizing that rural communities and regions
683	continue to face extraordinary challenges in their efforts to
684	significantly improve their economies, specifically in terms of
685	personal income, job creation, average wages, and strong tax
686	bases, it is the intent of the Legislature to encourage and
687	facilitate the location and expansion of major economic
688	development projects of significant scale in such rural
689	communities.
690	(b)  The Rural Economic Development Initiative, known as
691	"REDI," is created within the Office of Tourism, Trade, and
692	Economic Development, and the participation of state and
693	regional agencies in this initiative is authorized.
694	(2)  As used in this section, the term:
695	(a)  "Catalyst project" means a business locating or
696	expanding in a rural area of critical economic concern to serve
697	as an economic growth opportunity of regional significance for
698	the growth of a regional target industry cluster. The project
699	must provide capital investment on a scale significant enough to
700	affect the entire region and result in the development of high-
701	wage and high-skill jobs.
702	(b)  "Catalyst site" means a parcel or parcels of land
703	within a rural area of critical economic concern that has been
704	prioritized as a geographic site for economic development
705	through partnerships with state, regional, and local
706	organizations. The site must be reviewed by REDI and approved by
707	the Office of Tourism, Trade, and Economic Development for the
708	purposes of locating a catalyst project.
709	(c)(a)  "Economic distress" means conditions affecting the
710	fiscal and economic viability of a rural community, including
711	such factors as low per capita income, low per capita taxable
712	values, high unemployment, high underemployment, low weekly
713	earned wages compared to the state average, low housing values
714	compared to the state average, high percentages of the
715	population receiving public assistance, high poverty levels
716	compared to the state average, and a lack of year-round stable
717	employment opportunities.
718	(d)  "Rural area of critical economic concern" means a
719	rural community, or a region composed of rural communities,
720	designated by the Governor, that has been adversely affected by
721	an extraordinary economic event, severe or chronic distress, or
722	a natural disaster or that presents a unique economic
723	development opportunity of regional impact.
724	(e)(b)  "Rural community" means:
725	1.  A county with a population of 75,000 or less.
726	2.  A county with a population of 125,000 100,000 or less
727	that is contiguous to a county with a population of 75,000 or
728	less.
729	3.  A county with a population density of no more than 550
730	persons per square mile that is contiguous to either Alabama or
731	Georgia and that does not contain the state capital.
732	4.3.  A municipality within a county described in
733	subparagraph 1. or subparagraph 2.
734	5.4.  An unincorporated federal enterprise community or an
735	incorporated rural city with a population of 25,000 or less and
736	an employment base focused on traditional agricultural or
737	resource-based industries, located in a county not defined as
738	rural, which has at least three or more of the economic distress
739	factors identified in paragraph (c) (a) and verified by the
740	Office of Tourism, Trade, and Economic Development.
741
742	For purposes of this paragraph, population shall be determined
743	in accordance with the most recent official estimate pursuant to
744	s. 186.901.
745	(3)  REDI shall be responsible for coordinating and
746	focusing the efforts and resources of state and regional
747	agencies on the problems which affect the fiscal, economic, and
748	community viability of Florida's economically distressed rural
749	communities, working with local governments, community-based
750	organizations, and private organizations that have an interest
751	in the growth and development of these communities to find ways
752	to balance environmental and growth management issues with local
753	needs.
754	(4)  REDI shall review and evaluate the impact of statutes
755	and rules on rural communities and shall work to minimize any
756	adverse impact and undertake outreach and capacity building
757	efforts.
758	(5)  REDI shall facilitate better access to state resources
759	by promoting direct access and referrals to appropriate state
760	and regional agencies and statewide organizations. REDI may
761	undertake outreach, capacity-building, and other advocacy
762	efforts to improve conditions in rural communities. These
763	activities may include sponsorship of conferences and
764	achievement awards.
765	(6)(a)  By August 1 of each year, the head of each of the
766	following agencies and organizations shall designate a deputy
767	secretary or higher level high-level staff person from within
768	the agency or organization to serve as the REDI representative
769	for the agency or organization:
770	1.  The Department of Community Affairs.
771	2.  The Department of Transportation.
772	3.  The Department of Environmental Protection.
773	4.  The Department of Agriculture and Consumer Services.
774	5.  The Department of State.
775	6.  The Department of Health.
776	7.  The Department of Children and Family Services.
777	8.  The Department of Corrections.
778	9.  The Agency for Workforce Innovation.
779	10.  The Department of Education.
780	11.  The Department of Juvenile Justice.
781	12.  The Fish and Wildlife Conservation Commission.
782	13.  Each water management district.
783	14.  Enterprise Florida, Inc.
784	15.  Workforce Florida, Inc.
785	16.  The Florida Commission on Tourism or VISIT Florida.
786	17.  The Florida Regional Planning Council Association.
787	18.  The Agency for Health Care Administration Florida
788	State Rural Development Council.
789	19.  The Institute of Food and Agricultural Sciences
790	(IFAS).
791
792	An alternate for each designee shall also be chosen, and the
793	names of the designees and alternates shall be sent to the
794	director of the Office of Tourism, Trade, and Economic
795	Development.
796	(b)  Each REDI representative must have comprehensive
797	knowledge of his or her agency's functions, both regulatory and
798	service in nature, and of the state's economic goals, policies,
799	and programs. This person shall be the primary point of contact
800	for his or her agency with REDI on issues and projects relating
801	to economically distressed rural communities and with regard to
802	expediting project review, shall ensure a prompt effective
803	response to problems arising with regard to rural issues, and
804	shall work closely with the other REDI representatives in the
805	identification of opportunities for preferential awards of
806	program funds and allowances and waiver of program requirements
807	when necessary to encourage and facilitate long-term private
808	capital investment and job creation.
809	(c)  The REDI representatives shall work with REDI in the
810	review and evaluation of statutes and rules for adverse impact
811	on rural communities and the development of alternative
812	proposals to mitigate that impact.
813	(d)  Each REDI representative shall be responsible for
814	ensuring that each district office or facility of his or her
815	agency is informed about the Rural Economic Development
816	Initiative and for providing assistance throughout the agency in
817	the implementation of REDI activities.
818	(7)(a)  REDI may recommend to the Governor up to three
819	rural areas of critical economic concern. A rural area of
820	critical economic concern must be a rural community, or a region
821	composed of such, that has been adversely affected by an
822	extraordinary economic event or a natural disaster or that
823	presents a unique economic development opportunity of regional
824	impact that will create more than 1,000 jobs over a 5-year
825	period. The Governor may by executive order designate up to
826	three rural areas of critical economic concern which will
827	establish these areas as priority assignments for REDI as well
828	as to allow the Governor, acting through REDI, to waive
829	criteria, requirements, or similar provisions of any economic
830	development incentive. Such incentives shall include, but not be
831	limited to: the Qualified Target Industry Tax Refund Program
832	under s. 288.106, the Quick Response Training Program under s.
833	288.047, the Quick Response Training Program for participants in
834	the welfare transition program under s. 288.047(8),
835	transportation projects under s. 288.063, the brownfield
836	redevelopment bonus refund under s. 288.107, and the rural job
837	tax credit program under ss. 212.098 and 220.1895.
838	(b)  Designation as a rural area of critical economic
839	concern under this subsection shall be contingent upon the
840	execution of a memorandum of agreement among the Office of
841	Tourism, Trade, and Economic Development; the governing body of
842	the county; and the governing bodies of any municipalities to be
843	included within a rural area of critical economic concern. Such
844	agreement shall specify the terms and conditions of the
845	designation, including, but not limited to, the duties and
846	responsibilities of the county and any participating
847	municipalities to take actions designed to facilitate the
848	retention and expansion of existing businesses in the area, as
849	well as the recruitment of new businesses to the area.
850	(c)  Each rural area of critical economic concern may
851	designate catalyst projects, provided that each catalyst project
852	is specifically recommended by REDI, identified as a catalyst
853	project by Enterprise Florida, Inc., and confirmed as a catalyst
854	project by the Office of Tourism, Trade, and Economic
855	Development. All state agencies and departments shall use all
856	available tools and resources to the extent permissible by law
857	to promote the creation and development of each catalyst project
858	and the development of catalyst sites.
859	(8)  REDI shall assist local governments within rural areas
860	of critical economic concern with comprehensive planning needs
861	that further the provisions of this section. Such assistance
862	shall reflect a multidisciplinary approach among all agencies
863	and include economic development and planning objectives.
864	(a)  A local government may request assistance in the
865	preparation of comprehensive plan amendments, pursuant to part
866	II of chapter 163, that will stimulate economic activity.
867	1.  The local government must contact the Office of
868	Tourism, Trade, and Economic Development to request assistance.
869	2.  REDI representatives shall meet with the local
870	government within 15 days after such request to develop the
871	scope of assistance that will be provided for the development,
872	transmittal, and adoption of the proposed comprehensive plan
873	amendment.
874	3.  As part of the assistance provided, REDI
875	representatives shall also identify other needed local and
876	developer actions for approval of the project and recommend a
877	timeline for the local government and developer that will
878	minimize project delays.
879	(b)  In addition, each year REDI shall solicit requests for
880	assistance from local governments within a rural area of
881	critical economic concern to update the future land use element
882	and other associated elements of the local government's
883	comprehensive plan to better position the community to respond
884	to economic development potential within the county or
885	municipality. REDI shall provide direct assistance to such local
886	governments to update their comprehensive plans pursuant to this
887	paragraph. At least one comprehensive planning technical
888	assistance effort shall be selected each year.
889	(c)  REDI shall develop and annually update a technical
890	assistance manual based upon experiences learned in providing
891	direct assistance under this subsection.
892	(9)(8)  REDI shall submit a report to the Governor, the
893	President of the Senate, and the Speaker of the House of
894	Representatives each year on or before September February 1 on
895	all REDI activities for the prior fiscal year. This report shall
896	include a status report on all projects currently being
897	coordinated through REDI, the number of preferential awards and
898	allowances made pursuant to this section, the dollar amount of
899	such awards, and the names of the recipients. The report shall
900	also include a description of all waivers of program
901	requirements granted. The report shall also include information
902	as to the economic impact of the projects coordinated by REDI,
903	recommendations based upon the review and evaluation of laws and
904	rules having an adverse impact on rural communities, and
905	proposals to mitigate such adverse impacts.
906	Section 13.  Section 288.06561, Florida Statutes, is
907	amended to read:
908	288.06561  Reduction or waiver of financial match
909	requirements.--Notwithstanding any other law, the member
910	agencies and organizations of the Rural Economic Development
911	Initiative (REDI), as defined in s. 288.0656(6)(a), shall review
912	the financial match requirements for projects in rural areas as
913	defined in s. 288.0656(2)(b).
914	(1)  Each agency and organization shall develop a proposal
915	to waive or reduce the match requirement for rural areas.
916	(2)  Agencies and organizations shall ensure that all
917	proposals are submitted to the Office of Tourism, Trade, and
918	Economic Development for review by the REDI agencies.
919	(3)  These proposals shall be delivered to the Office of
920	Tourism, Trade, and Economic Development for distribution to the
921	REDI agencies and organizations. A meeting of REDI agencies and
922	organizations must be called within 30 days after receipt of
923	such proposals for REDI comment and recommendations on each
924	proposal.
925	(4)  Waivers and reductions must be requested by the county
926	or community, and such county or community must have three or
927	more of the factors identified in s. 288.0656(2)(c)(a).
928	(5)  Any other funds available to the project may be used
929	for financial match of federal programs when there is fiscal
930	hardship, and the match requirements may not be waived or
931	reduced.
932	(6)  When match requirements are not reduced or eliminated,
933	donations of land, though usually not recognized as an in-kind
934	match, may be permitted.
935	(7)  To the fullest extent possible, agencies and
936	organizations shall expedite the rule adoption and amendment
937	process if necessary to incorporate the reduction in match by
938	rural areas in fiscal distress.
939	(8)  REDI shall include in its annual report an evaluation
940	on the status of changes to rules, number of awards made with
941	waivers, and recommendations for future changes.
942	Section 14.  Subsection (1) of section 288.0657, Florida
943	Statutes, is amended to read:
944	288.0657  Florida rural economic development strategy
945	grants.--
946	(1)  As used in this section, the term "rural community"
947	means:
948	(a)  A county with a population of 75,000 or less.
949	(b)  A county with a population of 125,000 100,000 or less
950	that is contiguous to a county with a population of 75,000 or
951	less.
952	(c)  A county with a population density of no more than 550
953	persons per square mile that is contiguous to either Alabama or
954	Georgia and that does not contain the state capital.
955	(d)(c)  A municipality within a county described in
956	paragraph (a) or paragraph (b).
957
958	For purposes of this subsection, population shall be determined
959	in accordance with the most recent official estimate pursuant to
960	s. 186.901.
961	Section 15.  Paragraph (c) of subsection (2), paragraphs
962	(a), (e), (f), (g), (h), (i), (j), and (k) of subsection (3),
963	and paragraph (c) of subsection (5) of section 288.1045, Florida
964	Statutes, are amended to read:
965	288.1045  Qualified defense contractor and space flight
966	business tax refund program.--
967	(2)  GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.--
968	(c)  A qualified applicant may not receive more than $5
969	$7.5 million in tax refunds pursuant to this section in all
970	fiscal years.
971	(3)  APPLICATION PROCESS; REQUIREMENTS; AGENCY
972	DETERMINATION.--
973	(a)  To apply for certification as a qualified applicant
974	pursuant to this section, an applicant must file an application
975	with the office which satisfies the requirements of paragraphs
976	(b) and (e), paragraphs (c) and (e), paragraphs (d) and (e), or
977	paragraphs (e) and (j) (k). An applicant may not apply for
978	certification pursuant to this section after a proposal has been
979	submitted for a new Department of Defense contract, after the
980	applicant has made the decision to consolidate an existing
981	Department of Defense contract in this state for which such
982	applicant is seeking certification, after a proposal has been
983	submitted for a new space flight business contract in this
984	state, after the applicant has made the decision to consolidate
985	an existing space flight business contract in this state for
986	which such applicant is seeking certification, or after the
987	applicant has made the decision to convert defense production
988	jobs to nondefense production jobs for which such applicant is
989	seeking certification.
990	(e)  To qualify for review by the office, the application
991	of an applicant must, at a minimum, establish the following to
992	the satisfaction of the office:
993	1.  The jobs proposed to be provided under the application,
994	pursuant to subparagraph (b)6., subparagraph (c)6., or
995	subparagraph (j)(k)6., must pay an estimated annual average wage
996	equaling at least 115 percent of the average wage in the area
997	where the project is to be located.
998	2.  The consolidation of a Department of Defense contract
999	must result in a net increase of at least 25 percent in the
1000	number of jobs at the applicant's facilities in this state or
1001	the addition of at least 80 jobs at the applicant's facilities
1002	in this state.
1003	3.  The conversion of defense production jobs to nondefense
1004	production jobs must result in net increases in nondefense
1005	employment at the applicant's facilities in this state.
1006	4.  The Department of Defense contract or the space flight
1007	business contract cannot allow the business to include the costs
1008	of relocation or retooling in its base as allowable costs under
1009	a cost-plus, or similar, contract.
1010	5.  A business unit of the applicant must have derived not
1011	less than 60 percent of its gross receipts in this state from
1012	Department of Defense contracts or space flight business
1013	contracts over the applicant's last fiscal year, and must have
1014	derived not less than an average of 60 percent of its gross
1015	receipts in this state from Department of Defense contracts or
1016	space flight business contracts over the 5 years preceding the
1017	date an application is submitted pursuant to this section. This
1018	subparagraph does not apply to any application for certification
1019	based on a contract for reuse of a defense-related facility.
1020	6.  The reuse of a defense-related facility must result in
1021	the creation of at least 100 jobs at such facility.
1022	7.  A new space flight business contract or the
1023	consolidation of a space flight business contract must result in
1024	net increases in space flight business employment at the
1025	applicant's facilities in this state.
1026	(f)  Each application meeting the requirements of
1027	paragraphs (b) and (e), paragraphs (c) and (e), paragraphs (d)
1028	and (e), or paragraphs (e) and (j) (k) must be submitted to the
1029	office for a determination of eligibility. The office shall
1030	review and evaluate each application based on, but not limited
1031	to, the following criteria:
1032	1.  Expected contributions to the state strategic economic
1033	development plan adopted by Enterprise Florida, Inc., taking
1034	into account the extent to which the project contributes to the
1035	state's high-technology base, and the long-term impact of the
1036	project and the applicant on the state's economy.
1037	2.  The economic benefit of the jobs created or retained by
1038	the project in this state, taking into account the cost and
1039	average wage of each job created or retained, and the potential
1040	risk to existing jobs.
1041	3.  The amount of capital investment to be made by the
1042	applicant in this state.
1043	4.  The local commitment and support for the project and
1044	applicant.
1045	5.  The impact of the project on the local community,
1046	taking into account the unemployment rate for the county where
1047	the project will be located.
1048	6.  The dependence of the local community on the defense
1049	industry or space flight business.
1050	7.  The impact of any tax refunds granted pursuant to this
1051	section on the viability of the project and the probability that
1052	the project will occur in this state if such tax refunds are
1053	granted to the applicant, taking into account the expected long-
1054	term commitment of the applicant to economic growth and
1055	employment in this state.
1056	8.  The length of the project, or the expected long-term
1057	commitment to this state resulting from the project.
1058	(g)  Applications shall be reviewed and certified pursuant
1059	to s. 288.061. The office shall forward its written findings and
1060	evaluation on each application meeting the requirements of
1061	paragraphs (b) and (e), paragraphs (c) and (e), paragraphs (d)
1062	and (e), or paragraphs (e) and (k) to the director within 60
1063	calendar days after receipt of a complete application. The
1064	office shall notify each applicant when its application is
1065	complete, and when the 60-day period begins. In its written
1066	report to the director, the office shall specifically address
1067	each of the factors specified in paragraph (f), and shall make a
1068	specific assessment with respect to the minimum requirements
1069	established in paragraph (e). The office shall include in its
1070	report projections of the tax refunds the applicant would be
1071	eligible to receive in each fiscal year based on the creation
1072	and maintenance of the net new Florida jobs specified in
1073	subparagraph (b)6., subparagraph (c)6., subparagraph (d)7., or
1074	subparagraph (k)6. as of December 31 of the preceding state
1075	fiscal year.
1076	(h)  Within 30 days after receipt of the office's findings
1077	and evaluation, the director shall issue a letter of
1078	certification which either approves or disapproves an
1079	application. The decision must be in writing and provide the
1080	justifications for either approval or disapproval. If
1081	appropriate, the director shall enter into a written agreement
1082	with the qualified applicant pursuant to subsection (4).
1083	(h)(i)  The director may not certify any applicant as a
1084	qualified applicant when the value of tax refunds to be included
1085	in that letter of certification exceeds the available amount of
1086	authority to certify new businesses as determined in s.
1087	288.095(3). A letter of certification that approves an
1088	application must specify the maximum amount of a tax refund that
1089	is to be available to the contractor for each fiscal year and
1090	the total amount of tax refunds for all fiscal years.
1091	(i)(j)  This section does not create a presumption that an
1092	applicant should receive any tax refunds under this section.
1093	(j)(k)  Applications for certification based upon a new
1094	space flight business contract or the consolidation of a space
1095	flight business contract must be submitted to the office as
1096	prescribed by the office and must include, but are not limited
1097	to, the following information:
1098	1.  The applicant's federal employer identification number,
1099	the applicant's Florida sales tax registration number, and a
1100	signature of an officer of the applicant.
1101	2.  The permanent location of the space flight business
1102	facility in this state where the project is or will be located.
1103	3.  The new space flight business contract number, the
1104	space flight business contract numbers of the contract to be
1105	consolidated, or the request-for-proposal number of a proposed
1106	space flight business contract.
1107	4.  The date the contract was executed and the date the
1108	contract is due to expire, is expected to expire, or was
1109	canceled.
1110	5.  The commencement date for project operations under the
1111	contract in this state.
1112	6.  The number of net new full-time equivalent Florida jobs
1113	included in the project as of December 31 of each year and the
1114	average wage of such jobs.
1115	7.  The total number of full-time equivalent employees
1116	employed by the applicant in this state.
1117	8.  The percentage of the applicant's gross receipts
1118	derived from space flight business contracts during the 5
1119	taxable years immediately preceding the date the application is
1120	submitted.
1121	9.  The number of full-time equivalent jobs in this state
1122	to be retained by the project.
1123	10.  A brief statement concerning the applicant's need for
1124	tax refunds and the proposed uses of such refunds by the
1125	applicant.
1126	11.  A resolution adopted by the governing board of the
1127	county or municipality in which the project will be located
1128	which recommends the applicant be approved as a qualified
1129	applicant and indicates that the necessary commitments of local
1130	financial support for the applicant exist. Prior to the adoption
1131	of the resolution, the county commission may review the proposed
1132	public or private sources of such support and determine whether
1133	the proposed sources of local financial support can be provided
1134	or, for any applicant whose project is located in a county
1135	designated by the Rural Economic Development Initiative, a
1136	resolution adopted by the county commissioners of such county
1137	requesting that the applicant's project be exempt from the local
1138	financial support requirement.
1139	12.  Any additional information requested by the office.
1140	(5)  ANNUAL CLAIM FOR REFUND.--
1141	(c)  A tax refund may not be approved for any qualified
1142	applicant unless local financial support has been paid to the
1143	Economic Development Trust Fund for that refund. If the local
1144	financial support is less than 20 percent of the approved tax
1145	refund, the tax refund shall be reduced. The tax refund paid may
1146	not exceed 5 times the local financial support received. Funding
1147	from local sources includes tax abatement under s. 196.1995 or
1148	the appraised market value of municipal or county land,
1149	including any improvements or structures, conveyed or provided
1150	at a discount through a sale or lease to that applicant. The
1151	amount of any tax refund for an applicant approved under this
1152	section shall be reduced by the amount of any such tax abatement
1153	granted or the value of the land granted, including the value of
1154	any improvements or structures; and the limitations in
1155	subsection (2) and paragraph (3)(h) shall be reduced by the
1156	amount of any such tax abatement or the value of the land
1157	granted, including any improvements or structures. A report
1158	listing all sources of the local financial support shall be
1159	provided to the office when such support is paid to the Economic
1160	Development Trust Fund.
1161	Section 16.  Paragraphs (k) and (t) of subsection (1),
1162	paragraph (b) of subsection (2), subsection (3), paragraph (b)
1163	of subsection (4), paragraph (c) of subsection (5), and
1164	subsection (8) of section 288.106, Florida Statutes, are
1165	amended, and paragraph (v) is added to subsection (1) of that
1166	section, to read:
1167	288.106  Tax refund program for qualified target industry
1168	businesses.--
1169	(1)  DEFINITIONS.--As used in this section:
1170	(k)  "Local financial support exemption option" means the
1171	option to exercise an exemption from the local financial support
1172	requirement available to any applicant whose project is located
1173	in a brownfield area or a county with a population of 75,000 or
1174	fewer, or a county with a population of 125,000 100,000 or fewer
1175	that which is contiguous to a county with a population of 75,000
1176	or fewer, or a county with a population density of no more than
1177	550 persons per square mile that is contiguous to either Alabama
1178	or Georgia and that does not contain the state capital. Any
1179	applicant that exercises this option shall not be eligible for
1180	more than 80 percent of the total tax refunds allowed such
1181	applicant under this section.
1182	(t)  "Rural community" means:
1183	1.  A county with a population of 75,000 or less.
1184	2.  A county with a population of 125,000 100,000 or less
1185	that is contiguous to a county with a population of 75,000 or
1186	less.
1187	3.  A county with a population density of no more than 550
1188	persons per square mile that is contiguous to either Alabama or
1189	Georgia and that does not contain the state capital.
1190	4.3.  A municipality within a county described in
1191	subparagraph 1. or subparagraph 2.
1192
1193	For purposes of this paragraph, population shall be determined
1194	in accordance with the most recent official estimate pursuant to
1195	s. 186.901.
1196	(v)  "Targeted industry zone" means any catalyst site
1197	designated pursuant to s. 288.0656(2)(b) and any area with a
1198	sector plan adopted pursuant to s. 163.3245.
1199	(2)  TAX REFUND; ELIGIBLE AMOUNTS.--
1200	(b)  Upon approval by the director, a qualified target
1201	industry business shall be allowed tax refund payments equal to
1202	$3,000 times the number of jobs specified in the tax refund
1203	agreement under subparagraph (4)(a)1., or equal to $6,000 times
1204	the number of jobs if the project is located in a rural county,
1205	a targeted industry zone, or an enterprise zone. Further, a
1206	qualified target industry business shall be allowed additional
1207	tax refund payments equal to $1,000 times the number of jobs
1208	specified in the tax refund agreement under subparagraph
1209	(4)(a)1., if such jobs pay an annual average wage of at least
1210	150 percent of the average private sector wage in the area, or
1211	equal to $2,000 times the number of jobs if such jobs pay an
1212	annual average wage of at least 200 percent of the average
1213	private sector wage in the area. A qualified target industry
1214	business may not receive refund payments of more than 25 percent
1215	of the total tax refunds specified in the tax refund agreement
1216	under subparagraph (4)(a)1. in any fiscal year. Further, a
1217	qualified target industry business may not receive more than
1218	$1.5 million in refunds under this section in any single fiscal
1219	year, or more than $2.5 million in any single fiscal year if the
1220	project is located in an enterprise zone. A qualified target
1221	industry may not receive more than $5 million in refund payments
1222	under this section in all fiscal years, or more than $7.5
1223	million if the project is located in an enterprise zone. Funds
1224	made available pursuant to this section may not be expended in
1225	connection with the relocation of a business from one community
1226	to another community in this state unless the Office of Tourism,
1227	Trade, and Economic Development determines that without such
1228	relocation the business will move outside this state or
1229	determines that the business has a compelling economic rationale
1230	for the relocation and that the relocation will create
1231	additional jobs.
1232	(3)  APPLICATION AND APPROVAL PROCESS.--
1233	(a)  To apply for certification as a qualified target
1234	industry business under this section, the business must file an
1235	application with the office before the business has made the
1236	decision to locate a new business in this state or before the
1237	business had made the decision to expand an existing business in
1238	this state. The application shall include, but is not limited
1239	to, the following information:
1240	1.  The applicant's federal employer identification number
1241	and the applicant's state sales tax registration number.
1242	2.  The permanent location of the applicant's facility in
1243	this state at which the project is or is to be located.
1244	3.  A description of the type of business activity or
1245	product covered by the project, including a minimum of a five-
1246	digit NAICS code four-digit SIC codes for all activities
1247	included in the project. As used in this paragraph, "NAICS"
1248	means those classifications contained in the North American
1249	Industry Classification System, as published in 2007 by the
1250	Office of Management and Budget, Executive Office of the
1251	President.
1252	4.  The number of net new full-time equivalent Florida jobs
1253	at the qualified target industry business as of December 31 of
1254	each year included in the project and the average wage of those
1255	jobs. If more than one type of business activity or product is
1256	included in the project, the number of jobs and average wage for
1257	those jobs must be separately stated for each type of business
1258	activity or product.
1259	5.  The total number of full-time equivalent employees
1260	employed by the applicant in this state.
1261	6.  The anticipated commencement date of the project.
1262	7.  A brief statement concerning the role that the tax
1263	refunds requested will play in the decision of the applicant to
1264	locate or expand in this state.
1265	8.  An estimate of the proportion of the sales resulting
1266	from the project that will be made outside this state.
1267	9.  A resolution adopted by the governing board of the
1268	county or municipality in which the project will be located,
1269	which resolution recommends that certain types of businesses be
1270	approved as a qualified target industry business and states that
1271	the commitments of local financial support necessary for the
1272	target industry business exist. In advance of the passage of
1273	such resolution, the office may also accept an official letter
1274	from an authorized local economic development agency that
1275	endorses the proposed target industry project and pledges that
1276	sources of local financial support for such project exist. For
1277	the purposes of making pledges of local financial support under
1278	this subsection, the authorized local economic development
1279	agency shall be officially designated by the passage of a one-
1280	time resolution by the local governing authority.
1281	10.  Any additional information requested by the office.
1282	(b)  To qualify for review by the office, the application
1283	of a target industry business must, at a minimum, establish the
1284	following to the satisfaction of the office:
1285	1.  The jobs proposed to be provided under the application,
1286	pursuant to subparagraph (a)4., must pay an estimated annual
1287	average wage equaling at least 115 percent of the average
1288	private sector wage in the area where the business is to be
1289	located or the statewide private sector average wage. In
1290	determining the average annual wage, the office shall only
1291	include new proposed jobs, and wages for existing jobs shall be
1292	excluded from this calculation. The office may waive the this
1293	average wage requirement at the request of the local governing
1294	body recommending the project and Enterprise Florida, Inc. The
1295	wage requirement may only be waived for a project located in a
1296	brownfield area designated under s. 376.80, or in a rural city
1297	or county, in a targeted industry zone, or in an enterprise zone
1298	and only when the merits of the individual project or the
1299	specific circumstances in the community in relationship to the
1300	project warrant such action. If the local governing body and
1301	Enterprise Florida, Inc., make such a recommendation, it must be
1302	transmitted in writing and the specific justification for the
1303	waiver recommendation must be explained. If the director elects
1304	to waive the wage requirement, the waiver must be stated in
1305	writing and the reasons for granting the waiver must be
1306	explained.
1307	2.  The target industry business's project must result in
1308	the creation of at least 10 jobs at such project and, if an
1309	expansion of an existing business, must result in a net increase
1310	in employment of at least not less than 10 percent at the such
1311	business. Notwithstanding the definition of the term "expansion
1312	of an existing business" in paragraph (1)(g), at the request of
1313	the local governing body recommending the project and Enterprise
1314	Florida, Inc., the office may define an "expansion of an
1315	existing business" in a rural community or an enterprise zone as
1316	the expansion of a business resulting in a net increase in
1317	employment of less than 10 percent at such business if the
1318	merits of the individual project or the specific circumstances
1319	in the community in relationship to the project warrant such
1320	action. If the local governing body and Enterprise Florida,
1321	Inc., make such a request, the request it must be transmitted in
1322	writing and the specific justification for the request must be
1323	explained. If the director elects to grant the such request, the
1324	grant such election must be stated in writing and the reason for
1325	granting the request must be explained.
1326	3.  The business activity or product for the applicant's
1327	project is within an industry or industries that have been
1328	identified by the office to be high-value-added industries that
1329	contribute to the area and to the economic growth of the state
1330	and that produce a higher standard of living for residents
1331	citizens of this state in the new global economy or that can be
1332	shown to make an equivalent contribution to the area and state's
1333	economic progress. The director must approve requests to waive
1334	the wage requirement for brownfield areas designated under s.
1335	376.80 unless it is demonstrated that such action is not in the
1336	public interest.
1337	(c)  Each application meeting the requirements of paragraph
1338	(b) must be submitted to the office for determination of
1339	eligibility. The office shall review and evaluate each
1340	application based on, but not limited to, the following
1341	criteria:
1342	1.  Expected contributions to the state strategic economic
1343	development plan adopted by Enterprise Florida, Inc., taking
1344	into account the long-term effects of the project and of the
1345	applicant on the state economy.
1346	2.  The economic benefit of the jobs created by the project
1347	in this state, taking into account the cost and average wage of
1348	each job created.
1349	3.  The amount of capital investment to be made by the
1350	applicant in this state.
1351	4.  The local commitment and support for the project.
1352	5.  The effect of the project on the local community,
1353	taking into account the unemployment rate for the county where
1354	the project will be located.
1355	6.  The effect of any tax refunds granted pursuant to this
1356	section on the viability of the project and the probability that
1357	the project will be undertaken in this state if such tax refunds
1358	are granted to the applicant, taking into account the expected
1359	long-term commitment of the applicant to economic growth and
1360	employment in this state.
1361	7.  The expected long-term commitment to this state
1362	resulting from the project.
1363	8.  A review of the business's past activities in this
1364	state or other states, including whether such business has been
1365	subjected to criminal or civil fines and penalties. Nothing in
1366	This subparagraph does not shall require the disclosure of
1367	confidential information.
1368	(d)  Applications shall be reviewed and certified pursuant
1369	to s. 288.061. The office shall forward its written findings and
1370	evaluation concerning each application meeting the requirements
1371	of paragraph (b) to the director within 45 calendar days after
1372	receipt of a complete application. The office shall notify each
1373	target industry business when its application is complete, and
1374	of the time when the 45-day period begins. In its written report
1375	to the director, the office shall specifically address each of
1376	the factors specified in paragraph (c) and shall make a specific
1377	assessment with respect to the minimum requirements established
1378	in paragraph (b). The office shall include in its review report
1379	projections of the tax refunds the business would be eligible to
1380	receive in each fiscal year based on the creation and
1381	maintenance of the net new Florida jobs specified in
1382	subparagraph (a)4. as of December 31 of the preceding state
1383	fiscal year.
1384	(e)1.  Within 30 days after receipt of the office's
1385	findings and evaluation, the director shall issue a letter of
1386	certification that either approves or disapproves the
1387	application of the target industry business. The decision must
1388	be in writing and must provide the justifications for approval
1389	or disapproval.
1390	2.  If appropriate, the director shall enter into a written
1391	agreement with the qualified target industry business pursuant
1392	to subsection (4).
1393	(e)(f)  The director may not certify any target industry
1394	business as a qualified target industry business if the value of
1395	tax refunds to be included in that letter of certification
1396	exceeds the available amount of authority to certify new
1397	businesses as determined in s. 288.095(3). However, if the
1398	commitments of local financial support represent less than 20
1399	percent of the eligible tax refund payments, or to otherwise
1400	preserve the viability and fiscal integrity of the program, the
1401	director may certify a qualified target industry business to
1402	receive tax refund payments of less than the allowable amounts
1403	specified in paragraph (2)(b). A letter of certification that
1404	approves an application must specify the maximum amount of tax
1405	refund that will be available to the qualified industry business
1406	in each fiscal year and the total amount of tax refunds that
1407	will be available to the business for all fiscal years.
1408	(f)(g)  Nothing in This section does not shall create a
1409	presumption that an applicant shall will receive any tax refunds
1410	under this section. However, the office may issue nonbinding
1411	opinion letters, upon the request of prospective applicants, as
1412	to the applicants' eligibility and the potential amount of
1413	refunds.
1414	(4)  TAX REFUND AGREEMENT.--
1415	(b)  Compliance with the terms and conditions of the
1416	agreement is a condition precedent for the receipt of a tax
1417	refund each year. The failure to comply with the terms and
1418	conditions of the tax refund agreement results in the loss of
1419	eligibility for receipt of all tax refunds previously authorized
1420	under this section and the revocation by the director of the
1421	certification of the business entity as a qualified target
1422	industry business, unless the business is eligible to receive
1423	and elects to accept a prorated refund under paragraph (5)(d) or
1424	the office grants the business an economic-stimulus exemption.
1425	1.  A qualified target industry business may submit, in
1426	writing, a request to the office for an economic-stimulus
1427	exemption. The request must provide quantitative evidence
1428	demonstrating how negative economic conditions in the business's
1429	industry, the effects of the impact of a named hurricane or
1430	tropical storm, or specific acts of terrorism affecting the
1431	qualified target industry business have prevented the business
1432	from complying with the terms and conditions of its tax refund
1433	agreement.
1434	2.  Upon receipt of a request under subparagraph 1., the
1435	director shall have 45 days to notify the requesting business,
1436	in writing, if its exemption has been granted or denied. In
1437	determining if an exemption should be granted, the director
1438	shall consider the extent to which negative economic conditions
1439	in the requesting business's industry have occurred in the state
1440	or, the effects of the impact of a named hurricane or tropical
1441	storm, or specific acts of terrorism affecting the qualified
1442	target industry business have prevented the business from
1443	complying with the terms and conditions of its tax refund
1444	agreement. The office shall consider current employment
1445	statistics for this state by industry, including whether the
1446	business's industry had substantial job loss during the prior
1447	year, when determining whether an exemption shall be granted.
1448	3.  As a condition for receiving a prorated refund under
1449	paragraph (5)(d) or an economic-stimulus exemption under this
1450	paragraph, a qualified target industry business must agree to
1451	renegotiate its tax refund agreement with the office to, at a
1452	minimum, ensure that the terms of the agreement comply with
1453	current law and office procedures governing application for and
1454	award of tax refunds. Upon approving the award of a prorated
1455	refund or granting an economic-stimulus exemption, the office
1456	shall renegotiate the tax refund agreement with the business as
1457	required by this subparagraph. When amending the agreement of a
1458	business receiving an economic-stimulus exemption, the office
1459	may extend the duration of the agreement for a period not to
1460	exceed 2 years.
1461	4.  A qualified target industry business may submit a
1462	request for an economic-stimulus exemption to the office in lieu
1463	of any tax refund claim scheduled to be submitted after January
1464	1, 2009 2005, but before July 1, 2011 2006.
1465	5.  A qualified target industry business that receives an
1466	economic-stimulus exemption may not receive a tax refund for the
1467	period covered by the exemption.
1468	(5)  ANNUAL CLAIM FOR REFUND.--
1469	(c)  A tax refund may not be approved for a qualified
1470	target industry business unless the required local financial
1471	support has been paid into the account for that refund. If the
1472	local financial support provided is less than 20 percent of the
1473	approved tax refund, the tax refund must be reduced. In no event
1474	may the tax refund exceed an amount that is equal to 5 times the
1475	amount of the local financial support received. Further, funding
1476	from local sources includes any tax abatement granted to that
1477	business under s. 196.1995 or the appraised market value of
1478	municipal or county land conveyed or provided at a discount to
1479	that business. The amount of any tax refund for such business
1480	approved under this section must be reduced by the amount of any
1481	such tax abatement granted or the value of the land granted; and
1482	the limitations in subsection (2) and paragraph (3)(e)(f) must
1483	be reduced by the amount of any such tax abatement or the value
1484	of the land granted. A report listing all sources of the local
1485	financial support shall be provided to the office when such
1486	support is paid to the account.
1487	(8)  EXPIRATION.--An applicant may not be certified as
1488	qualified under this section after June 30, 2014 2010. A tax
1489	refund agreement existing on that date shall continue in effect
1490	in accordance with its terms.
1491	Section 17.  Paragraph (e) of subsection (1), paragraph (b)
1492	of subsection (3), and paragraph (f) of subsection (4) of
1493	section 288.107, Florida Statutes, are amended, and paragraph
1494	(e) is added to subsection (3) of that section, to read:
1495	288.107  Brownfield redevelopment bonus refunds.--
1496	(1)  Definitions.--As used in this section:
1497	(e)  "Eligible business" means:
1498	1.  A qualified target industry business as defined in s.
1499	288.106(1)(o); or
1500	2.  A business that can demonstrate a fixed capital
1501	investment of at least $2 million in mixed-use business
1502	activities, including multiunit housing, commercial, retail, and
1503	industrial in brownfield areas, or at least $500,000 in
1504	brownfield areas that do not require site cleanup, and which
1505	provides benefits to its employees.
1506	(3)  CRITERIA.--The minimum criteria for participation in
1507	the brownfield redevelopment bonus refund are:
1508	(b)  The completion of a fixed capital investment of at
1509	least $2 million in mixed-use business activities, including
1510	multiunit housing, commercial, retail, and industrial in
1511	brownfield areas, or at least $500,000 in brownfield areas that
1512	do not require site cleanup, by an eligible business applying
1513	for a refund under paragraph (2)(b) which provides benefits to
1514	its employees.
1515	(e)  A resolution adopted by the governing board of the
1516	county or municipality in which the project will be located that
1517	recommends that certain types of businesses be approved.
1518	(4)  PAYMENT OF BROWNFIELD REDEVELOPMENT BONUS REFUNDS.--
1519	(f)  Applications shall be reviewed and certified pursuant
1520	to s. 288.061. The office shall review all applications
1521	submitted under s. 288.106 or other similar application forms
1522	for other eligible businesses as defined in paragraph (1)(e)
1523	which indicate that the proposed project will be located in a
1524	brownfield and determine, with the assistance of the Department
1525	of Environmental Protection, that the project location is within
1526	a brownfield as provided in this act.
1527	Section 18.  Paragraphs (b), (c), and (d) of subsection (5)
1528	and subsections (7) and (8) of section 288.108, Florida
1529	Statutes, are amended to read:
1530	288.108  High-impact business.--
1531	(5)  APPLICATIONS; CERTIFICATION PROCESS; GRANT
1532	AGREEMENT.--
1533	(b)  Applications shall be reviewed and certified pursuant
1534	to s. 288.061. Enterprise Florida, Inc., shall review each
1535	submitted application and inform the applicant business whether
1536	or not its application is complete within 10 working days. Once
1537	the application is deemed complete, Enterprise Florida, Inc.,
1538	has 10 working days within which to evaluate the application and
1539	recommend approval or disapproval of the application to the
1540	director. In recommending an applicant business for approval,
1541	Enterprise Florida, Inc., shall include a recommended grant
1542	award amount in its evaluation forwarded to the office.
1543	(c)  Upon receipt of the evaluation and recommendation of
1544	Enterprise Florida, Inc., the director has 5 working days to
1545	enter a final order that either approves or disapproves an
1546	applicant business as a qualified high-impact business facility,
1547	unless the business requests an extension of the time. The final
1548	order shall specify the total amount of the qualified high-
1549	impact business facility performance grant award, the
1550	performance conditions that must be met to obtain the award, and
1551	the schedule for payment of the performance grant.
1552	(c)(d)  The director and the qualified high-impact business
1553	shall enter into a performance grant agreement setting forth the
1554	conditions for payment of the qualified high-impact business
1555	performance grant. The agreement shall include the total amount
1556	of the qualified high-impact business facility performance grant
1557	award, the performance conditions that must be met to obtain the
1558	award, including the employment, average salary, investment, the
1559	methodology for determining if the conditions have been met, and
1560	the schedule of performance grant payments.
1561	(7)  REPORTING.--The office shall by December 1 of each
1562	year issue a complete and detailed report of all designated
1563	high-impact sectors, all applications received and their
1564	disposition, all final orders issued, and all payments made,
1565	including analyses of benefits and costs, types of projects
1566	supported, and employment and investments created. The report
1567	shall be submitted to the Governor, the President of the Senate,
1568	and the Speaker of the House of Representatives.
1569	(7)(8)  RULEMAKING.--The office may adopt rules necessary
1570	to carry out the provisions of this section.
1571	Section 19.  Paragraphs (a) and (b) of subsection (3) of
1572	section 288.1088, Florida Statutes, are amended to read:
1573	288.1088  Quick Action Closing Fund.--
1574	(3)(a)  Enterprise Florida, Inc., shall review applications
1575	pursuant to s. 288.061 and determine eligibility of each project
1576	consistent with the criteria in subsection (2). Enterprise
1577	Florida, Inc., in consultation with the Office of Tourism,
1578	Trade, and Economic Development, may waive these criteria based
1579	on extraordinary circumstances or in rural areas of critical
1580	economic concern if the project would significantly benefit the
1581	local or regional economy. Enterprise Florida, Inc., shall
1582	evaluate individual proposals for high-impact business
1583	facilities and forward recommendations regarding the use of
1584	moneys in the fund for such facilities to the director of the
1585	Office of Tourism, Trade, and Economic Development. Such
1586	evaluation and recommendation must include, but need not be
1587	limited to:
1588	1.  A description of the type of facility or
1589	infrastructure, its operations, and the associated product or
1590	service associated with the facility.
1591	2.  The number of full-time-equivalent jobs that will be
1592	created by the facility and the total estimated average annual
1593	wages of those jobs or, in the case of privately developed rural
1594	infrastructure, the types of business activities and jobs
1595	stimulated by the investment.
1596	3.  The cumulative amount of investment to be dedicated to
1597	the facility within a specified period.
1598	4.  A statement of any special impacts the facility is
1599	expected to stimulate in a particular business sector in the
1600	state or regional economy or in the state's universities and
1601	community colleges.
1602	5.  A statement of the role the incentive is expected to
1603	play in the decision of the applicant business to locate or
1604	expand in this state or for the private investor to provide
1605	critical rural infrastructure.
1606	6.  A report evaluating the quality and value of the
1607	company submitting a proposal. The report must include:
1608	a.  A financial analysis of the company, including an
1609	evaluation of the company's short-term liquidity ratio as
1610	measured by its assets to liability, the company's profitability
1611	ratio, and the company's long-term solvency as measured by its
1612	debt-to-equity ratio;
1613	b.  The historical market performance of the company;
1614	c.  A review of any independent evaluations of the company;
1615	d.  A review of the latest audit of the company's financial
1616	statement and the related auditor's management letter; and
1617	e.  A review of any other types of audits that are related
1618	to the internal and management controls of the company.
1619	(b)  Within 22 calendar days after receiving Upon receipt
1620	of the evaluation and recommendation from Enterprise Florida,
1621	Inc., the director shall recommend to the Governor approval or
1622	disapproval of a project for receipt of funds from the Quick
1623	Action Closing Fund to the Governor. In recommending a project,
1624	the director shall include proposed performance conditions that
1625	the project must meet to obtain incentive funds. The Governor
1626	shall provide the evaluation of projects recommended for
1627	approval to the President of the Senate and the Speaker of the
1628	House of Representatives and consult with the President of the
1629	Senate and the Speaker of the House of Representatives before
1630	giving final approval for a project. The Executive Office of the
1631	Governor shall recommend approval of a project and the release
1632	of funds pursuant to the legislative consultation and review
1633	requirements set forth in s. 216.177. The recommendation must
1634	include proposed performance conditions that the project must
1635	meet in order to obtain funds.
1636	Section 20.  Section 288.1089, Florida Statutes, is amended
1637	to read:
1638	288.1089  Innovation Incentive Program.--
1639	(1)  The Innovation Incentive Program is created within the
1640	Office of Tourism, Trade, and Economic Development to ensure
1641	that sufficient resources are available to allow the state to
1642	respond expeditiously to extraordinary economic opportunities
1643	and to compete effectively for high-value research and
1644	development, alternative and renewable energy, and innovation
1645	business projects.
1646	(2)  As used in this section, the term:
1647	(a)  "Alternative and renewable energy" means electrical,
1648	mechanical, or thermal energy produced from a method that uses
1649	one or more of the following fuels or energy sources: ethanol,
1650	cellulosic ethanol, biobutanol, biodiesel, biomass, biogas,
1651	hydrogen fuel cells, ocean energy, hydrogen, solar, hydro, wind,
1652	or geothermal.
1653	(b)  "Average private sector wage" means the statewide
1654	average wage in the private sector or the average of all private
1655	sector wages in the county or in the standard metropolitan area
1656	in which the project is located as determined by the Agency for
1657	Workforce Innovation.
1658	(c)  "Brownfield area" means an area designated as a
1659	brownfield area pursuant to s. 376.80.
1660	(d)  "Commission" means the Florida Energy and Climate
1661	Commission.
1662	(e)(d)  "Cumulative investment" means cumulative capital
1663	investment and all eligible capital costs, as defined in s.
1664	220.191.
1665	(f)(e)  "Director" means the director of the Office of
1666	Tourism, Trade, and Economic Development.
1667	(g)(f)  "Enterprise zone" means an area designated as an
1668	enterprise zone pursuant to s. 290.0065.
1669	(h)(g)  "Fiscal year" means the state fiscal year.
1670	(i)  "Industry wage" means the average annual wage paid to
1671	employees in a particular industry, as designated by the North
1672	American Industry Classification System (NAICS) and compiled by
1673	the Bureau of Labor Statistics of the United States Department
1674	of Labor.
1675	(j)(h)  "Innovation business" means a business expanding or
1676	locating in this state that is likely to serve as a catalyst for
1677	the growth of an existing or emerging technology cluster or will
1678	significantly impact the regional economy in which it is to
1679	expand or locate.
1680	(k)(i)  "Jobs" means full-time equivalent positions, as
1681	that term is consistent with terms used by the Agency for
1682	Workforce Innovation and the United States Department of Labor
1683	for purposes of unemployment compensation tax administration and
1684	employment estimation, resulting directly from a project in this
1685	state. The term does not include temporary construction jobs.
1686	(l)(j)  "Match" means funding from local sources, public or
1687	private, which will be paid to the applicant and which is equal
1688	to 100 percent of an award. Eligible match funding may include
1689	any tax abatement granted to the applicant under s. 196.1995 or
1690	the appraised market value of land, buildings, infrastructure,
1691	or equipment conveyed or provided at a discount to the
1692	applicant. Complete documentation of a match payment or other
1693	conveyance must be presented to and verified by the office prior
1694	to transfer of state funds to an applicant. An applicant may not
1695	provide, directly or indirectly, more than 5 percent of match
1696	funding in any fiscal year. The sources of such funding may not
1697	include, directly or indirectly, state funds appropriated from
1698	the General Revenue Fund or any state trust fund, excluding tax
1699	revenues shared with local governments pursuant to law.
1700	(m)(k)  "Office" means the Office of Tourism, Trade, and
1701	Economic Development.
1702	(n)(l)  "Project" means the location to or expansion in
1703	this state by an innovation business, alternative and renewable
1704	energy business, or research and development applicant approved
1705	for an award pursuant to this section.
1706	(o)(m)  "Research and development" means basic and applied
1707	research in the sciences or engineering, as well as the design,
1708	development, and testing of prototypes or processes of new or
1709	improved products. Research and development does not include
1710	market research, routine consumer product testing, sales
1711	research, research in the social sciences or psychology,
1712	nontechnological activities, or technical services.
1713	(p)(n)  "Research and development facility" means a
1714	facility that is predominately engaged in research and
1715	development activities. For purposes of this paragraph, the term
1716	"predominantly" means at least 51 percent of the time.
1717	(q)(o)  "Rural area" means a rural city, rural community,
1718	or rural county as defined in s. 288.106.
1719	(3)  To be eligible for consideration for an innovation
1720	incentive award, an innovation business, a or research and
1721	development entity, or an alternative and renewable energy
1722	company project must submit a written application to Enterprise
1723	Florida, Inc., before making a decision to locate new operations
1724	in this state or expand an existing operation in this state. The
1725	application must include, but not be limited to:
1726	(a)  The applicant's federal employer identification
1727	number, unemployment account number, and state sales tax
1728	registration number. If such numbers are not available at the
1729	time of application, they must be submitted to the office in
1730	writing prior to the disbursement of any payments under this
1731	section.
1732	(b)  The location in this state at which the project is
1733	located or is to be located.
1734	(c)  A description of the type of business activity,
1735	product, or research and development undertaken by the
1736	applicant, including six-digit North American Industry
1737	Classification System codes for all activities included in the
1738	project.
1739	(d)  The applicant's projected investment in the project.
1740	(e)  The total investment, from all sources, in the
1741	project.
1742	(f)  The number of net new full-time equivalent jobs in
1743	this state the applicant anticipates having created as of
1744	December 31 of each year in the project and the average annual
1745	wage of such jobs.
1746	(g)  The total number of full-time equivalent employees
1747	currently employed by the applicant in this state, if
1748	applicable.
1749	(h)  The anticipated commencement date of the project.
1750	(i)  A detailed explanation of why the innovation incentive
1751	is needed to induce the applicant to expand or locate in the
1752	state and whether an award would cause the applicant to locate
1753	or expand in this state.
1754	(j)  If applicable, an estimate of the proportion of the
1755	revenues resulting from the project that will be generated
1756	outside this state.
1757	(4)  To qualify for review by the office, the applicant
1758	must, at a minimum, establish the following to the satisfaction
1759	of Enterprise Florida, Inc., and the office:
1760	(a)  The jobs created by the project must pay an estimated
1761	annual average wage equaling at least 130 percent of the average
1762	private sector wage. The office may waive this average wage
1763	requirement at the request of Enterprise Florida, Inc., for a
1764	project located in a rural area, a brownfield area, or an
1765	enterprise zone, when the merits of the individual project or
1766	the specific circumstances in the community in relationship to
1767	the project warrant such action. A recommendation for waiver by
1768	Enterprise Florida, Inc., must include a specific justification
1769	for the waiver and be transmitted to the office in writing. If
1770	the director elects to waive the wage requirement, the waiver
1771	must be stated in writing and the reasons for granting the
1772	waiver must be explained.
1773	(b)  A research and development project must:
1774	1.  Serve as a catalyst for an emerging or evolving
1775	technology cluster.
1776	2.  Demonstrate a plan for significant higher education
1777	collaboration.
1778	3.  Provide the state, at a minimum, a break-even return on
1779	investment within a 20-year period.
1780	4.  Be provided with a one-to-one match from the local
1781	community. The match requirement may be reduced or waived in
1782	rural areas of critical economic concern or reduced in rural
1783	areas, brownfield areas, and enterprise zones.
1784	(c)  An innovation business project in this state, other
1785	than a research and development project, must:
1786	1.a.  Result in the creation of at least 1,000 direct, new
1787	jobs at the business; or
1788	b.  Result in the creation of at least 500 direct, new jobs
1789	if the project is located in a rural area, a brownfield area, or
1790	an enterprise zone.
1791	2.  Have an activity or product that is within an industry
1792	that is designated as a target industry business under s.
1793	288.106 or a designated sector under s. 288.108.
1794	3.a.  Have a cumulative investment of at least $500 million
1795	within a 5-year period; or
1796	b.  Have a cumulative investment that exceeds $250 million
1797	within a 10-year period if the project is located in a rural
1798	area, brownfield area, or an enterprise zone.
1799	4.  Be provided with a one-to-one match from the local
1800	community. The match requirement may be reduced or waived in
1801	rural areas of critical economic concern or reduced in rural
1802	areas, brownfield areas, and enterprise zones.
1803	(d)  For an alternative and renewable energy project in
1804	this state, the project must:
1805	1.  Demonstrate a plan for significant collaboration with
1806	an institution of higher education.;
1807	2.  Provide the state, at a minimum, a break-even return on
1808	investment within a 20-year period.;
1809	3.  Include matching funds provided by the applicant or
1810	other available sources. The match requirement may be reduced or
1811	waived in rural areas of critical economic concern or reduced in
1812	rural areas, brownfield areas, and enterprise zones. This
1813	requirement may be waived if the office and the department
1814	determine that the merits of the individual project or the
1815	specific circumstances warrant such action;
1816	4.  Be located in this state.;
1817	5.  Provide at least 35 direct, new jobs that pay an
1818	estimated annual average wage that equals at least 130 percent
1819	of the average private sector wage. The average wage requirement
1820	may be waived if the office and the commission determine that
1821	the merits of the individual project or the specific
1822	circumstances warrant such action; and
1823	6.  Meet one of the following criteria:
1824	a.  Result in the creation of at least 35 direct, new jobs
1825	at the business.
1826	b.  Have an activity or product that uses feedstock or
1827	other raw materials grown or produced in this state.
1828	c.  Have a cumulative investment of at least $50 million
1829	within a 5-year period.
1830	d.  Address the technical feasibility of the technology,
1831	and the extent to which the proposed project has been
1832	demonstrated to be technically feasible based on pilot project
1833	demonstrations, laboratory testing, scientific modeling, or
1834	engineering or chemical theory that supports the proposal.
1835	e.  Include innovative technology and the degree to which
1836	the project or business incorporates an innovative new
1837	technology or an innovative application of an existing
1838	technology.
1839	f.  Include production potential and the degree to which a
1840	project or business generates thermal, mechanical, or electrical
1841	energy by means of a renewable energy resource that has
1842	substantial long-term production potential. The project must, to
1843	the extent possible, quantify annual production potential in
1844	megawatts or kilowatts.
1845	g.  Include and address energy efficiency and the degree to
1846	which a project demonstrates efficient use of energy, water, and
1847	material resources.
1848	h.  Include project management and the ability of
1849	management to administer and complete the business project.
1850	(5)  Enterprise Florida, Inc., shall evaluate proposals for
1851	all three categories of innovation incentive awards and transmit
1852	recommendations for awards to the office. Before making its
1853	recommendations on alternative and renewable energy projects,
1854	Enterprise Florida, Inc., shall solicit comments and
1855	recommendations from the Florida Energy and Climate Commission
1856	for alternative and renewable energy project proposals. For each
1857	project, an Such evaluation and recommendation to the office
1858	must include, but need not be limited to:
1859	(a)  A description of the project, its required facilities,
1860	and the associated product, service, or research and development
1861	associated with the project.
1862	(b)  The percentage of match provided for the project.
1863	(c)  The number of full-time equivalent jobs that will be
1864	created by the project, the total estimated average annual wages
1865	of such jobs, and the types of business activities and jobs
1866	likely to be stimulated by the project.
1867	(d)  The cumulative investment to be dedicated to the
1868	project within 5 years and the total investment expected in the
1869	project if more than 5 years.
1870	(e)  The projected economic and fiscal impacts on the local
1871	and state economies relative to investment.
1872	(f)  A statement of any special impacts the project is
1873	expected to stimulate in a particular business sector in the
1874	state or regional economy or in the state's universities and
1875	community colleges.
1876	(g)  A statement of any anticipated or proposed
1877	relationships with state universities.
1878	(h)  A statement of the role the incentive is expected to
1879	play in the decision of the applicant to locate or expand in
1880	this state.
1881	(i)  A recommendation and explanation of the amount of the
1882	award needed to cause the applicant to expand or locate in this
1883	state.
1884	(j)  A discussion of the efforts and commitments made by
1885	the local community in which the project is to be located to
1886	induce the applicant's location or expansion, taking into
1887	consideration local resources and abilities.
1888	(k)  A recommendation for specific performance criteria the
1889	applicant would be expected to achieve in order to receive
1890	payments from the fund and penalties or sanctions for failure to
1891	meet or maintain performance conditions.
1892	(l)  Additional evaluation criteria for a research and
1893	development facility project include:
1894	1.  A description of the extent to which the project has
1895	the potential to serve as catalyst for an emerging or evolving
1896	cluster.
1897	2.  A description of the extent to which the project has or
1898	could have a long-term collaborative research and development
1899	relationship with one or more universities or community colleges
1900	in this state.
1901	3.  A description of the existing or projected impact of
1902	the project on established clusters or targeted industry
1903	sectors.
1904	4.  A description of the project's contribution to the
1905	diversity and resiliency of the innovation economy of this
1906	state.
1907	5.  A description of the project's impact on special needs
1908	communities, including, but not limited to, rural areas,
1909	distressed urban areas, and enterprise zones.
1910	(m)  Additional evaluation criteria for alternative and
1911	renewable energy proposals include:
1912	1.  The availability of matching funds or other in-kind
1913	contributions applied to the total project from an applicant.
1914	The commission shall give greater preference to projects that
1915	provide such matching funds or other in-kind contributions.
1916	2.  The degree to which the project stimulates in-state
1917	capital investment and economic development in metropolitan and
1918	rural areas, including the creation of jobs and the future
1919	development of a commercial market for renewable energy
1920	technologies.
1921	3.  The extent to which the proposed project has been
1922	demonstrated to be technically feasible based on pilot project
1923	demonstrations, laboratory testing, scientific modeling, or
1924	engineering or chemical theory that supports the proposal.
1925	4.  The degree to which the project incorporates an
1926	innovative new technology or an innovative application of an
1927	existing technology.
1928	5.  The degree to which a project generates thermal,
1929	mechanical, or electrical energy by means of a renewable energy
1930	resource that has substantial long-term production potential.
1931	6.  The degree to which a project demonstrates efficient
1932	use of energy and material resources.
1933	7.  The degree to which the project fosters overall
1934	understanding and appreciation of renewable energy technologies.
1935	8.  The ability to administer a complete project.
1936	9.  Project duration and timeline for expenditures.
1937	10.  The geographic area in which the project is to be
1938	conducted in relation to other projects.
1939	11.  The degree of public visibility and interaction.
1940	(6)  In consultation with Enterprise Florida, Inc., the
1941	office may negotiate the proposed amount of an award for any
1942	applicant meeting the requirements of this section. In
1943	negotiating such award, the office shall consider the amount of
1944	the incentive needed to cause the applicant to locate or expand
1945	in this state in conjunction with other relevant applicant
1946	impact and cost information and analysis as described in this
1947	section. Particular emphasis shall be given to the potential for
1948	the project to stimulate additional private investment and high-
1949	quality employment opportunities in the area.
1950	(7)  Upon receipt of the evaluation and recommendation from
1951	Enterprise Florida, Inc., and from the Florida Energy and
1952	Climate Commission for alternative and renewable energy project
1953	proposals, the director shall recommend to the Governor the
1954	approval or disapproval of an award. In recommending approval of
1955	an award, the director shall include proposed performance
1956	conditions that the applicant must meet in order to obtain
1957	incentive funds and any other conditions that must be met before
1958	the receipt of any incentive funds. The Governor shall consult
1959	with the President of the Senate and the Speaker of the House of
1960	Representatives before giving approval for an award. Upon review
1961	and approval of an award by the Legislative Budget Commission,
1962	the Executive Office of the Governor shall release the funds
1963	pursuant to the legislative consultation and review requirements
1964	set forth in s. 216.177.
1965	(8)(a)  After the conditions Upon approval by the Governor
1966	and release of the funds as set forth in subsection (7) have
1967	been met, the director shall issue a letter certifying the
1968	applicant as qualified for an award. The office and the award
1969	recipient applicant shall enter into an agreement that sets
1970	forth the conditions for payment of the incentive funds
1971	incentives. The agreement must include, at a minimum:
1972	1.  The total amount of funds awarded.;
1973	2.  The performance conditions that must be met in order to
1974	obtain the award or portions of the award, including, but not
1975	limited to, net new employment in the state, average wage, and
1976	total cumulative investment.;
1977	3.  Demonstration of a baseline of current service and a
1978	measure of enhanced capability.;
1979	4.  The methodology for validating performance.;
1980	5.  The schedule of payments.; and
1981	6.  Sanctions for failure to meet performance conditions,
1982	including any clawback provisions.
1983	(b)  Additionally, agreements signed on or after July 1,
1984	2009, must include the following provisions:
1985	1.  Notwithstanding subsection (4), a requirement that the
1986	jobs created by the recipient of the incentive funds pay an
1987	annual average wage at least equal to the relevant industry's
1988	annual average wage or at least 130 percent of the average
1989	private-sector wage, whichever is greater.
1990	2.  Requirements for the establishment of internship
1991	programs or other learning opportunities for educators and
1992	secondary, postsecondary, graduate, and doctoral students.
1993	3.  A requirement that the recipient submit quarterly
1994	reports and annual reports related to activities and performance
1995	to the office, according to standardized reporting periods.
1996	4.  A requirement for an annual accounting to the office of
1997	the expenditure of funds disbursed under this section.
1998	5.  A process for amending the agreement.
1999	(9)  Enterprise Florida, Inc., shall assist the office in
2000	validating the performance of an innovation business, an
2001	alternative and renewable energy business, or a research and
2002	development facility that has received an award. At the
2003	conclusion of the innovation incentive award agreement, or its
2004	earlier termination, Enterprise Florida, Inc., shall, within 90
2005	days, submit a report the results of the innovation incentive
2006	award to the Governor, the President of the Senate, and the
2007	Speaker of the House of Representatives detailing whether the
2008	recipient of the innovation incentive grant achieved its
2009	specified outcomes.
2010	(10)  Each recipient of an award shall comply with
2011	Enterprise Florida, Inc., shall develop business ethics
2012	standards developed by Enterprise Florida, Inc., that are based
2013	on appropriate best industry practices which shall be applicable
2014	to all award recipients. The standards shall address ethical
2015	duties of business enterprises, fiduciary responsibilities of
2016	management, and compliance with the laws of this state.
2017	Enterprise Florida, Inc., may collaborate with the State
2018	University System in reviewing and evaluating appropriate
2019	business ethics standards. Such standards shall be provided to
2020	the Governor, the President of the Senate, and the Speaker of
2021	the House of Representatives by December 31, 2006. An award
2022	agreement entered into on or after December 31, 2006, shall
2023	require a recipient to comply with the business ethics standards
2024	developed pursuant to this section.
2025	(11)(a)  Beginning January 5, 2010, and every year
2026	thereafter, the office shall submit to the Governor, the
2027	President of the Senate, and the Speaker of the House of
2028	Representatives a report summarizing the activities and
2029	accomplishments of the recipients of grants from the Innovation
2030	Incentive Program during the previous 12 months and an
2031	evaluation by the office of whether the recipients are catalysts
2032	for additional direct and indirect economic development in this
2033	state.
2034	(b)  Beginning March 1, 2010, and every third year
2035	thereafter, the Office of Program Policy Analysis and Government
2036	Accountability, in consultation with the Office of the Auditor
2037	General, shall release a report evaluating the Innovation
2038	Incentive Program's progress toward creating clusters of high-
2039	wage, high-skilled, complementary industries that serve as
2040	catalysts for economic growth specifically in the regions in
2041	which they are located and generally for the state as a whole.
2042	Such report must include critical analyses of quarterly and
2043	annual reports, annual audits, and other documents prepared by
2044	the Innovation Incentive Program awardees; relevant economic
2045	development reports prepared by the office, Enterprise Florida,
2046	Inc., and local or regional economic development organizations;
2047	interviews with the parties involved; and any other relevant
2048	data. Such report should also include legislative
2049	recommendations, if necessary, on how to improve the Innovation
2050	Incentive Program so that the program reaches its anticipated
2051	potential as a catalyst for direct and indirect economic
2052	development in this state.
2053	(12)  The office may seek the assistance of the Office of
2054	Program Policy Analysis and Government Accountability, the
2055	Legislature's Office of Economic and Demographic Research, and
2056	other entities for the purpose of developing performance
2057	measures or techniques to quantify the synergistic economic
2058	development impacts that awardees of grants are having within
2059	their communities.
2060	Section 21.  Section 288.10895, Florida Statutes, is
2061	created to read:
2062	288.10895  Transfers of economic development incentives.--
2063	(1)  Any person as defined in s. 1.01 that is entitled to
2064	receive an economic development incentive may transfer such
2065	incentive as provided in this section. For purposes of this
2066	section, the term "economic development incentive" means the
2067	incentives specified under ss. 288.1045, 288.106, and 288.107.
2068	(2)  An economic development incentive may be transferred
2069	as follows:
2070	(a)  An economic development incentive may be transferred
2071	after a merger or acquisition to the surviving or acquiring
2072	entity.
2073	(b)  An entity treated as a partnership or a disregarded
2074	entity may transfer an economic development incentive to its
2075	partners, members, or parent entity. For purposes of this
2076	section, the term "disregarded entity" means an entity that is
2077	disregarded as an entity separate from its owner for federal tax
2078	purposes.
2079	(c)  A corporation may transfer an economic development
2080	incentive to other members of its affiliated group of
2081	corporations as defined in s. 220.03(1)(b).
2082	(3)  The original recipient of an economic development
2083	incentive, as described in subsection (2), may transfer any
2084	unused incentive in whole or in units of not less than 25
2085	percent of the remaining incentive. The transferee may use such
2086	incentive in the same manner and with the same limitations as
2087	provided in this section and in the provisions creating such
2088	incentive and to the same extent as if they were the original
2089	recipient, provided that the total amount does not exceed the
2090	maximum amount of incentive to which the original recipient
2091	would have been entitled.
2092	(4)  Any transferred economic development incentive may not
2093	be transferred again, except that such transferred incentive may
2094	transfer to a surviving or acquiring entity subject to the same
2095	conditions and limitations as described in this section and in
2096	the provisions creating such incentive.
2097	(5)  If an economic development incentive is reduced as a
2098	result of an examination or audit by an applicable agency, such
2099	deficiency or repayment shall be recovered from the first person
2100	or the surviving or acquiring entity to have claimed such
2101	incentive up to the amount of incentive taken. Any subsequent
2102	deficiency or repayment shall be assessed against any person
2103	acquiring and claiming such incentive, or in the case of
2104	multiple succeeding persons, in the order of incentive
2105	succession.
2106	(6)  A person may not transfer an economic development
2107	incentive if the transferee receiving the incentive is not
2108	subject to the tax for which the incentive is allowed or is
2109	unable to otherwise use such incentive.
2110	(7)  Each agency may adopt rules related to such agency's
2111	administration of an economic development incentive necessary to
2112	implement and administer this section, including rules, forms,
2113	specific procedures, guidelines for transferring and claiming an
2114	incentive, and the method by which a transferor or transferee
2115	shall notify the agency of the transfer of the incentive.
2116	Section 22.  Subsection (2) of section 288.9622, Florida
2117	Statutes, is amended to read:
2118	288.9622  Findings and intent.--
2119	(2)  It is the intent of the Legislature that ss. 288.9621-
2120	288.9625 serve to mobilize private investment in a broad variety
2121	of venture capital partnerships in diversified industries and
2122	geographies; retain private sector investment criteria focused
2123	on rate of return; use the services of highly qualified managers
2124	in the venture capital industry regardless of location;
2125	facilitate the organization of the Florida Opportunity Fund as
2126	an a fund-of-funds investor in seed and early stage businesses,
2127	infrastructure projects, venture capital funds, and angel funds;
2128	and precipitate capital investment and extensions of credit to
2129	and in the Florida Opportunity Fund.
2130	Section 23.  Paragraphs (a) and (d) of subsection (4) and
2131	paragraph (a) of subsection (5) of section 288.9624, Florida
2132	Statutes, are amended, and paragraph (e) is added to subsection
2133	(4) of that section, to read:
2134	288.9624  Florida Opportunity Fund; creation; duties.--
2135	(4)  For the purpose of mobilizing investment in a broad
2136	variety of Florida-based, new technology companies and
2137	generating a return sufficient to continue reinvestment, the
2138	fund shall:
2139	(a)  Invest directly only in seed and early stage venture
2140	capital funds that have experienced managers or management teams
2141	with demonstrated experience, expertise, and a successful
2142	history in the investment of venture capital funds, focusing on
2143	opportunities in this state. The fund may also not make direct
2144	investments, including loans, in individual businesses and
2145	infrastructure projects. While not precluded from investing in
2146	venture capital funds that have investments outside this state,
2147	the fund must require a venture capital fund to show a record of
2148	successful investment in this state, to be based in this state,
2149	or to have an office in this state staffed with a full-time,
2150	professional venture investment executive in order to be
2151	eligible for investment.
2152	(d)  Invest only in funds, businesses, and infrastructure
2153	projects that have raised capital from other sources so that the
2154	amount invested in such funds, businesses, or infrastructure
2155	projects an entity in this state is at least twice the amount
2156	invested by the fund. Direct investments must be made in
2157	infrastructure projects in this state or in businesses that are
2158	Florida-based companies or have significant business activities
2159	in this state and operate in technology sectors that are
2160	strategic to this state, including, but not limited to,
2161	enterprises in life sciences, information technology, advanced
2162	manufacturing processes, aviation and aerospace, and homeland
2163	security and defense, as well as other strategic technologies.
2164	The fund may not use its original appropriation of $29.5 million
2165	for such direct investments in businesses or infrastructure
2166	projects.
2167	(e)  Form or operate other entities and accept additional
2168	funds from other public and private sources to further its
2169	purpose.
2170	(5)  By December 1 of each year, the board shall issue an
2171	annual report concerning the activities conducted by the fund to
2172	the Governor, the President of the Senate, and the Speaker of
2173	the House of Representatives. The annual report, at a minimum,
2174	must include:
2175	(a)  An accounting of the amount of investments disbursed
2176	by the fund and the progress of the fund, including the progress
2177	of businesses and infrastructure projects provided with direct
2178	investments from the fund.
2179	Section 24.  Paragraph (v) is added to subsection (24) of
2180	section 380.06, Florida Statutes, to read:
2181	380.06  Developments of regional impact.--
2182	(24)  STATUTORY EXEMPTIONS.--
2183	(v)  Any nonresidential development within a catalyst site
2184	as defined in s. 288.0656(2)(b) or a catalyst site submitted to
2185	Enterprise Florida, Inc., if the Office of Tourism, Trade, and
2186	Economic Development states in writing that the project supports
2187	a regional target industry that is identified in an economic
2188	development plan prepared for one of the economic development
2189	projects identified in s. 288.0656(7), is exempt from the
2190	provisions of this section.
2191
2192	If a use is exempt from review as a development of regional
2193	impact under paragraphs (a)-(t), but will be part of a larger
2194	project that is subject to review as a development of regional
2195	impact, the impact of the exempt use must be included in the
2196	review of the larger project.
2197	Section 25.  Subsection (2) of section 257.193, Florida
2198	Statutes, is amended to read:
2199	257.193  Community Libraries in Caring Program.--
2200	(2)  The purpose of the Community Libraries in Caring
2201	Program is to assist libraries in rural communities, as defined
2202	in s. 288.0656(2)(b) and subject to the provisions of s.
2203	288.06561, to strengthen their collections and services, improve
2204	literacy in their communities, and improve the economic
2205	viability of their communities.
2206	Section 26.  Section 288.019, Florida Statutes, is amended
2207	to read:
2208	288.019  Rural considerations in grant review and
2209	evaluation processes.--Notwithstanding any other law, and to the
2210	fullest extent possible, the member agencies and organizations
2211	of the Rural Economic Development Initiative (REDI) as defined
2212	in s. 288.0656(6)(a) shall review all grant and loan application
2213	evaluation criteria to ensure the fullest access for rural
2214	counties as defined in s. 288.0656(2)(b) to resources available
2215	throughout the state.
2216	(1)  Each REDI agency and organization shall review all
2217	evaluation and scoring procedures and develop modifications to
2218	those procedures which minimize the impact of a project within a
2219	rural area.
2220	(2)  Evaluation criteria and scoring procedures must
2221	provide for an appropriate ranking based on the proportionate
2222	impact that projects have on a rural area when compared with
2223	similar project impacts on an urban area.
2224	(3)  Evaluation criteria and scoring procedures must
2225	recognize the disparity of available fiscal resources for an
2226	equal level of financial support from an urban county and a
2227	rural county.
2228	(a)  The evaluation criteria should weight contribution in
2229	proportion to the amount of funding available at the local
2230	level.
2231	(b)  In-kind match should be allowed and applied as
2232	financial match when a county is experiencing financial distress
2233	through elevated unemployment at a rate in excess of the state's
2234	average by 5 percentage points or because of the loss of its ad
2235	valorem base.
2236	(4)  For existing programs, the modified evaluation
2237	criteria and scoring procedure must be delivered to the Office
2238	of Tourism, Trade, and Economic Development for distribution to
2239	the REDI agencies and organizations. The REDI agencies and
2240	organizations shall review and make comments. Future rules,
2241	programs, evaluation criteria, and scoring processes must be
2242	brought before a REDI meeting for review, discussion, and
2243	recommendation to allow rural counties fuller access to the
2244	state's resources.
2245	Section 27.  Paragraph (d) of subsection (15) of section
2246	627.6699, Florida Statutes, is amended to read:
2247	627.6699  Employee Health Care Access Act.--
2248	(15)  SMALL EMPLOYERS ACCESS PROGRAM.--
2249	(d)  Eligibility.--
2250	1.  Any small employer that is actively engaged in
2251	business, has its principal place of business in this state,
2252	employs up to 25 eligible employees on business days during the
2253	preceding calendar year, employs at least 2 employees on the
2254	first day of the plan year, and has had no prior coverage for
2255	the last 6 months may participate.
2256	2.  Any municipality, county, school district, or hospital
2257	employer located in a rural community as defined in s.
2258	288.0656(2)(b) may participate.
2259	3.  Nursing home employers may participate.
2260	4.  Each dependent of a person eligible for coverage is
2261	also eligible to participate.
2262
2263	Any employer participating in the program must do so until the
2264	end of the term for which the carrier providing the coverage is
2265	obligated to provide such coverage to the program. Coverage for
2266	a small employer group that ceases to meet the eligibility
2267	requirements of this section may be terminated at the end of the
2268	policy period for which the necessary premiums have been paid.
2269	Section 28.  This act shall take effect July 1, 2009.

CODING: Words stricken are deletions; words underlined are additions.