CS/CS/HB 7031

1	A bill to be entitled
2	An act relating to economic development; amending s.
3	288.1089, F.S.; defining the terms "commission," "industry
4	wage," "naming opportunities," and "net royalty revenues";
5	expanding the definition of "project" to include
6	alternative and renewable energy applicants; requiring
7	that an application for an incentive award include certain
8	information; authorizing the waiver or reduction of
9	requirements relating to matching funds for alternative
10	and renewable energy projects; requiring that Enterprise
11	Florida, Inc., evaluate proposals for all categories of
12	innovation incentive awards and solicit comments from the
13	Florida Energy and Climate Commission before making its
14	recommendations; providing requirements for such
15	evaluations and recommendations; providing additional
16	criteria for a research and development facility; deleting
17	qualifying criteria for alternative and renewable energy
18	projects; creating additional evaluation criteria for
19	alternative and renewable energy projects; requiring that
20	the Executive Office of the Governor release funds upon
21	review and approval of an award by the Legislative Budget
22	Commission; requiring the Office of Tourism, Trade, and
23	Economic Development and the recipient of an award to
24	enter into a contract setting forth conditions for the
25	payment of incentive funds; requiring that such agreement
26	include certain provisions; requiring that agreements
27	signed after a specified date contain certain additional
28	provisions; requiring that Enterprise Florida, Inc.,
29	submit a report containing certain information within a
30	specified period after the conclusion of such agreement to
31	the Governor, the President of the Senate, and the Speaker
32	of the House of Representatives; requiring that each
33	recipient of an award comply with certain business ethics
34	standards developed by Enterprise Florida, Inc.; deleting
35	provisions authorizing Enterprise Florida, Inc., to
36	collaborate with the State University System in reviewing
37	and evaluating business ethics standards; requiring that
38	the office submit to the Governor, the President of the
39	Senate, and the Speaker of the House of Representatives a
40	report containing certain information; specifying a date
41	on which the office shall begin submitting such reports;
42	requiring that the Office of Program Policy Analysis and
43	Government Accountability and the Office of the Auditor
44	General submit a report; requiring that such reports be
45	submitted at specified intervals; requiring that such
46	reports include certain information; authorizing the
47	office to seek the assistance of certain government
48	entities for certain purposes; amending s. 166.231, F.S.;
49	revising industry code designations; providing a
50	definition; amending s. 212.05, F.S.; extending the time
51	nonresident purchasers have to remove a boat from the
52	state after purchase; providing for an extension decal to
53	be issued by a dealer; imposing a decal cost; revising
54	industry code designations; amending s. 212.097, F.S.;
55	specifying a review and certification requirement for the
56	urban high crime area job tax credit applications;
57	amending s. 212.098, F.S.; revising the definition for
58	"qualified area"; amending s. 213.053, F.S.; granting the
59	Office of Tourism, Trade, and Economic Development access
60	to certain confidential and exempt records held by the
61	Department of Revenue and related to certain tax incentive
62	and tax refund programs; amending s. 220.15, F.S.;
63	revising industry code designations; providing a
64	definition; amending s. 220.191, F.S.; specifying a review
65	and certification requirement for capital investment tax
66	credit applications; creating s. 288.061, F.S.; providing
67	requirements and procedures for an economic development
68	incentive application process; providing time periods and
69	requirements for certification for economic development
70	incentive applications; providing duties and
71	responsibilities of Enterprise Florida, Inc., and the
72	Office of Tourism, Trade, and Economic Development;
73	amending s. 288.063, F.S.; revising required criteria for
74	review and certification of transportation projects by the
75	Office of Tourism, Trade, and Economic Development;
76	amending s. 288.065, F.S.; revising county population
77	criteria for loans from the Rural Community Development
78	Revolving Loan Fund; amending s. 288.0655, F.S.;
79	authorizing the Office of Tourism, Trade, and Economic
80	Development to award grants for a certain percentage of
81	total infrastructure project costs for certain catalyst
82	site funding applications; expanding eligible facilities
83	for authorized infrastructure projects; providing for
84	waiver of the local matching requirement; specifying a
85	review and certification requirement for the office for
86	certain Rural Infrastructure Fund grant applications;
87	amending s. 288.0656, F.S.; providing legislative intent;
88	revising and providing definitions; providing additional
89	review and action requirements for the Rural Economic
90	Development Initiative relating to rural communities;
91	revising representation on the initiative; deleting a
92	limitation on characterization as a rural area of critical
93	economic concern; authorizing rural areas of critical
94	economic concern to designate certain catalyst projects
95	for certain purposes; providing project requirements;
96	revising certain reporting requirements for the
97	initiative; amending s. 288.06561, F.S., conforming cross-
98	references; amending s. 288.0657, F.S.; revising the
99	definition of the term "rural community"; amending s.
100	288.1045, F.S.; revising provisions relating to the
101	application and refund process for the qualified defense
102	contractor tax refund program; specifying a review and
103	certification requirement for program refunds; revising
104	the cap on refunds per applicant; deleting a report
105	requirement; amending s. 288.106, F.S.; revising certain
106	definitions; revising industry code designation
107	requirements for certain activities under the tax refund
108	program for qualified target industry businesses; revising
109	program application and approval process provisions;
110	specifying a review and certification requirement for
111	program applications; revising tax refund agreement
112	requirements; revising an economic-stimulus exemption
113	request provision; extending a final date for exemption
114	requests; extending a certification expiration provision;
115	amending s. 288.107, F.S.; revising a definition; revising
116	criteria for participation in brownfield redevelopment
117	bonus refunds; specifying a review and certification
118	requirement for brownfield redevelopment bonus refund
119	applications; amending s. 288.108, F.S.; specifying a
120	review and certification requirement for applications for
121	high-impact business performance grants; deleting certain
122	final order and report requirements; amending s. 288.1088,
123	F.S.; specifying a review requirement for Quick Action
124	Closing Fund project applications; providing a time period
125	for the director to recommend approval or disapproval of a
126	project for receipt of funds from the Quick Action Closing
127	Fund; amending ss. 257.193, 288.019, and 627.6699, F.S.;
128	conforming cross-references; amending s. 288.9015, F.S.;
129	specifying that Enterprise Florida, Inc., is responsible
130	for responding to inquiries related to the state's
131	business incentives and opportunities; amending s.
132	288.9622, F.S.; expanding the types of investments that
133	may be made by the Florida Opportunity Fund; amending s.
134	288.9624, F.S.; providing a limitation on how the
135	originally appropriated funds may be invested; allowing
136	the Florida Opportunity Fund to form or create other
137	entities for investment purposes; revising a reporting
138	requirement; amending s. 443.1715, F.S.; allowing
139	disclosure of certain confidential unemployment
140	compensation data to the Office of Tourism, Trade, and
141	Economic Development; providing an effective date.
142
143	Be It Enacted by the Legislature of the State of Florida:
144
145	Section 1.  Subsections (1), (2), and (3), paragraph (d) of
146	subsection (4), and subsections (5), (7), (8), (9), and (10) of
147	section 288.1089, Florida Statutes, are amended, and subsections
148	(11) and (12) are added to that section, to read:
149	288.1089  Innovation Incentive Program.--
150	(1)  The Innovation Incentive Program is created within the
151	Office of Tourism, Trade, and Economic Development to ensure
152	that sufficient resources are available to allow the state to
153	respond expeditiously to extraordinary economic opportunities
154	and to compete effectively for high-value research and
155	development, and innovation business, and alternative and
156	renewal energy projects.
157	(2)  As used in this section, the term:
158	(a)  "Alternative and renewable energy" means electrical,
159	mechanical, or thermal energy produced from a method that uses
160	one or more of the following fuels or energy sources: ethanol,
161	cellulosic ethanol, biobutanol, biodiesel, biomass, biogas,
162	hydrogen fuel cells, ocean energy, hydrogen, solar, hydro, wind,
163	or geothermal.
164	(b)  "Average private sector wage" means the statewide
165	average wage in the private sector or the average of all private
166	sector wages in the county or in the standard metropolitan area
167	in which the project is located as determined by the Agency for
168	Workforce Innovation.
169	(c)  "Brownfield area" means an area designated as a
170	brownfield area pursuant to s. 376.80.
171	(d)  "Commission" means the Florida Energy and Climate
172	Commission.
173	(e)(d)  "Cumulative investment" means cumulative capital
174	investment and all eligible capital costs, as defined in s.
175	220.191.
176	(f)(e)  "Director" means the director of the Office of
177	Tourism, Trade, and Economic Development.
178	(g)(f)  "Enterprise zone" means an area designated as an
179	enterprise zone pursuant to s. 290.0065.
180	(h)(g)  "Fiscal year" means the state fiscal year.
181	(i)  "Industry wage" means the average annual wage paid to
182	employees in a particular industry, as designated by the North
183	American Industry Classification System (NAICS), and compiled by
184	the Bureau of Labor Statistics of the United States Department
185	of Labor.
186	(j)(h)  "Innovation business" means a business expanding or
187	locating in this state that is likely to serve as a catalyst for
188	the growth of an existing or emerging technology cluster or will
189	significantly impact the regional economy in which it is to
190	expand or locate.
191	(k)(i)  "Jobs" means full-time equivalent positions, as
192	that term is consistent with terms used by the Agency for
193	Workforce Innovation and the United States Department of Labor
194	for purposes of unemployment compensation tax administration and
195	employment estimation, resulting directly from a project in this
196	state. The term does not include temporary construction jobs.
197	(l)  "Naming opportunities" means charitable donations from
198	any person or entity in consideration for the right to have all
199	or a portion of the facility named for or in the memory of any
200	person, living or dead, or for any entity.
201	(m)  "Net royalty revenues" means all royalty revenues less
202	the cost of obtaining, maintaining, and enforcing related patent
203	and intellectual property rights, both foreign and domestic.
204	(n)(j)  "Match" means funding from local sources, public or
205	private, which will be paid to the applicant and which is equal
206	to 100 percent of an award. Eligible match funding may include
207	any tax abatement granted to the applicant under s. 196.1995 or
208	the appraised market value of land, buildings, infrastructure,
209	or equipment conveyed or provided at a discount to the
210	applicant. Complete documentation of a match payment or other
211	conveyance must be presented to and verified by the office prior
212	to transfer of state funds to an applicant. An applicant may not
213	provide, directly or indirectly, more than 5 percent of match
214	funding in any fiscal year. The sources of such funding may not
215	include, directly or indirectly, state funds appropriated from
216	the General Revenue Fund or any state trust fund, excluding tax
217	revenues shared with local governments pursuant to law.
218	(o)(k)  "Office" means the Office of Tourism, Trade, and
219	Economic Development.
220	(p)(l)  "Project" means the location to or expansion in
221	this state by an innovation business, a or research and
222	development applicant, or an alternative and renewable energy
223	applicant approved for an award pursuant to this section.
224	(q)(m)  "Research and development" means basic and applied
225	research in the sciences or engineering, as well as the design,
226	development, and testing of prototypes or processes of new or
227	improved products. Research and development does not include
228	market research, routine consumer product testing, sales
229	research, research in the social sciences or psychology,
230	nontechnological activities, or technical services.
231	(r)(n)  "Research and development facility" means a
232	facility that is predominately engaged in research and
233	development activities. For purposes of this paragraph, the term
234	"predominantly" means at least 51 percent of the time.
235	(s)(o)  "Rural area" means a rural city, rural community,
236	or rural county as defined in s. 288.106.
237	(3)  To be eligible for consideration for an innovation
238	incentive award, an innovation business, a or research and
239	development entity, or an alternative and renewable energy
240	company project must submit a written application to Enterprise
241	Florida, Inc., before making a decision to locate new operations
242	in this state or expand an existing operation in this state. The
243	application must include, but not be limited to:
244	(a)  The applicant's federal employer identification
245	number, unemployment account number, and state sales tax
246	registration number. If such numbers are not available at the
247	time of application, they must be submitted to the office in
248	writing prior to the disbursement of any payments under this
249	section.
250	(b)  The location in this state at which the project is
251	located or is to be located.
252	(c)  A description of the type of business activity,
253	product, or research and development undertaken by the
254	applicant, including six-digit North American Industry
255	Classification System codes for all activities included in the
256	project.
257	(d)  The applicant's projected investment in the project.
258	(e)  The total investment, from all sources, in the
259	project.
260	(f)  The number of net new full-time equivalent jobs in
261	this state the applicant anticipates having created as of
262	December 31 of each year in the project and the average annual
263	wage of such jobs.
264	(g)  The total number of full-time equivalent employees
265	currently employed by the applicant in this state, if
266	applicable.
267	(h)  The anticipated commencement date of the project.
268	(i)  A detailed explanation of why the innovation incentive
269	is needed to induce the applicant to expand or locate in the
270	state and whether an award would cause the applicant to locate
271	or expand in this state.
272	(j)  If applicable, an estimate of the proportion of the
273	revenues resulting from the project that will be generated
274	outside this state.
275	(4)  To qualify for review by the office, the applicant
276	must, at a minimum, establish the following to the satisfaction
277	of Enterprise Florida, Inc., and the office:
278	(d)  For an alternative and renewable energy project in
279	this state, the project must:
280	1.  Demonstrate a plan for significant collaboration with
281	an institution of higher education;
282	2.  Provide the state, at a minimum, a break-even return on
283	investment within a 20-year period;
284	3.  Include matching funds provided by the applicant or
285	other available sources. The match requirement may be reduced or
286	waived in rural areas of critical economic concern or reduced in
287	rural areas, brownfield areas, and enterprise zones This
288	requirement may be waived if the office and the department
289	determine that the merits of the individual project or the
290	specific circumstances warrant such action;
291	4.  Be located in this state; and
292	5.  Provide at least 35 direct, new jobs that pay an
293	estimated annual average wage that equals at least 130 percent
294	of the average private sector wage. The average wage requirement
295	may be waived if the office and the commission determine that
296	the merits of the individual project or the specific
297	circumstances warrant such action; and
298	6.  Meet one of the following criteria:
299	a.  Result in the creation of at least 35 direct, new jobs
300	at the business.
301	b.  Have an activity or product that uses feedstock or
302	other raw materials grown or produced in this state.
303	c.  Have a cumulative investment of at least $50 million
304	within a 5-year period.
305	d.  Address the technical feasibility of the technology,
306	and the extent to which the proposed project has been
307	demonstrated to be technically feasible based on pilot project
308	demonstrations, laboratory testing, scientific modeling, or
309	engineering or chemical theory that supports the proposal.
310	e.  Include innovative technology and the degree to which
311	the project or business incorporates an innovative new
312	technology or an innovative application of an existing
313	technology.
314	f.  Include production potential and the degree to which a
315	project or business generates thermal, mechanical, or electrical
316	energy by means of a renewable energy resource that has
317	substantial long-term production potential. The project must, to
318	the extent possible, quantify annual production potential in
319	megawatts or kilowatts.
320	g.  Include and address energy efficiency and the degree to
321	which a project demonstrates efficient use of energy, water, and
322	material resources.
323	h.  Include project management and the ability of
324	management to administer and complete the business project.
325	(5)  Enterprise Florida, Inc., shall evaluate proposals for
326	all three categories of innovation incentive awards and transmit
327	recommendations for awards to the office. Before making its
328	recommendations on alternative and renewable energy projects,
329	Enterprise Florida, Inc., shall solicit comments and
330	recommendations from the Florida Energy and Climate Commission
331	for alternative and renewable energy project proposals. For each
332	project, the Such evaluation and recommendation to the office
333	must include, but need not be limited to:
334	(a)  A description of the project, its required facilities,
335	and the associated product, service, or research and development
336	associated with the project.
337	(b)  The percentage of match provided for the project.
338	(c)  The number of full-time equivalent jobs that will be
339	created by the project, the total estimated average annual wages
340	of such jobs, and the types of business activities and jobs
341	likely to be stimulated by the project.
342	(d)  The cumulative investment to be dedicated to the
343	project within 5 years and the total investment expected in the
344	project if more than 5 years.
345	(e)  The projected economic and fiscal impacts on the local
346	and state economies relative to investment.
347	(f)  A statement of any special impacts the project is
348	expected to stimulate in a particular business sector in the
349	state or regional economy or in the state's universities and
350	community colleges.
351	(g)  A statement of any anticipated or proposed
352	relationships with state universities.
353	(h)  A statement of the role the incentive is expected to
354	play in the decision of the applicant to locate or expand in
355	this state.
356	(i)  A recommendation and explanation of the amount of the
357	award needed to cause the applicant to expand or locate in this
358	state.
359	(j)  A discussion of the efforts and commitments made by
360	the local community in which the project is to be located to
361	induce the applicant's location or expansion, taking into
362	consideration local resources and abilities.
363	(k)  A recommendation for specific performance criteria the
364	applicant would be expected to achieve in order to receive
365	payments from the fund and penalties or sanctions for failure to
366	meet or maintain performance conditions.
367	(l)  Additional evaluative criteria for a research and
368	development facility project, including:
369	1.  A description of the extent to which the project has
370	the potential to serve as catalyst for an emerging or evolving
371	cluster.
372	2.  A description of the extent to which the project has or
373	could have a long-term collaborative research and development
374	relationship with one or more universities or community colleges
375	in this state.
376	3.  A description of the existing or projected impact of
377	the project on established clusters or targeted industry
378	sectors.
379	4.  A description of the project's contribution to the
380	diversity and resiliency of the innovation economy of this
381	state.
382	5.  A description of the project's impact on special needs
383	communities, including, but not limited to, rural areas,
384	distressed urban areas, and enterprise zones.
385	(m)  Additional evaluative criteria for alternative and
386	renewable energy proposals, including:
387	1.  The availability of matching funds or other in-kind
388	contributions applied to the total project from an applicant.
389	The commission shall give greater preference to projects that
390	provide such matching funds or other in-kind contributions.
391	2.  The degree to which the project stimulates in-state
392	capital investment and economic development in metropolitan and
393	rural areas, including the creation of jobs and the future
394	development of a commercial market for renewable energy
395	technologies.
396	3.  The extent to which the proposed project has been
397	demonstrated to be technically feasible based on pilot project
398	demonstrations, laboratory testing, scientific modeling, or
399	engineering or chemical theory that supports the proposal.
400	4.  The degree to which the project incorporates an
401	innovative new technology or an innovative application of an
402	existing technology.
403	5.  The degree to which a project generates thermal,
404	mechanical, or electrical energy by means of a renewable energy
405	resource that has substantial long-term production potential.
406	6.  The degree to which a project demonstrates efficient
407	use of energy and material resources.
408	7.  The degree to which the project fosters overall
409	understanding and appreciation of renewable energy technologies.
410	8.  The ability to administer a complete project.
411	9.  Project duration and timeline for expenditures.
412	10.  The geographic area in which the project is to be
413	conducted in relation to other projects.
414	11.  The degree of public visibility and interaction.
415	(7)  Upon receipt of the evaluation and recommendation from
416	Enterprise Florida, Inc., and from the Florida Energy and
417	Climate Commission for alternative and renewable energy project
418	proposals, the director shall recommend to the Governor the
419	approval or disapproval of an award. In recommending approval of
420	an award, the director shall include proposed performance
421	conditions that the applicant must meet in order to obtain
422	incentive funds and any other conditions that must be met before
423	the receipt of any incentive funds. The Governor shall consult
424	with the President of the Senate and the Speaker of the House of
425	Representatives before giving approval for an award. Upon review
426	and approval of an award by the Legislative Budget Commission,
427	the Executive Office of the Governor shall release the funds
428	pursuant to the legislative consultation and review requirements
429	set forth in s. 216.177.
430	(8)(a)  After the conditions Upon approval by the Governor
431	and release of the funds as set forth in subsection (7) have
432	been met, the director shall issue a letter certifying the
433	applicant as qualified for an award. The office and the award
434	recipient applicant shall enter into an agreement that sets
435	forth the conditions for payment of the incentive funds
436	incentives. The agreement must include, at a minimum:
437	1.  The total amount of funds awarded.;
438	2.  The performance conditions that must be met in order to
439	obtain the award or portions of the award, including, but not
440	limited to, net new employment in the state, average wage, and
441	total cumulative investment.;
442	3.  Demonstration of a baseline of current service and a
443	measure of enhanced capability.;
444	4.  The methodology for validating performance.;
445	5.  The schedule of payments.; and
446	6.  Sanctions for failure to meet performance conditions,
447	including any clawback provisions.
448	(b)  Additionally, agreements signed on or after July 1,
449	2009, must include the following provisions:
450	1.  Notwithstanding subsection (4), a requirement that the
451	jobs created by the recipient of the incentive funds pay an
452	annual average wage at least equal to the relevant industry's
453	annual average wage or at least 130 percent of the average
454	private-sector wage, whichever is greater.
455	2.  A reinvestment requirement. Each recipient of an award
456	shall reinvest up to 15 percent of net royalty revenues,
457	including revenues from spin-off companies and the revenues from
458	the sale of stock it receives from the licensing or transfer of
459	inventions, methods, processes, and other patentable discoveries
460	conceived or reduced to practice using its facilities in Florida
461	or its Florida-based employees, in whole or in part, and to
462	which the recipient of the grant becomes entitled during the 20
463	years following the effective date of its agreement with the
464	office. Each recipient of an award also shall reinvest up to 15
465	percent of the gross revenues it receives from naming
466	opportunities associated with any facility it builds in this
467	state. Reinvestment payments shall commence no later than 6
468	months after the recipient of the grant has received the final
469	disbursement under the contract and shall continue until the
470	maximum reinvestment, as specified in the contract, has been
471	paid. Reinvestment payments shall be remitted to the office for
472	deposit in the Biomedical Research Trust Fund for companies
473	specializing in biomedicine or life sciences, or in the Economic
474	Development Trust Fund for companies specializing in fields
475	other than biomedicine or the life sciences. If these trust
476	funds no longer exist at the time of the reinvestment, the
477	state's share of reinvestment shall be deposited in their
478	successor trust funds as determined by law. Each recipient of an
479	award shall annually submit a schedule of the shares of stock
480	held by it as payment of the royalty required by this paragraph
481	and report on any trades or activity concerning such stock. Each
482	recipient's reinvestment obligations survive the expiration or
483	termination of its agreement with the state.
484	3.  Requirements for the establishment of internship
485	programs or other learning opportunities for educators and
486	secondary, postsecondary, graduate, and doctoral students.
487	4.  A requirement that the recipient submit quarterly
488	reports and annual reports related to activities and performance
489	to the office, according to standardized reporting periods.
490	5.  A requirement for an annual accounting to the office of
491	the expenditure of funds disbursed under this section.
492	6.  A process for amending the agreement.
493	(9)  Enterprise Florida, Inc., shall assist the office in
494	validating the performance of an innovation business, a or
495	research and development facility, or an alternative and
496	renewable energy business that has received an award. At the
497	conclusion of the innovation incentive award agreement, or its
498	earlier termination, Enterprise Florida, Inc., shall, within 90
499	days, submit a report the results of the innovation incentive
500	award to the Governor, the President of the Senate, and the
501	Speaker of the House of Representatives detailing whether the
502	recipient of the innovation incentive grant achieved its
503	specified outcomes.
504	(10)  Each recipient of an award shall comply with
505	Enterprise Florida, Inc., shall develop business ethics
506	standards developed by Enterprise Florida, Inc., which are based
507	on appropriate best industry practices which shall be applicable
508	to all award recipients. The standards shall address ethical
509	duties of business enterprises, fiduciary responsibilities of
510	management, and compliance with the laws of this state.
511	Enterprise Florida, Inc., may collaborate with the State
512	University System in reviewing and evaluating appropriate
513	business ethics standards. Such standards shall be provided to
514	the Governor, the President of the Senate, and the Speaker of
515	the House of Representatives by December 31, 2006. An award
516	agreement entered into on or after December 31, 2006, shall
517	require a recipient to comply with the business ethics standards
518	developed pursuant to this section.
519	(11)(a)  Beginning January 5, 2010, and every year
520	thereafter, the office shall submit to the Governor, the
521	President of the Senate, and the Speaker of the House of
522	Representatives a report summarizing the activities and
523	accomplishments of the recipients of grants from the Innovation
524	Incentive Program during the previous 12 months and an
525	evaluation by the office of whether the recipients are catalysts
526	for additional direct and indirect economic development in
527	Florida.
528	(b)  Beginning March 1, 2010, and every third year
529	thereafter, the Office of Program Policy Analysis and Government
530	Accountability, in consultation with the Auditor General's
531	Office, shall release a report evaluating the Innovation
532	Incentive Program's progress toward creating clusters of high-
533	wage, high-skilled, complementary industries that serve as
534	catalysts for economic growth specifically in the regions in
535	which they are located, and generally for the state as a whole.
536	Such report should include critical analyses of quarterly and
537	annual reports, annual audits, and other documents prepared by
538	the Innovation Incentive program awardees; relevant economic
539	development reports prepared by the office, Enterprise Florida,
540	Inc., and local or regional economic development organizations;
541	interviews with the parties involved; and any other relevant
542	data. Such report should also include legislative
543	recommendations, if necessary, on how to improve the Innovation
544	Incentive Program so that the program reaches its anticipated
545	potential as a catalyst for direct and indirect economic
546	development in this state.
547	(12)  The office may seek the assistance of the Office of
548	Program Policy Analysis and Government Accountability, the
549	Legislature's Office of Economic and Demographic Research, and
550	other entities for the purpose of developing performance
551	measures or techniques to quantify the synergistic economic
552	development impacts that awardees of grants are having within
553	their communities.
554	Section 2.  Subsection (6) of section 166.231, Florida
555	Statutes, is amended to read:
556	166.231  Municipalities; public service tax.--
557	(6)  A municipality may exempt from the tax imposed by this
558	section any amount up to, and including, the total amount of
559	electricity, metered natural gas, liquefied petroleum gas either
560	metered or bottled, or manufactured gas either metered or
561	bottled purchased per month, or reduce the rate of taxation on
562	the purchase of such electricity or gas when purchased by an
563	industrial consumer which uses the electricity or gas directly
564	in industrial manufacturing, processing, compounding, or a
565	production process, at a fixed location in the municipality, of
566	items of tangible personal property for sale. The municipality
567	shall establish the requirements for qualification for this
568	exemption in the manner prescribed by ordinance. Possession by a
569	seller of a written certification by the purchaser, certifying
570	the purchaser's entitlement to an exemption permitted by this
571	subsection, relieves the seller from the responsibility of
572	collecting the tax on the nontaxable amounts, and the
573	municipality shall look solely to the purchaser for recovery of
574	such tax if it determines that the purchaser was not entitled to
575	the exemption. Any municipality granting an exemption pursuant
576	to this subsection shall grant the exemption to all companies
577	classified in the same five-digit NAICS SIC Industry Major Group
578	Number. As used in this subsection, "NAICS" means those
579	classifications contained in the North American Industry
580	Classification System, as published in 2007 by the Office of
581	Management and Budget, Executive Office of the President.
582	Section 3.  Paragraphs (a) and (i) of subsection (1) of
583	section 212.05, Florida Statutes, are amended to read:
584	212.05  Sales, storage, use tax. --It is hereby declared to
585	be the legislative intent that every person is exercising a
586	taxable privilege who engages in the business of selling
587	tangible personal property at retail in this state, including
588	the business of making mail order sales, or who rents or
589	furnishes any of the things or services taxable under this
590	chapter, or who stores for use or consumption in this state any
591	item or article of tangible personal property as defined herein
592	and who leases or rents such property within the state.
593	(1)  For the exercise of such privilege, a tax is levied on
594	each taxable transaction or incident, which tax is due and
595	payable as follows:
596	(a)1.a.  At the rate of 6 percent of the sales price of
597	each item or article of tangible personal property when sold at
598	retail in this state, computed on each taxable sale for the
599	purpose of remitting the amount of tax due the state, and
600	including each and every retail sale.
601	b.  Each occasional or isolated sale of an aircraft, boat,
602	mobile home, or motor vehicle of a class or type which is
603	required to be registered, licensed, titled, or documented in
604	this state or by the United States Government shall be subject
605	to tax at the rate provided in this paragraph. The department
606	shall by rule adopt any nationally recognized publication for
607	valuation of used motor vehicles as the reference price list for
608	any used motor vehicle which is required to be licensed pursuant
609	to s. 320.08(1), (2), (3)(a), (b), (c), or (e), or (9). If any
610	party to an occasional or isolated sale of such a vehicle
611	reports to the tax collector a sales price which is less than 80
612	percent of the average loan price for the specified model and
613	year of such vehicle as listed in the most recent reference
614	price list, the tax levied under this paragraph shall be
615	computed by the department on such average loan price unless the
616	parties to the sale have provided to the tax collector an
617	affidavit signed by each party, or other substantial proof,
618	stating the actual sales price. Any party to such sale who
619	reports a sales price less than the actual sales price is guilty
620	of a misdemeanor of the first degree, punishable as provided in
621	s. 775.082 or s. 775.083. The department shall collect or
622	attempt to collect from such party any delinquent sales taxes.
623	In addition, such party shall pay any tax due and any penalty
624	and interest assessed plus a penalty equal to twice the amount
625	of the additional tax owed. Notwithstanding any other provision
626	of law, the Department of Revenue may waive or compromise any
627	penalty imposed pursuant to this subparagraph.
628	2.  This paragraph does not apply to the sale of a boat or
629	aircraft by or through a registered dealer under this chapter to
630	a purchaser who, at the time of taking delivery, is a
631	nonresident of this state, does not make his or her permanent
632	place of abode in this state, and is not engaged in carrying on
633	in this state any employment, trade, business, or profession in
634	which the boat or aircraft will be used in this state, or is a
635	corporation none of the officers or directors of which is a
636	resident of, or makes his or her permanent place of abode in,
637	this state, or is a noncorporate entity that has no individual
638	vested with authority to participate in the management,
639	direction, or control of the entity's affairs who is a resident
640	of, or makes his or her permanent abode in, this state. For
641	purposes of this exemption, either a registered dealer acting on
642	his or her own behalf as seller, a registered dealer acting as
643	broker on behalf of a seller, or a registered dealer acting as
644	broker on behalf of the purchaser may be deemed to be the
645	selling dealer. This exemption shall not be allowed unless:
646	a.  The purchaser removes a qualifying boat, as described
647	in sub-subparagraph f., from the state within 90 days after the
648	date of purchase or extension, or the purchaser removes a
649	nonqualifying boat or an aircraft from this state within 10 days
650	after the date of purchase or, when the boat or aircraft is
651	repaired or altered, within 20 days after completion of the
652	repairs or alterations;
653	b.  The purchaser, within 30 days from the date of
654	departure, shall provide the department with written proof that
655	the purchaser licensed, registered, titled, or documented the
656	boat or aircraft outside the state. If such written proof is
657	unavailable, within 30 days the purchaser shall provide proof
658	that the purchaser applied for such license, title,
659	registration, or documentation. The purchaser shall forward to
660	the department proof of title, license, registration, or
661	documentation upon receipt.
662	c.  The purchaser, within 10 days of removing the boat or
663	aircraft from Florida, shall furnish the department with proof
664	of removal in the form of receipts for fuel, dockage, slippage,
665	tie-down, or hangaring from outside of Florida. The information
666	so provided must clearly and specifically identify the boat or
667	aircraft;
668	d.  The selling dealer, within 5 days of the date of sale,
669	shall provide to the department a copy of the sales invoice,
670	closing statement, bills of sale, and the original affidavit
671	signed by the purchaser attesting that he or she has read the
672	provisions of this section;
673	e.  The seller makes a copy of the affidavit a part of his
674	or her record for as long as required by s. 213.35; and
675	f.  Unless the nonresident purchaser of a boat of 5 net
676	tons of admeasurement or larger intends to remove the boat from
677	this state within 10 days after the date of purchase or when the
678	boat is repaired or altered, within 20 days after completion of
679	the repairs or alterations, the nonresident purchaser shall
680	apply to the selling dealer for a decal which authorizes 90 days
681	after the date of purchase for removal of the boat. The
682	nonresident purchaser of a qualifying boat may apply to the
683	selling dealer within 60 days after the date of purchase for an
684	extension decal that authorizes the boat to remain in this state
685	for an additional 90 days, but not more than a total of 180
686	days, before the nonresident purchaser is required to pay the
687	tax imposed by this chapter. The department is authorized to
688	issue decals in advance to dealers. The number of decals issued
689	in advance to a dealer shall be consistent with the volume of
690	the dealer's past sales of boats which qualify under this sub-
691	subparagraph. The selling dealer or his or her agent shall mark
692	and affix the decals to qualifying boats in the manner
693	prescribed by the department, prior to delivery of the boat.
694	(I)  The department is hereby authorized to charge dealers
695	a fee sufficient to recover the costs of decals issued, except
696	the extension decal shall cost $425.
697	(II)  The proceeds from the sale of decals will be
698	deposited into the administrative trust fund.
699	(III)  Decals shall display information to identify the
700	boat as a qualifying boat under this sub-subparagraph,
701	including, but not limited to, the decal's date of expiration.
702	(IV)  The department is authorized to require dealers who
703	purchase decals to file reports with the department and may
704	prescribe all necessary records by rule. All such records are
705	subject to inspection by the department.
706	(V)  Any dealer or his or her agent who issues a decal
707	falsely, fails to affix a decal, mismarks the expiration date of
708	a decal, or fails to properly account for decals will be
709	considered prima facie to have committed a fraudulent act to
710	evade the tax and will be liable for payment of the tax plus a
711	mandatory penalty of 200 percent of the tax, and shall be liable
712	for fine and punishment as provided by law for a conviction of a
713	misdemeanor of the first degree, as provided in s. 775.082 or s.
714	775.083.
715	(VI)  Any nonresident purchaser of a boat who removes a
716	decal prior to permanently removing the boat from the state, or
717	defaces, changes, modifies, or alters a decal in a manner
718	affecting its expiration date prior to its expiration, or who
719	causes or allows the same to be done by another, will be
720	considered prima facie to have committed a fraudulent act to
721	evade the tax and will be liable for payment of the tax plus a
722	mandatory penalty of 200 percent of the tax, and shall be liable
723	for fine and punishment as provided by law for a conviction of a
724	misdemeanor of the first degree, as provided in s. 775.082 or s.
725	775.083.
726	(VII)  The department is authorized to adopt rules
727	necessary to administer and enforce this subparagraph and to
728	publish the necessary forms and instructions.
729	(VIII)  The department is hereby authorized to adopt
730	emergency rules pursuant to s. 120.54(4) to administer and
731	enforce the provisions of this subparagraph.
732
733	If the purchaser fails to remove the qualifying boat from
734	this state within the maximum 180 90 days after purchase or a
735	nonqualifying boat or an aircraft from this state within 10 days
736	after purchase or, when the boat or aircraft is repaired or
737	altered, within 20 days after completion of such repairs or
738	alterations, or permits the boat or aircraft to return to this
739	state within 6 months from the date of departure, or if the
740	purchaser fails to furnish the department with any of the
741	documentation required by this subparagraph within the
742	prescribed time period, the purchaser shall be liable for use
743	tax on the cost price of the boat or aircraft and, in addition
744	thereto, payment of a penalty to the Department of Revenue equal
745	to the tax payable. This penalty shall be in lieu of the penalty
746	imposed by s. 212.12(2) and is mandatory and shall not be waived
747	by the department. The maximum 180-day 90-day period following
748	the sale of a qualifying boat tax-exempt to a nonresident may
749	not be tolled for any reason. Notwithstanding other provisions
750	of this paragraph to the contrary, an aircraft purchased in this
751	state under the provisions of this paragraph may be returned to
752	this state for repairs within 6 months after the date of its
753	departure without being in violation of the law and without
754	incurring liability for the payment of tax or penalty on the
755	purchase price of the aircraft if the aircraft is removed from
756	this state within 20 days after the completion of the repairs
757	and if such removal can be demonstrated by invoices for fuel,
758	tie-down, hangar charges issued by out-of-state vendors or
759	suppliers, or similar documentation.
760	(i)1.  At the rate of 6 percent on charges for all:
761	a.  Detective, burglar protection, and other protection
762	services (NAICS National SIC Industry Numbers 561611, 561612,
763	561613, 7381 and 561621 7382). Any law enforcement officer, as
764	defined in s. 943.10, who is performing approved duties as
765	determined by his or her local law enforcement agency in his or
766	her capacity as a law enforcement officer, and who is subject to
767	the direct and immediate command of his or her law enforcement
768	agency, and in the law enforcement officer's uniform as
769	authorized by his or her law enforcement agency, is performing
770	law enforcement and public safety services and is not performing
771	detective, burglar protection, or other protective services, if
772	the law enforcement officer is performing his or her approved
773	duties in a geographical area in which the law enforcement
774	officer has arrest jurisdiction. Such law enforcement and public
775	safety services are not subject to tax irrespective of whether
776	the duty is characterized as "extra duty," "off-duty," or
777	"secondary employment," and irrespective of whether the officer
778	is paid directly or through the officer's agency by an outside
779	source. The term "law enforcement officer" includes full-time or
780	part-time law enforcement officers, and any auxiliary law
781	enforcement officer, when such auxiliary law enforcement officer
782	is working under the direct supervision of a full-time or part-
783	time law enforcement officer.
784	b.  Nonresidential cleaning and nonresidential pest control
785	services (NAICS National Numbers 561710 and 561720 SIC Industry
786	Group Number 734).
787	2.  As used in this paragraph, "NAICS SIC" means those
788	classifications contained in the North American Industry
789	Standard Industrial Classification System Manual, 1987, as
790	published in 2007 by the Office of Management and Budget,
791	Executive Office of the President.
792	3.  Charges for detective, burglar protection, and other
793	protection security services performed in this state but used
794	outside this state are exempt from taxation. Charges for
795	detective, burglar protection, and other protection security
796	services performed outside this state and used in this state are
797	subject to tax.
798	4.  If a transaction involves both the sale or use of a
799	service taxable under this paragraph and the sale or use of a
800	service or any other item not taxable under this chapter, the
801	consideration paid must be separately identified and stated with
802	respect to the taxable and exempt portions of the transaction or
803	the entire transaction shall be presumed taxable. The burden
804	shall be on the seller of the service or the purchaser of the
805	service, whichever applicable, to overcome this presumption by
806	providing documentary evidence as to which portion of the
807	transaction is exempt from tax. The department is authorized to
808	adjust the amount of consideration identified as the taxable and
809	exempt portions of the transaction; however, a determination
810	that the taxable and exempt portions are inaccurately stated and
811	that the adjustment is applicable must be supported by
812	substantial competent evidence.
813	5.  Each seller of services subject to sales tax pursuant
814	to this paragraph shall maintain a monthly log showing each
815	transaction for which sales tax was not collected because the
816	services meet the requirements of subparagraph 3. for out-of-
817	state use. The log must identify the purchaser's name, location
818	and mailing address, and federal employer identification number,
819	if a business, or the social security number, if an individual,
820	the service sold, the price of the service, the date of sale,
821	the reason for the exemption, and the sales invoice number. The
822	monthly log shall be maintained pursuant to the same
823	requirements and subject to the same penalties imposed for the
824	keeping of similar records pursuant to this chapter.
825	Section 4.  Paragraph (b) of subsection (10) of section
826	212.097, Florida Statutes, are amended to read:
827	212.097  Urban High-Crime Area Job Tax Credit Program.--
828	(10)
829	(b)  Applications shall be reviewed and certified pursuant
830	to s. 288.061. Within 30 working days after receipt of an
831	application for credit, the Office of Tourism, Trade, and
832	Economic Development shall review the application to determine
833	whether it contains all the information required by this
834	subsection and meets the criteria set out in this section.
835	Subject to the provisions of paragraph (c), the Office of
836	Tourism, Trade, and Economic Development shall approve all
837	applications that contain the information required by this
838	subsection and meet the criteria set out in this section as
839	eligible to receive a credit.
840	Section 5.  Paragraph (c) of subsection (1) of section
841	212.098, Florida Statutes, is amended to read:
842	212.098  Rural Job Tax Credit Program.--
843	(1)  As used in this section, the term:
844	(c)  "Qualified area" means any area that is contained
845	within a rural area of critical economic concern designated
846	under s. 288.0656, a county that has a population of fewer than
847	75,000 persons, a or any county that has a population of 125,000
848	100,000 or less and is contiguous to a county that has a
849	population of less than 75,000, selected in the following
850	manner: every third year, the Office of Tourism, Trade, and
851	Economic Development shall rank and tier the state's counties
852	according to the following four factors:
853	1.  Highest unemployment rate for the most recent 36-month
854	period.
855	2.  Lowest per capita income for the most recent 36-month
856	period.
857	3.  Highest percentage of residents whose incomes are below
858	the poverty level, based upon the most recent data available.
859	4.  Average weekly manufacturing wage, based upon the most
860	recent data available.
861	Section 6.  Subparagraph 3. of paragraph (k) of subsection
862	(8) of section 213.053, Florida Statutes, is created to read:
863	213.053  Confidentiality and information sharing.--
864	(8)  Notwithstanding any other provision of this section,
865	the department may provide:
866	(k)1.  Payment information relative to chapters 199, 201,
867	202, 212, 220, 221, and 624 to the Office of Tourism, Trade, and
868	Economic Development, or its employees or agents that are
869	identified in writing by the office to the department, in the
870	administration of the tax refund program for qualified defense
871	contractors and space flight business contractors authorized by
872	s. 288.1045 and the tax refund program for qualified target
873	industry businesses authorized by s. 288.106.
874	2.  Information relative to tax credits taken by a business
875	under s. 220.191 and exemptions or tax refunds received by a
876	business under s. 212.08(5)(j) to the Office of Tourism, Trade,
877	and Economic Development, or its employees or agents that are
878	identified in writing by the office to the department, in the
879	administration and evaluation of the capital investment tax
880	credit program authorized in s. 220.191 and the semiconductor,
881	defense, and space tax exemption program authorized in s.
882	212.08(5)(j).
883	3.  Information relative to tax credits taken by a taxpayer
884	pursuant to the tax credit programs created in ss. 193.017;
885	212.08(5)(g),(h),(n),(o) and (p); 212.08(15); 212.096; 212.097;
886	212.098; 220.181; 220.182; 220,183; 220.184; 220.1845; 220.185;
887	220.1895; 220.19; 220.191; 220.192; 220.193; 288.0656; 288.99;
888	290.007; 376.30781; 420.5093; 420.5099; 550.0951; 550.26352;
889	550.2704; 601.155; 624.509; 624.510; 624.5105; and 624.5107 to
890	the Office of Tourism, Trade, and Economic Development, or its
891	employees or agents that are identified in writing by the office
892	to the department, for use in the administration or evaluation
893	of such programs.
894
895	Disclosure of information under this subsection shall be
896	pursuant to a written agreement between the executive director
897	and the agency. Such agencies, governmental or nongovernmental,
898	shall be bound by the same requirements of confidentiality as
899	the Department of Revenue. Breach of confidentiality is a
900	misdemeanor of the first degree, punishable as provided by s.
901	775.082 or s. 775.083.
902	Section 7.  Paragraph (b) of subsection (5) of section
903	220.15, Florida Statutes, is amended to read:
904	220.15  Apportionment of adjusted federal income.--
905	(5)  The sales factor is a fraction the numerator of which
906	is the total sales of the taxpayer in this state during the
907	taxable year or period and the denominator of which is the total
908	sales of the taxpayer everywhere during the taxable year or
909	period.
910	(b)1.  Sales of tangible personal property occur in this
911	state if the property is delivered or shipped to a purchaser
912	within this state, regardless of the f.o.b. point, other
913	conditions of the sale, or ultimate destination of the property,
914	unless shipment is made via a common or contract carrier.
915	However, for industries in NAICS National SIC Industry Number
916	311411 2037, if the ultimate destination of the product is to a
917	location outside this state, regardless of the method of
918	shipment or f.o.b. point, the sale shall not be deemed to occur
919	in this state. As used in this paragraph, "NAICS" means those
920	classifications contained in the North American Industry
921	Classification System, as published in 2007 by the Office of
922	Management and Budget, Executive Office of the President.
923	2.  When citrus fruit is delivered by a cooperative for a
924	grower-member, by a grower-member to a cooperative, or by a
925	grower-participant to a Florida processor, the sales factor for
926	the growers for such citrus fruit delivered to such processor
927	shall be the same as the sales factor for the most recent
928	taxable year of that processor. That sales factor, expressed
929	only as a percentage and not in terms of the dollar volume of
930	sales, so as to protect the confidentiality of the sales of the
931	processor, shall be furnished on the request of such a grower
932	promptly after it has been determined for that taxable year.
933	3.  Reimbursement of expenses under an agency contract
934	between a cooperative, a grower-member of a cooperative, or a
935	grower and a processor is not a sale within this state.
936	Section 8.  Subsection (5) of section 220.191, Florida
937	Statutes, is amended to read:
938	220.191  Capital investment tax credit.--
939	(5)  Applications shall be reviewed and certified pursuant
940	to s. 288.061. The office, upon a recommendation by Enterprise
941	Florida, Inc., shall first certify a business as eligible to
942	receive tax credits pursuant to this section prior to the
943	commencement of operations of a qualifying project, and such
944	certification shall be transmitted to the Department of Revenue.
945	Upon receipt of the certification, the Department of Revenue
946	shall enter into a written agreement with the qualifying
947	business specifying, at a minimum, the method by which income
948	generated by or arising out of the qualifying project will be
949	determined.
950	Section 9.  Section 288.061, Florida Statutes, is created
951	to read:
952	288.061  Economic development incentive application
953	process.--
954	(1)  Within 10 business days after receiving a submitted
955	economic development incentive application, Enterprise Florida,
956	Inc., shall review the application and inform the applicant
957	business whether or not its application is complete. Within 10
958	business days after the application is deemed complete,
959	Enterprise Florida, Inc., shall evaluate the application and
960	recommend approval or disapproval of the application to the
961	director of the Office of Tourism, Trade, and Economic
962	Development. In recommending an applicant business for approval,
963	Enterprise Florida, Inc., shall include in its evaluation a
964	recommended grant award amount and a review of the applicant's
965	ability to meet specific program criteria.
966	(2)  Within 10 calendar days after the Office of Tourism,
967	Trade, and Economic Development receives the evaluation and
968	recommendation from Enterprise Florida, Inc., the office shall
969	notify Enterprise Florida, Inc., whether or not the application
970	is reviewable. Within 22 calendar days after the office receives
971	the recommendation from Enterprise Florida, Inc., the director
972	of the office shall review the application and issue a letter of
973	certification to the applicant that approves or disapproves an
974	applicant business and includes a justification of that
975	decision, unless the business requests an extension of that
976	time. The final order shall specify the total amount of the
977	award, the performance conditions that must be met to obtain the
978	award, and the schedule for payment.
979	Section 10.  Subsection (4) of section 288.063, Florida
980	Statutes, is amended to read:
981	288.063  Contracts for transportation projects.--
982	(4)  The Office of Tourism, Trade, and Economic Development
983	may adopt criteria by which transportation projects are to be
984	reviewed and certified in accordance with s. 288.061 specified
985	and identified. In approving transportation projects for
986	funding, the Office of Tourism, Trade, and Economic Development
987	shall consider factors including, but not limited to, the cost
988	per job created or retained considering the amount of
989	transportation funds requested; the average hourly rate of wages
990	for jobs created; the reliance on the program as an inducement
991	for the project's location decision; the amount of capital
992	investment to be made by the business; the demonstrated local
993	commitment; the location of the project in an enterprise zone
994	designated pursuant to s. 290.0055; the location of the project
995	in a spaceport territory as defined in s. 331.304; the
996	unemployment rate of the surrounding area; the poverty rate of
997	the community; and the adoption of an economic element as part
998	of its local comprehensive plan in accordance with s.
999	163.3177(7)(j). The Office of Tourism, Trade, and Economic
1000	Development may contact any agency it deems appropriate for
1001	additional input regarding the approval of projects.
1002	Section 11.  Subsection (2) of section 288.065, Florida
1003	Statutes, is amended to read:
1004	288.065  Rural Community Development Revolving Loan Fund.--
1005	(2)  The program shall provide for long-term loans, loan
1006	guarantees, and loan loss reserves to units of local
1007	governments, or economic development organizations substantially
1008	underwritten by a unit of local government, within counties with
1009	populations of 75,000 or fewer less, or within any county with
1010	that has a population of 125,000 100,000 or fewer which less and
1011	is contiguous to a county with a population of 75,000 or fewer
1012	less, based on as determined by the most recent official
1013	population estimate as determined under pursuant to s. 186.901,
1014	including those residing in incorporated areas and those
1015	residing in unincorporated areas of the county, or to units of
1016	local government, or economic development organizations
1017	substantially underwritten by a unit of local government, within
1018	a rural area of critical economic concern. Requests for loans
1019	shall be made by application to the Office of Tourism, Trade,
1020	and Economic Development. Loans shall be made pursuant to
1021	agreements specifying the terms and conditions agreed to between
1022	the applicant and the Office of Tourism, Trade, and Economic
1023	Development. The loans shall be the legal obligations of the
1024	applicant. All repayments of principal and interest shall be
1025	returned to the loan fund and made available for loans to other
1026	applicants. However, in a rural area of critical economic
1027	concern designated by the Governor, and upon approval by the
1028	Office of Tourism, Trade, and Economic Development, repayments
1029	of principal and interest may be retained by the applicant if
1030	such repayments are dedicated and matched to fund regionally
1031	based economic development organizations representing the rural
1032	area of critical economic concern.
1033	Section 12.  Paragraphs (b) and (e) of subsection (2) and
1034	subsection (3) of section 288.0655, Florida Statutes, are
1035	amended to read:
1036	288.0655  Rural Infrastructure Fund.--
1037	(2)
1038	(b)  To facilitate access of rural communities and rural
1039	areas of critical economic concern as defined by the Rural
1040	Economic Development Initiative to infrastructure funding
1041	programs of the Federal Government, such as those offered by the
1042	United States Department of Agriculture and the United States
1043	Department of Commerce, and state programs, including those
1044	offered by Rural Economic Development Initiative agencies, and
1045	to facilitate local government or private infrastructure funding
1046	efforts, the office may award grants for up to 30 percent of the
1047	total infrastructure project cost. If an application for funding
1048	is for a catalyst site, as defined in s. 288.0656, the office
1049	may award grants for up to 40 percent of the total
1050	infrastructure project cost. Eligible projects must be related
1051	to specific job-creation or job-retention opportunities.
1052	Eligible projects may also include improving any inadequate
1053	infrastructure that has resulted in regulatory action that
1054	prohibits economic or community growth or reducing the costs to
1055	community users of proposed infrastructure improvements that
1056	exceed such costs in comparable communities. Eligible uses of
1057	funds shall include improvements to public infrastructure for
1058	industrial or commercial sites and upgrades to or development of
1059	public tourism infrastructure. Authorized infrastructure may
1060	include the following public or public-private partnership
1061	facilities: storm water systems; telecommunications facilities;
1062	broadband facilities; roads or other remedies to transportation
1063	impediments; nature-based tourism facilities; or other physical
1064	requirements necessary to facilitate tourism, trade, and
1065	economic development activities in the community. Authorized
1066	infrastructure may also include publicly or privately owned
1067	self-powered nature-based tourism facilities,  publicly owned
1068	telecommunications facilities, and broadband facilities, and
1069	additions to the distribution facilities of the existing natural
1070	gas utility as defined in s. 366.04(3)(c), the existing electric
1071	utility as defined in s. 366.02, or the existing water or
1072	wastewater utility as defined in s. 367.021(12), or any other
1073	existing water or wastewater facility, which owns a gas or
1074	electric distribution system or a water or wastewater system in
1075	this state where:
1076	1.  A contribution-in-aid of construction is required to
1077	serve public or public-private partnership facilities under the
1078	tariffs of any natural gas, electric, water, or wastewater
1079	utility as defined herein; and
1080	2.  Such utilities as defined herein are willing and able
1081	to provide such service.
1082	(e)  To enable local governments to access the resources
1083	available pursuant to s. 403.973(18), the office may award
1084	grants for surveys, feasibility studies, and other activities
1085	related to the identification and preclearance review of land
1086	which is suitable for preclearance review. Authorized grants
1087	under this paragraph shall not exceed $75,000 each, except in
1088	the case of a project in a rural area of critical economic
1089	concern, in which case the grant shall not exceed $300,000. Any
1090	funds awarded under this paragraph must be matched at a level of
1091	50 percent with local funds, except that any funds awarded for a
1092	project in a rural area of critical economic concern must be
1093	matched at a level of 33 percent with local funds. If an
1094	application for funding is for a catalyst site, as defined in s.
1095	288.0656, the requirement for local match may be waived pursuant
1096	to the process in s. 288.06561. In evaluating applications under
1097	this paragraph, the office shall consider the extent to which
1098	the application seeks to minimize administrative and consultant
1099	expenses.
1100	(3)  The office, in consultation with Enterprise Florida,
1101	Inc., VISIT Florida, the Department of Environmental Protection,
1102	and the Florida Fish and Wildlife Conservation Commission, as
1103	appropriate, shall review and certify applications pursuant to
1104	s. 288.061. The review shall include an evaluation of and
1105	evaluate the economic benefit of the projects and their long-
1106	term viability. The office shall have final approval for any
1107	grant under this section and must make a grant decision within
1108	30 days of receiving a completed application.
1109	Section 13.  Section 288.0656, Florida Statutes, is amended
1110	to read:
1111	288.0656  Rural Economic Development Initiative.--
1112	(1)(a)  Recognizing that rural communities and regions
1113	continue to face extraordinary challenges in their efforts to
1114	significantly improve their economies, specifically in terms of
1115	personal income, job creation, average wages, and strong tax
1116	bases, it is the intent of the Legislature to encourage and
1117	facilitate the location and expansion of major economic
1118	development projects of significant scale in such rural
1119	communities.
1120	(b)  The Rural Economic Development Initiative, known as
1121	"REDI," is created within the Office of Tourism, Trade, and
1122	Economic Development, and the participation of state and
1123	regional agencies in this initiative is authorized.
1124	(2)  As used in this section, the term:
1125	(a)  "Catalyst project" means a business locating or
1126	expanding in a rural area of critical economic concern to serve
1127	as an economic generator of regional significance for the growth
1128	of a regional target industry cluster. The project must provide
1129	capital investment on a scale significant enough to affect the
1130	entire region and result in the development of high-wage and
1131	high-skill jobs.
1132	(b)  "Catalyst site" means a parcel or parcels of land
1133	within a rural area of critical economic concern that has been
1134	prioritized as a geographic site for economic development
1135	through partnerships with state, regional, and local
1136	organizations. The site must be reviewed by REDI and approved by
1137	the Office of Tourism, Trade, and Economic Development for the
1138	purposes of locating a catalyst project.
1139	(c)(a)  "Economic distress" means conditions affecting the
1140	fiscal and economic viability of a rural community, including
1141	such factors as low per capita income, low per capita taxable
1142	values, high unemployment, high underemployment, low weekly
1143	earned wages compared to the state average, low housing values
1144	compared to the state average, high percentages of the
1145	population receiving public assistance, high poverty levels
1146	compared to the state average, and a lack of year-round stable
1147	employment opportunities.
1148	(d)  "Rural area of critical economic concern" means a
1149	rural community, or a region composed of rural communities,
1150	designated by the Governor, that has been adversely affected by
1151	an extraordinary economic event, severe or chronic distress, or
1152	a natural disaster or that presents a unique economic
1153	development opportunity of regional impact.
1154	(e)(b)  "Rural community" means:
1155	1.  A county with a population of 75,000 or less.
1156	2.  A county with a population of 125,000 100,000 or fewer
1157	which less that is contiguous to a county with a population of
1158	75,000 or fewer less.
1159	3. A municipality within a county described in subparagraph
1160	1. or subparagraph 2.
1161	4. An unincorporated federal enterprise community or an
1162	incorporated rural city with a population of 25,000 or less and
1163	an employment base focused on traditional agricultural or
1164	resource-based industries, located in a county not defined as
1165	rural, which has at least three or more of the economic distress
1166	factors identified in paragraph (c) (a) and verified by the
1167	Office of Tourism, Trade, and Economic Development.
1168
1169	For purposes of this paragraph, population shall be determined
1170	in accordance with the most recent official estimate pursuant to
1171	s. 186.901.
1172	(3)  REDI shall be responsible for coordinating and
1173	focusing the efforts and resources of state and regional
1174	agencies on the problems which affect the fiscal, economic, and
1175	community viability of Florida's economically distressed rural
1176	communities, working with local governments, community-based
1177	organizations, and private organizations that have an interest
1178	in the growth and development of these communities to find ways
1179	to balance environmental and growth management issues with local
1180	needs.
1181	(4)  REDI shall review and evaluate the impact of statutes
1182	and rules on rural communities and shall work to minimize any
1183	adverse impact and undertake outreach and capacity building
1184	efforts.
1185	(5)  REDI shall facilitate better access to state resources
1186	by promoting direct access and referrals to appropriate state
1187	and regional agencies and statewide organizations. REDI may
1188	undertake outreach, capacity-building, and other advocacy
1189	efforts to improve conditions in rural communities. These
1190	activities may include sponsorship of conferences and
1191	achievement awards.
1192	(6)(a)  By August 1 of each year, the head of each of the
1193	following agencies and organizations shall designate a deputy
1194	secretary or higher-level high-level staff person from within
1195	the agency or organization to serve as the REDI representative
1196	for the agency or organization:
1197	1.  The Department of Community Affairs.
1198	2.  The Department of Transportation.
1199	3.  The Department of Environmental Protection.
1200	4.  The Department of Agriculture and Consumer Services.
1201	5.  The Department of State.
1202	6.  The Department of Health.
1203	7.  The Department of Children and Family Services.
1204	8.  The Department of Corrections.
1205	9.  The Agency for Workforce Innovation.
1206	10.  The Department of Education.
1207	11.  The Department of Juvenile Justice.
1208	12.  The Fish and Wildlife Conservation Commission.
1209	13.  Each water management district.
1210	14.  Enterprise Florida, Inc.
1211	15.  Workforce Florida, Inc.
1212	16.  The Florida Commission on Tourism or VISIT Florida.
1213	17.  The Florida Regional Planning Council Association.
1214	18.  The Agency for Health Care Administration Florida
1215	State Rural Development Council.
1216	19.  The Institute of Food and Agricultural Sciences
1217	(IFAS).
1218
1219	An alternate for each designee shall also be chosen, and the
1220	names of the designees and alternates shall be sent to the
1221	director of the Office of Tourism, Trade, and Economic
1222	Development.
1223	(b)  Each REDI representative must have comprehensive
1224	knowledge of his or her agency's functions, both regulatory and
1225	service in nature, and of the state's economic goals, policies,
1226	and programs. This person shall be the primary point of contact
1227	for his or her agency with REDI on issues and projects relating
1228	to economically distressed rural communities and with regard to
1229	expediting project review, shall ensure a prompt effective
1230	response to problems arising with regard to rural issues, and
1231	shall work closely with the other REDI representatives in the
1232	identification of opportunities for preferential awards of
1233	program funds and allowances and waiver of program requirements
1234	when necessary to encourage and facilitate long-term private
1235	capital investment and job creation.
1236	(c)  The REDI representatives shall work with REDI in the
1237	review and evaluation of statutes and rules for adverse impact
1238	on rural communities and the development of alternative
1239	proposals to mitigate that impact.
1240	(d)  Each REDI representative shall be responsible for
1241	ensuring that each district office or facility of his or her
1242	agency is informed about the Rural Economic Development
1243	Initiative and for providing assistance throughout the agency in
1244	the implementation of REDI activities.
1245	(7)(a)  REDI may recommend to the Governor up to three
1246	rural areas of critical economic concern. A rural area of
1247	critical economic concern must be a rural community, or a region
1248	composed of such, that has been adversely affected by an
1249	extraordinary economic event or a natural disaster or that
1250	presents a unique economic development opportunity of regional
1251	impact that will create more than 1,000 jobs over a 5-year
1252	period. The Governor may by executive order designate up to
1253	three rural areas of critical economic concern which will
1254	establish these areas as priority assignments for REDI as well
1255	as to allow the Governor, acting through REDI, to waive
1256	criteria, requirements, or similar provisions of any economic
1257	development incentive. Such incentives shall include, but not be
1258	limited to: the Qualified Target Industry Tax Refund Program
1259	under s. 288.106, the Quick Response Training Program under s.
1260	288.047, the Quick Response Training Program for participants in
1261	the welfare transition program under s. 288.047(8),
1262	transportation projects under s. 288.063, the brownfield
1263	redevelopment bonus refund under s. 288.107, and the rural job
1264	tax credit program under ss. 212.098 and 220.1895.
1265	(b)  Designation as a rural area of critical economic
1266	concern under this subsection shall be contingent upon the
1267	execution of a memorandum of agreement among the Office of
1268	Tourism, Trade, and Economic Development; the governing body of
1269	the county; and the governing bodies of any municipalities to be
1270	included within a rural area of critical economic concern. Such
1271	agreement shall specify the terms and conditions of the
1272	designation, including, but not limited to, the duties and
1273	responsibilities of the county and any participating
1274	municipalities to take actions designed to facilitate the
1275	retention and expansion of existing businesses in the area, as
1276	well as the recruitment of new businesses to the area.
1277	(c)  Each rural area of critical economic concern may
1278	designate catalyst projects, provided that each catalyst project
1279	is specifically recommended by REDI, identified as a catalyst
1280	project by Enterprise Florida, Inc., and confirmed as a catalyst
1281	project by the Office of Tourism, Trade, and Economic
1282	Development. All state agencies and departments shall use all
1283	available tools and resources to the extent permissible by law
1284	to promote the creation and development of each catalyst project
1285	and the development of catalyst sites.
1286	(8)  REDI shall submit a report to the Governor, the
1287	President of the Senate, and the Speaker of the House of
1288	Representatives each year on or before September February 1 on
1289	all REDI activities for the prior fiscal year. This report shall
1290	include a status report on all projects currently being
1291	coordinated through REDI, the number of preferential awards and
1292	allowances made pursuant to this section, the dollar amount of
1293	such awards, and the names of the recipients. The report shall
1294	also include a description of all waivers of program
1295	requirements granted. The report shall also include information
1296	as to the economic impact of the projects coordinated by REDI,
1297	and recommendations based on the review and evaluation of
1298	statutes and rules having an adverse impact on rural
1299	communities, and proposals to mitigate such adverse impacts.
1300	Section 14.  Section 288.06561, Florida Statutes, is
1301	amended to read:
1302	288.06561  Reduction or waiver of financial match
1303	requirements.--Notwithstanding any other law, the member
1304	agencies and organizations of the Rural Economic Development
1305	Initiative (REDI), as defined in s. 288.0656(6)(a), shall review
1306	the financial match requirements for projects in rural areas as
1307	defined in s. 288.0656(2)(b).
1308	(1)  Each agency and organization shall develop a proposal
1309	to waive or reduce the match requirement for rural areas.
1310	(2)  Agencies and organizations shall ensure that all
1311	proposals are submitted to the Office of Tourism, Trade, and
1312	Economic Development for review by the REDI agencies.
1313	(3)  These proposals shall be delivered to the Office of
1314	Tourism, Trade, and Economic Development for distribution to the
1315	REDI agencies and organizations. A meeting of REDI agencies and
1316	organizations must be called within 30 days after receipt of
1317	such proposals for REDI comment and recommendations on each
1318	proposal.
1319	(4)  Waivers and reductions must be requested by the county
1320	or community, and such county or community must have three or
1321	more of the factors identified in s. 288.0656(2)(c)(a).
1322	(5)  Any other funds available to the project may be used
1323	for financial match of federal programs when there is fiscal
1324	hardship, and the match requirements may not be waived or
1325	reduced.
1326	(6)  When match requirements are not reduced or eliminated,
1327	donations of land, though usually not recognized as an in-kind
1328	match, may be permitted.
1329	(7)  To the fullest extent possible, agencies and
1330	organizations shall expedite the rule adoption and amendment
1331	process if necessary to incorporate the reduction in match by
1332	rural areas in fiscal distress.
1333	(8)  REDI shall include in its annual report an evaluation
1334	on the status of changes to rules, number of awards made with
1335	waivers, and recommendations for future changes.
1336	Section 15.  Subsection (1) of section 288.0657, Florida
1337	Statutes, is amended to read:
1338	288.0657  Florida rural economic development strategy
1339	grants.--
1340	(1)  As used in this section, the term "rural community"
1341	means:
1342	(a)  A county with a population of 75,000 or fewer less.
1343	(b)  A county with a population of 125,000 100,000 or fewer
1344	which less that is contiguous to a county with a population of
1345	75,000 or fewer less.
1346	(c) A municipality within a county described in paragraph
1347	(a) or paragraph (b).
1348
1349	For purposes of this subsection, population shall be determined
1350	in accordance with the most recent official estimate pursuant to
1351	s. 186.901.
1352	Section 16.  Paragraph (c) of subsection (2), paragraphs
1353	(a), (e), (f), (g), (h), (i), (j), and (k) of subsection (3),
1354	and paragraph (c) of subsection (5) of section 288.1045, Florida
1355	Statutes, are amended to read:
1356	288.1045  Qualified defense contractor and space flight
1357	business tax refund program.--
1358	(2)  GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.--
1359	(c)  A qualified applicant may not receive more than $5
1360	$7.5 million in tax refunds pursuant to this section in all
1361	fiscal years.
1362	(3)  APPLICATION PROCESS; REQUIREMENTS; AGENCY
1363	DETERMINATION.--
1364	(a)  To apply for certification as a qualified applicant
1365	pursuant to this section, an applicant must file an application
1366	with the office which satisfies the requirements of paragraphs
1367	(b) and (e), paragraphs (c) and (e), paragraphs (d) and (e), or
1368	paragraphs (e) and (j) (k). An applicant may not apply for
1369	certification pursuant to this section after a proposal has been
1370	submitted for a new Department of Defense contract, after the
1371	applicant has made the decision to consolidate an existing
1372	Department of Defense contract in this state for which such
1373	applicant is seeking certification, after a proposal has been
1374	submitted for a new space flight business contract in this
1375	state, after the applicant has made the decision to consolidate
1376	an existing space flight business contract in this state for
1377	which such applicant is seeking certification, or after the
1378	applicant has made the decision to convert defense production
1379	jobs to nondefense production jobs for which such applicant is
1380	seeking certification.
1381	(e)  To qualify for review by the office, the application
1382	of an applicant must, at a minimum, establish the following to
1383	the satisfaction of the office:
1384	1.  The jobs proposed to be provided under the application,
1385	pursuant to subparagraph (b)6., subparagraph (c)6., or
1386	subparagraph (j)(k)6., must pay an estimated annual average wage
1387	equaling at least 115 percent of the average wage in the area
1388	where the project is to be located.
1389	2.  The consolidation of a Department of Defense contract
1390	must result in a net increase of at least 25 percent in the
1391	number of jobs at the applicant's facilities in this state or
1392	the addition of at least 80 jobs at the applicant's facilities
1393	in this state.
1394	3.  The conversion of defense production jobs to nondefense
1395	production jobs must result in net increases in nondefense
1396	employment at the applicant's facilities in this state.
1397	4.  The Department of Defense contract or the space flight
1398	business contract cannot allow the business to include the costs
1399	of relocation or retooling in its base as allowable costs under
1400	a cost-plus, or similar, contract.
1401	5.  A business unit of the applicant must have derived not
1402	less than 60 percent of its gross receipts in this state from
1403	Department of Defense contracts or space flight business
1404	contracts over the applicant's last fiscal year, and must have
1405	derived not less than an average of 60 percent of its gross
1406	receipts in this state from Department of Defense contracts or
1407	space flight business contracts over the 5 years preceding the
1408	date an application is submitted pursuant to this section. This
1409	subparagraph does not apply to any application for certification
1410	based on a contract for reuse of a defense-related facility.
1411	6.  The reuse of a defense-related facility must result in
1412	the creation of at least 100 jobs at such facility.
1413	7.  A new space flight business contract or the
1414	consolidation of a space flight business contract must result in
1415	net increases in space flight business employment at the
1416	applicant's facilities in this state.
1417	(f)  Each application meeting the requirements of
1418	paragraphs (b) and (e), paragraphs (c) and (e), paragraphs (d)
1419	and (e), or paragraphs (e) and (j) (k) must be submitted to the
1420	office for a determination of eligibility. The office shall
1421	review and evaluate each application based on, but not limited
1422	to, the following criteria:
1423	1.  Expected contributions to the state strategic economic
1424	development plan adopted by Enterprise Florida, Inc., taking
1425	into account the extent to which the project contributes to the
1426	state's high-technology base, and the long-term impact of the
1427	project and the applicant on the state's economy.
1428	2.  The economic benefit of the jobs created or retained by
1429	the project in this state, taking into account the cost and
1430	average wage of each job created or retained, and the potential
1431	risk to existing jobs.
1432	3.  The amount of capital investment to be made by the
1433	applicant in this state.
1434	4.  The local commitment and support for the project and
1435	applicant.
1436	5.  The impact of the project on the local community,
1437	taking into account the unemployment rate for the county where
1438	the project will be located.
1439	6.  The dependence of the local community on the defense
1440	industry or space flight business.
1441	7.  The impact of any tax refunds granted pursuant to this
1442	section on the viability of the project and the probability that
1443	the project will occur in this state if such tax refunds are
1444	granted to the applicant, taking into account the expected long-
1445	term commitment of the applicant to economic growth and
1446	employment in this state.
1447	8.  The length of the project, or the expected long-term
1448	commitment to this state resulting from the project.
1449	(g)  Applications shall be reviewed and certified pursuant
1450	to s. 288.061. The office shall forward its written findings and
1451	evaluation on each application meeting the requirements of
1452	paragraphs (b) and (e), paragraphs (c) and (e), paragraphs (d)
1453	and (e), or paragraphs (e) and (k) to the director within 60
1454	calendar days after receipt of a complete application. The
1455	office shall notify each applicant when its application is
1456	complete, and when the 60-day period begins. In its written
1457	report to the director, the office shall specifically address
1458	each of the factors specified in paragraph (f), and shall make a
1459	specific assessment with respect to the minimum requirements
1460	established in paragraph (e). The office shall include in its
1461	report projections of the tax refunds the applicant would be
1462	eligible to receive in each fiscal year based on the creation
1463	and maintenance of the net new Florida jobs specified in
1464	subparagraph (b)6., subparagraph (c)6., subparagraph (d)7., or
1465	subparagraph (k)6. as of December 31 of the preceding state
1466	fiscal year.
1467	(h)  Within 30 days after receipt of the office's findings
1468	and evaluation, the director shall issue a letter of
1469	certification which either approves or disapproves an
1470	application. The decision must be in writing and provide the
1471	justifications for either approval or disapproval. If
1472	appropriate, the director shall enter into a written agreement
1473	with the qualified applicant pursuant to subsection (4).
1474	(h)(i)  The director may not certify any applicant as a
1475	qualified applicant when the value of tax refunds to be included
1476	in that letter of certification exceeds the available amount of
1477	authority to certify new businesses as determined in s.
1478	288.095(3). A letter of certification that approves an
1479	application must specify the maximum amount of a tax refund that
1480	is to be available to the contractor for each fiscal year and
1481	the total amount of tax refunds for all fiscal years.
1482	(i)(j)  This section does not create a presumption that an
1483	applicant should receive any tax refunds under this section.
1484	(j)(k)  Applications for certification based upon a new
1485	space flight business contract or the consolidation of a space
1486	flight business contract must be submitted to the office as
1487	prescribed by the office and must include, but are not limited
1488	to, the following information:
1489	1.  The applicant's federal employer identification number,
1490	the applicant's Florida sales tax registration number, and a
1491	signature of an officer of the applicant.
1492	2.  The permanent location of the space flight business
1493	facility in this state where the project is or will be located.
1494	3.  The new space flight business contract number, the
1495	space flight business contract numbers of the contract to be
1496	consolidated, or the request-for-proposal number of a proposed
1497	space flight business contract.
1498	4.  The date the contract was executed and the date the
1499	contract is due to expire, is expected to expire, or was
1500	canceled.
1501	5.  The commencement date for project operations under the
1502	contract in this state.
1503	6.  The number of net new full-time equivalent Florida jobs
1504	included in the project as of December 31 of each year and the
1505	average wage of such jobs.
1506	7.  The total number of full-time equivalent employees
1507	employed by the applicant in this state.
1508	8.  The percentage of the applicant's gross receipts
1509	derived from space flight business contracts during the 5
1510	taxable years immediately preceding the date the application is
1511	submitted.
1512	9.  The number of full-time equivalent jobs in this state
1513	to be retained by the project.
1514	10.  A brief statement concerning the applicant's need for
1515	tax refunds and the proposed uses of such refunds by the
1516	applicant.
1517	11.  A resolution adopted by the governing board of the
1518	county or municipality in which the project will be located
1519	which recommends the applicant be approved as a qualified
1520	applicant and indicates that the necessary commitments of local
1521	financial support for the applicant exist. Prior to the adoption
1522	of the resolution, the county commission may review the proposed
1523	public or private sources of such support and determine whether
1524	the proposed sources of local financial support can be provided
1525	or, for any applicant whose project is located in a county
1526	designated by the Rural Economic Development Initiative, a
1527	resolution adopted by the county commissioners of such county
1528	requesting that the applicant's project be exempt from the local
1529	financial support requirement.
1530	12.  Any additional information requested by the office.
1531	(5)  ANNUAL CLAIM FOR REFUND.--
1532	(c)  A tax refund may not be approved for any qualified
1533	applicant unless local financial support has been paid to the
1534	Economic Development Trust Fund for that refund. If the local
1535	financial support is less than 20 percent of the approved tax
1536	refund, the tax refund shall be reduced. The tax refund paid may
1537	not exceed 5 times the local financial support received. Funding
1538	from local sources includes tax abatement under s. 196.1995 or
1539	the appraised market value of municipal or county land,
1540	including any improvements or structures, conveyed or provided
1541	at a discount through a sale or lease to that applicant. The
1542	amount of any tax refund for an applicant approved under this
1543	section shall be reduced by the amount of any such tax abatement
1544	granted or the value of the land granted, including the value of
1545	any improvements or structures; and the limitations in
1546	subsection (2) and paragraph (3)(h) shall be reduced by the
1547	amount of any such tax abatement or the value of the land
1548	granted, including any improvements or structures. A report
1549	listing all sources of the local financial support shall be
1550	provided to the office when such support is paid to the Economic
1551	Development Trust Fund.
1552	Section 17.  Paragraphs (k) and (t) of subsection (1),
1553	subsection (3), paragraph (b) of subsection (4), paragraph (c)
1554	of subsection (5), and subsection (8) of section 288.106,
1555	Florida Statutes, are amended to read:
1556	288.106  Tax refund program for qualified target industry
1557	businesses.--
1558	(1)  DEFINITIONS.--As used in this section:
1559	(k)  "Local financial support exemption option" means the
1560	option to exercise an exemption from the local financial support
1561	requirement available to any applicant whose project is located
1562	in a brownfield area or a county with a population of 75,000 or
1563	fewer or a county with a population of 125,000 100,000 or fewer
1564	which is contiguous to a county with a population of 75,000 or
1565	fewer. Any applicant that exercises this option shall not be
1566	eligible for more than 80 percent of the total tax refunds
1567	allowed such applicant under this section.
1568	(t)  "Rural community" means:
1569	1.  A county with a population of 75,000 or fewer less.
1570	2.  A county with a population of 125,000 100,000 or fewer
1571	which less that is contiguous to a county with a population of
1572	75,000 or fewer less.
1573	3.  A municipality within a county described in
1574	subparagraph 1. or subparagraph 2.
1575
1576	For purposes of this paragraph, population shall be determined
1577	in accordance with the most recent official estimate pursuant to
1578	s. 186.901.
1579	(3)  APPLICATION AND APPROVAL PROCESS.--
1580	(a)  To apply for certification as a qualified target
1581	industry business under this section, the business must file an
1582	application with the office before the business has made the
1583	decision to locate a new business in this state or before the
1584	business had made the decision to expand an existing business in
1585	this state. The application shall include, but is not limited
1586	to, the following information:
1587	1.  The applicant's federal employer identification number
1588	and the applicant's state sales tax registration number.
1589	2.  The permanent location of the applicant's facility in
1590	this state at which the project is or is to be located.
1591	3.  A description of the type of business activity or
1592	product covered by the project, including a minimum of a five-
1593	digit NAICS code four-digit SIC codes for all activities
1594	included in the project. As used in this paragraph, "NAICS"
1595	means those classifications contained in the North American
1596	Industry Classification System, as published in 2007 by the
1597	Office of Management and Budget, Executive Office of the
1598	President.
1599	4.  The number of net new full-time equivalent Florida jobs
1600	at the qualified target industry business as of December 31 of
1601	each year included in the project and the average wage of those
1602	jobs. If more than one type of business activity or product is
1603	included in the project, the number of jobs and average wage for
1604	those jobs must be separately stated for each type of business
1605	activity or product.
1606	5.  The total number of full-time equivalent employees
1607	employed by the applicant in this state.
1608	6.  The anticipated commencement date of the project.
1609	7.  A brief statement concerning the role that the tax
1610	refunds requested will play in the decision of the applicant to
1611	locate or expand in this state.
1612	8.  An estimate of the proportion of the sales resulting
1613	from the project that will be made outside this state.
1614	9.  A resolution adopted by the governing board of the
1615	county or municipality in which the project will be located,
1616	which resolution recommends that certain types of businesses be
1617	approved as a qualified target industry business and states that
1618	the commitments of local financial support necessary for the
1619	target industry business exist. In advance of the passage of
1620	such resolution, the office may also accept an official letter
1621	from an authorized local economic development agency that
1622	endorses the proposed target industry project and pledges that
1623	sources of local financial support for such project exist. For
1624	the purposes of making pledges of local financial support under
1625	this subsection, the authorized local economic development
1626	agency shall be officially designated by the passage of a one-
1627	time resolution by the local governing authority.
1628	10.  Any additional information requested by the office.
1629	(b)  To qualify for review by the office, the application
1630	of a target industry business must, at a minimum, establish the
1631	following to the satisfaction of the office:
1632	1.  The jobs proposed to be provided under the application,
1633	pursuant to subparagraph (a)4., must pay an estimated annual
1634	average wage equaling at least 115 percent of the average
1635	private sector wage in the area where the business is to be
1636	located or the statewide private sector average wage. In
1637	determining the average annual wage, the office shall include
1638	only new proposed jobs, and wages for existing jobs shall be
1639	excluded from this calculation. The office may waive the this
1640	average wage requirement at the request of the local governing
1641	body recommending the project and Enterprise Florida, Inc. The
1642	wage requirement may only be waived for a project located in a
1643	brownfield area designated under s. 376.80 or in a rural city or
1644	county or in an enterprise zone and only when the merits of the
1645	individual project or the specific circumstances in the
1646	community in relationship to the project warrant such action. If
1647	the local governing body and Enterprise Florida, Inc., make such
1648	a recommendation, it must be transmitted in writing and the
1649	specific justification for the waiver recommendation must be
1650	explained. If the director elects to waive the wage requirement,
1651	the waiver must be stated in writing and the reasons for
1652	granting the waiver must be explained.
1653	2.  The target industry business's project must result in
1654	the creation of at least 10 jobs at such project and, if an
1655	expansion of an existing business, must result in a net increase
1656	in employment of at least not less than 10 percent at the such
1657	business. Notwithstanding the definition of the term "expansion
1658	of an existing business" in paragraph (1)(g), at the request of
1659	the local governing body recommending the project and Enterprise
1660	Florida, Inc., the office may define an "expansion of an
1661	existing business" in a rural community or an enterprise zone as
1662	the expansion of a business resulting in a net increase in
1663	employment of less than 10 percent at such business if the
1664	merits of the individual project or the specific circumstances
1665	in the community in relationship to the project warrant such
1666	action. If the local governing body and Enterprise Florida,
1667	Inc., make such a request, the request it must be transmitted in
1668	writing and the specific justification for the request must be
1669	explained. If the director elects to grant the such request, the
1670	grant such election must be stated in writing and the reason for
1671	granting the request must be explained.
1672	3.  The business activity or product for the applicant's
1673	project is within an industry or industries that have been
1674	identified by the office to be high-value-added industries that
1675	contribute to the area and to the economic growth of the state
1676	and that produce a higher standard of living for residents
1677	citizens of this state in the new global economy or that can be
1678	shown to make an equivalent contribution to the area and state's
1679	economic progress. The director must approve requests to waive
1680	the wage requirement for brownfield areas designated under s.
1681	376.80 unless it is demonstrated that such action is not in the
1682	public interest.
1683	(c)  Each application meeting the requirements of paragraph
1684	(b) must be submitted to the office for determination of
1685	eligibility. The office shall review and evaluate each
1686	application based on, but not limited to, the following
1687	criteria:
1688	1.  Expected contributions to the state strategic economic
1689	development plan adopted by Enterprise Florida, Inc., taking
1690	into account the long-term effects of the project and of the
1691	applicant on the state economy.
1692	2.  The economic benefit of the jobs created by the project
1693	in this state, taking into account the cost and average wage of
1694	each job created.
1695	3.  The amount of capital investment to be made by the
1696	applicant in this state.
1697	4.  The local commitment and support for the project.
1698	5.  The effect of the project on the local community,
1699	taking into account the unemployment rate for the county where
1700	the project will be located.
1701	6.  The effect of any tax refunds granted pursuant to this
1702	section on the viability of the project and the probability that
1703	the project will be undertaken in this state if such tax refunds
1704	are granted to the applicant, taking into account the expected
1705	long-term commitment of the applicant to economic growth and
1706	employment in this state.
1707	7.  The expected long-term commitment to this state
1708	resulting from the project.
1709	8.  A review of the business's past activities in this
1710	state or other states, including whether such business has been
1711	subjected to criminal or civil fines and penalties. Nothing in
1712	This subparagraph does not shall require the disclosure of
1713	confidential information.
1714	(d)  Applications shall be reviewed and certified pursuant
1715	to s. 288.061. The office shall forward its written findings and
1716	evaluation concerning each application meeting the requirements
1717	of paragraph (b) to the director within 45 calendar days after
1718	receipt of a complete application. The office shall notify each
1719	target industry business when its application is complete, and
1720	of the time when the 45-day period begins. In its written report
1721	to the director, the office shall specifically address each of
1722	the factors specified in paragraph (c) and shall make a specific
1723	assessment with respect to the minimum requirements established
1724	in paragraph (b). The office shall include in its review report
1725	projections of the tax refunds the business would be eligible to
1726	receive in each fiscal year based on the creation and
1727	maintenance of the net new Florida jobs specified in
1728	subparagraph (a)4. as of December 31 of the preceding state
1729	fiscal year.
1730	(e)1.  Within 30 days after receipt of the office's
1731	findings and evaluation, the director shall issue a letter of
1732	certification that either approves or disapproves the
1733	application of the target industry business. The decision must
1734	be in writing and must provide the justifications for approval
1735	or disapproval.
1736	2.  If appropriate, the director shall enter into a written
1737	agreement with the qualified target industry business pursuant
1738	to subsection (4).
1739	(e)(f)  The director may not certify any target industry
1740	business as a qualified target industry business if the value of
1741	tax refunds to be included in that letter of certification
1742	exceeds the available amount of authority to certify new
1743	businesses as determined in s. 288.095(3). However, if the
1744	commitments of local financial support represent less than 20
1745	percent of the eligible tax refund payments, or to otherwise
1746	preserve the viability and fiscal integrity of the program, the
1747	director may certify a qualified target industry business to
1748	receive tax refund payments of less than the allowable amounts
1749	specified in paragraph (2)(b). A letter of certification that
1750	approves an application must specify the maximum amount of tax
1751	refund that will be available to the qualified industry business
1752	in each fiscal year and the total amount of tax refunds that
1753	will be available to the business for all fiscal years.
1754	(f)(g)  Nothing in This section does not shall create a
1755	presumption that an applicant shall will receive any tax refunds
1756	under this section. However, the office may issue nonbinding
1757	opinion letters, upon the request of prospective applicants, as
1758	to the applicants' eligibility and the potential amount of
1759	refunds.
1760	(4)  TAX REFUND AGREEMENT.--
1761	(b)  Compliance with the terms and conditions of the
1762	agreement is a condition precedent for the receipt of a tax
1763	refund each year. The failure to comply with the terms and
1764	conditions of the tax refund agreement results in the loss of
1765	eligibility for receipt of all tax refunds previously authorized
1766	under this section and the revocation by the director of the
1767	certification of the business entity as a qualified target
1768	industry business, unless the business is eligible to receive
1769	and elects to accept a prorated refund under paragraph (5)(d) or
1770	the office grants the business an economic-stimulus exemption.
1771	1.  A qualified target industry business may submit, in
1772	writing, a request to the office for an economic-stimulus
1773	exemption. The request must provide quantitative evidence
1774	demonstrating how negative economic conditions in the business's
1775	industry, the effects of the impact of a named hurricane or
1776	tropical storm, or specific acts of terrorism affecting the
1777	qualified target industry business have prevented the business
1778	from complying with the terms and conditions of its tax refund
1779	agreement.
1780	2.  Upon receipt of a request under subparagraph 1., the
1781	director shall have 45 days to notify the requesting business,
1782	in writing, if its exemption has been granted or denied. In
1783	determining if an exemption should be granted, the director
1784	shall consider the extent to which negative economic conditions
1785	in the requesting business's industry have occurred in the state
1786	or, the effects of the impact of a named hurricane or tropical
1787	storm, or specific acts of terrorism affecting the qualified
1788	target industry business have prevented the business from
1789	complying with the terms and conditions of its tax refund
1790	agreement. The office shall consider current employment
1791	statistics for this state by industry, including whether the
1792	business's industry had substantial job loss during the prior
1793	year, when determining whether an exemption shall be granted.
1794	3.  As a condition for receiving a prorated refund under
1795	paragraph (5)(d) or an economic-stimulus exemption under this
1796	paragraph, a qualified target industry business must agree to
1797	renegotiate its tax refund agreement with the office to, at a
1798	minimum, ensure that the terms of the agreement comply with
1799	current law and office procedures governing application for and
1800	award of tax refunds. Upon approving the award of a prorated
1801	refund or granting an economic-stimulus exemption, the office
1802	shall renegotiate the tax refund agreement with the business as
1803	required by this subparagraph. When amending the agreement of a
1804	business receiving an economic-stimulus exemption, the office
1805	may extend the duration of the agreement for a period not to
1806	exceed 2 years.
1807	4.  A qualified target industry business may submit a
1808	request for an economic-stimulus exemption to the office in lieu
1809	of any tax refund claim scheduled to be submitted after January
1810	1, 2009 2005, but before July 1, 2011 2006.
1811	5.  A qualified target industry business that receives an
1812	economic-stimulus exemption may not receive a tax refund for the
1813	period covered by the exemption.
1814	(5)  ANNUAL CLAIM FOR REFUND.--
1815	(c)  A tax refund may not be approved for a qualified
1816	target industry business unless the required local financial
1817	support has been paid into the account for that refund. If the
1818	local financial support provided is less than 20 percent of the
1819	approved tax refund, the tax refund must be reduced. In no event
1820	may the tax refund exceed an amount that is equal to 5 times the
1821	amount of the local financial support received. Further, funding
1822	from local sources includes any tax abatement granted to that
1823	business under s. 196.1995 or the appraised market value of
1824	municipal or county land conveyed or provided at a discount to
1825	that business. The amount of any tax refund for such business
1826	approved under this section must be reduced by the amount of any
1827	such tax abatement granted or the value of the land granted; and
1828	the limitations in subsection (2) and paragraph (3)(e)(f) must
1829	be reduced by the amount of any such tax abatement or the value
1830	of the land granted. A report listing all sources of the local
1831	financial support shall be provided to the office when such
1832	support is paid to the account.
1833	(8)  EXPIRATION.--An applicant may not be certified as
1834	qualified under this section after June 30, 2010. A tax refund
1835	agreement existing on that date shall continue in effect in
1836	accordance with its terms.
1837	Section 18.  Paragraph (e) of subsection (1), paragraph (b)
1838	of subsection (3), and paragraph (f) of subsection (4) of
1839	section 288.107, Florida Statutes, are amended, and paragraph
1840	(e) is added to subsection (3) of that section, to read:
1841	288.107  Brownfield redevelopment bonus refunds.--
1842	(1) Definitions.-- As used in this section:
1843	(e)  "Eligible business" means:
1844	1.  A qualified target industry business as defined in s.
1845	288.106(1)(o); or
1846	2.  A business that can demonstrate a fixed capital
1847	investment of at least $2 million in mixed-use business
1848	activities, including multiunit housing, commercial, retail, and
1849	industrial in brownfield areas, or at least $500,000 in
1850	brownfield areas that do not require site cleanup, and which
1851	provides benefits to its employees.
1852	(3)  CRITERIA.--The minimum criteria for participation in
1853	the brownfield redevelopment bonus refund are:
1854	(b) The completion of a fixed capital investment of at
1855	least $2 million in mixed-use business activities, including
1856	multiunit housing, commercial, retail, and industrial in
1857	brownfield areas, or at least $500,000 in brownfield areas that
1858	do not require site cleanup, by an eligible business applying
1859	for a refund under paragraph (2)(b) which provides benefits to
1860	its employees.
1861	(e)  A resolution adopted by the governing board of the
1862	county or municipality in which the project will be located that
1863	recommends that certain types of businesses be approved.
1864	(4)  PAYMENT OF BROWNFIELD REDEVELOPMENT BONUS REFUNDS.--
1865	(f)  Applications shall be reviewed and certified pursuant
1866	to s. 288.061. The office shall review all applications
1867	submitted under s. 288.106 or other similar application forms
1868	for other eligible businesses as defined in paragraph (1)(e)
1869	which indicate that the proposed project will be located in a
1870	brownfield and determine, with the assistance of the Department
1871	of Environmental Protection, that the project location is within
1872	a brownfield as provided in this act.
1873	Section 19.  Paragraphs (b), (c), and (d) of subsection (5)
1874	and subsections (7) and (8) of section 288.108, Florida
1875	Statutes, are amended to read:
1876	288.108  High-impact business.--
1877	(5)  APPLICATIONS; CERTIFICATION PROCESS; GRANT AGREEMENT.-
1878	-
1879	(b)  Applications shall be reviewed and certified pursuant
1880	to s. 288.061. Enterprise Florida, Inc., shall review each
1881	submitted application and inform the applicant business whether
1882	or not its application is complete within 10 working days. Once
1883	the application is deemed complete, Enterprise Florida, Inc.,
1884	has 10 working days within which to evaluate the application and
1885	recommend approval or disapproval of the application to the
1886	director. In recommending an applicant business for approval,
1887	Enterprise Florida, Inc., shall include a recommended grant
1888	award amount in its evaluation forwarded to the office.
1889	(c)  Upon receipt of the evaluation and recommendation of
1890	Enterprise Florida, Inc., the director has 5 working days to
1891	enter a final order that either approves or disapproves an
1892	applicant business as a qualified high-impact business facility,
1893	unless the business requests an extension of the time. The final
1894	order shall specify the total amount of the qualified high-
1895	impact business facility performance grant award, the
1896	performance conditions that must be met to obtain the award, and
1897	the schedule for payment of the performance grant.
1898	(c)(d)  The director and the qualified high-impact business
1899	shall enter into a performance grant agreement setting forth the
1900	conditions for payment of the qualified high-impact business
1901	performance grant. The agreement shall include the total amount
1902	of the qualified high-impact business facility performance grant
1903	award, the performance conditions that must be met to obtain the
1904	award, including the employment, average salary, investment, the
1905	methodology for determining if the conditions have been met, and
1906	the schedule of performance grant payments.
1907	(7)  REPORTING.--The office shall by December 1 of each
1908	year issue a complete and detailed report of all designated
1909	high-impact sectors, all applications received and their
1910	disposition, all final orders issued, and all payments made,
1911	including analyses of benefits and costs, types of projects
1912	supported, and employment and investments created. The report
1913	shall be submitted to the Governor, the President of the Senate,
1914	and the Speaker of the House of Representatives.
1915	(7)(8)  RULEMAKING.--The office may adopt rules necessary
1916	to carry out the provisions of this section.
1917	Section 20.  Paragraphs (a), (b), and (c) of subsection (3)
1918	of section 288.1088, Florida Statutes, are amended to read:
1919	288.1088  Quick Action Closing Fund.--
1920	(3)(a)  Enterprise Florida, Inc., shall review applications
1921	pursuant to s. 288.061 and determine eligibility of each project
1922	consistent with the criteria in subsection (2). Enterprise
1923	Florida, Inc., in consultation with the Office of Tourism,
1924	Trade, and Economic Development, may waive these criteria based
1925	on extraordinary circumstances or in rural areas of critical
1926	economic concern if the project would significantly benefit the
1927	local or regional economy. Enterprise Florida, Inc., shall
1928	evaluate individual proposals for high-impact business
1929	facilities and forward recommendations regarding the use of
1930	moneys in the fund for such facilities to the director of the
1931	Office of Tourism, Trade, and Economic Development. Such
1932	evaluation and recommendation must include, but need not be
1933	limited to:
1934	1.  A description of the type of facility or
1935	infrastructure, its operations, and the associated product or
1936	service associated with the facility.
1937	2.  The number of full-time-equivalent jobs that will be
1938	created by the facility and the total estimated average annual
1939	wages of those jobs or, in the case of privately developed rural
1940	infrastructure, the types of business activities and jobs
1941	stimulated by the investment.
1942	3.  The cumulative amount of investment to be dedicated to
1943	the facility within a specified period.
1944	4.  A statement of any special impacts the facility is
1945	expected to stimulate in a particular business sector in the
1946	state or regional economy or in the state's universities and
1947	community colleges.
1948	5.  A statement of the role the incentive is expected to
1949	play in the decision of the applicant business to locate or
1950	expand in this state or for the private investor to provide
1951	critical rural infrastructure.
1952	6.  A report evaluating the quality and value of the
1953	company submitting a proposal. The report must include:
1954	a.  A financial analysis of the company, including an
1955	evaluation of the company's short-term liquidity ratio as
1956	measured by its assets to liability, the company's profitability
1957	ratio, and the company's long-term solvency as measured by its
1958	debt-to-equity ratio;
1959	b.  The historical market performance of the company;
1960	c.  A review of any independent evaluations of the company;
1961	d.  A review of the latest audit of the company's financial
1962	statement and the related auditor's management letter; and
1963	e.  A review of any other types of audits that are related
1964	to the internal and management controls of the company.
1965	(b)  Within 22 calendar days after receiving Upon receipt
1966	of the evaluation and recommendation from Enterprise Florida,
1967	Inc., the director shall recommend to the Governor approval or
1968	disapproval of a project for receipt of funds from the Quick
1969	Action Closing Fund to the Governor. In recommending a project,
1970	the director shall include proposed performance conditions that
1971	the project must meet to obtain incentive funds. The Governor
1972	shall provide the evaluation of projects recommended for
1973	approval to the President of the Senate and the Speaker of the
1974	House of Representatives and consult with the President of the
1975	Senate and the Speaker of the House of Representatives before
1976	giving final approval for a project. The Executive Office of the
1977	Governor shall recommend approval of a project and the release
1978	of funds pursuant to the legislative consultation and review
1979	requirements set forth in s. 216.177. The recommendation must
1980	include proposed performance conditions that the project must
1981	meet in order to obtain funds.
1982	(c)  Upon the approval of the Governor, the director of the
1983	Office of Tourism, Trade, and Economic Development and the
1984	business shall enter into a contract that sets forth the
1985	conditions for payment of moneys from the fund. The contract
1986	must include the total amount of funds awarded; the performance
1987	conditions that must be met to obtain the award, including, but
1988	not limited to, net new employment in the state, average salary,
1989	and total capital investment; demonstrate a baseline of current
1990	service and a measure of enhanced capability; the methodology
1991	for validating performance; the schedule of payments from the
1992	fund; and sanctions for failure to meet performance conditions.
1993	The contract must provide that payment of moneys from the fund
1994	is contingent upon sufficient appropriation of funds by the
1995	Legislature and upon sufficient release of appropriated funds by
1996	the Legislative Budget Commission.
1997	Section 21.  Subsection (2) of section 257.193, Florida
1998	Statutes, is amended to read:
1999	257.193  Community Libraries in Caring Program.--
2000	(2)  The purpose of the Community Libraries in Caring
2001	Program is to assist libraries in rural communities, as defined
2002	in s. 288.0656(2)(b) and subject to the provisions of s.
2003	288.06561, to strengthen their collections and services, improve
2004	literacy in their communities, and improve the economic
2005	viability of their communities.
2006	Section 22.  Section 288.019, Florida Statutes, is amended
2007	to read:
2008	288.019  Rural considerations in grant review and
2009	evaluation processes.--Notwithstanding any other law, and to the
2010	fullest extent possible, the member agencies and organizations
2011	of the Rural Economic Development Initiative (REDI) as defined
2012	in s. 288.0656(6)(a) shall review all grant and loan application
2013	evaluation criteria to ensure the fullest access for rural
2014	counties as defined in s. 288.0656(2)(b) to resources available
2015	throughout the state.
2016	(1)  Each REDI agency and organization shall review all
2017	evaluation and scoring procedures and develop modifications to
2018	those procedures which minimize the impact of a project within a
2019	rural area.
2020	(2)  Evaluation criteria and scoring procedures must
2021	provide for an appropriate ranking based on the proportionate
2022	impact that projects have on a rural area when compared with
2023	similar project impacts on an urban area.
2024	(3)  Evaluation criteria and scoring procedures must
2025	recognize the disparity of available fiscal resources for an
2026	equal level of financial support from an urban county and a
2027	rural county.
2028	(a)  The evaluation criteria should weight contribution in
2029	proportion to the amount of funding available at the local
2030	level.
2031	(b)  In-kind match should be allowed and applied as
2032	financial match when a county is experiencing financial distress
2033	through elevated unemployment at a rate in excess of the state's
2034	average by 5 percentage points or because of the loss of its ad
2035	valorem base.
2036	(4)  For existing programs, the modified evaluation
2037	criteria and scoring procedure must be delivered to the Office
2038	of Tourism, Trade, and Economic Development for distribution to
2039	the REDI agencies and organizations. The REDI agencies and
2040	organizations shall review and make comments. Future rules,
2041	programs, evaluation criteria, and scoring processes must be
2042	brought before a REDI meeting for review, discussion, and
2043	recommendation to allow rural counties fuller access to the
2044	state's resources.
2045	Section 23.  Paragraph (d) of subsection (15) of section
2046	627.6699, Florida Statutes, is amended to read:
2047	627.6699  Employee Health Care Access Act.--
2048	(15)  SMALL EMPLOYERS ACCESS PROGRAM.--
2049	(d)  Eligibility.--
2050	1.  Any small employer that is actively engaged in
2051	business, has its principal place of business in this state,
2052	employs up to 25 eligible employees on business days during the
2053	preceding calendar year, employs at least 2 employees on the
2054	first day of the plan year, and has had no prior coverage for
2055	the last 6 months may participate.
2056	2.  Any municipality, county, school district, or hospital
2057	employer located in a rural community as defined in s.
2058	288.0656(2)(b) may participate.
2059	3.  Nursing home employers may participate.
2060	4.  Each dependent of a person eligible for coverage is
2061	also eligible to participate.
2062
2063	Any employer participating in the program must do so until the
2064	end of the term for which the carrier providing the coverage is
2065	obligated to provide such coverage to the program. Coverage for
2066	a small employer group that ceases to meet the eligibility
2067	requirements of this section may be terminated at the end of the
2068	policy period for which the necessary premiums have been paid.
2069	Section 24.  Subsection (8) is added to section 288.9015,
2070	Florida Statutes, to read:
2071	288.9015  Enterprise Florida, Inc.; purpose; duties.--
2072	(8)  Enterprise Florida, Inc., shall be responsible for
2073	responding to all inquiries related to Florida's business
2074	requirements, economic incentives, and business development
2075	opportunities.
2076	Section 25.  Subsection (2) of section 288.9622, Florida
2077	Statutes, is amended to read:
2078	288.9622  Findings and intent.--
2079	(2)  It is the intent of the Legislature that ss. 288.9621-
2080	288.9625 serve to mobilize private investment in a broad variety
2081	of venture capital partnerships in diversified industries and
2082	geographies; retain private sector investment criteria focused
2083	on rate of return; use the services of highly qualified managers
2084	in the venture capital industry regardless of location;
2085	facilitate the organization of the Florida Opportunity Fund as
2086	an a fund-of-funds investor in seed and early stage businesses,
2087	infrastructure projects, venture capital funds, and angel funds;
2088	and precipitate capital investment and extensions of credit to
2089	and in the Florida Opportunity Fund.
2090	Section 26.  Subsection (4) and paragraph (a) of subsection
2091	(5) of section 288.9624, Florida Statutes, are amended to read:
2092	288.9624  Florida Opportunity Fund; creation; duties.--
2093	(4)  For the purpose of mobilizing investment in a broad
2094	variety of Florida-based, new technology companies and
2095	generating a return sufficient to continue reinvestment, the
2096	fund shall:
2097	(a)  Invest directly only in seed and early stage venture
2098	capital funds that have experienced managers or management teams
2099	with demonstrated experience, expertise, and a successful
2100	history in the investment of venture capital funds, focusing on
2101	opportunities in this state. The fund also may not make direct
2102	investments, including loans, in individual businesses and
2103	infrastructure projects. While not precluded from investing in
2104	venture capital funds that have investments outside this state,
2105	the fund must require a venture capital fund to show a record of
2106	successful investment in this state, to be based in this state,
2107	or to have an office in this state staffed with a full-time,
2108	professional venture investment executive in order to be
2109	eligible for investment.
2110	(b)  Negotiate for investment capital or loan proceeds from
2111	private, institutional, or banking sources.
2112	(c)  Negotiate any and all terms and conditions for its
2113	investments.
2114	(d)  Invest only in funds, businesses, and infrastructure
2115	projects that have raised capital from other sources so that the
2116	amount invested in such funds, businesses, or infrastructure
2117	projects an entity in this state is at least twice the amount
2118	invested by the fund. Direct investments must be made in Florida
2119	infrastructure projects or businesses that are Florida-based or
2120	have significant business activities in Florida and operate in
2121	technology sectors that are strategic to Florida companies,
2122	including, but not limited to, enterprises in life sciences,
2123	information technology, advanced manufacturing processes,
2124	aviation and aerospace, and homeland security and defense, as
2125	well as other strategic technologies.
2126	(e)  Form or operate other entities and accept additional
2127	funds from other public and private sources to further its
2128	purpose.
2129
2130	The Opportunity Fund may not use its original legislative
2131	appropriation of $29.5 million for direct investments, including
2132	loans, in businesses or infrastructure projects, or for any
2133	purpose not specified in chapter 2007-189, Laws of Florida.
2134	(5)  By December 1 of each year, the board shall issue an
2135	annual report concerning the activities conducted by the fund to
2136	the Governor, the President of the Senate, and the Speaker of
2137	the House of Representatives. The annual report, at a minimum,
2138	must include:
2139	(a)  An accounting of the amount of investments disbursed
2140	by the fund and the progress of the fund, including the progress
2141	of business and infrastructure projects that have been provided
2142	direct investment by the fund.
2143	Section 27.  Paragraph (a) of subsection (2) of section
2144	443.1715, Florida Statutes, is amended to read:
2145	443.1715  Disclosure of information; confidentiality.--
2146	(2)  DISCLOSURE OF INFORMATION.--
2147	(a)  Subject to restrictions the Agency for Workforce
2148	Innovation or the state agency providing unemployment tax
2149	collection services adopts by rule, information declared
2150	confidential under this section is available to any agency of
2151	this or any other state, or any federal agency, charged with the
2152	administration of any unemployment compensation law or the
2153	maintenance of the one-stop delivery system, or the Bureau of
2154	Internal Revenue of the United States Department of the
2155	Treasury, the Governor's Office of Tourism, Trade, and Economic
2156	Development, or the Florida Department of Revenue. Information
2157	obtained in connection with the administration of the one-stop
2158	delivery system may be made available to persons or agencies for
2159	purposes appropriate to the operation of a public employment
2160	service or a job-preparatory or career education or training
2161	program. The Agency for Workforce Innovation shall, on a
2162	quarterly basis, furnish the National Directory of New Hires
2163	with information concerning the wages and unemployment benefits
2164	paid to individuals, by the dates, in the format, and containing
2165	the information specified in the regulations of the United
2166	States Secretary of Health and Human Services. Upon request, the
2167	Agency for Workforce Innovation shall furnish any agency of the
2168	United States charged with the administration of public works or
2169	assistance through public employment, and may furnish to any
2170	state agency similarly charged, the name, address, ordinary
2171	occupation, and employment status of each recipient of benefits
2172	and the recipient's rights to further benefits under this
2173	chapter. Except as otherwise provided by law, the receiving
2174	agency must retain the confidentiality of this information as
2175	provided in this section. The tax collection service provider
2176	may request the Comptroller of the Currency of the United States
2177	to examine the correctness of any return or report of any
2178	national banking association rendered under this chapter and may
2179	in connection with that request transmit any report or return
2180	for examination to the Comptroller of the Currency of the United
2181	States as provided in s. 3305(c) of the federal Internal Revenue
2182	Code.
2183	Section 28.  This act shall take effect July 1, 2009.
2184

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