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

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