HB 1509

1	A bill to be entitled
2	An act relating to economic development; amending s.
3	125.045, F.S.; requiring an agency or entity that receives
4	county funds for economic development purposes pursuant to
5	a contract to submit a report on the use of the funds;
6	requiring the county to include the report in its annual
7	financial audit; requiring counties to report on the
8	provision of economic development incentives to businesses
9	to the Legislative Committee on Intergovernmental
10	Relations; amending s. 166.021, F.S.; requiring an agency
11	or entity that receives municipal funds for economic
12	development purposes pursuant to a contract to submit a
13	report on the use of the funds; requiring the municipality
14	to include the report in its annual financial audit;
15	requiring municipalities to report on the provision of
16	economic development incentives to businesses to the
17	Legislative Committee on Intergovernmental Relations;
18	amending s. 220.02, F.S.; providing for the jobs for the
19	unemployed tax credit to be taken against the corporate
20	income tax or the franchise tax after other existing
21	credits are taken; amending s. 220.191, F.S.; redefining
22	the terms "qualifying business" and "qualifying project"
23	for purposes of the capital investment tax credit;
24	providing for the amount of the credit to diminish over a
25	10-year period; conforming cross-references; providing
26	that a business seeking the tax credit has the
27	responsibility of demonstrating qualification for the
28	credit to the Department of Revenue and the Office of
29	Tourism, Trade, and Economic Development; authorizing the
30	payment of a prorated tax credit under certain
31	circumstances; providing that a business that receives a
32	capital investment tax credit is not eligible for a tax
33	refund under the qualified target industry tax refund
34	program; creating s. 220.1896, F.S.; creating the Jobs for
35	the Unemployed Tax Credit Program to provide corporate
36	income tax credits to businesses that provide full-time
37	employment to persons who have been unemployed for at
38	least 6 months; defining terms; requiring businesses to
39	apply to the Office of Tourism, Trade, and Economic
40	Development to claim the credit; limiting the amount of
41	tax credits that may be approved annually; imposing a
42	monetary penalty and criminal penalties for fraudulently
43	claiming a tax credit; authorizing unused credits to be
44	carried over to subsequent years; requiring the Office of
45	Tourism, Trade, and Economic Development to adopt rules
46	governing the manner and form of applications; requiring
47	the Agency for Workforce Innovation to notify a person by
48	letter upon exhaustion of unemployment compensation
49	benefits that a tax credit may be available to the
50	person's future employer; providing that the letter may be
51	used to establish that a person is a qualified employee
52	and that a business is entitled to a tax credit;
53	authorizing the Agency for Workforce Innovation to adopt
54	rules; amending s. 288.095, F.S.; increasing the amount of
55	tax refund payments available to pay the state's share of
56	refunds under the qualified defense contractor and space
57	flight business tax refund program and the tax refund
58	program for qualified target industry businesses; creating
59	s. 288.097, F.S.; creating the Jobs for Florida Revolving
60	Loan Program within the Office of Tourism, Trade, and
61	Economic Development; defining terms; authorizing the
62	Office of Tourism, Trade, and Economic Development to
63	enter into agreements with certain certified development
64	corporations to serve as loan administrators; authorizing
65	loan administrators to issue loans to small businesses for
66	certain purposes; prohibiting a loan administrator from
67	having certain conflicts of interest; requiring loan
68	administrators to adhere to rigorous ethical standards;
69	specifying the compensation of loan administrators;
70	providing an application process to apply for a loan;
71	specifying loan criteria, including maximum loan amounts,
72	term of loans, and interest rates; creating a tax
73	exemption for certain documents or instruments used in
74	connection with a loan; requiring that loan administrators
75	submit quarterly reports of their activities to the Office
76	of Tourism, Trade, and Economic Development; requiring the
77	Office of Tourism, Trade, and Economic Development to
78	submit annual reports of information relating to the
79	program to the Governor, the President of the Senate, and
80	the Speaker of the House of Representatives; providing for
81	the unexpended balances of appropriations to the program
82	to remain in the program; requiring the Office of
83	Financial Regulation to review the activities of a loan
84	administrator and prepare a report of the findings from
85	the review; requiring the Office of Financial Regulation
86	to issue a report to the Governor, the President of the
87	Senate, and the Speaker of the House of Representatives
88	which contains a compilation of data from its reviews of
89	loan administrators; requiring the Office of Tourism,
90	Trade, and Economic Development to adopt rules to
91	administer the program; prohibiting the issuance of loans
92	after a certain date; providing for future expiration of
93	the program; amending s. 288.125, F.S.; redefining the
94	term "entertainment industry" to include digital media
95	studios and digital media projects; amending s. 288.1251,
96	F.S.; requiring the Office of Film and Entertainment to
97	update its strategic plan every 5 years; deleting
98	requirements for the Office of Film and Entertainment to
99	represent certain decisionmakers within the entertainment
100	industry and to act as a liaison between entertainment
101	industry producers and labor organizations; amending s.
102	288.1252, F.S.; deleting obsolete provisions relating to
103	the appointment of initial members of the Film and
104	Entertainment Advisory Council; amending s. 288.1253,
105	F.S.; eliminating provisions authorizing the payment of
106	travel expenses to persons other than employees of the
107	Office of Film and Entertainment, the Governor and
108	Lieutenant Governor, and security staff; providing for the
109	payment of travel expenses through reimbursements;
110	amending s. 288.1258, F.S.; requiring the Office of Film
111	and Entertainment to include in its records the ratio of
112	tax exemptions and incentives to the estimated funds
113	expended by a certified production; amending s. 290.00677,
114	F.S.; conforming references to rural communities in
115	provisions for tax credits in rural enterprise zones;
116	amending s. 373.441, F.S.; requiring the Department of
117	Environmental Protection to adopt rules that authorize a
118	local government to petition the Governor and Cabinet for
119	certain delegation requests; requiring the Department of
120	Environmental Protection to detail the statutes or rules
121	that were not satisfied by a local government that made a
122	request for delegation and to detail actions that could be
123	taken to allow for delegation; authorizing a local
124	government to petition the Governor and Cabinet to review
125	the denial of a delegation request; requiring certain
126	counties and municipalities to apply for delegation by a
127	certain date to require permits similar to an
128	environmental resource permit; requiring the Office of
129	Program Policy Analysis and Government Accountability to
130	review the Florida Enterprise Zone Act and submit a report
131	of its findings and recommendations to the Governor, the
132	President of the Senate, and the Speaker of the House of
133	Representatives; extending certain water-related permits
134	issued by the Department of Environmental Protection or
135	water management districts pursuant to ch. 373, F.S., and
136	certain local-government issued development orders and
137	building permits; amending s. 47 of chapter 2009-82, Laws
138	of Florida; delaying the expiration of the Florida
139	Homebuyer Opportunity Program; providing an effective
140	date.
141
142	Be It Enacted by the Legislature of the State of Florida:
143
144	Section 1.  Subsections (4) and (5) are added to section
145	125.045, Florida Statutes, is amended to read:
146	125.045  County economic development powers.-
147	(4)  A contract between the governing body of a county or
148	other entity engaged in economic development activities on
149	behalf of the county and an economic development agency must
150	require the agency or entity receiving county funds to submit a
151	report to the governing body of the county detailing how the
152	county funds are spent and detailing the results of the economic
153	development agency's or entity's efforts on behalf of the
154	county. The county shall include the report as an addendum to
155	the county's annual financial audit.
156	(5)(a)  By December 1 of each year, beginning in 2010, each
157	county shall report to the Legislative Committee on
158	Intergovernmental Relations the economic development incentives
159	given to any business during the county's previous fiscal year.
160	Economic development incentives include:
161	1.  Direct financial incentives of monetary assistance
162	provided to a business from the county or through an
163	organization authorized by the county. Such incentives include
164	grants, loans, equity investments, loan insurance and
165	guarantees, and training subsidies.
166	2.  Indirect incentives in the form of grants and loans
167	provided to businesses and community organizations that provide
168	support to businesses or promote business investment or
169	development.
170	3.  Fee-based or tax-based incentives, including credits,
171	refunds, exemptions, and property tax abatement or assessment
172	reductions.
173	4.  Below-market rate leases or deeds for real property.
174	5.  Any other inducement provided to a business in order
175	for the business to create or retain jobs, relocate to or remain
176	in the county, or expand its current operations in the county.
177	(b)  A county shall report its economic development
178	incentives in the format specified by the Legislative Committee
179	on Intergovernmental Relations.
180	(c)  The Legislative Committee on Intergovernmental
181	Relations shall compile the economic development incentives
182	provided by each county in a manner that shows the total of each
183	class of economic development incentives provided by each county
184	and all counties.
185	(d)  If a county does not provide any economic development
186	incentives during its previous fiscal year, the governing body
187	of the county must report to the Legislative Committee on
188	Intergovernmental Relations that the county did not provide any
189	incentives.
190	Section 2.  Paragraph (d) of subsection (9) of section
191	166.021, Florida Statutes, is amended and redesignated as
192	paragraph (f), and new paragraphs (d) and (e) are added to that
193	subsection, to read:
194	166.021  Powers.-
195	(9)
196	(d)  A contract between the governing body of a
197	municipality or other entity engaged in economic development
198	activities on behalf of the municipality and an economic
199	development agency must require the agency or entity receiving
200	municipal funds to submit a report to the governing body of the
201	municipality detailing how the municipal funds were spent and
202	detailing the results of the economic development agency's or
203	entity's efforts on behalf of the municipality. The municipality
204	shall include the report as an addendum to the municipality's
205	annual financial audit.
206	(e)1.  By December 1 of each year, beginning in 2010, each
207	municipality having annual revenues or expenditures greater than
208	$250,000 shall report to the Legislative Committee on
209	Intergovernmental Relations the economic development incentives
210	given to any business during the municipality's previous fiscal
211	year. Economic development incentives include:
212	a.  Direct financial incentives of monetary assistance
213	provided to a business from the municipality or through an
214	organization authorized by the municipality. Such incentives
215	include grants, loans, equity investments, loan insurance and
216	guarantees, and training subsidies.
217	b.  Indirect incentives in the form of grants and loans
218	provided to businesses and community organizations that provide
219	support to businesses or promote business investment or
220	development.
221	c.  Fee-based or tax-based incentives, including credits,
222	refunds, exemptions, and property tax abatement or assessment
223	reductions.
224	d.  Below-market rate leases or deeds for real property.
225	e.  Any other inducement provided to a business in order
226	for the business to create or retain jobs, relocate to or remain
227	in the municipality, or expand its current operations in the
228	municipality.
229	2.  A municipality shall report its economic development
230	incentives in the format specified by the Legislative Committee
231	on Intergovernmental Relations.
232	3.  The Legislative Committee on Intergovernmental
233	Relations shall compile the economic development incentives
234	provided by each municipality in a manner that shows the total
235	of each class of economic development incentives provided by
236	each municipality and all municipalities.
237	4.  If a municipality does not provide any economic
238	development incentives during its previous fiscal year, the
239	governing body of the municipality must report to the
240	Legislative Committee on Intergovernmental Relations that the
241	municipality did not provide any incentives.
242	(f)(d)  Nothing contained in This subsection does not limit
243	shall be construed as a limitation on the home rule powers
244	granted by the State Constitution to for municipalities.
245	Section 3.  Subsection (8) of section 220.02, Florida
246	Statutes, is amended to read:
247	220.02  Legislative intent.-
248	(8)  It is the intent of the Legislature that credits
249	against either the corporate income tax or the franchise tax be
250	applied in the following order: those enumerated in s. 631.828,
251	those enumerated in s. 220.191, those enumerated in s. 220.181,
252	those enumerated in s. 220.183, those enumerated in s. 220.182,
253	those enumerated in s. 220.1895, those enumerated in s. 221.02,
254	those enumerated in s. 220.184, those enumerated in s. 220.186,
255	those enumerated in s. 220.1845, those enumerated in s. 220.19,
256	those enumerated in s. 220.185, those enumerated in s. 220.187,
257	those enumerated in s. 220.192, those enumerated in s. 220.193,
258	and those enumerated in s. 288.9916, and those enumerated in s.
259	220.1896.
260	Section 4.  Section 220.191, Florida Statutes, is amended
261	to read:
262	220.191  Capital investment tax credit.-
263	(1)  DEFINITIONS.-For purposes of this section:
264	(a)  "Commencement of operations" means the beginning of
265	active operations by a qualifying business of the principal
266	function for which a qualifying project was constructed.
267	(b)  "Cumulative capital investment" means the total
268	capital investment in land, buildings, and equipment made in
269	connection with a qualifying project during the period from the
270	beginning of construction of the project to the commencement of
271	operations.
272	(c)  "Eligible capital costs" means all expenses incurred
273	by a qualifying business in connection with the acquisition,
274	construction, installation, and equipping of a qualifying
275	project during the period from the beginning of construction of
276	the project to the commencement of operations, including, but
277	not limited to:
278	1.  The costs of acquiring, constructing, installing,
279	equipping, and financing a qualifying project, including all
280	obligations incurred for labor and obligations to contractors,
281	subcontractors, builders, and materialmen.
282	2.  The costs of acquiring land or rights to land and any
283	cost incidental thereto, including recording fees.
284	3.  The costs of architectural and engineering services,
285	including test borings, surveys, estimates, plans and
286	specifications, preliminary investigations, environmental
287	mitigation, and supervision of construction, as well as the
288	performance of all duties required by or consequent to the
289	acquisition, construction, installation, and equipping of a
290	qualifying project.
291	4.  The costs associated with the installation of fixtures
292	and equipment; surveys, including archaeological and
293	environmental surveys; site tests and inspections; subsurface
294	site work and excavation; removal of structures, roadways, and
295	other surface obstructions; filling, grading, paving, and
296	provisions for drainage, storm water retention, and installation
297	of utilities, including water, sewer, sewage treatment, gas,
298	electricity, communications, and similar facilities; and offsite
299	construction of utility extensions to the boundaries of the
300	property.
301
302	Eligible capital costs shall not include the cost of any
303	property previously owned or leased by the qualifying business.
304	(d)  "Income generated by or arising out of the qualifying
305	project" means the qualifying project's annual taxable income as
306	determined by generally accepted accounting principles and under
307	s. 220.13.
308	(e)  "Jobs" means full-time equivalent positions, as that
309	term is consistent with terms used by the Agency for Workforce
310	Innovation and the United States Department of Labor for
311	purposes of unemployment tax administration and employment
312	estimation, resulting directly from a project in this state. The
313	term does not include temporary construction jobs involved in
314	the construction of the project facility.
315	(f)  "Office" means the Office of Tourism, Trade, and
316	Economic Development.
317	(g)  "Qualifying business" means a business that is
318	designated as a qualified target industry business pursuant to
319	s. 288.106(1)(q), which establishes a qualifying project in this
320	state, and which is certified by the office to receive tax
321	credits pursuant to this section.
322	(h)  "Qualifying project" means:
323	1.  A new or expanding facility in this state which creates
324	at least 50 100 new jobs in this state, pays an annual average
325	wage of at least 130 percent of the average private sector wage
326	in the area as defined in s. 288.106(1)(b), makes a cumulative
327	capital investment of at least $25 million in this state, and is
328	a qualified target industry business pursuant to s.
329	288.106(1)(q) in one of the high-impact sectors identified by
330	Enterprise Florida, Inc., and certified by the office pursuant
331	to s. 288.108(6), including, but not limited to, aviation,
332	aerospace, automotive, and silicon technology industries; or
333	2.  A new or expanded facility in this state which is
334	engaged in a target industry designated pursuant to the
335	procedure specified in s. 288.106(1)(o) and which is induced by
336	this credit to create or retain at least 1,000 jobs in this
337	state, provided that at least 100 of those jobs are new, pay an
338	annual average wage of at least 130 percent of the average
339	private sector wage in the area as defined in s. 288.106(1), and
340	make a cumulative capital investment of at least $100 million
341	after July 1, 2005. Jobs may be considered retained only if
342	there is significant evidence that the loss of jobs is imminent.
343	Notwithstanding subsection (2), annual credits against the tax
344	imposed by this chapter shall not exceed 50 percent of the
345	increased annual corporate income tax liability or the premium
346	tax liability generated by or arising out of a project
347	qualifying under this subparagraph. A facility that qualifies
348	under this subparagraph for an annual credit against the tax
349	imposed by this chapter may take the tax credit for a period not
350	to exceed 5 years; or
351	2.3.  A new or expanded headquarters facility in this state
352	which locates in an enterprise zone and brownfield area and is
353	induced by this credit to create at least 1,500 jobs that which
354	on average pay at least 200 percent of the statewide average
355	annual private sector wage, as published by the Agency for
356	Workforce Innovation or its successor, and which new or expanded
357	headquarters facility makes a cumulative capital investment in
358	this state of at least $250 million.
359	(2)(a)  An annual credit against the tax imposed by this
360	chapter shall be granted to any qualifying business in an amount
361	equal to a diminishing percentage 5 percent of the eligible
362	capital costs generated by a qualifying project during a 10-
363	year, for a period not to exceed 20 years beginning with the
364	commencement of operations of the project. The credit shall be
365	awarded as follows: 15 percent of the eligible capital costs
366	each year in years 1 through 3; 10 percent each year in years 4
367	through 7; and 5 percent each year in years 8 through 10. Unless
368	assigned as described in this subsection, the tax credit shall
369	be granted against only the corporate income tax liability or
370	the premium tax liability generated by or arising out of the
371	qualifying project, and the sum of all tax credits provided
372	pursuant to this section may shall not exceed 100 percent of the
373	eligible capital costs of the project. In no event may any
374	credit granted under this section be carried forward or backward
375	by any qualifying business with respect to a subsequent or prior
376	year. The annual tax credit granted under this section may shall
377	not exceed the following percentages of the annual corporate
378	income tax liability or the premium tax liability generated by
379	or arising out of a qualifying project:
380	1.  One hundred percent for a qualifying project which
381	results in a cumulative capital investment of at least $100
382	million.
383	2.  Seventy-five percent for a qualifying project which
384	results in a cumulative capital investment of at least $50
385	million but less than $100 million.
386	3.  Fifty percent for a qualifying project which results in
387	a cumulative capital investment of at least $25 million but less
388	than $50 million.
389	(b)  A qualifying project that which results in a
390	cumulative capital investment of less than $25 million is not
391	eligible for the capital investment tax credit. However, an
392	insurance company claiming a credit against premium tax
393	liability under this program is shall not be required to pay any
394	additional retaliatory tax levied pursuant to s. 624.5091 as a
395	result of claiming such credit. Because credits under this
396	section are available to an insurance company, s. 624.5091 does
397	not limit such credit in any manner.
398	(c)  A qualifying business that establishes a qualifying
399	project that includes locating a new solar panel manufacturing
400	facility in this state which that generates a minimum of 400
401	jobs within 6 months after commencement of operations with an
402	average salary of at least $50,000 may assign or transfer the
403	annual credit, or any portion thereof, granted under this
404	section to any other business. However, the amount of the tax
405	credit that may be transferred in any year shall be the lesser
406	of the qualifying business's state corporate income tax
407	liability for that year, as limited by the percentages
408	applicable under paragraph (a) and as calculated prior to taking
409	any credit pursuant to this section, or the credit amount
410	granted for that year. A business receiving the transferred or
411	assigned credits may use the credits only in the year received,
412	and the credits may not be carried forward or backward. To
413	perfect the transfer, the transferor shall provide the
414	department with a written transfer statement notifying the
415	department of the transferor's intent to transfer the tax
416	credits to the transferee; the date the transfer is effective;
417	the transferee's name, address, and federal taxpayer
418	identification number; the tax period; and the amount of tax
419	credits to be transferred. The department shall, upon receipt of
420	a transfer statement conforming to the requirements of this
421	paragraph, provide the transferee with a certificate reflecting
422	the tax credit amounts transferred. A copy of the certificate
423	must be attached to each tax return for which the transferee
424	seeks to apply such tax credits.
425	(3)(a)  Notwithstanding subsection (2), an annual credit
426	against the tax imposed by this chapter shall be granted to a
427	qualifying business that which establishes a qualifying project
428	pursuant to subparagraph (1)(h)2. (1)(h)3., in an amount equal
429	to the lesser of $15 million or 5 percent of the eligible
430	capital costs made in connection with a qualifying project, for
431	a period not to exceed 20 years beginning with the commencement
432	of operations of the project. The tax credit shall be granted
433	against the corporate income tax liability of the qualifying
434	business and as further provided in paragraph (c). The total tax
435	credit provided pursuant to this subsection shall be equal to no
436	more than 100 percent of the eligible capital costs of the
437	qualifying project.
438	(b)  If the credit granted under this subsection is not
439	fully used in any one year because of insufficient tax liability
440	on the part of the qualifying business, the unused amount may be
441	carried forward for a period not to exceed 20 years after the
442	commencement of operations of the project. The carryover credit
443	may be used in a subsequent year when the tax imposed by this
444	chapter for that year exceeds the credit for which the
445	qualifying business is eligible in that year under this
446	subsection after applying the other credits and unused
447	carryovers in the order provided by s. 220.02(8).
448	(c)  The credit granted under this subsection may be used
449	in whole or in part by the qualifying business or any
450	corporation that is either a member of that qualifying
451	business's affiliated group of corporations, is a related entity
452	taxable as a cooperative under subchapter T of the Internal
453	Revenue Code, or, if the qualifying business is an entity
454	taxable as a cooperative under subchapter T of the Internal
455	Revenue Code, is related to the qualifying business. Any entity
456	related to the qualifying business may continue to file as a
457	member of a Florida-nexus consolidated group pursuant to a prior
458	election made under s. 220.131(1), Florida Statutes (1985), even
459	if the parent of the group changes due to a direct or indirect
460	acquisition of the former common parent of the group. Any credit
461	may can be used by any of the affiliated companies or related
462	entities referenced in this paragraph to the same extent as it
463	could have been used by the qualifying business. However, any
464	such use does shall not operate to increase the amount of the
465	credit or extend the period within which the credit must be
466	used.
467	(4)  Prior to receiving tax credits pursuant to this
468	section, a qualifying business must achieve and maintain the
469	minimum employment goals beginning with the commencement of
470	operations at a qualifying project and continuing each year
471	thereafter during which tax credits are available pursuant to
472	this section. However, the office may approve a prorated tax
473	credit amount for a qualifying business that satisfies the
474	capital investment and average wage requirements but has not met
475	the employment requirements because of market conditions. The
476	prorated tax refund shall be calculated by multiplying the tax
477	refund amount for which the qualifying business would have been
478	eligible if all applicable requirements had been satisfied by
479	the percentage of the average employment specified in the tax
480	refund agreement which was actually achieved.
481	(5)  Applications shall be reviewed and certified pursuant
482	to s. 288.061. The office, upon a recommendation by Enterprise
483	Florida, Inc., shall first certify a business as eligible to
484	receive tax credits pursuant to this section prior to the
485	commencement of operations of a qualifying project, and such
486	certification shall be transmitted to the Department of Revenue.
487	Upon receipt of the certification, the Department of Revenue
488	shall enter into a written agreement with the qualifying
489	business specifying, at a minimum, the method by which income
490	generated by or arising out of the qualifying project will be
491	determined.
492	(6)  The office, in consultation with Enterprise Florida,
493	Inc., may is authorized to develop the necessary guidelines and
494	application materials for the certification process described in
495	subsection(5).
496	(7)  It shall be the responsibility of The qualifying
497	business has the responsibility to affirmatively demonstrate to
498	the satisfaction of the department and the office of Revenue
499	that such business meets the job creation and capital investment
500	requirements of this section.
501	(8)  The department of Revenue may specify by rule the
502	methods by which a qualifying project's pro forma annual taxable
503	income is determined.
504	(9)  A business that receives a tax credit under this
505	section is not eligible for a tax refund under the tax refund
506	program for qualified target industry businesses provided in s.
507	288.106.
508	Section 5.  Section 220.1896, Florida Statutes, is created
509	to read:
510	220.1896  Jobs for the Unemployed Tax Credit Program.-
511	(1)  As used in this section, the term:
512	(a)  "Eligible business" means a business that is subject
513	to the tax imposed by this chapter and is a target industry
514	business as defined in s. 288.106(1)(o).
515	(b)  "Office" means the Office of Tourism, Trade, and
516	Economic Development.
517	(c)  "Qualified employee" means any person who:
518	1.  Was unemployed for at least 6 months before being
519	employed by an eligible business.
520	2.  Received state unemployment compensation benefits
521	pursuant to chapter 443.
522	3.  Performs duties connected with the operations of an
523	eligible business on a regular, full-time basis for an average
524	of at least 36 hours per week for at least 12 months before an
525	eligible business files for the tax credit.
526	(2)  An eligible business shall receive a $1,000 tax credit
527	per year for each qualified employee for a maximum of 2 tax
528	years. An eligible business may apply for a tax credit under
529	this section at any time it is entitled to such credit.
530	(3)(a)  In order to claim the credit under this section, an
531	eligible business must file an application under oath with the
532	office which includes the name and address of the eligible
533	business, relevant employment information, and any other
534	information necessary to process the application.
535	(b)  Applications shall be reviewed and certified pursuant
536	to s. 288.061.
537	(c)  The maximum amount of tax credits under this section
538	that may be approved during a calendar year is $5 million.
539	Applications shall be considered for approval in the order in
540	which they are received without regard to whether the credit is
541	for a new or existing business. This limit applies to the value
542	of the credit as contained in approved applications. Approved
543	credits may be taken in the time and manner allowed pursuant to
544	this section.
545	(4)  If the application is not sufficient to support the
546	tax credit authorized in this section, the office shall deny the
547	credit and notify the business of the denial. The business may
548	reapply for the credit within 3 months after notification of the
549	denial.
550	(5)  The applicant for a tax credit has the responsibility
551	to affirmatively demonstrate to the satisfaction of the
552	department and the office that it meets the requirements of this
553	section.
554	(6)  A person who fraudulently claims the credit is liable
555	for repayment of the credit plus a mandatory penalty of 100
556	percent of the credit. Such person also commits a misdemeanor of
557	the second degree, punishable as provided in s. 775.082 or s.
558	775.083.
559	(7)  A corporation may take the credit under this section
560	against its corporate income tax liability. If any credit
561	granted under this section is not fully used in the first year
562	in which it becomes available, the unused amount may be carried
563	forward for a period not to exceed 5 years. The carryover credit
564	may be used in a subsequent year when the tax imposed by this
565	chapter for such year exceeds the credit for such year under
566	this section after applying the other credits and unused credit
567	carryovers in the order provided in s. 220.02(8).
568	(8)  The office shall adopt rules governing the manner and
569	form of applications for the tax credit. The office may
570	establish guidelines for making an affirmative showing of
571	qualification for the credit under this section.
572	(9)  The Agency for Workforce Innovation shall notify a
573	person receiving state unemployment compensation benefits that a
574	tax benefit under this section may be available to his or her
575	future employer. The letter must include the date of the last
576	day the person was employed, if available, and the date on which
577	the person became eligible to receive unemployment compensation
578	benefits. The notice may be used by an employer to establish
579	that a person is a qualified employee and entitled to the tax
580	credit under this section. The Agency for Workforce Innovation
581	may adopt rules to administer this subsection.
582	Section 6.  Paragraph (a) of subsection (3) of section
583	288.095, Florida Statutes, is amended to read:
584	288.095  Economic Development Trust Fund.-
585	(3)(a)  The Office of Tourism, Trade, and Economic
586	Development may approve applications for certification pursuant
587	to ss. 288.1045(3) and 288.106. However, the total state share
588	of tax refund payments scheduled in all active certifications
589	for fiscal year 2001-2002 may not exceed $30 million. The total
590	state share of tax refund payments for active certifications for
591	each subsequent fiscal year may not exceed $100 $35 million.
592	Section 7.  Section 288.097, Florida Statutes, is created
593	to read:
594	288.097  Jobs for Florida Revolving Loan Program.-
595	(1)  PURPOSE.-The Jobs for Florida Revolving Loan Program
596	is created within the Office of Tourism, Trade, and Economic
597	Development. The purpose of the program is to provide short-term
598	financing to qualified small businesses to hire, retain, or
599	train employees; to supply inventory; or to make capital or
600	telecommunications improvements that are linked to employment.
601	The goals of the program are to enable small businesses to
602	remain competitive by assisting them in obtaining financing for
603	their continued operation or expansion; supporting the skilled
604	workforce in this state; and creating a positive return on the
605	state's investment.
606	(2)  DEFINITIONS.-As used in this section, the term:
607	(a)  "Loan administrator" means a certified development
608	corporation that is selected the Office of Tourism, Trade, and
609	Economic Development to participate in the Jobs for Florida
610	Revolving Loan Program.
611	(b)  "Office" means the Office of Tourism, Trade, and
612	Economic Development.
613	(c)  "Small business" means a Florida-based business that
614	has 50 or fewer full-time employees and that meets the
615	requirements for a federal 504 loan offered through the United
616	States Small Business Administration.
617	(3)  LOAN PROCEEDS.-The proceeds of a loan authorized under
618	the program may be used to:
619	(a)  Hire, retain, or retrain employees;
620	(b)  Install or provide access to telecommunications
621	services, energy sources, or other utilities;
622	(c)  Resupply inventory, including payment of
623	transportation or shipping costs related to the resupply; or
624	(d)  Make capital improvements or provide working capital
625	to make expenditures necessary to employ, hire, retain, or
626	retrain employees.
627	(4)  SELECTION OF LOAN ADMINISTRATORS.-
628	(a)  The office may enter into agreements with nonprofit,
629	Florida-based certified development corporations certified
630	pursuant to 15 U.S.C. s. 697 to provide loans to qualified small
631	businesses as loan administrators. To be eligible to participate
632	in the program as a loan administrator, a certified development
633	corporation also must have 5 years of verifiable experience of
634	lending to businesses in this state and sufficient staff and
635	expertise to conduct the loan-making process.
636	(b)  Each certified development corporation applying to
637	become a loan administrator must submit an application to the
638	office which includes:
639	1.  A plan for its proposed lending activities under the
640	program, including, but not limited to, a description of its
641	underwriting, credit policies and procedures, credit decision
642	processes, monitoring policies and procedures, collection
643	practices, and outreach efforts.
644	2.  Samples of loan documentation in use by the certified
645	development corporation on the date of its application.
646	3.  A detailed description and supporting documentation of
647	the nature of the partnerships that the certified development
648	corporation has with local or regional economic and business
649	development organizations.
650	(c)  The office shall enter into a grant agreement with
651	each certified development corporation selected to participate
652	in the program as a loan administrator. Each grant agreement
653	must specify the aggregate amount of the loans which the loan
654	administrator may award. The term of the grant agreement must be
655	at least 5 years, except that the office may terminate an
656	agreement earlier if the loan administrator fails to meet
657	minimum performance standards set by the office. The grant
658	agreement may be amended by mutual consent of both parties.
659	(5)  CONFLICTS OF INTEREST.-
660	(a)  A loan administrator may not award a loan to an
661	applicant who serves on its board of directors, who is an
662	employee of the loan administrator, or who has a contractual
663	business arrangement with any member of the loan administrator's
664	board of directors or employees.
665	(b)  A loan administrator shall establish and follow
666	rigorous standards for ethical conduct. Such standards must
667	identify and prohibit conduct that may create a conflict of
668	interest.
669	(6)  DISBURSEMENT TO LOAN ADMINISTRATORS.-The office shall
670	submit a list of loan administrators participating in the
671	program to the Chief Financial Officer. The appropriations to
672	fund the loans that may be made under the program shall be
673	maintained in the State Treasury until the funds are needed to
674	make the loans. The State Treasury may not disburse to a loan
675	administrator more than the aggregate amount of the loans
676	authorized in the grant agreement and may not disburse more than
677	50 percent of the aggregate amount of the loans authorized in
678	the grant agreement in the first year of a grant agreement.
679	(7)  COMPENSATION OF LOAN ADMINISTRATORS.-
680	(a)  A loan administrator is entitled to receive a loan
681	origination fee, payable at closing, equal to 1 percent of each
682	loan issued by the loan administrator and a servicing fee of
683	0.625 percent per annum of the loan's outstanding principal
684	balance, payable monthly. During the first 12 months of the
685	loan, the servicing fee shall be paid from a disbursement from
686	the Economic Development Trust Fund. The loan administrator
687	shall subsequently collect the servicing fee from payments made
688	by the borrower, deducting the fee from payments for principal.
689	The loan administrator may also collect reasonable, industry-
690	standard loan closing costs from the borrower.
691	(b)  A loan administrator, after collecting the servicing
692	fee pursuant to paragraph (a), shall remit the borrower's
693	collected interest, principal payment, and charges for late
694	payments to the State Treasury on a quarterly basis. If the
695	borrower defaults on the loan, the loan administrator shall
696	initiate collection efforts to seek repayment of the loan. The
697	loan administrator, upon collecting payments for a defaulted
698	loan, shall remit the payments to the State Treasury, less any
699	collection costs that may be deducted pursuant to the grant
700	agreement with the loan administrator.
701	(8)  LOAN APPLICATIONS.-
702	(a)  To be eligible for a loan under the program, an
703	applicant must be a small business and must have been determined
704	to be eligible for a Small Business Administration 503 loan.
705	(b)  A loan applicant must submit a written application to
706	the loan administrator in the format prescribed by the loan
707	administrator. The application must include:
708	1.  The applicant's federal employer identification number,
709	unemployment account number, and sales or other tax registration
710	number.
711	2.  The street address of the applicant's principal place
712	of business in this state.
713	3.  A description of the type of economic activity,
714	product, or research and development undertaken by the
715	applicant, including the six-digit North American Industry
716	Classification System code for each type of economic activity
717	conducted by the applicant.
718	4.  The applicant's annual revenue, number of employees,
719	number of full-time equivalent employees, and other information
720	necessary to verify the applicant's eligibility.
721	5.  The projected investment in the business, if any, which
722	the applicant proposes in conjunction with the loan.
723	6.  The total investment in the business from all sources,
724	if any, which the applicant proposes in conjunction with the
725	loan.
726	7.  The number of net new full-time equivalent jobs that,
727	as a result of the loan, the applicant proposes to create in
728	this state as of December 31 of each year and the average annual
729	wage of the proposed jobs.
730	8.  The date by which the applicant anticipates it will
731	need the loan.
732	9.  A detailed explanation of why the loan is needed to
733	assist the applicant in increasing employment in this state.
734	10.  A statement that all of the applicant's available
735	corporate assets are pledged as collateral for the amount of the
736	loan.
737	11.  A statement that the applicant, upon receiving the
738	loan, agrees not to seek additional long-term debt without prior
739	approval of the loan administrator.
740	12.  A statement that the loan is a joint obligation of the
741	business and of each person who owns at least 20 percent of the
742	business.
743	13.  Any additional information requested by the office or
744	the loan administrator.
745	(c)  The loan administrator, before granting an application
746	for a loan, must:
747	1.  Verify the accuracy of the information in the loan
748	application.
749	2.  Evaluate whether an applicant, as compared to other
750	applicants, is best able to use the loan to make a successful
751	long-term commitment to this state. In evaluating applicants,
752	the loan administrator must also consider:
753	a.  Whether the applicant has applied for or received
754	incentives from local governments.
755	b.  Whether the applicant has applied for or received
756	waivers of taxes, impact fees, or other fees or charges by local
757	governments.
758	c.  Whether other sources of investments or financing are
759	available to the applicant to fund the project that is the
760	subject of the loan application.
761	(9)  LOANS.-An applicant who is awarded a loan under this
762	section must enter into a loan agreement with the loan
763	administrator that provides for the borrower's repayment of the
764	loan. Under the loan agreement, the loan:
765	(a)  May not exceed $200,000.
766	(b)  May be used only for the purposes specified in
767	subsection (3).
768	(c)  Must be secured by a lien on all of the borrower's
769	available corporate assets which is recorded by the loan
770	administrator pursuant to the Uniform Commercial Code.
771	(d)  May not exceed 3 years.
772	(e)  Shall have an interest rate of 2 percent. However, if
773	the borrower does not create the required number of jobs within
774	the time period specified in the loan agreement, the interest
775	rate shall be increased for the remaining period of the loan to
776	the prime rate published in the Wall Street Journal, plus 4
777	percentage points. The loan agreement may provide flexibility in
778	creating the required number of jobs for delays due to
779	governmental regulatory issues, including, but not limited to,
780	permitting.
781	(f)  Shall require the payment of interest only for the
782	first 12 months of the loan. Such interest payment shall be due
783	at the end of the 12th month. Thereafter, payment for interest
784	and principal is due each month until the loan is paid in full.
785	Interest and principal payments are based on the unpaid balance
786	of the total loan amount.
787	(10)  TAX EXEMPTION FOR CERTAIN INSTRUMENTS.-All notes,
788	mortgages, security agreements, letters of credit, or other
789	instruments that are given to secure the repayment of loans
790	issued in connection with the financing of any loan under the
791	program, without regard to the status of any party thereto as a
792	private party, are exempt from taxation by the state and its
793	political subdivisions. The exemption granted in this subsection
794	does not apply to any tax imposed by chapter 220 on interest,
795	income, or profits on debt obligations owned by corporations.
796	(11)  QUARTERLY REPORTS.-Each loan administrator shall
797	submit quarterly reports to the office which must include the
798	information required in the grant agreement and:
799	(a)  The number of full-time equivalent jobs created or
800	retained as a result of the loans.
801	(b)  The amount of wages paid to employees in the newly
802	created jobs, and, separately, the amount of wages paid to
803	employees who were retained.
804	(c)  The locations and types of economic activity
805	undertaken by the borrowers.
806	(d)  The number and amount of delinquencies of loans
807	approved.
808	(12)  ANNUAL REPORT.-On January 15 of each year, beginning
809	in 2011, the office shall submit a report to the Governor, the
810	President of the Senate, and the Speaker of the House of
811	Representatives which describes in detail the use of the loan
812	funds. The report must include, at a minimum:
813	(a)  The number of businesses receiving loans.
814	(b)  A profile of the businesses receiving the loans,
815	including their location, how long they have been operating, and
816	the product or service produced.
817	(c)  The number of full-time equivalent jobs created or
818	retained as a result of the loans.
819	(d)  The amount of wages paid to employees in the newly
820	created jobs and to the retained employees.
821	(e)  The amounts of loan repayments made to date.
822	(f)  The default rate of borrowers.
823	(g)  An assessment of whether the program is achieving its
824	goals to make capital available to small businesses, to create
825	or retain jobs, and to generate a positive return on the state's
826	investment.
827	(13)  CARRYFORWARD OF APPROPRIATIONS.-Unexpended balances
828	of appropriations provided for the program, repayment of loans,
829	and payment of loan interest do not revert to the fund from
830	which the appropriation was made at the end of a fiscal year,
831	but are carried forward each subsequent fiscal year for
832	expenditures for new loans and any other specified use
833	authorized by the program.
834	(14)  COMPLIANCE REVIEWS.-The Office of Financial
835	Regulation shall review each loan administrator's activities
836	under this program once every 36 months to determine compliance
837	with laws and rules related to loan practices and shall prepare
838	a report based on its review and evaluation. Any corrective
839	actions recommended by the Office of Financial Regulation shall
840	be discussed with the loan administrator and with the office. A
841	compilation of the reports, without confidential or identifying
842	information related to the loan recipients, shall be prepared by
843	the Office of Financial Regulation and submitted to the
844	Governor, the President of the Senate, and the Speaker of the
845	House of Representatives, by March 1, beginning in 2014 and
846	every 3 years thereafter.
847	(15)  RULEMAKING.-The office shall adopt rules to
848	administer this section.
849	(16)  LENDING DEADLINE.-A loan administrator may not award
850	a new loan or enter into a loan agreement after June 30, 2023.
851	(17)  TERMINATION OF PROGRAM.-This section expires June 30,
852	2026.
853	Section 8.  Section 288.125, Florida Statutes, is amended
854	to read:
855	288.125  Definition of "entertainment industry".-For the
856	purposes of ss. 288.1251-288.1258, the term "entertainment
857	industry" means those persons or entities engaged in the
858	operation of motion picture or television studios, digital media
859	studios, or recording studios; those persons or entities engaged
860	in the preproduction, production, or postproduction of motion
861	pictures, made-for-television movies, television programming,
862	digital media projects, commercial advertising, music videos, or
863	sound recordings; and those persons or entities providing
864	products or services directly related to the preproduction,
865	production, or postproduction of motion pictures, made-for-
866	television movies, television programming, digital media
867	projects, commercial advertising, music videos, or sound
868	recordings, including, but not limited to, the broadcast
869	industry.
870	Section 9.  Paragraph (b) of subsection (1) and paragraph
871	(a) of subsection (2) of section 288.1251, Florida Statutes, are
872	amended to read:
873	288.1251  Promotion and development of entertainment
874	industry; Office of Film and Entertainment; creation; purpose;
875	powers and duties.-
876	(1)  CREATION.-
877	(b)  The Office of Tourism, Trade, and Economic Development
878	shall conduct a national search for a qualified person to fill
879	the position of Commissioner of Film and Entertainment, when the
880	position is vacant. and The Executive Director of the Office of
881	Tourism, Trade, and Economic Development has the responsibility
882	to shall hire the commissioner of Film and Entertainment.
883	Qualifications for the commissioner Guidelines for selection of
884	the Commissioner of Film and Entertainment shall include, but
885	are not be limited to, the Commissioner of Film and
886	Entertainment having the following:
887	1.  A working knowledge of the equipment, personnel,
888	financial, and day-to-day production operations of the
889	industries to be served by the Office of Film and Entertainment;
890	2.  Marketing and promotion experience related to the film
891	and entertainment industries to be served by the office;
892	3.  Experience working with a variety of individuals
893	representing large and small entertainment-related businesses,
894	industry associations, local community entertainment industry
895	liaisons, and labor organizations; and
896	4.  Experience working with a variety of state and local
897	governmental agencies.
898	(2)  POWERS AND DUTIES.-
899	(a)  The Office of Film and Entertainment, in performance
900	of its duties, shall:
901	1.  In consultation with the Florida Film and Entertainment
902	Advisory Council, update the develop and implement a 5-year
903	strategic plan every 5 years to guide the activities of the
904	Office of Film and Entertainment in the areas of entertainment
905	industry development, marketing, promotion, liaison services,
906	field office administration, and information. The plan, to be
907	developed by no later than June 30, 2000, shall:
908	a.  Be annual in construction and ongoing in nature.
909	b.  Include recommendations relating to the organizational
910	structure of the office.
911	c.  Include an annual budget projection for the office for
912	each year of the plan.
913	d.  Include an operational model for the office to use in
914	implementing programs for rural and urban areas designed to:
915	(I)  Develop and promote the state's entertainment
916	industry.
917	(II)  Have the office serve as a liaison between the
918	entertainment industry and other state and local governmental
919	agencies, local film commissions, and labor organizations.
920	(III)  Gather statistical information related to the
921	state's entertainment industry.
922	(IV)  Provide information and service to businesses,
923	communities, organizations, and individuals engaged in
924	entertainment industry activities.
925	(V)  Administer field offices outside the state and
926	coordinate with regional offices maintained by counties and
927	regions of the state, as described in sub-sub-subparagraph (II),
928	as necessary.
929	e.  Include performance standards and measurable outcomes
930	for the programs to be implemented by the office.
931	f.  Include an assessment of, and make recommendations on,
932	the feasibility of creating an alternative public-private
933	partnership for the purpose of contracting with such a
934	partnership for the administration of the state's entertainment
935	industry promotion, development, marketing, and service
936	programs.
937	2.  Develop, market, and facilitate a smooth working
938	relationship between state agencies and local governments in
939	cooperation with local film commission offices for out-of-state
940	and indigenous entertainment industry production entities.
941	3.  Implement a structured methodology prescribed for
942	coordinating activities of local offices with each other and the
943	commissioner's office.
944	4.  Represent the state's indigenous entertainment industry
945	to key decisionmakers within the national and international
946	entertainment industry, and to state and local officials.
947	5.  Prepare an inventory and analysis of the state's
948	entertainment industry, including, but not limited to,
949	information on crew, related businesses, support services, job
950	creation, talent, and economic impact and coordinate with local
951	offices to develop an information tool for common use.
952	6.  Represent key decisionmakers within the national and
953	international entertainment industry to the indigenous
954	entertainment industry and to state and local officials.
955	7.  Serve as liaison between entertainment industry
956	producers and labor organizations.
957	6.8.  Identify, solicit, and recruit entertainment
958	production opportunities for the state.
959	7.9.  Assist rural communities and other small communities
960	in the state in developing the expertise and capacity necessary
961	for such communities to develop, market, promote, and provide
962	services to the state's entertainment industry.
963	Section 10.  Paragraphs (a) and (c) of subsection (3) of
964	section 288.1252, Florida Statutes, are amended to read:
965	288.1252  Florida Film and Entertainment Advisory Council;
966	creation; purpose; membership; powers and duties.-
967	(3)  MEMBERSHIP.-
968	(a)  The council shall consist of 17 members, seven to be
969	appointed by the Governor, five to be appointed by the President
970	of the Senate, and five to be appointed by the Speaker of the
971	House of Representatives, with the initial appointments being
972	made no later than August 1, 1999.
973	(c)  Council members shall be appointed to serve for 4-year
974	terms, except that the initial terms shall be staggered:
975	1.  The Governor shall appoint one member for a 1-year
976	term, two members for 2-year terms, two members for 3-year
977	terms, and two members for 4-year terms.
978	2.  The President of the Senate shall appoint one member
979	for a 1-year term, one member for a 2-year term, two members for
980	3-year terms, and one member for a 4-year term.
981	3.  The Speaker of the House of Representatives shall
982	appoint one member for a 1-year term, one member for a 2-year
983	term, two members for 3-year terms, and one member for a 4-year
984	term.
985	Section 11.  Subsections (1), (2), and (5) of section
986	288.1253, Florida Statutes, are amended to read:
987	288.1253  Travel and entertainment expenses.-
988	(1)  As used in this section, the term:
989	(a)  "Business client" means any person, other than a state
990	official or state employee, who receives the services of
991	representatives of the Office of Film and Entertainment in
992	connection with the performance of its statutory duties,
993	including persons or representatives of entertainment industry
994	companies considering location, relocation, or expansion of an
995	entertainment industry business within the state.
996	(b)  "Entertainment expenses" means the actual, necessary,
997	and reasonable costs of providing hospitality for business
998	clients or guests, which costs are defined and prescribed by
999	rules adopted by the Office of Tourism, Trade, and Economic
1000	Development, subject to approval by the Chief Financial Officer.
1001	(c)  "Guest" means a person, other than a state official or
1002	state employee, authorized by the Office of Tourism, Trade, and
1003	Economic Development to receive the hospitality of the Office of
1004	Film and Entertainment in connection with the performance of its
1005	statutory duties.
1006	(d)  "travel expenses" means the actual, necessary, and
1007	reasonable costs of transportation, meals, lodging, and
1008	incidental expenses normally incurred by an employee of the
1009	Office of Film and Entertainment a traveler, which costs are
1010	defined and prescribed by rules adopted by the Office of
1011	Tourism, Trade, and Economic Development, subject to approval by
1012	the Chief Financial Officer.
1013	(2)  Notwithstanding the provisions of s. 112.061, the
1014	Office of Tourism, Trade, and Economic Development shall adopt
1015	rules by which it may make expenditures by advancement or
1016	reimbursement, or a combination thereof, to:
1017	(a)  the Governor, the Lieutenant Governor, security staff
1018	of the Governor or Lieutenant Governor, the Commissioner of Film
1019	and Entertainment, or staff of the Office of Film and
1020	Entertainment for travel expenses or entertainment expenses
1021	incurred by such individuals solely and exclusively in
1022	connection with the performance of the statutory duties of the
1023	Office of Film and Entertainment.
1024	(b)  The Governor, the Lieutenant Governor, security staff
1025	of the Governor or Lieutenant Governor, the Commissioner of Film
1026	and Entertainment, or staff of the Office of Film and
1027	Entertainment for travel expenses or entertainment expenses
1028	incurred by such individuals on behalf of guests, business
1029	clients, or authorized persons as defined in s. 112.061(2)(e)
1030	solely and exclusively in connection with the performance of the
1031	statutory duties of the Office of Film and Entertainment.
1032	(c)  Third-party vendors for the travel or entertainment
1033	expenses of guests, business clients, or authorized persons as
1034	defined in s. 112.061(2)(e) incurred solely and exclusively
1035	while such persons are participating in activities or events
1036	carried out by the Office of Film and Entertainment in
1037	connection with that office's statutory duties.
1038
1039	The rules are shall be subject to approval by the Chief
1040	Financial Officer before adoption prior to promulgation. The
1041	rules shall require the submission of paid receipts, or other
1042	proof of expenditure prescribed by the Chief Financial Officer,
1043	with any claim for reimbursement and shall require, as a
1044	condition for any advancement of funds, an agreement to submit
1045	paid receipts or other proof of expenditure and to refund any
1046	unused portion of the advancement within 15 days after the
1047	expense is incurred or, if the advancement is made in connection
1048	with travel, within 10 working days after the traveler's return
1049	to headquarters. However, with respect to an advancement of
1050	funds made solely for travel expenses, the rules may allow paid
1051	receipts or other proof of expenditure to be submitted, and any
1052	unused portion of the advancement to be refunded, within 10
1053	working days after the traveler's return to headquarters.
1054	Operational or promotional advancements, as defined in s.
1055	288.35(4), obtained pursuant to this section shall not be
1056	commingled with any other state funds.
1057	(5)  Any claim submitted under this section is shall not be
1058	required to be sworn to before a notary public or other officer
1059	authorized to administer oaths, but any claim authorized or
1060	required to be made under any provision of this section shall
1061	contain a statement that the expenses were actually incurred as
1062	necessary travel or entertainment expenses in the performance of
1063	official duties of the Office of Film and Entertainment and
1064	shall be verified by written declaration that it is true and
1065	correct as to every material matter. Any person who willfully
1066	makes and subscribes to any claim which he or she does not
1067	believe to be true and correct as to every material matter or
1068	who willfully aids or assists in, procures, or counsels or
1069	advises with respect to, the preparation or presentation of a
1070	claim pursuant to this section that is fraudulent or false as to
1071	any material matter, whether or not such falsity or fraud is
1072	with the knowledge or consent of the person authorized or
1073	required to present the claim, commits a misdemeanor of the
1074	second degree, punishable as provided in s. 775.082 or s.
1075	775.083. Whoever receives a an advancement or reimbursement by
1076	means of a false claim is civilly liable, in the amount of the
1077	overpayment, for the reimbursement of the public fund from which
1078	the claim was paid.
1079	Section 12.  Subsection (5) of section 288.1258, Florida
1080	Statutes, is amended to read:
1081	288.1258  Entertainment industry qualified production
1082	companies; application procedure; categories; duties of the
1083	Department of Revenue; records and reports.-
1084	(5)  RELATIONSHIP OF TAX EXEMPTIONS AND INCENTIVES TO
1085	INDUSTRY GROWTH; REPORT TO THE LEGISLATURE.-The Office of Film
1086	and Entertainment shall keep annual records from the information
1087	provided on taxpayer applications for tax exemption certificates
1088	beginning January 1, 2001. These records shall reflect a ratio
1089	percentage comparison of the annual amount of funds exempted
1090	sales and use tax exemptions under this section and incentives
1091	awarded pursuant to s. 288.1254 to the estimated amount of funds
1092	expended by certified productions in relation to entertainment
1093	industry products. In addition, the office shall
1094	showing annual growth in Florida-based entertainment industry
1095	companies and entertainment industry employment and wages. The
1096	Office of Film and Entertainment shall report this information
1097	to the Legislature by no later than December 1 of each year.
1098	Section 13.  Section 290.00677, Florida Statutes, is
1099	amended to read:
1100	290.00677  Rural enterprise zones; special qualifications.-
1101	(1)  Notwithstanding the enterprise zone residency
1102	requirements set out in s. 212.096(1)(c), eligible businesses as
1103	defined by s. 212.096(1)(a), located in rural enterprise zones
1104	as defined by s. 290.004, may receive the basic minimum credit
1105	provided under s. 212.096 for creating a new job and hiring a
1106	person residing within the jurisdiction of a rural community
1107	county, as defined by s. 288.106(1)(t) s. 288.106(1)(r). All
1108	other provisions of s. 212.096, including, but not limited to,
1109	those relating to the award of enhanced credits, apply to such
1110	businesses.
1111	(2)  Notwithstanding the enterprise zone residency
1112	requirements set out in s. 220.03(1)(q), businesses as defined
1113	by s. 220.03(1)(c), located in rural enterprise zones as defined
1114	in s. 290.004, may receive the basic minimum credit provided
1115	under s. 220.181 for creating a new job and hiring a person
1116	residing within the jurisdiction of a rural community county, as
1117	defined by s. 288.106(1)(t) s. 288.106(1)(r). All other
1118	provisions of s. 220.181, including, but not limited to, those
1119	relating to the award of enhanced credits apply to such
1120	businesses.
1121	Section 14.  Section 373.441, Florida Statutes, is amended
1122	to read:
1123	373.441  Role of counties, municipalities, and local
1124	pollution control programs in permit processing; delegation.-
1125	(1)  The department in consultation with the water
1126	management districts shall, by December 1, 1994, adopt rules to
1127	guide the participation of counties, municipalities, and local
1128	pollution control programs in an efficient, streamlined
1129	permitting system. Such rules shall seek to increase
1130	governmental efficiency, shall maintain environmental standards,
1131	and shall include consideration of the following:
1132	(a)  Provisions under which the environmental resource
1133	permit program shall be delegated, upon approval of the
1134	department and the appropriate water management districts, to a
1135	county, municipality, or local pollution control program which
1136	has the financial, technical, and administrative capabilities
1137	and desire to implement and enforce the program;
1138	(b)  Provisions under which a locally delegated permit
1139	program may have stricter environmental standards than state
1140	standards;
1141	(c)  Provisions for identifying and reconciling any
1142	duplicative permitting by January 1, 1995;
1143	(d)  Provisions for timely and cost-efficient notification
1144	by the reviewing agency of permit applications, and permit
1145	requirements, to counties, municipalities, local pollution
1146	control programs, the department, or water management districts,
1147	as appropriate;
1148	(e)  Provisions for ensuring the consistency of permit
1149	applications with local comprehensive plans;
1150	(f)  Provisions for the partial delegation of the
1151	environmental resource permit program to counties,
1152	municipalities, or local pollution control programs, and
1153	standards and criteria to be employed in the implementation of
1154	such delegation by counties, municipalities, and local pollution
1155	control programs;
1156	(g)  Special provisions under which the environmental
1157	resource permit program may be delegated to counties having with
1158	populations of 75,000 or fewer less, or municipalities having
1159	with, or local pollution control programs serving, populations
1160	of 50,000 or fewer less; and
1161	(h)  Provisions for the applicability of chapter 120 to
1162	local government programs when the environmental resource permit
1163	program is delegated to counties, municipalities, or local
1164	pollution control programs; and
1165	(i)  Provisions for a local government to petition the
1166	Governor and Cabinet for review of a request for a delegation of
1167	authority which has not been approved or denied within 1 year
1168	after being initiated.
1169	(2)  Any denial by the department of a local government's
1170	request for a delegation of authority must provide specific
1171	detail of those statutory or rule provisions that were not
1172	satisfied. Such detail shall also include specific actions that
1173	can be taken in order to allow for the delegation of authority.
1174	A local government, upon being denied a request for a delegation
1175	of authority, may petition the Governor and Cabinet for a review
1176	of the request. The Governor and Cabinet may reverse the
1177	decision of the department and may provide any necessary
1178	conditions to allow the delegation of authority to occur.
1179	(3)  A county having a population of 75,000 or more, a
1180	municipality having a population of 50,000 or more, or a local
1181	pollution control program serving a population of 50,000 or more
1182	must apply for delegation of authority on or before June 1,
1183	2011. A county, municipality, or local pollution control program
1184	that fails to apply for delegation of authority may not require
1185	permits of which any part of the requirements for such permits
1186	are substantially similar to the requirements needed to obtain
1187	an environmental resource permit.
1188	(4)(2)  Nothing in this section affects or modifies land
1189	development regulations adopted by a local government to
1190	implement its comprehensive plan pursuant to chapter 163.
1191	(5)(3)  The department shall review environmental resource
1192	permit applications for electrical distribution and transmission
1193	lines and other facilities related to the production,
1194	transmission, and distribution of electricity which are not
1195	certified under ss. 403.52-403.5365, the Florida Electric
1196	Transmission Line Siting Act, regulated under this part.
1197	Section 15.  The Office of Program Policy Analysis and
1198	Government Accountability shall review and evaluate the Florida
1199	Enterprise Zone Act in ss. 290.001-290.014, Florida Statutes,
1200	over the 2010 interim and submit a report of its findings and
1201	recommendations to the Governor, the President of the Senate,
1202	and the Speaker of the House of Representatives by January 11,
1203	2011. The review shall include, but need not be limited to: how
1204	the program has changed over the years since it was created;
1205	whether the program is effectively and efficiently addressing
1206	the issues that precipitated its creation; the direct and
1207	indirect costs of the program to the state and local governments
1208	that participate; whether the program's tax incentives are
1209	effectively designed to benefit economically distressed or high-
1210	poverty areas and their residents and business owners; and
1211	whether the application, review, and approval processes are
1212	transparent, effective, and efficient.
1213	Section 16.  The permit extensions granted in section 14 of
1214	chapter 2009-96, Laws of Florida, are further extended another 3
1215	years, as long as the affected permitholders comply with the
1216	specified requirements.
1217	Section 17.  Section 47 of chapter 2009-82, Laws of
1218	Florida, is amended to read:
1219	Section 47.  In order to implement Specific Appropriation
1220	1570 of the 2009-2010 General Appropriations Act:
1221	(1)  The intent of the Legislature is to ensure that
1222	residents of the state derive the maximum possible economic
1223	benefit from the federal first-time homebuyer tax credit created
1224	through The American Recovery and Reinvestment Act of 2009 by
1225	providing subordinate down payment assistance loans to first-
1226	time homebuyers for owner-occupied primary residences which can
1227	be repaid by the income tax refund the homebuyer is entitled to
1228	under the First Time Homebuyer Credit. The state program shall
1229	be called the "Florida Homebuyer Opportunity Program."
1230	(2)  The Florida Housing Finance Corporation shall
1231	administer the Florida Homebuyer Opportunity Program to optimize
1232	eligibility for conventional, VA, USDA, FHA, and other loan
1233	programs through the State Housing Initiatives Partnership
1234	program in accordance with ss. 420.907-420.9079, Florida
1235	Statutes, and the provisions of this section.
1236	(3)  Prior to December 1, 2009, or any later date
1237	established by the Internal Revenue Service for such purchases,
1238	counties and eligible municipalities receiving funds shall
1239	expend the funds appropriated under Specific Appropriation 1570A
1240	only to provide subordinate loans to prospective first-time
1241	homebuyers under the Florida Homebuyer Opportunity Program
1242	pursuant to this section, except that up to 10 percent of such
1243	funds may be used to cover administrative expenses of the
1244	counties and eligible municipalities to implement the Florida
1245	Homebuyer Opportunity Program, and not more than .25 percent may
1246	be used to compensate the Florida Housing Finance Corporation
1247	for the expenses associated with compliance monitoring. The
1248	funds appropriated under Specific Appropriation 1570A may not be
1249	used for any other program currently existing under ss. 420.907-
1250	420.9079, Florida Statutes. Thereafter, the funds shall be
1251	expended in accordance with ss. 420.907-420.9079, Florida
1252	Statutes.
1253	(4)  Notwithstanding s. 420.9075, Florida Statutes, for
1254	purposes of the Florida Homebuyer Opportunity Program, the
1255	following exceptions shall apply:
1256	(a)  The maximum income limit shall be an adjusted gross
1257	income of $75,000 for single taxpayer households or $150,000 for
1258	joint-filing taxpayer households, which is equal to that
1259	permitted by the American Recovery and Reinvestment Act of 2009;
1260	(b)  There is no requirement to reserve 30 percent of the
1261	funds for awards to very-low-income persons or 30 percent of the
1262	funds for awards to low-income persons;
1263	(c)  There is no requirement to expend 75 percent of funds
1264	for construction, rehabilitation, or emergency repair; and
1265	(d)  The principal balance of the loans provided may not
1266	exceed 10 percent of the purchase price or $8,000, whichever is
1267	less.
1268	(5)  Funds shall be expended under a newly created strategy
1269	in the local housing assistance plan to implement the Florida
1270	Homebuyer Opportunity Program.
1271	(6)  The homebuyer shall be expected to use their federal
1272	income tax refund to fully repay the loan. If the county or
1273	eligible municipality receives repayment from the homebuyer
1274	within 18 months after the closing date of the loan, the county
1275	or eligible municipality shall waive all interest charges. A
1276	homebuyer who fails to fully repay the loan within the earlier
1277	of 18 months or 10 days after the receipt of their federal
1278	income tax refund, shall be subject to repayment terms provided
1279	in the local housing assistance plan, including penalties for
1280	not using his or her refund for repayment. Penalties may not
1281	exceed 10 percent of the loan amount and shall be included in
1282	the loan agreement with the homebuyer.
1283	(7)  All funds repaid to a county or eligible municipality
1284	shall be considered "program income" as defined in s.
1285	420.9071(24), Florida Statutes.
1286	(8)  In order to maximize the effect of the funding, the
1287	counties and eligible municipalities are encouraged to work with
1288	private lenders to provide additional funds to support the
1289	initiative. However, in all instances, the counties and eligible
1290	municipalities shall make and hold the subordinate loan.
1291	(9)  This section expires July 1, 2011 2010.
1292	Section 18.  This act shall take effect July 1, 2010.

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