| 1 | A bill to be entitled |
| 2 | An act relating to economic development; amending s. |
| 3 | 196.1995, F.S.; authorizing counties and municipalities to |
| 4 | extend economic development ad valorem tax exemptions |
| 5 | under certain circumstances; amending s. 220.191, F.S.; |
| 6 | redefining the terms "qualifying business" and "qualifying |
| 7 | project" for purposes of the capital investment tax |
| 8 | credit; conforming a cross-reference; authorizing the |
| 9 | approval of prorated tax credits under certain |
| 10 | circumstances; amending s. 288.018, F.S.; revising the |
| 11 | allowable uses for matching grants awarded under the |
| 12 | Regional Rural Development Grants Program; amending s. |
| 13 | 288.106, F.S.; revising the amounts of tax refund payments |
| 14 | allowable under the tax refund program for qualified |
| 15 | target industry businesses; revising criteria for the |
| 16 | waiver of wage requirements under the tax refund program |
| 17 | for qualified target industry businesses; amending s. |
| 18 | 288.108, F.S.; redefining the term "eligible high-impact |
| 19 | business" for purposes of high-impact sector performance |
| 20 | grants; revising the guidelines for negotiating the award |
| 21 | of high-impact sector performance grants; amending s. |
| 22 | 288.1088, F.S.; revising the process for legislative |
| 23 | consultation and review of Quick Action Closing Fund |
| 24 | projects; authorizing certain Quick Action Closing Fund |
| 25 | businesses to request renegotiation of their contracts; |
| 26 | providing for review and approval of the requests; |
| 27 | providing for the return of funds under certain |
| 28 | circumstances; providing for the reappropriation of |
| 29 | returned funds; providing for expiration; requiring that |
| 30 | certain funds be placed in reserve; providing for the |
| 31 | release of funds; providing for the reversion of funds; |
| 32 | amending s. 288.9625, F.S.; authorizing the Institute for |
| 33 | the Commercialization of Public Research to accept public |
| 34 | funds and contract for the provision of seed capital to |
| 35 | businesses; limiting the amount of such contract; |
| 36 | requiring that additional information be included in the |
| 37 | institute's annual report to the Governor and Legislature; |
| 38 | amending s. 14, ch. 2009-96, Laws of Florida; extending |
| 39 | certain water-related permits issued by the Department of |
| 40 | Environmental Protection or water management districts |
| 41 | pursuant to part IV of ch. 373, F.S., and certain local |
| 42 | government-issued development orders and building permits; |
| 43 | providing an effective date. |
| 44 |
|
| 45 | Be It Enacted by the Legislature of the State of Florida: |
| 46 |
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| 47 | Section 1. Subsection (7) of section 196.1995, Florida |
| 48 | Statutes, is amended to read: |
| 49 | 196.1995 Economic development ad valorem tax exemption.- |
| 50 | (7) The authority to grant exemptions under this section |
| 51 | expires will expire 10 years after the date such authority was |
| 52 | approved in an election, but such authority may be renewed for |
| 53 | subsequent another 10-year periods if each 10-year renewal is |
| 54 | approved period in a referendum called and held pursuant to this |
| 55 | section. |
| 56 | Section 2. Paragraphs (g) and (h) of subsection (1) and |
| 57 | subsections (3) and (4) of section 220.191, Florida Statutes, |
| 58 | are amended to read: |
| 59 | 220.191 Capital investment tax credit.- |
| 60 | (1) DEFINITIONS.-For purposes of this section: |
| 61 | (g) "Qualifying business" means a qualified target |
| 62 | industry business as defined in s. 288.106 that which |
| 63 | establishes a qualifying project in this state and which is |
| 64 | certified by the office to receive tax credits pursuant to this |
| 65 | section. |
| 66 | (h) "Qualifying project" means: |
| 67 | 1. A new or expanding facility in this state that which |
| 68 | creates at least 50 100 new jobs in this state, pays an annual |
| 69 | average wage of at least 130 percent of the average private |
| 70 | sector wage in the area as defined in s. 288.106, makes a |
| 71 | cumulative capital investment of at least $25 million in this |
| 72 | state, and is a qualified target industry business as defined in |
| 73 | s. 288.106 in one of the high-impact sectors identified by |
| 74 | Enterprise Florida, Inc., and certified by the office pursuant |
| 75 | to s. 288.108(6), including, but not limited to, aviation, |
| 76 | aerospace, automotive, and silicon technology industries; or |
| 77 | 2. A new or expanded facility in this state which is |
| 78 | engaged in a target industry designated pursuant to the |
| 79 | procedure specified in s. 288.106(1)(o) and which is induced by |
| 80 | this credit to create or retain at least 1,000 jobs in this |
| 81 | state, provided that at least 100 of those jobs are new, pay an |
| 82 | annual average wage of at least 130 percent of the average |
| 83 | private sector wage in the area as defined in s. 288.106(1), and |
| 84 | make a cumulative capital investment of at least $100 million |
| 85 | after July 1, 2005. Jobs may be considered retained only if |
| 86 | there is significant evidence that the loss of jobs is imminent. |
| 87 | Notwithstanding subsection (2), annual credits against the tax |
| 88 | imposed by this chapter shall not exceed 50 percent of the |
| 89 | increased annual corporate income tax liability or the premium |
| 90 | tax liability generated by or arising out of a project |
| 91 | qualifying under this subparagraph. A facility that qualifies |
| 92 | under this subparagraph for an annual credit against the tax |
| 93 | imposed by this chapter may take the tax credit for a period not |
| 94 | to exceed 5 years; or |
| 95 | 2.3. A new or expanded headquarters facility in this state |
| 96 | that which locates in an enterprise zone and brownfield area, |
| 97 | and is induced by this credit to create at least 1,500 jobs |
| 98 | paying which on average pay at least 200 percent of the |
| 99 | statewide average annual private sector wage, as published by |
| 100 | the Agency for Workforce Innovation or its successor, and which |
| 101 | new or expanded headquarters facility makes a cumulative capital |
| 102 | investment in this state of at least $250 million. |
| 103 | (3)(a) Notwithstanding subsection (2), an annual credit |
| 104 | against the tax imposed by this chapter shall be granted to a |
| 105 | qualifying business that which establishes a qualifying project |
| 106 | pursuant to subparagraph (1)(h)2.3., in an amount equal to the |
| 107 | lesser of $15 million or 5 percent of the eligible capital costs |
| 108 | made in connection with a qualifying project, for a period not |
| 109 | to exceed 20 years beginning with the commencement of operations |
| 110 | of the project. The tax credit shall be granted against the |
| 111 | corporate income tax liability of the qualifying business and as |
| 112 | further provided in paragraph (c). The total tax credit provided |
| 113 | pursuant to this subsection shall be equal to no more than 100 |
| 114 | percent of the eligible capital costs of the qualifying project. |
| 115 | (b) If the credit granted under this subsection is not |
| 116 | fully used in any one year because of insufficient tax liability |
| 117 | on the part of the qualifying business, the unused amount may be |
| 118 | carried forward for a period not to exceed 20 years after the |
| 119 | commencement of operations of the project. The carryover credit |
| 120 | may be used in a subsequent year when the tax imposed by this |
| 121 | chapter for that year exceeds the credit for which the |
| 122 | qualifying business is eligible in that year under this |
| 123 | subsection after applying the other credits and unused |
| 124 | carryovers in the order provided by s. 220.02(8). |
| 125 | (c) The credit granted under this subsection may be used |
| 126 | in whole or in part by the qualifying business or any |
| 127 | corporation that is either a member of that qualifying |
| 128 | business's affiliated group of corporations, is a related entity |
| 129 | taxable as a cooperative under subchapter T of the Internal |
| 130 | Revenue Code, or, if the qualifying business is an entity |
| 131 | taxable as a cooperative under subchapter T of the Internal |
| 132 | Revenue Code, is related to the qualifying business. Any entity |
| 133 | related to the qualifying business may continue to file as a |
| 134 | member of a Florida-nexus consolidated group pursuant to a prior |
| 135 | election made under s. 220.131(1), Florida Statutes (1985), even |
| 136 | if the parent of the group changes due to a direct or indirect |
| 137 | acquisition of the former common parent of the group. Any credit |
| 138 | may can be used by any of the affiliated companies or related |
| 139 | entities referenced in this paragraph to the same extent as it |
| 140 | could have been used by the qualifying business. However, any |
| 141 | such use does shall not operate to increase the amount of the |
| 142 | credit or extend the period within which the credit must be |
| 143 | used. |
| 144 | (4) Before Prior to receiving tax credits pursuant to this |
| 145 | section, a qualifying business must achieve and maintain the |
| 146 | minimum employment goals beginning with the commencement of |
| 147 | operations at a qualifying project and continuing each year |
| 148 | thereafter during which tax credits are available pursuant to |
| 149 | this section. However, the office may approve a prorated tax |
| 150 | credit amount for a qualifying business that enters into an |
| 151 | agreement with the office on or after July 1, 2010, and |
| 152 | satisfies the capital investment and average wage requirements |
| 153 | but does not meet the employment requirements because of market |
| 154 | conditions. The prorated tax credit shall be calculated by |
| 155 | multiplying the tax credit amount for which the qualifying |
| 156 | business would be eligible if all applicable requirements were |
| 157 | satisfied by the percentage of the average employment specified |
| 158 | in the tax credit agreement that is actually achieved. |
| 159 | Section 3. Subsection (1) of section 288.018, Florida |
| 160 | Statutes, is amended to read: |
| 161 | 288.018 Regional Rural Development Grants Program.- |
| 162 | (1) The Office of Tourism, Trade, and Economic Development |
| 163 | shall establish a matching grant program to provide funding to |
| 164 | regionally based economic development organizations representing |
| 165 | rural counties and communities for the purpose of building the |
| 166 | professional capacity of their organizations. Such matching |
| 167 | grants may also be used by an economic development organization |
| 168 | to provide technical assistance to businesses within the rural |
| 169 | counties and communities that it serves. The Office of Tourism, |
| 170 | Trade, and Economic Development is authorized to approve, on an |
| 171 | annual basis, grants to such regionally based economic |
| 172 | development organizations. The maximum amount an organization |
| 173 | may receive in any year will be $35,000, or $100,000 in a rural |
| 174 | area of critical economic concern recommended by the Rural |
| 175 | Economic Development Initiative and designated by the Governor, |
| 176 | and must be matched each year by an equivalent amount of |
| 177 | nonstate resources. |
| 178 | Section 4. Paragraph (b) of subsection (2) and paragraph |
| 179 | (b) of subsection (3) of section 288.106, Florida Statutes, are |
| 180 | amended to read: |
| 181 | 288.106 Tax refund program for qualified target industry |
| 182 | businesses.- |
| 183 | (2) TAX REFUND; ELIGIBLE AMOUNTS.- |
| 184 | (b) Upon approval by the director, a qualified target |
| 185 | industry business shall be allowed tax refund payments equal to |
| 186 | $3,000 multiplied by times the number of jobs specified in the |
| 187 | tax refund agreement under subparagraph (4)(a)1., or equal to |
| 188 | $6,000 multiplied by times the number of jobs if the project is |
| 189 | located in a rural county or an enterprise zone. Further, a |
| 190 | qualified target industry business shall be allowed additional |
| 191 | tax refund payments equal to $1,000 multiplied by times the |
| 192 | number of jobs specified in the tax refund agreement under |
| 193 | subparagraph (4)(a)1., if such jobs pay an annual average wage |
| 194 | of at least 150 percent of the average private sector wage in |
| 195 | the area, or equal to $2,000 multiplied by times the number of |
| 196 | jobs if such jobs pay an annual average wage of at least 200 |
| 197 | percent of the average private sector wage in the area. A |
| 198 | business that falls within one of the high-impact sectors |
| 199 | designated under s. 288.108 shall be allowed additional tax |
| 200 | refund payments equal to $2,000 multiplied by the number of jobs |
| 201 | specified in the tax refund agreement under subparagraph |
| 202 | (4)(a)1. A qualified target industry business may not receive |
| 203 | refund payments of more than 25 percent of the total tax refunds |
| 204 | specified in the tax refund agreement under subparagraph |
| 205 | (4)(a)1. in any fiscal year. Further, a qualified target |
| 206 | industry business may not receive more than $1.5 million in |
| 207 | refunds under this section in any single fiscal year, or more |
| 208 | than $2.5 million in any single fiscal year if the project is |
| 209 | located in an enterprise zone. A qualified target industry may |
| 210 | not receive more than $5 million in refund payments under this |
| 211 | section in all fiscal years, or more than $7.5 million if the |
| 212 | project is located in an enterprise zone. Funds made available |
| 213 | pursuant to this section may not be expended in connection with |
| 214 | the relocation of a business from one community to another |
| 215 | community in this state unless the Office of Tourism, Trade, and |
| 216 | Economic Development determines that without such relocation the |
| 217 | business will move outside this state or determines that the |
| 218 | business has a compelling economic rationale for the relocation |
| 219 | and that the relocation will create additional jobs. |
| 220 | (3) APPLICATION AND APPROVAL PROCESS.- |
| 221 | (b) To qualify for review by the office, the application |
| 222 | of a target industry business must, at a minimum, establish the |
| 223 | following to the satisfaction of the office: |
| 224 | 1. The jobs proposed to be provided under the application, |
| 225 | pursuant to subparagraph (a)4., must pay an estimated annual |
| 226 | average wage equaling at least 115 percent of the average |
| 227 | private sector wage in the area where the business is to be |
| 228 | located or the statewide private sector average wage. In |
| 229 | determining the average annual wage, the office shall include |
| 230 | only new proposed jobs, and wages for existing jobs shall be |
| 231 | excluded from this calculation. The office may waive the average |
| 232 | wage requirement at the request of the local governing body |
| 233 | recommending the project and Enterprise Florida, Inc. The wage |
| 234 | requirement may only be waived for a project located in a |
| 235 | brownfield area designated under s. 376.80, or in a rural city |
| 236 | or county, or in an enterprise zone, or for a manufacturing |
| 237 | project at any location within the state if the jobs proposed to |
| 238 | be created pay an estimated annual average wage equaling at |
| 239 | least 100 percent of the average private sector wage in the area |
| 240 | where the business is to be located, and only when the merits of |
| 241 | the individual project or the specific circumstances in the |
| 242 | community in relationship to the project warrant such action. If |
| 243 | the local governing body and Enterprise Florida, Inc., make such |
| 244 | a recommendation, it must be transmitted in writing and the |
| 245 | specific justification for the waiver recommendation must be |
| 246 | explained. If the director elects to waive the wage requirement, |
| 247 | the waiver must be stated in writing and the reasons for |
| 248 | granting the waiver must be explained. |
| 249 | 2. The target industry business's project must result in |
| 250 | the creation of at least 10 jobs at such project and, if an |
| 251 | expansion of an existing business, must result in a net increase |
| 252 | in employment of at least 10 percent at the business. |
| 253 | Notwithstanding the definition of the term "expansion of an |
| 254 | existing business" in paragraph (1)(g), at the request of the |
| 255 | local governing body recommending the project and Enterprise |
| 256 | Florida, Inc., the office may define an "expansion of an |
| 257 | existing business" in a rural community or an enterprise zone as |
| 258 | the expansion of a business resulting in a net increase in |
| 259 | employment of less than 10 percent at such business if the |
| 260 | merits of the individual project or the specific circumstances |
| 261 | in the community in relationship to the project warrant such |
| 262 | action. If the local governing body and Enterprise Florida, |
| 263 | Inc., make such a request, the request must be transmitted in |
| 264 | writing and the specific justification for the request must be |
| 265 | explained. If the director elects to grant the request, the |
| 266 | grant must be stated in writing and the reason for granting the |
| 267 | request must be explained. |
| 268 | 3. The business activity or product for the applicant's |
| 269 | project is within an industry or industries that have been |
| 270 | identified by the office to be high-value-added industries that |
| 271 | contribute to the area and to the economic growth of the state |
| 272 | and that produce a higher standard of living for residents of |
| 273 | this state in the new global economy or that can be shown to |
| 274 | make an equivalent contribution to the area and state's economic |
| 275 | progress. The director must approve requests to waive the wage |
| 276 | requirement for brownfield areas designated under s. 376.80 |
| 277 | unless it is demonstrated that such action is not in the public |
| 278 | interest. |
| 279 | Section 5. Paragraph (a) of subsection (2) and paragraph |
| 280 | (b) of subsection (3) of section 288.108, Florida Statutes, are |
| 281 | amended to read: |
| 282 | 288.108 High-impact business.- |
| 283 | (2) DEFINITIONS.-As used in this section, the term: |
| 284 | (a) "Eligible high-impact business" means a business in |
| 285 | one of the high-impact sectors identified by Enterprise Florida, |
| 286 | Inc., and certified by the Office of Tourism, Trade, and |
| 287 | Economic Development as provided in subsection (5), which is |
| 288 | making a cumulative investment in the state of at least $50 $100 |
| 289 | million and creating at least 50 100 new full-time equivalent |
| 290 | jobs in the state or a research and development facility making |
| 291 | a cumulative investment of at least $25 $75 million and creating |
| 292 | at least 25 75 new full-time equivalent jobs. Such investment |
| 293 | and employment must be achieved in a period not to exceed 3 |
| 294 | years after the date the business is certified as a qualified |
| 295 | high-impact business. |
| 296 | (3) HIGH-IMPACT SECTOR PERFORMANCE GRANTS; ELIGIBLE |
| 297 | AMOUNTS.- |
| 298 | (b) The office may, in consultation with Enterprise |
| 299 | Florida, Inc., negotiate qualified high-impact business |
| 300 | performance grant awards for any single qualified high-impact |
| 301 | business. In negotiating such awards, the office shall consider |
| 302 | the following guidelines in conjunction with other relevant |
| 303 | applicant impact and cost information and analysis as required |
| 304 | in subsection (5). A qualified high-impact business making a |
| 305 | cumulative investment of $50 million and creating 50 jobs may be |
| 306 | eligible for a total qualified high-impact business performance |
| 307 | grant of $500,000 to $1 million. A qualified high-impact |
| 308 | business making a cumulative investment of $100 million and |
| 309 | creating 100 jobs may be eligible for a total qualified high- |
| 310 | impact business performance grant of $1 million to $2 million. A |
| 311 | qualified high-impact business making a cumulative investment of |
| 312 | $800 million and creating 800 jobs may be eligible for a |
| 313 | qualified high-impact business performance grant of $10 million |
| 314 | to $12 million. A qualified high-impact business engaged in |
| 315 | research and development making a cumulative investment of $25 |
| 316 | million and creating 25 jobs may be eligible for a total |
| 317 | qualified high-impact business performance grant of $700,000 to |
| 318 | $1 million. A qualified high-impact business, engaged in |
| 319 | research and development, making a cumulative investment of $75 |
| 320 | million, and creating 75 jobs may be eligible for a total |
| 321 | qualified high-impact business performance grant of $2 million |
| 322 | to $3 million. A qualified high-impact business, engaged in |
| 323 | research and development, making a cumulative investment of $150 |
| 324 | million, and creating 150 jobs may be eligible for a qualified |
| 325 | high-impact business performance grant of $3.5 million to $4.5 |
| 326 | million. |
| 327 | Section 6. Paragraphs (b) and (c) of subsection (3) of |
| 328 | section 288.1088, Florida Statutes, are amended, and subsections |
| 329 | (4) and (5) are added to that section, to read: |
| 330 | 288.1088 Quick Action Closing Fund.- |
| 331 | (3) |
| 332 | (b) Within 22 calendar days after receiving the evaluation |
| 333 | and recommendation from Enterprise Florida, Inc., the director |
| 334 | of the Office of Tourism, Trade, and Economic Development shall |
| 335 | recommend to the Governor approval or disapproval of a project |
| 336 | for receipt of funds from the Quick Action Closing Fund. In |
| 337 | recommending a project, the director shall include proposed |
| 338 | performance conditions that the project must meet to obtain |
| 339 | incentive funds. The Governor shall provide the evaluation of |
| 340 | projects recommended for approval to the President of the Senate |
| 341 | and the Speaker of the House of Representatives and consult with |
| 342 | the President of the Senate and the Speaker of the House of |
| 343 | Representatives before giving final approval for a project. At |
| 344 | least 14 days before releasing funds for a project, the |
| 345 | Executive Office of the Governor shall recommend approval of the |
| 346 | a project and the release of funds by delivering notice of such |
| 347 | action pursuant to the legislative consultation and review |
| 348 | requirements set forth in s. 216.177. The recommendation must |
| 349 | include proposed performance conditions that the project must |
| 350 | meet in order to obtain funds. If the President of the Senate or |
| 351 | the Speaker of the House of Representatives timely advises the |
| 352 | Executive Office of the Governor, in writing, that such action |
| 353 | or proposed action exceeds the delegated authority of the |
| 354 | Executive Office of the Governor or is contrary to legislative |
| 355 | policy or intent, the Executive Office of the Governor shall |
| 356 | void the release of funds and instruct the Office of Tourism, |
| 357 | Trade, and Economic Development to immediately change such |
| 358 | action or proposed action until the Legislative Budget |
| 359 | Commission or the Legislature addresses the issue. |
| 360 | (c) Upon the approval of the Governor, the director of the |
| 361 | Office of Tourism, Trade, and Economic Development and the |
| 362 | business shall enter into a contract that sets forth the |
| 363 | conditions for payment of moneys from the fund. The contract |
| 364 | must include the total amount of funds awarded; the performance |
| 365 | conditions that must be met to obtain the award, including, but |
| 366 | not limited to, net new employment in the state, average salary, |
| 367 | and total capital investment; demonstrate a baseline of current |
| 368 | service and a measure of enhanced capability; the methodology |
| 369 | for validating performance; the schedule of payments from the |
| 370 | fund; and sanctions for failure to meet performance conditions. |
| 371 | The contract must provide that payment of moneys from the fund |
| 372 | is contingent upon sufficient appropriation of funds by the |
| 373 | Legislature and upon sufficient release of appropriated funds by |
| 374 | the Legislative Budget Commission. |
| 375 | (4)(a) A Quick Action Closing Fund business that, pursuant |
| 376 | to its contract, submits reports to the Office of Tourism, |
| 377 | Trade, and Economic Development on or after January 1, 2010, but |
| 378 | no later than June 30, 2011, on the status of the business's |
| 379 | compliance with the performance conditions of its contract may |
| 380 | submit a written request to the Office of Tourism, Trade, and |
| 381 | Economic Development for renegotiation of the contract. The |
| 382 | request must provide quantitative evidence demonstrating how |
| 383 | negative economic conditions in the business's industry have |
| 384 | prevented the business from complying with the terms and |
| 385 | conditions of the contract. The request must also include |
| 386 | proposed adjusted performance conditions that result in new job |
| 387 | creation and meet the requirements of subsection (2). Adjusted |
| 388 | performance conditions may not include any additional waiver |
| 389 | requests. |
| 390 | (b) Within 45 days after receiving a Quick Action Closing |
| 391 | Fund business's request to renegotiate its contract, the |
| 392 | director of the Office of Tourism, Trade, and Economic |
| 393 | Development must provide written notice to the business of |
| 394 | whether the request for renegotiation is granted or denied. In |
| 395 | making such a determination, the director shall consider the |
| 396 | extent to which negative economic conditions in the business's |
| 397 | industry occurred in the state, the proposed adjusted |
| 398 | performance conditions, and the business's efforts to comply |
| 399 | with the contract. |
| 400 | (c) Upon granting a business's request to renegotiate, the |
| 401 | Office of Tourism, Trade, and Economic Development, together |
| 402 | with Enterprise Florida, Inc., shall determine the economic |
| 403 | impact of the adjusted performance conditions and notify the |
| 404 | business of the adjusted award amount associated with the |
| 405 | proposed adjusted performance conditions. The Quick Action |
| 406 | Closing Fund business must renegotiate its contract with the |
| 407 | Office of Tourism, Trade, and Economic Development for the |
| 408 | adjusted amount and agree to return the difference between the |
| 409 | original Quick Action Closing Fund award and the adjusted award |
| 410 | without interest or penalties. When renegotiating a contract |
| 411 | with a Quick Action Closing Fund business, the Office of |
| 412 | Tourism, Trade, and Economic Development may extend the duration |
| 413 | of the contract for a period not to exceed 2 years. Any funds |
| 414 | returned pursuant to this paragraph shall be reappropriated to |
| 415 | the Office of Tourism, Trade, and Economic Development for the |
| 416 | Quick Action Closing Fund. |
| 417 | (d) This subsection expires June 30, 2011. |
| 418 | (5) Funds appropriated by the Legislature for purposes of |
| 419 | implementing this section shall be placed in reserve and may |
| 420 | only be released pursuant to the legislative consultation and |
| 421 | review requirements set forth in s. 216.177. Notwithstanding s. |
| 422 | 216.301, funds appropriated for purposes of implementing this |
| 423 | section, whether released or in reserve, shall not revert on |
| 424 | June 30th of the fiscal year for which the funds are |
| 425 | appropriated but shall revert on June 30th of the second fiscal |
| 426 | year of the appropriation. |
| 427 | Section 7. Subsection (10) of section 288.9625, Florida |
| 428 | Statutes, is amended, subsection (11) is renumbered as |
| 429 | subsection (12), present subsection (12) is renumbered as |
| 430 | subsection (13) and amended, and a new subsection (11) is added |
| 431 | to that section, to read: |
| 432 | 288.9625 Institute for the Commercialization of Public |
| 433 | Research.-There is established the Institute for the |
| 434 | Commercialization of Public Research. |
| 435 | (10) The institute shall not develop or accrue any |
| 436 | ownership, royalty, patent, or other such rights over or |
| 437 | interest in companies or products in the institute and shall |
| 438 | maintain the secrecy of proprietary information. |
| 439 | (11)(a) The institute may accept public funds, including, |
| 440 | but not limited to, funds appropriated by the Legislature to the |
| 441 | Office of Tourism, Trade, and Economic Development for purposes |
| 442 | of, and enter into contracts for, the provision of seed capital |
| 443 | with companies whose technologies, products, or services are |
| 444 | developed with publicly funded research. |
| 445 | (b) The institute may negotiate the terms of any contract |
| 446 | and fund repayments as necessary to maximize the benefits to the |
| 447 | state as described in paragraph (13)(c). The amount of such |
| 448 | contract may not exceed $250,000 and must be supported by at |
| 449 | least an equal monetary matching capital contribution from |
| 450 | private sources. |
| 451 | (13)(12) By December 1 of each year, the institute shall |
| 452 | issue an annual report concerning its activities to the |
| 453 | Governor, the President of the Senate, and the Speaker of the |
| 454 | House of Representatives. The report shall include the |
| 455 | following: |
| 456 | (a) Information on any assistance and activities provided |
| 457 | by the institute to assist publicly supported universities, |
| 458 | colleges, research institutes, and other publicly supported |
| 459 | organizations in the state. |
| 460 | (b) A description of the benefits to this state resulting |
| 461 | from the institute, including the number of businesses created, |
| 462 | associated industries started, the number of jobs created, and |
| 463 | the growth of related projects. |
| 464 | (c) A description of the benefits to the state resulting |
| 465 | from the provision of seed capital, including the number of |
| 466 | businesses created, the amount of additional capital raised, the |
| 467 | number of associated industries started, the number of jobs |
| 468 | created, and the growth of related research projects. |
| 469 | (d)(c) Independently audited financial statements, |
| 470 | including statements that show receipts and expenditures during |
| 471 | the preceding fiscal year for personnel, administration, and |
| 472 | operational costs of the institute. |
| 473 | Section 8. Subsections (1), (3), and (5) of section 14 of |
| 474 | chapter 2009-96, Laws of Florida, are amended to read: |
| 475 | Section 14. (1) Except as provided in subsection (4), and |
| 476 | in recognition of 2009 real estate market conditions, any permit |
| 477 | issued by the Department of Environmental Protection or a water |
| 478 | management district pursuant to part IV of chapter 373, Florida |
| 479 | Statutes, that has an expiration date of September 1, 2008, |
| 480 | through January 1, 2012, is extended and renewed for a period of |
| 481 | 3 2 years following its date of expiration. This extension |
| 482 | includes any local government-issued development order or |
| 483 | building permit. The 3-year 2-year extension also applies to |
| 484 | build out dates including any build out date extension |
| 485 | previously granted under s. 380.06(19)(c), Florida Statutes. |
| 486 | This section shall not be construed to prohibit conversion from |
| 487 | the construction phase to the operation phase upon completion of |
| 488 | construction. |
| 489 | (3) The holder of a valid permit or other authorization |
| 490 | that is eligible for the 3-year 2-year extension shall notify |
| 491 | the authorizing agency in writing no later than December 31, |
| 492 | 2009, identifying the specific authorization for which the |
| 493 | holder intends to use the extension and the anticipated |
| 494 | timeframe for acting on the authorization. |
| 495 | (5) Permits extended under this section shall continue to |
| 496 | be governed by rules in effect at the time the permit was |
| 497 | issued, except when it can be demonstrated that the rules in |
| 498 | effect at the time the permit was issued would create an |
| 499 | immediate threat to public safety or health. This provision |
| 500 | shall apply to any modification of the plans, terms, and |
| 501 | conditions of the permit that lessens the environmental impact, |
| 502 | except that any such modification shall not extend the time |
| 503 | limit beyond 3 2 additional years. |
| 504 | Section 9. This act shall take effect upon becoming a law. |