CS/CS/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 or successor entity; amending s. 159.803, F.S.;
11	conforming a cross-reference; amending s. 166.021, F.S.;
12	requiring an agency or entity that receives municipal
13	funds for economic development purposes pursuant to a
14	contract to submit a report on the use of the funds;
15	requiring the municipality to include the report in its
16	annual financial audit; requiring municipalities to report
17	on the provision of economic development incentives to
18	businesses to the Legislative Committee on
19	Intergovernmental Relations or successor entity; amending
20	s. 196.1995, F.S.; authorizing counties and municipalities
21	to extend economic development ad valorem tax exemptions
22	under certain circumstances; amending s. 212.20, F.S.;
23	providing for distribution of proceeds of the sales and
24	use tax and certain other taxes to the National Swimming
25	Center at Cape Coral, subject to legislative
26	appropriation; amending s. 220.191, F.S.; conforming
27	cross-references; amending s. 288.018, F.S.; revising the
28	allowable uses for matching grants awarded under the
29	Regional Rural Development Grants Program; amending s.
30	288.1045, F.S.; revising the definition of the term "jobs"
31	for purposes of the qualified defense contractor and space
32	flight business tax refund program; amending s. 288.106,
33	F.S.; providing legislative findings and declarations;
34	revising and providing definitions; revising the amounts
35	of tax refund payments allowable under the tax refund
36	program for qualified target industry businesses; revising
37	criteria for the waiver of wage requirements under the tax
38	refund program for qualified target industry businesses;
39	establishing a schedule for the Office of Tourism, Trade,
40	and Economic Development to review and revise the list of
41	target industries and submit a report to the Governor and
42	Legislature; revising the criteria for evaluating
43	applications for the program; requiring consideration of
44	the state's return on investment in evaluating
45	applications for participation in the program; requiring
46	the Office of Economic and Demographic Research to submit
47	reports to the Legislature evaluating the calculation of
48	the state's return on investment for the program;
49	requiring that additional provisions be included in tax
50	refund agreements; redesignating the economic-stimulus
51	exemption as the "economic recovery extension"; revising
52	the date by which qualified target industry businesses may
53	request economic recovery extensions; authorizing waiver
54	of a requirement that qualified target industry businesses
55	annually provide proof of taxes paid under certain
56	conditions; requiring the Office of Tourism, Trade, and
57	Economic Development to submit reports to the Governor and
58	Legislature concerning the failure of qualified target
59	industry businesses to complete their tax refund
60	agreements; deleting obsolete provisions; revising the
61	date by which a target industry business may be certified
62	as qualified for the program; conforming cross-references;
63	amending s. 288.107, F.S.; revising the definition of the
64	term "jobs" for purposes of brownfield redevelopment bonus
65	refunds; conforming cross-references; amending s. 288.108,
66	F.S.; revising the definitions of the terms "eligible
67	high-impact business" and "jobs" for purposes of high-
68	impact sector performance grants; revising the guidelines
69	for negotiating the award of high-impact sector
70	performance grants; amending s. 288.1088, F.S.; revising
71	the process for legislative consultation and review of
72	Quick Action Closing Fund projects; authorizing certain
73	Quick Action Closing Fund businesses to request
74	renegotiation of their contracts; providing for review and
75	approval of the requests; providing for the return of
76	funds under certain circumstances; providing for the
77	reappropriation of returned funds; providing for
78	expiration; requiring that certain funds be placed in
79	reserve; providing for the release of funds; providing for
80	the reversion of funds; amending s. 288.1089, F.S.;
81	revising the definitions of the terms "jobs" and "rural
82	area" for purposes of the Innovation Incentive Program;
83	amending s. 290.00677, F.S.; conforming provisions to
84	changes made by the act; amending s. 373.441, F.S.;
85	revising provisions relating to adoption of rules relating
86	to permitting; requiring the Department of Environmental
87	Protection to adopt rules that authorize a local
88	government to petition the Governor and Cabinet for
89	certain delegation requests; requiring the Department of
90	Environmental Protection to detail the statutes or rules
91	that were not satisfied by a local government that made a
92	request for delegation and to detail actions that could be
93	taken to allow for delegation; authorizing a local
94	government to petition the Governor and Cabinet to review
95	the denial of a delegation request; providing for approval
96	of a delegation of authority that meets the requirements
97	of certain rule provisions; amending s. 403.061, F.S.;
98	directing the Department of Environmental Protection to
99	expand the use of online self-certification for certain
100	exemptions and permits; limiting the authority of local
101	governments to specify the method or form for documenting
102	that projects qualify for exemptions or permits; extending
103	the expiration dates of certain permits issued by the
104	Department of Environmental Protection or a water
105	management district; extending certain previously granted
106	buildout dates; requiring a permitholder to notify the
107	authorizing agency of its intended use of the extension;
108	exempting certain permits from eligibility for an
109	extension; providing for applicability of rules governing
110	permits; declaring that certain provisions do not impair
111	the authority of counties and municipalities under certain
112	circumstances; providing legislative intent; providing for
113	inventory of state-owned property; directing the
114	department to submit annual reports to the Governor and
115	Legislature concerning the disposition of such state-owned
116	property; requiring the installation of fuel tank upgrades
117	to secondary containment systems to be completed by
118	specified deadlines; providing for applicability;
119	requiring the department to adopt rules; providing
120	effective dates.
121
122	Be It Enacted by the Legislature of the State of Florida:
123
124	Section 1.  Effective July 1, 2010, subsections (4) and (5)
125	are added to section 125.045, Florida Statutes, to read:
126	125.045  County economic development powers.-
127	(4)  A contract between the governing body of a county or
128	other entity engaged in economic development activities on
129	behalf of the county and an economic development agency must
130	require the agency or entity receiving county funds to submit a
131	report to the governing body of the county detailing how the
132	county funds are spent and detailing the results of the economic
133	development agency's or entity's efforts on behalf of the
134	county. The county shall include the report as an addendum to
135	the county's annual financial audit.
136	(5)(a)  By January 15 of each year, beginning in 2011, each
137	county shall report to the Legislative Committee on
138	Intergovernmental Relations or its successor entity the economic
139	development incentives given to any business during the county's
140	previous fiscal year. Economic development incentives include:
141	1.  Direct financial incentives of monetary assistance
142	provided to a business from the county or through an
143	organization authorized by the county. Such incentives include
144	grants, loans, equity investments, loan insurance and
145	guarantees, and training subsidies.
146	2.  Indirect incentives in the form of grants and loans
147	provided to businesses and community organizations that provide
148	support to businesses or promote business investment or
149	development.
150	3.  Fee-based or tax-based incentives, including credits,
151	refunds, exemptions, and property tax abatement or assessment
152	reductions.
153	4.  Below-market rate leases or deeds for real property.
154	5.  Any other inducement provided to a business in order
155	for the business to create or retain jobs, relocate to or remain
156	in the county, or expand its current operations in the county.
157	(b)  A county shall report its economic development
158	incentives in the format specified by the Legislative Committee
159	on Intergovernmental Relations or its successor entity.
160	(c)  The Legislative Committee on Intergovernmental
161	Relations or its successor entity shall compile the economic
162	development incentives provided by each county in a manner that
163	shows the total of each class of economic development incentives
164	provided by each county and all counties.
165	(d)  If a county does not provide any economic development
166	incentives during its previous fiscal year, the governing body
167	of the county must report to the Legislative Committee on
168	Intergovernmental Relations or its successor entity that the
169	county did not provide any incentives.
170	Section 2.  Subsection (11) of section 159.803, Florida
171	Statutes, is amended to read:
172	159.803  Definitions.-As used in this part, the term:
173	(11)  "Florida First Business project" means any project
174	which is certified by the Office of Tourism, Trade, and Economic
175	Development as eligible to receive an allocation from the
176	Florida First Business allocation pool established pursuant to
177	s. 159.8083. The Office of Tourism, Trade, and Economic
178	Development may certify those projects meeting the criteria set
179	forth in s. 288.106(4)(3)(b) or any project providing a
180	substantial economic benefit to this state.
181	Section 3.  Effective July 1, 2010, paragraph (d) of
182	subsection (9) of section 166.021, Florida Statutes, is
183	redesignated as paragraph (f) and amended, and new paragraphs
184	(d) and (e) are added to that subsection, to read:
185	166.021  Powers.-
186	(9)
187	(d)  A contract between the governing body of a
188	municipality or other entity engaged in economic development
189	activities on behalf of the municipality and an economic
190	development agency must require the agency or entity receiving
191	municipal funds to submit a report to the governing body of the
192	municipality detailing how the municipal funds are spent and
193	detailing the results of the economic development agency's or
194	entity's efforts on behalf of the municipality. The municipality
195	shall include the report as an addendum to the municipality's
196	annual financial audit.
197	(e)1.  By January 15 of each year, beginning in 2011, each
198	municipality having annual revenues or expenditures greater than
199	$250,000 shall report to the Legislative Committee on
200	Intergovernmental Relations or its successor entity the economic
201	development incentives given to any business during the
202	municipality's previous fiscal year. Economic development
203	incentives include:
204	a.  Direct financial incentives of monetary assistance
205	provided to a business from the municipality or through an
206	organization authorized by the municipality. Such incentives
207	include grants, loans, equity investments, loan insurance and
208	guarantees, and training subsidies.
209	b.  Indirect incentives in the form of grants and loans
210	provided to businesses and community organizations that provide
211	support to businesses or promote business investment or
212	development.
213	c.  Fee-based or tax-based incentives, including credits,
214	refunds, exemptions, and property tax abatement or assessment
215	reductions.
216	d.  Below-market rate leases or deeds for real property.
217	e.  Any other inducement provided to a business in order
218	for the business to create or retain jobs, relocate to or remain
219	in the municipality, or expand its current operations in the
220	municipality.
221	2.  A municipality shall report its economic development
222	incentives in the format specified by the Legislative Committee
223	on Intergovernmental Relations or its successor entity.
224	3.  The Legislative Committee on Intergovernmental
225	Relations or its successor entity shall compile the economic
226	development incentives provided by each municipality in a manner
227	that shows the total of each class of economic development
228	incentives provided by each municipality and all municipalities.
229	4.  If a municipality does not provide any economic
230	development incentives during its previous fiscal year, the
231	governing body of the municipality must report to the
232	Legislative Committee on Intergovernmental Relations or its
233	successor entity that the municipality did not provide any
234	incentives.
235	(f)(d)  Nothing contained in This subsection does not limit
236	shall be construed as a limitation on the home rule powers
237	granted by the State Constitution to for municipalities.
238	Section 4.  Subsection (7) of section 196.1995, Florida
239	Statutes, is amended to read:
240	196.1995  Economic development ad valorem tax exemption.-
241	(7)  The authority to grant exemptions under this section
242	expires will expire 10 years after the date such authority was
243	approved in an election, but such authority may be renewed for
244	subsequent another 10-year periods if each 10-year renewal is
245	approved period in a referendum called and held pursuant to this
246	section.
247	Section 5.  Paragraph (d) of subsection (6) of section
248	212.20, Florida Statutes, is amended to read:
249	212.20  Funds collected, disposition; additional powers of
250	department; operational expense; refund of taxes adjudicated
251	unconstitutionally collected.-
252	(6)  Distribution of all proceeds under this chapter and s.
253	202.18(1)(b) and (2)(b) shall be as follows:
254	(d)  The proceeds of all other taxes and fees imposed
255	pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
256	and (2)(b) shall be distributed as follows:
257	1.  In any fiscal year, the greater of $500 million, minus
258	an amount equal to 4.6 percent of the proceeds of the taxes
259	collected pursuant to chapter 201, or 5.2 percent of all other
260	taxes and fees imposed pursuant to this chapter or remitted
261	pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
262	monthly installments into the General Revenue Fund.
263	2.  After the distribution under subparagraph 1., 8.814
264	percent of the amount remitted by a sales tax dealer located
265	within a participating county pursuant to s. 218.61 shall be
266	transferred into the Local Government Half-cent Sales Tax
267	Clearing Trust Fund. Beginning July 1, 2003, the amount to be
268	transferred shall be reduced by 0.1 percent, and the department
269	shall distribute this amount to the Public Employees Relations
270	Commission Trust Fund less $5,000 each month, which shall be
271	added to the amount calculated in subparagraph 3. and
272	distributed accordingly.
273	3.  After the distribution under subparagraphs 1.and 2.,
274	0.095 percent shall be transferred to the Local Government Half-
275	cent Sales Tax Clearing Trust Fund and distributed pursuant to
276	s. 218.65.
277	4.  After the distributions under subparagraphs 1., 2., and
278	3., 2.0440 percent of the available proceeds shall be
279	transferred monthly to the Revenue Sharing Trust Fund for
280	Counties pursuant to s. 218.215.
281	5.  After the distributions under subparagraphs 1., 2., and
282	3., 1.3409 percent of the available proceeds shall be
283	transferred monthly to the Revenue Sharing Trust Fund for
284	Municipalities pursuant to s. 218.215. If the total revenue to
285	be distributed pursuant to this subparagraph is at least as
286	great as the amount due from the Revenue Sharing Trust Fund for
287	Municipalities and the former Municipal Financial Assistance
288	Trust Fund in state fiscal year 1999-2000, no municipality shall
289	receive less than the amount due from the Revenue Sharing Trust
290	Fund for Municipalities and the former Municipal Financial
291	Assistance Trust Fund in state fiscal year 1999-2000. If the
292	total proceeds to be distributed are less than the amount
293	received in combination from the Revenue Sharing Trust Fund for
294	Municipalities and the former Municipal Financial Assistance
295	Trust Fund in state fiscal year 1999-2000, each municipality
296	shall receive an amount proportionate to the amount it was due
297	in state fiscal year 1999-2000.
298	6.  Of the remaining proceeds:
299	a.  In each fiscal year, the sum of $29,915,500 shall be
300	divided into as many equal parts as there are counties in the
301	state, and one part shall be distributed to each county. The
302	distribution among the several counties must begin each fiscal
303	year on or before January 5th and continue monthly for a total
304	of 4 months. If a local or special law required that any moneys
305	accruing to a county in fiscal year 1999-2000 under the then-
306	existing provisions of s. 550.135 be paid directly to the
307	district school board, special district, or a municipal
308	government, such payment must continue until the local or
309	special law is amended or repealed. The state covenants with
310	holders of bonds or other instruments of indebtedness issued by
311	local governments, special districts, or district school boards
312	before July 1, 2000, that it is not the intent of this
313	subparagraph to adversely affect the rights of those holders or
314	relieve local governments, special districts, or district school
315	boards of the duty to meet their obligations as a result of
316	previous pledges or assignments or trusts entered into which
317	obligated funds received from the distribution to county
318	governments under then-existing s. 550.135. This distribution
319	specifically is in lieu of funds distributed under s. 550.135
320	before July 1, 2000.
321	b.  The department shall distribute $166,667 monthly
322	pursuant to s. 288.1162 to each applicant that has been
323	certified as a "facility for a new professional sports
324	franchise" or a "facility for a retained professional sports
325	franchise" pursuant to s. 288.1162. Up to $41,667 shall be
326	distributed monthly by the department to each applicant that has
327	been certified as a "facility for a retained spring training
328	franchise" pursuant to s. 288.1162; however, not more than
329	$416,670 may be distributed monthly in the aggregate to all
330	certified facilities for a retained spring training franchise.
331	Distributions must begin 60 days following such certification
332	and shall continue for not more than 30 years. This paragraph
333	may not be construed to allow an applicant certified pursuant to
334	s. 288.1162 to receive more in distributions than actually
335	expended by the applicant for the public purposes provided for
336	in s. 288.1162(6).
337	c.  Beginning 30 days after notice by the Office of
338	Tourism, Trade, and Economic Development to the Department of
339	Revenue that an applicant has been certified as the professional
340	golf hall of fame pursuant to s. 288.1168 and is open to the
341	public, $166,667 shall be distributed monthly, for up to 300
342	months, to the applicant.
343	d.  Beginning 30 days after notice by the Office of
344	Tourism, Trade, and Economic Development to the Department of
345	Revenue that the applicant has been certified as the
346	International Game Fish Association World Center facility
347	pursuant to s. 288.1169, and the facility is open to the public,
348	$83,333 shall be distributed monthly, for up to 168 months, to
349	the applicant. This distribution is subject to reduction
350	pursuant to s. 288.1169. A lump sum payment of $999,996 shall be
351	made, after certification and before July 1, 2000.
352	e.  Subject to legislative appropriation, beginning July 1,
353	2012, or upon the opening to the public of the National Swimming
354	Center at Cape Coral, whichever occurs later, $125,000 shall be
355	distributed monthly, for up to 240 months, to the National
356	Swimming Center at Cape Coral.
357	7.  All other proceeds must remain in the General Revenue
358	Fund.
359	Section 6.  Paragraph (h) of subsection (1) of section
360	220.191, Florida Statutes, is amended to read:
361	220.191  Capital investment tax credit.-
362	(1)  DEFINITIONS.-For purposes of this section:
363	(h)  "Qualifying project" means:
364	1.  A new or expanding facility in this state which creates
365	at least 100 new jobs in this state and is in one of the high-
366	impact sectors identified by Enterprise Florida, Inc., and
367	certified by the office pursuant to s. 288.108(6), including,
368	but not limited to, aviation, aerospace, automotive, and silicon
369	technology industries;
370	2.  A new or expanded facility in this state which is
371	engaged in a target industry designated pursuant to the
372	procedure specified in s. 288.106(2)(t)(1)(o) and which is
373	induced by this credit to create or retain at least 1,000 jobs
374	in this state, provided that at least 100 of those jobs are new,
375	pay an annual average wage of at least 130 percent of the
376	average private sector wage in the area as defined in s.
377	288.106(2)(1), and make a cumulative capital investment of at
378	least $100 million after July 1, 2005. Jobs may be considered
379	retained only if there is significant evidence that the loss of
380	jobs is imminent. Notwithstanding subsection (2), annual credits
381	against the tax imposed by this chapter shall not exceed 50
382	percent of the increased annual corporate income tax liability
383	or the premium tax liability generated by or arising out of a
384	project qualifying under this subparagraph. A facility that
385	qualifies under this subparagraph for an annual credit against
386	the tax imposed by this chapter may take the tax credit for a
387	period not to exceed 5 years; or
388	3.  A new or expanded headquarters facility in this state
389	which locates in an enterprise zone and brownfield area and is
390	induced by this credit to create at least 1,500 jobs which on
391	average pay at least 200 percent of the statewide average annual
392	private sector wage, as published by the Agency for Workforce
393	Innovation or its successor, and which new or expanded
394	headquarters facility makes a cumulative capital investment in
395	this state of at least $250 million.
396	Section 7.  Subsection (1) of section 288.018, Florida
397	Statutes, is amended to read:
398	288.018  Regional Rural Development Grants Program.-
399	(1)  The Office of Tourism, Trade, and Economic Development
400	shall establish a matching grant program to provide funding to
401	regionally based economic development organizations representing
402	rural counties and communities for the purpose of building the
403	professional capacity of their organizations. Such matching
404	grants may also be used by an economic development organization
405	to provide technical assistance to businesses within the rural
406	counties and communities that it serves. The Office of Tourism,
407	Trade, and Economic Development is authorized to approve, on an
408	annual basis, grants to such regionally based economic
409	development organizations. The maximum amount an organization
410	may receive in any year will be $35,000, or $100,000 in a rural
411	area of critical economic concern recommended by the Rural
412	Economic Development Initiative and designated by the Governor,
413	and must be matched each year by an equivalent amount of
414	nonstate resources.
415	Section 8.  Paragraph (j) of subsection (1) of section
416	288.1045, Florida Statutes, is amended to read:
417	288.1045  Qualified defense contractor and space flight
418	business tax refund program.-
419	(1)  DEFINITIONS.-As used in this section:
420	(j)  "Jobs" means full-time equivalent positions,
421	including, but not limited to, positions obtained from a
422	temporary employment agency or employee leasing company or
423	through a union agreement or coemployment under a professional
424	employer organization agreement, that consistent with the use of
425	such terms by the Agency for Workforce Innovation for the
426	purpose of unemployment compensation tax, created or retained as
427	a direct result directly from of a project in this state. This
428	number does not include temporary construction jobs involved
429	with the construction of facilities for the project.
430	Section 9.  Section 288.106, Florida Statutes, is amended
431	to read:
432	288.106  Tax refund program for qualified target industry
433	businesses.-
434	(1)  LEGISLATIVE FINDINGS AND DECLARATIONS.-The Legislature
435	finds that retaining and expanding existing businesses in the
436	state, encouraging the creation of new businesses in the state,
437	attracting new businesses from outside the state, and generally
438	providing conditions favorable for the growth of target
439	industries creates high-quality, high-wage employment
440	opportunities for residents of the state and strengthens the
441	state's economic foundation. The Legislature also finds that
442	incentives narrowly focused in application and scope tend to be
443	more effective in achieving the state's economic development
444	goals. The Legislature further finds that higher-wage jobs
445	reduce the state's share of hidden costs, such as public
446	assistance and subsidized health care associated with low-wage
447	jobs. Therefore, the Legislature declares that it is the policy
448	of the state to encourage the growth of higher-wage jobs and a
449	diverse economic base by providing state tax refunds to
450	qualified target industry businesses that originate or expand in
451	the state or that relocate to the state.
452	(2)(1)  DEFINITIONS.-As used in this section, the term:
453	(a)  "Account" means the Economic Development Incentives
454	Account within the Economic Development Trust Fund established
455	under s. 288.095.
456	(b)(u)  "Authorized local economic development agency"
457	means a any public or private entity, including an entity those
458	defined in s. 288.075, authorized by a county or municipality to
459	promote the general business or industrial interests of that
460	county or municipality.
461	(c)(b)  "Average private sector wage in the area" means the
462	statewide private sector average wage or the average of all
463	private sector wages and salaries in the county or in the
464	standard metropolitan area in which the business is located.
465	(d)(c)  "Business" means an employing unit, as defined in
466	s. 443.036, that which is registered for unemployment
467	compensation purposes with the state agency providing
468	unemployment tax collection services under contract with the
469	Agency for Workforce Innovation through an interagency agreement
470	pursuant to s. 443.1316, or a subcategory or division of an
471	employing unit that which is accepted by the state agency
472	providing unemployment tax collection services as a reporting
473	unit.
474	(e)(d)  "Corporate headquarters business" means an
475	international, national, or regional headquarters office of a
476	multinational or multistate business enterprise or national
477	trade association, whether separate from or connected with other
478	facilities used by such business.
479	(f)(n)  "Director" means the Director of the Office of
480	Tourism, Trade, and Economic Development.
481	(g)(f)  "Enterprise zone" means an area designated as an
482	enterprise zone pursuant to s. 290.0065.
483	(h)(g)  "Expansion of an existing business" means the
484	expansion of an existing Florida business by or through
485	additions to real and personal property, resulting in a net
486	increase in employment of not less than 10 percent at such
487	business.
488	(i)(h)  "Fiscal year" means the fiscal year of the state.
489	(j)(i)  "Jobs" means full-time equivalent positions,
490	including, but not limited to, positions obtained from a
491	temporary employment agency or employee leasing company or
492	through a union agreement or coemployment under a professional
493	employer organization agreement, that result as that term is
494	consistent with terms used by the Agency for Workforce
495	Innovation and the United States Department of Labor for
496	purposes of unemployment compensation tax administration and
497	employment estimation, resulting directly from a project in this
498	state. The term does not include temporary construction jobs
499	involved with the construction of facilities for the project or
500	any jobs previously included in any application for tax refunds
501	under s. 288.1045 or this section.
502	(k)(j)  "Local financial support" means funding from local
503	sources, public or private, that which is paid to the Economic
504	Development Trust Fund and that which is equal to 20 percent of
505	the annual tax refund for a qualified target industry business.
506	A qualified target industry business may not provide, directly
507	or indirectly, more than 5 percent of such funding in any fiscal
508	year. The sources of such funding may not include, directly or
509	indirectly, state funds appropriated from the General Revenue
510	Fund or any state trust fund, excluding tax revenues shared with
511	local governments pursuant to law.
512	(l)(k)  "Local financial support exemption option" means
513	the option to exercise an exemption from the local financial
514	support requirement available to any applicant whose project is
515	located in a brownfield area, a rural city, or a rural community
516	county with a population of 75,000 or fewer or a county with a
517	population of 125,000 or fewer which is contiguous to a county
518	with a population of 75,000 or fewer. Any applicant that
519	exercises this option is shall not be eligible for more than 80
520	percent of the total tax refunds allowed such applicant under
521	this section.
522	(m)(l)  "New business" means a business that applies for a
523	tax refund under this section before beginning operations which
524	heretofore did not exist in this state, first beginning
525	operations on a site located in this state and that is a legal
526	entity clearly separate from any other commercial or industrial
527	operations owned by the same business.
528	(n)(e)  "Office" means the Office of Tourism, Trade, and
529	Economic Development.
530	(o)(m)  "Project" means the creation of a new business or
531	expansion of an existing business.
532	(p)(q)  "Qualified target industry business" means a target
533	industry business that has been approved by the office director
534	to be eligible for tax refunds under pursuant to this section.
535	(q)  "Return on investment" means the gain in state
536	revenues as a percentage of the state's investment. The state's
537	investment includes state grants, tax exemptions, tax refunds,
538	tax credits, and other state incentives.
539	(r)  "Rural county" means a county with a population of
540	75,000 or fewer or a county with a population of 100,000 or
541	fewer which is contiguous to a county with a population of
542	75,000 or fewer.
543	(r)(s)  "Rural city" means a city having with a population
544	of 10,000 or fewer less, or a city having with a population of
545	greater than 10,000 but fewer less than 20,000 that which has
546	been determined by the office of Tourism, Trade, and Economic
547	Development to have economic characteristics such as, but not
548	limited to, a significant percentage of residents on public
549	assistance, a significant percentage of residents with income
550	below the poverty level, or a significant percentage of the
551	city's employment base in agriculture-related industries.
552	(s)(t)  "Rural community" means:
553	1.  A county having with a population of 75,000 or fewer.
554	2.  A county having with a population of 125,000 or fewer
555	that which is contiguous to a county having with a population of
556	75,000 or fewer.
557	3.  A municipality within a county described in
558	subparagraph 1. or subparagraph 2.
559
560	For purposes of this paragraph, population shall be determined
561	in accordance with the most recent official estimate pursuant to
562	s. 186.901.
563	(t)(o)  "Target industry business" means a corporate
564	headquarters business or any business that is engaged in one of
565	the target industries identified pursuant to the following
566	criteria developed by the office in consultation with Enterprise
567	Florida, Inc.:
568	1.  Future growth.-Industry forecasts should indicate
569	strong expectation for future growth in both employment and
570	output, according to the most recent available data. Special
571	consideration should be given to businesses that export goods
572	Florida's growing access to, or provide services in,
573	international markets and businesses that replace domestic and
574	international or to replacing imports of goods or services.
575	2.  Stability.-The industry should not be subject to
576	periodic layoffs, whether due to seasonality or sensitivity to
577	volatile economic variables such as weather. The industry should
578	also be relatively resistant to recession, so that the demand
579	for products of this industry is not typically necessarily
580	subject to decline during an economic downturn.
581	3.  High wage.-The industry should pay relatively high
582	wages compared to statewide or area averages.
583	4.  Market and resource independent.-The location of
584	industry businesses should not be dependent on Florida markets
585	or resources as indicated by industry analysis, except for
586	businesses in the renewable energy industry. Special
587	consideration should be given to the development of strong
588	industrial clusters which include defense and homeland security
589	businesses.
590	5.  Industrial base diversification and strengthening.-The
591	industry should contribute toward expanding or diversifying the
592	state's or area's economic base, as indicated by analysis of
593	employment and output shares compared to national and regional
594	trends. Special consideration should be given to industries that
595	strengthen regional economies by adding value to basic products
596	or building regional industrial clusters as indicated by
597	industry analysis. Special consideration should also be given to
598	the development of strong industrial clusters that include
599	defense and homeland security businesses.
600	6.  Economic benefits.-The industry is expected to should
601	have strong positive impacts on or benefits to the state or and
602	regional economies.
603
604	The term does office, in consultation with Enterprise Florida,
605	Inc., shall develop a list of such target industries annually
606	and submit such list as part of the final agency legislative
607	budget request submitted pursuant to s. 216.023(1). A target
608	industry business may not include any business industry engaged
609	in retail industry activities; any electrical utility company;
610	any phosphate or other solid minerals severance, mining, or
611	processing operation; any oil or gas exploration or production
612	operation; or any business firm subject to regulation by the
613	Division of Hotels and Restaurants of the Department of Business
614	and Professional Regulation. By January 1 of every 3rd year,
615	beginning January 1, 2011, the office, in consultation with
616	Enterprise Florida, Inc., economic development organizations,
617	the State University System, local governments, employee and
618	employer organizations, market analysts, and economists, shall
619	review and, as appropriate, revise the list of such target
620	industries and submit the list to the Governor, the President of
621	the Senate, and the Speaker of the House of Representatives.
622	(u)(p)  "Taxable year" means taxable year as defined in s.
623	220.03(1)(y).
624	(3)(2)  TAX REFUND; ELIGIBLE AMOUNTS.-
625	(a)  There shall be allowed, from the account, a refund to
626	a qualified target industry business for the amount of eligible
627	taxes certified by the office that director which were paid by
628	the such business. The total amount of refunds for all fiscal
629	years for each qualified target industry business must be
630	determined pursuant to subsection (4) (3). The annual amount of
631	a refund to a qualified target industry business must be
632	determined pursuant to subsection (6) (5).
633	(b)1.  Upon approval by the office director, a qualified
634	target industry business shall be allowed tax refund payments
635	equal to $3,000 multiplied by times the number of jobs specified
636	in the tax refund agreement under subparagraph (5)(4)(a)1., or
637	equal to $6,000 multiplied by times the number of jobs if the
638	project is located in a rural community county or an enterprise
639	zone.
640	2.a.  Further, A qualified target industry business shall
641	be allowed additional tax refund payments equal to $1,000
642	multiplied by times the number of jobs specified in the tax
643	refund agreement under subparagraph (5)(4)(a)1., if such jobs
644	pay an annual average wage of at least 150 percent of the
645	average private sector wage in the area or if the local
646	financial support is equal to that of the state's incentive
647	award under subparagraph 1., or equal to $2,000 multiplied by
648	times the number of jobs if such jobs pay an annual average wage
649	of at least 200 percent of the average private sector wage in
650	the area.
651	b.  In addition to the payments authorized in this
652	paragraph, a qualified target industry business shall be allowed
653	a tax refund payment equal to $2,000 multiplied by the number of
654	jobs specified in the tax refund agreement under subparagraph
655	(5)(a)1. if the business:
656	(I)  Falls within one of the high-impact sectors designated
657	under s. 288.108; or
658	(II)  Increases exports of its goods through a seaport or
659	airport in the state by at least 10 percent in value or tonnage
660	in each of the years that the business receives a tax refund
661	under this section. For purposes of this sub-sub-subparagraph,
662	seaports in the state are limited to the ports of Jacksonville,
663	Tampa, Port Everglades, Miami, Port Canaveral, Ft. Pierce, Palm
664	Beach, Port Manatee, Port St. Joe, Panama City, St. Petersburg,
665	Pensacola, Fernandina, and Key West.
666	(c)  A qualified target industry business may not receive
667	refund payments of more than 25 percent of the total tax refunds
668	specified in the tax refund agreement under subparagraph
669	(5)(4)(a)1. in any fiscal year. Further, a qualified target
670	industry business may not receive more than $1.5 million in
671	refunds under this section in any single fiscal year, or more
672	than $2.5 million in any single fiscal year if the project is
673	located in an enterprise zone. A qualified target industry
674	business may not receive more than $5 million in refund payments
675	under this section in all fiscal years, or more than $7.5
676	million if the project is located in an enterprise zone. Funds
677	made available pursuant to this section may not be expended in
678	connection with the relocation of a business from one community
679	to another community in this state unless the Office of Tourism,
680	Trade, and Economic Development determines that without such
681	relocation the business will move outside this state or
682	determines that the business has a compelling economic rationale
683	for the relocation and that the relocation will create
684	additional jobs.
685	(d)(c)  After entering into a tax refund agreement under
686	subsection (5) (4), a qualified target industry business may:
687	1.  Receive refunds from the account for the following
688	taxes due and paid by that business beginning with the first
689	taxable year of the business that which begins after entering
690	into the agreement:
691	a.  Corporate income taxes under chapter 220.
692	b.  Insurance premium tax under s. 624.509.
693	2.  Receive refunds from the account for the following
694	taxes due and paid by that business after entering into the
695	agreement:
696	a.  Taxes on sales, use, and other transactions under
697	chapter 212.
698	b.  Intangible personal property taxes under chapter 199.
699	c.  Emergency excise taxes under chapter 221.
700	d.  Excise taxes on documents under chapter 201.
701	e.  Ad valorem taxes paid, as defined in s. 220.03(1).
702	f.  State communications services taxes administered under
703	chapter 202. This provision does not apply to the gross receipts
704	tax imposed under chapter 203 and administered under chapter 202
705	or the local communications services tax authorized under s.
706	202.19.
707
708	The addition of state communications services taxes administered
709	under chapter 202 is remedial in nature and retroactive to
710	October 1, 2001. The office may make supplemental tax refund
711	payments to allow for tax refunds for communications services
712	taxes paid by an eligible qualified target industry business
713	after October 1, 2001.
714	(e)(d)  However, a qualified target industry business may
715	not receive a refund under this section for any amount of
716	credit, refund, or exemption previously granted to that business
717	for any of the such taxes listed in paragraph (d). If a refund
718	for such taxes is provided by the office, which taxes are
719	subsequently adjusted by the application of any credit, refund,
720	or exemption granted to the qualified target industry business
721	other than as provided in this section, the business shall
722	reimburse the account for the amount of that credit, refund, or
723	exemption. A qualified target industry business shall notify and
724	tender payment to the office within 20 days after receiving any
725	credit, refund, or exemption other than one provided in this
726	section.
727	(f)  Refunds made available under this section may not be
728	expended in connection with the relocation of a business from
729	one community to another community in the state unless the
730	office determines that, without such relocation, the business
731	will move outside the state or determines that the business has
732	a compelling economic rationale for relocation and that the
733	relocation will create additional jobs.
734	(g)(e)  A qualified target industry business that
735	fraudulently claims a refund under this section:
736	1.  Is liable for repayment of the amount of the refund to
737	the account, plus a mandatory penalty in the amount of 200
738	percent of the tax refund which shall be deposited into the
739	General Revenue Fund.
740	2.  Commits Is guilty of a felony of the third degree,
741	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
742	(4)(3)  APPLICATION AND APPROVAL PROCESS.-
743	(a)  To apply for certification as a qualified target
744	industry business under this section, the business must file an
745	application with the office before the business decides has made
746	the decision to locate a new business in this state or before
747	the business decides had made the decision to expand its an
748	existing operations business in this state. The application must
749	shall include, but need is not be limited to, the following
750	information:
751	1.  The applicant's federal employer identification number
752	and, if applicable, the applicant's state sales tax registration
753	number.
754	2.  The proposed permanent location of the applicant's
755	facility in this state at which the project is or is to be
756	located.
757	3.  A description of the type of business activity or
758	product covered by the project, including a minimum of a five-
759	digit NAICS code for all activities included in the project. As
760	used in this paragraph, "NAICS" means those classifications
761	contained in the North American Industry Classification System,
762	as published in 2007 by the Office of Management and Budget,
763	Executive Office of the President, and updated periodically.
764	4.  The proposed number of net new full-time equivalent
765	Florida jobs at the qualified target industry business as of
766	December 31 of each year included in the project and the average
767	wage of those jobs. If more than one type of business activity
768	or product is included in the project, the number of jobs and
769	average wage for those jobs must be separately stated for each
770	type of business activity or product.
771	5.  The total number of full-time equivalent employees
772	employed by the applicant in this state, if applicable.
773	6.  The anticipated commencement date of the project.
774	7.  A brief statement explaining concerning the role that
775	the estimated tax refunds to be requested will play in the
776	decision of the applicant to locate or expand in this state.
777	8.  An estimate of the proportion of the sales resulting
778	from the project that will be made outside this state.
779	9.  A resolution adopted by the governing board of the
780	county or municipality in which the project will be located,
781	which resolution recommends that the project certain types of
782	businesses be approved as a qualified target industry business
783	and specifies states that the commitments of local financial
784	support necessary for the target industry business exist. Before
785	In advance of the passage of such resolution, the office may
786	also accept an official letter from an authorized local economic
787	development agency that endorses the proposed target industry
788	project and pledges that sources of local financial support for
789	such project exist. For the purposes of making pledges of local
790	financial support under this subparagraph subsection, the
791	authorized local economic development agency shall be officially
792	designated by the passage of a one-time resolution by the local
793	governing board authority.
794	10.  Any additional information requested by the office.
795	(b)  To qualify for review by the office, the application
796	of a target industry business must, at a minimum, establish the
797	following to the satisfaction of the office:
798	1.a.  The jobs proposed to be created provided under the
799	application, pursuant to subparagraph (a)4., must pay an
800	estimated annual average wage equaling at least 115 percent of
801	the average private sector wage in the area where the business
802	is to be located or the statewide private sector average wage.
803	In determining the average annual wage, the office shall include
804	only new proposed jobs, and wages for existing jobs shall be
805	excluded from this calculation.
806	b.  The office may waive the average wage requirement at
807	the request of the local governing body recommending the project
808	and Enterprise Florida, Inc. The office may waive the wage
809	requirement may only be waived for a project located in a
810	brownfield area designated under s. 376.80, or in a rural city,
811	a rural community, or county or in an enterprise zone, or for a
812	manufacturing project at any location in the state if the jobs
813	proposed to be created pay an estimated annual average wage
814	equaling at least 100 percent of the average private sector wage
815	in the area where the business is to be located, and only if
816	when the merits of the individual project or the specific
817	circumstances in the community in relationship to the project
818	warrant such action. If the local governing body and Enterprise
819	Florida, Inc., make such a recommendation, it must be
820	transmitted in writing, and the specific justification for the
821	waiver recommendation must be explained. If the office director
822	elects to waive the wage requirement, the waiver must be stated
823	in writing, and the reasons for granting the waiver must be
824	explained.
825	2.  The target industry business's project must result in
826	the creation of at least 10 jobs at the such project and, in the
827	case of if an expansion of an existing business, must result in
828	a net increase in employment of at least 10 percent at the
829	business. Notwithstanding the definition of the term "expansion
830	of an existing business" in paragraph (1)(g), At the request of
831	the local governing body recommending the project and Enterprise
832	Florida, Inc., the office may waive this requirement for a
833	business define an "expansion of an existing business" in a
834	rural community or an enterprise zone as the expansion of a
835	business resulting in a net increase in employment of less than
836	10 percent at such business if the merits of the individual
837	project or the specific circumstances in the community in
838	relationship to the project warrant such action. If the local
839	governing body and Enterprise Florida, Inc., make such a
840	request, the request must be transmitted in writing, and the
841	specific justification for the request must be explained. If the
842	office director elects to grant the request, the grant must be
843	stated in writing, and the reason for granting the request must
844	be explained.
845	3.  The business activity or product for the applicant's
846	project must be is within an industry or industries that have
847	been identified by the office as a target industry business to
848	be high-value-added industries that contributes contribute to
849	the area and to the economic growth of the state and the area in
850	which the business is located, that produces produce a higher
851	standard of living for residents of this state in the new global
852	economy, or that can be shown to make an equivalent contribution
853	to the area's area and state's economic progress. The director
854	must approve requests to waive the wage requirement for
855	brownfield areas designated under s. 376.80 unless it is
856	demonstrated that such action is not in the public interest.
857	(c)  Each application meeting the requirements of paragraph
858	(b) must be submitted to the office for determination of
859	eligibility. The office shall review and evaluate each
860	application based on, but not limited to, the following
861	criteria:
862	1.  Expected contributions to the state's economy,
863	consistent with the state strategic economic development plan
864	adopted by Enterprise Florida, Inc., taking into account the
865	long-term effects of the project and of the applicant on the
866	state economy.
867	2.  The return on investment of the proposed award of tax
868	refunds under this section and the return on investment for
869	state incentives proposed for the project. The Office of
870	Economic and Demographic Research shall review and evaluate the
871	methodology and model used to calculate the return on investment
872	and report its findings by September 1 of every 3rd year,
873	beginning September 1, 2010, to the President of the Senate and
874	the Speaker of the House of Representatives economic benefit of
875	the jobs created by the project in this state, taking into
876	account the cost and average wage of each job created.
877	3.  The amount of capital investment to be made by the
878	applicant in this state.
879	4.  The local financial commitment and support for the
880	project.
881	5.  The effect of the project on the local community,
882	taking into account the unemployment rate in for the county
883	where the project will be located.
884	6.  The effect of the award any tax refunds granted
885	pursuant to this section on the viability of the project and the
886	probability that the project would will be undertaken in this
887	state if such tax refunds are granted to the applicant, taking
888	into account the expected long-term commitment of the applicant
889	to economic growth and employment in this state.
890	7.  The expected long-term commitment of the applicant to
891	economic growth and employment in to this state resulting from
892	the project.
893	8.  A review of the business's past activities in this
894	state or other states, including whether such business has been
895	subjected to criminal or civil fines and penalties. This
896	subparagraph does not require the disclosure of confidential
897	information.
898	(d)  Applications shall be reviewed and certified pursuant
899	to s. 288.061. The office shall include in its review
900	projections of the tax refunds the business would be eligible to
901	receive in each fiscal year based on the creation and
902	maintenance of the net new Florida jobs specified in
903	subparagraph (a)4. as of December 31 of the preceding state
904	fiscal year. If appropriate, the office director shall enter
905	into a written agreement with the qualified target industry
906	business pursuant to subsection (5) (4).
907	(e)  The office director may not certify any target
908	industry business as a qualified target industry business if the
909	value of tax refunds to be included in that letter of
910	certification exceeds the available amount of authority to
911	certify new businesses as determined in s. 288.095(3). However,
912	if the commitments of local financial support represent less
913	than 20 percent of the eligible tax refund payments, or to
914	otherwise preserve the viability and fiscal integrity of the
915	program, the office director may certify a qualified target
916	industry business to receive tax refund payments of less than
917	the allowable amounts specified in paragraph (3)(2)(b). A letter
918	of certification that approves an application must specify the
919	maximum amount of tax refund that will be available to the
920	qualified industry business in each fiscal year and the total
921	amount of tax refunds that will be available to the business for
922	all fiscal years.
923	(f)  This section does not create a presumption that an
924	applicant will shall receive any tax refunds under this section.
925	However, the office may issue nonbinding opinion letters, upon
926	the request of prospective applicants, as to the applicants'
927	eligibility and the potential amount of refunds.
928	(5)(4)  TAX REFUND AGREEMENT.-
929	(a)  Each qualified target industry business must enter
930	into a written agreement with the office that which specifies,
931	at a minimum:
932	1.  The total number of full-time equivalent jobs in this
933	state that will be dedicated to the project, the average wage of
934	those jobs, the definitions that will apply for measuring the
935	achievement of these terms during the pendency of the agreement,
936	and a time schedule or plan for when such jobs will be in place
937	and active in this state.
938	2.  The maximum amount of tax refunds that which the
939	qualified target industry business is eligible to receive on the
940	project and the maximum amount of a tax refund that the
941	qualified target industry business is eligible to receive for
942	each fiscal year, based on the job creation and maintenance
943	schedule specified in subparagraph 1.
944	3.  That the office may review and verify the financial and
945	personnel records of the qualified target industry business to
946	ascertain whether that business is in compliance with this
947	section.
948	4.  The date by which, in each fiscal year, the qualified
949	target industry business may file a claim under subsection (6)
950	(5) to be considered to receive a tax refund in the following
951	fiscal year.
952	5.  That local financial support will be annually available
953	and will be paid to the account. The office director may not
954	enter into a written agreement with a qualified target industry
955	business if the local financial support resolution is not passed
956	by the local governing body authority within 90 days after the
957	office he or she has issued the letter of certification under
958	subsection (4) (3).
959	6.  That the office may conduct a review of the business to
960	evaluate whether the business is continuing to contribute to the
961	area's or state's economy.
962	7.  That in the event the business does not complete the
963	agreement, the business will provide the office with the reasons
964	the business was unable to complete the agreement.
965	(b)  Compliance with the terms and conditions of the
966	agreement is a condition precedent for the receipt of a tax
967	refund each year. The failure to comply with the terms and
968	conditions of the tax refund agreement results in the loss of
969	eligibility for receipt of all tax refunds previously authorized
970	under this section and the revocation by the office director of
971	the certification of the business entity as a qualified target
972	industry business, unless the business is eligible to receive
973	and elects to accept a prorated refund under paragraph (6)(e)
974	(5)(d) or the office grants the business an economic recovery
975	extension economic-stimulus exemption.
976	1.  A qualified target industry business may submit, in
977	writing, a request to the office for an economic recovery
978	extension economic-stimulus exemption. The request must provide
979	quantitative evidence demonstrating how negative economic
980	conditions in the business's industry, the effects of the impact
981	of a named hurricane or tropical storm, or specific acts of
982	terrorism affecting the qualified target industry business have
983	prevented the business from complying with the terms and
984	conditions of its tax refund agreement.
985	2.  Upon receipt of a request under subparagraph 1., the
986	office has director shall have 45 days to notify the requesting
987	business, in writing, whether if its extension exemption has
988	been granted or denied. In determining whether if an extension
989	exemption should be granted, the office director shall consider
990	the extent to which negative economic conditions in the
991	requesting business's industry have occurred in the state or the
992	effects of the impact of a named hurricane or tropical storm or
993	specific acts of terrorism affecting the qualified target
994	industry business have prevented the business from complying
995	with the terms and conditions of its tax refund agreement. The
996	office shall consider current employment statistics for this
997	state by industry, including whether the business's industry had
998	substantial job loss during the prior year, when determining
999	whether an extension exemption shall be granted.
1000	3.  As a condition for receiving a prorated refund under
1001	paragraph (6)(e) (5)(d) or an economic recovery extension
1002	economic-stimulus exemption under this paragraph, a qualified
1003	target industry business must agree to renegotiate its tax
1004	refund agreement with the office to, at a minimum, ensure that
1005	the terms of the agreement comply with current law and office
1006	procedures governing application for and award of tax refunds.
1007	Upon approving the award of a prorated refund or granting an
1008	economic recovery extension economic-stimulus exemption, the
1009	office shall renegotiate the tax refund agreement
1010	business as required by this subparagraph. When
1011	agreement of a business receiving an economic
1012	economic-stimulus exemption, the office may extend the duration
1013	of the agreement for a period not to exceed 2 years.
1014	4.  A qualified target industry business may submit a
1015	request for an economic recovery extension economic-stimulus
1016	exemption to the office in lieu of any tax refund claim
1017	scheduled to be submitted after January 1, 2009, but before July
1018	1, 2012 2011.
1019	5.  A qualified target industry business that receives an
1020	economic recovery extension economic-stimulus exemption may not
1021	receive a tax refund for the period covered by the extension
1022	exemption.
1023	(c)  The agreement must be signed by the director and by an
1024	authorized officer of the qualified target industry business
1025	within 120 days after the issuance of the letter of
1026	certification under subsection (4) (3), but not before passage
1027	and receipt of the resolution of local financial support. The
1028	office may grant an extension of this period at the written
1029	request of the qualified target industry business.
1030	(d)  The agreement must contain the following legend,
1031	clearly printed on its face in bold type of not less than 10
1032	points in size: "This agreement is not neither a general
1033	obligation of the State of Florida, nor is it backed by the full
1034	faith and credit of the State of Florida. Payment of tax refunds
1035	is are conditioned on and subject to specific annual
1036	appropriations by the Florida Legislature of moneys sufficient
1037	to pay amounts authorized in section 288.106, Florida Statutes."
1038	(6)(5)  ANNUAL CLAIM FOR REFUND.-
1039	(a)  To be eligible to claim any scheduled tax refund, a
1040	qualified target industry business that has entered into a tax
1041	refund agreement with the office under subsection (5) (4) must
1042	apply by January 31 of each fiscal year to the office for the
1043	tax refund scheduled to be paid from the appropriation for the
1044	fiscal year that begins on July 1 following the January 31
1045	claims-submission date. The office may, upon written request,
1046	grant a 30-day extension of the filing date.
1047	(b)  The claim for refund by the qualified target industry
1048	business must include a copy of all receipts pertaining to the
1049	payment of taxes for which the refund is sought and data related
1050	to achievement of each performance item specified in the tax
1051	refund agreement. The amount requested as a tax refund may not
1052	exceed the amount specified for the relevant fiscal year in that
1053	agreement.
1054	(c)  The office may waive the requirement for proof of
1055	taxes paid in future years for a qualified target industry
1056	business that provides the office with proof that, in a single
1057	year, the business has paid an amount of state taxes from the
1058	categories in paragraph (3)(d) that is at least equal to the
1059	total amount of tax refunds that the business may receive
1060	through successful completion of its tax refund agreement.
1061	(d)(c)  A tax refund may not be approved for a qualified
1062	target industry business unless the required local financial
1063	support has been paid into the account for that refund. If the
1064	local financial support provided is less than 20 percent of the
1065	approved tax refund, the tax refund must be reduced. In no event
1066	may the tax refund exceed an amount that is equal to 5 times the
1067	amount of the local financial support received. Further, funding
1068	from local sources includes any tax abatement granted to that
1069	business under s. 196.1995 or the appraised market value of
1070	municipal or county land conveyed or provided at a discount to
1071	that business. The amount of any tax refund for such business
1072	approved under this section must be reduced by the amount of any
1073	such tax abatement granted or the value of the land granted,;
1074	and the limitations in subsection (3) (2) and paragraph
1075	(4)(3)(e) must be reduced by the amount of any such tax
1076	abatement or the value of the land granted. A report listing all
1077	sources of the local financial support shall be provided to the
1078	office when such support is paid to the account.
1079	(e)(d)  A prorated tax refund, less a 5-percent penalty,
1080	shall be approved for a qualified target industry business if
1081	provided all other applicable requirements have been satisfied
1082	and the business proves to the satisfaction of the office
1083	director that:
1084	1.  It has achieved at least 80 percent of its projected
1085	employment; and that
1086	2.  The average wage paid by the business is at least 90
1087	percent of the average wage specified in the tax refund
1088	agreement, but in no case less than 115 percent of the average
1089	private sector wage in the area available at the time of
1090	certification, or 150 percent or 200 percent of the average
1091	private sector wage if the business requested the additional
1092	per-job tax refund authorized in paragraph (3)(2)(b) for wages
1093	above those levels. The prorated tax refund shall be calculated
1094	by multiplying the tax refund amount for which the qualified
1095	target industry business would have been eligible, if all
1096	applicable requirements had been satisfied, by the percentage of
1097	the average employment specified in the tax refund agreement
1098	which was achieved, and by the percentage of the average wages
1099	specified in the tax refund agreement which was achieved.
1100	(f)(e)  The office director, with such assistance as may be
1101	required from the office, the Department of Revenue, or the
1102	Agency for Workforce Innovation, shall, by June 30 following the
1103	scheduled date for submission of the tax refund claim, specify
1104	by written order the approval or disapproval of the tax refund
1105	claim and, if approved, the amount of the tax refund that is
1106	authorized to be paid to the qualified target industry business
1107	for the annual tax refund. The office may grant an extension of
1108	this date on the request of the qualified target industry
1109	business for the purpose of filing additional information in
1110	support of the claim.
1111	(g)(f)  The total amount of tax refund claims approved by
1112	the office director under this section in any fiscal year must
1113	not exceed the amount authorized under s. 288.095(3).
1114	(h)(g)  This section does not create a presumption that a
1115	tax refund claim will be approved and paid.
1116	(i)(h)  Upon approval of the tax refund under paragraphs
1117	(c), (d), and (e), and (f), the Chief Financial Officer shall
1118	issue a warrant for the amount specified in the written order.
1119	If the written order is appealed, the Chief Financial Officer
1120	may not issue a warrant for a refund to the qualified target
1121	industry business until the conclusion of all appeals of that
1122	order.
1123	(7)(6)  ADMINISTRATION.-
1124	(a)  The office may is authorized to verify information
1125	provided in any claim submitted for tax credits under this
1126	section with regard to employment and wage levels or the payment
1127	of the taxes to the appropriate agency or authority, including
1128	the Department of Revenue, the Agency for Workforce Innovation,
1129	or any local government or authority.
1130	(b)  To facilitate the process of monitoring and auditing
1131	applications made under this section program, the office may
1132	provide a list of qualified target industry businesses to the
1133	Department of Revenue, to the Agency for Workforce Innovation,
1134	or to any local government or authority. The office may request
1135	the assistance of those entities with respect to monitoring
1136	jobs, wages, and the payment of the taxes listed in subsection
1137	(3) (2).
1138	(c)  Funds specifically appropriated for the tax refunds
1139	refund program for qualified target industry businesses under
1140	this section may not be used by the office for any purpose other
1141	than the payment of tax refunds authorized by this section.
1142	(d)  Beginning with tax refund agreements signed after July
1143	1, 2010, the office shall attempt to ascertain the causes for
1144	any business's failure to complete its agreement and shall
1145	report its findings and recommendations to the Governor, the
1146	President of the Senate, and the Speaker of the House of
1147	Representatives. The report shall be submitted by December 1 of
1148	each year beginning in 2011.
1149	(7)  Notwithstanding paragraphs (4)(a) and (5)(c), the
1150	office may approve a waiver of the local financial support
1151	requirement for a business located in any of the following
1152	counties in which businesses received emergency loans
1153	administered by the office in response to the named hurricanes
1154	of 2004: Bay, Brevard, Charlotte, DeSoto, Escambia, Flagler,
1155	Glades, Hardee, Hendry, Highlands, Indian River, Lake, Lee,
1156	Martin, Okaloosa, Okeechobee, Orange, Osceola, Palm Beach, Polk,
1157	Putnam, Santa Rosa, Seminole, St. Lucie, Volusia, and Walton. A
1158	waiver may be granted only if the office determines that the
1159	local financial support cannot be provided or that doing so
1160	would effect a demonstrable hardship on the unit of local
1161	government providing the local financial support. If the office
1162	grants a waiver of the local financial support requirement, the
1163	state shall pay 100 percent of the refund due to an eligible
1164	business. The waiver shall apply for tax refund applications
1165	made for fiscal years 2004-2005, 2005-2006, and 2006-2007.
1166	(8)  EXPIRATION.-An applicant may not be certified as
1167	qualified under this section after June 30, 2020 2010. A tax
1168	refund agreement existing on that date shall continue in effect
1169	in accordance with its terms.
1170	Section 10.  Paragraphs (e) and (f) of subsection (1),
1171	subsection (2), paragraphs (a) and (d) of subsection (4), and
1172	paragraph (b) of subsection (5) of section 288.107, Florida
1173	Statutes, are amended to read:
1174	288.107  Brownfield redevelopment bonus refunds.-
1175	(1)  DEFINITIONS.-As used in this section:
1176	(e)  "Eligible business" means:
1177	1.  A qualified target industry business as defined in s.
1178	288.106(2)(1)(o); or
1179	2.  A business that can demonstrate a fixed capital
1180	investment of at least $2 million in mixed-use business
1181	activities, including multiunit housing, commercial, retail, and
1182	industrial in brownfield areas, or at least $500,000 in
1183	brownfield areas that do not require site cleanup, and that
1184	which provides benefits to its employees.
1185	(f)  "Jobs" means full-time equivalent positions,
1186	including, but not limited to, positions obtained from a
1187	temporary employment agency or employee leasing company or
1188	through a union agreement or coemployment under a professional
1189	employer organization agreement, that result as that term is
1190	consistent with terms used by the Agency for Workforce
1191	Innovation for the purpose of unemployment compensation tax,
1192	resulting directly from a project in this state. The term does
1193	not include temporary construction jobs involved with the
1194	construction of facilities for the project and which are not
1195	associated with the implementation of the site rehabilitation as
1196	provided in s. 376.80.
1197	(2)  BROWNFIELD REDEVELOPMENT BONUS REFUND.-Bonus refunds
1198	shall be approved by the office as specified in the final order
1199	issued by the director and allowed from the account as follows:
1200	(a)  A bonus refund of $2,500 shall be allowed to any
1201	qualified target industry business as defined in by s. 288.106
1202	for each new Florida job created in a brownfield area that which
1203	is claimed on the qualified target industry business's annual
1204	refund claim authorized in s. 288.106(6)(5).
1205	(b)  A bonus refund of up to $2,500 shall be allowed to any
1206	other eligible business as defined in subparagraph (1)(e)2. for
1207	each new Florida job created in a brownfield area that which is
1208	claimed under an annual claim procedure similar to the annual
1209	refund claim authorized in s. 288.106(6)(5). The amount of the
1210	refund shall be equal to 20 percent of the average annual wage
1211	for the jobs created.
1212	(4)  PAYMENT OF BROWNFIELD REDEVELOPMENT BONUS REFUNDS.-
1213	(a)  To be eligible to receive a bonus refund for new
1214	Florida jobs created in a brownfield area, a business must have
1215	been certified as a qualified target industry business under s.
1216	288.106 or eligible business as defined in paragraph (1)(e) and
1217	must have indicated on the qualified target industry business
1218	tax refund application form submitted in accordance with s.
1219	288.106(4)(3) or other similar agreement for other eligible
1220	business as defined in paragraph (1)(e) that the project for
1221	which the application is submitted is or will be located in a
1222	brownfield area and that the business is applying for
1223	certification as a qualified brownfield business under this
1224	section, and must have signed a qualified target industry
1225	business tax refund agreement with the office that which
1226	indicates that the business has been certified as a qualified
1227	target industry business located in a brownfield area and
1228	specifies the schedule of brownfield redevelopment bonus refunds
1229	that the business may be eligible to receive in each fiscal
1230	year.
1231	(d)  After entering into a tax refund agreement as provided
1232	in s. 288.106 or other similar agreement for other eligible
1233	businesses as defined in paragraph (1)(e), an eligible business
1234	may receive brownfield redevelopment bonus refunds from the
1235	account pursuant to s. 288.106(3)(d)(2)(c).
1236	(5)  ADMINISTRATION.-
1237	(b)  To facilitate the process of monitoring and auditing
1238	applications made under this program, the office may provide a
1239	list of qualified target industry businesses to the Department
1240	of Revenue, to the Agency for Workforce Innovation, to the
1241	Department of Environmental Protection, or to any local
1242	government authority. The office may request the assistance of
1243	those entities with respect to monitoring the payment of the
1244	taxes listed in s. 288.106(3)(2).
1245	Section 11.  Paragraphs (a) and (g) of subsection (2) and
1246	paragraph (b) of subsection (3) of section 288.108, Florida
1247	Statutes, are amended to read:
1248	288.108  High-impact business.-
1249	(2)  DEFINITIONS.-As used in this section, the term:
1250	(a)  "Eligible high-impact business" means a business in
1251	one of the high-impact sectors identified by Enterprise Florida,
1252	Inc., and certified by the Office of Tourism, Trade, and
1253	Economic Development as provided in subsection (5), which is
1254	making a cumulative investment in the state of at least $50 $100
1255	million and creating at least 50 100 new full-time equivalent
1256	jobs in the state or a research and development facility making
1257	a cumulative investment of at least $25 $75 million and creating
1258	at least 25 75 new full-time equivalent jobs. Such investment
1259	and employment must be achieved in a period not to exceed 3
1260	years after the date the business is certified as a qualified
1261	high-impact business.
1262	(g)  "Jobs" means full-time equivalent positions,
1263	including, but not limited to, positions obtained from a
1264	temporary employment agency or employee leasing company or
1265	through a union agreement or coemployment under a professional
1266	employer organization agreement, that result as that term is
1267	consistent with terms used by the Agency for Workforce
1268	Innovation and the United States Department of Labor for
1269	purposes of unemployment compensation tax administration and
1270	employment estimation, resulting directly from a project in this
1271	state. The term does not include temporary construction jobs
1272	involved in the construction of the project facility.
1273	(3)  HIGH-IMPACT SECTOR PERFORMANCE GRANTS; ELIGIBLE
1274	AMOUNTS.-
1275	(b)  The office may, in consultation with Enterprise
1276	Florida, Inc., negotiate qualified high-impact business
1277	performance grant awards for any single qualified high-impact
1278	business. In negotiating such awards, the office shall consider
1279	the following guidelines in conjunction with other relevant
1280	applicant impact and cost information and analysis as required
1281	in subsection (5). A qualified high-impact business making a
1282	cumulative investment of $50 million and creating 50 jobs may be
1283	eligible for a total qualified high-impact business performance
1284	grant of $500,000 to $1 million. A qualified high-impact
1285	business making a cumulative investment of $100 million and
1286	creating 100 jobs may be eligible for a total qualified high-
1287	impact business performance grant of $1 million to $2 million. A
1288	qualified high-impact business making a cumulative investment of
1289	$800 million and creating 800 jobs may be eligible for a
1290	qualified high-impact business performance grant of $10 million
1291	to $12 million. A qualified high-impact business engaged in
1292	research and development making a cumulative investment of $25
1293	million and creating 25 jobs may be eligible for a total
1294	qualified high-impact business performance grant of $700,000 to
1295	$1 million. A qualified high-impact business, engaged in
1296	research and development, making a cumulative investment of $75
1297	million, and creating 75 jobs may be eligible for a total
1298	qualified high-impact business performance grant of $2 million
1299	to $3 million. A qualified high-impact business, engaged in
1300	research and development, making a cumulative investment of $150
1301	million, and creating 150 jobs may be eligible for a qualified
1302	high-impact business performance grant of $3.5 million to $4.5
1303	million.
1304	Section 12.  Subsection (3) of section 288.1088, Florida
1305	Statutes, is amended, and subsections (4) and (5) are added to
1306	that section, to read:
1307	288.1088  Quick Action Closing Fund.-
1308	(3)(a)  Enterprise Florida, Inc., shall review applications
1309	pursuant to s. 288.061 and determine the eligibility of each
1310	project consistent with the criteria in subsection (2).
1311	Enterprise Florida, Inc., in consultation with the Office of
1312	Tourism, Trade, and Economic Development, may waive these
1313	criteria based on extraordinary circumstances or in rural areas
1314	of critical economic concern if the project would significantly
1315	benefit the local or regional economy.
1316	(b)  Enterprise Florida, Inc., shall evaluate individual
1317	proposals for high-impact business facilities and forward
1318	recommendations regarding the use of moneys in the fund for such
1319	facilities to the director of the Office of Tourism, Trade, and
1320	Economic Development. Such evaluation and recommendation must
1321	include, but need not be limited to:
1322	1.  A description of the type of facility or
1323	infrastructure, its operations, and the associated product or
1324	service associated with the facility.
1325	2.  The number of full-time-equivalent jobs that will be
1326	created by the facility and the total estimated average annual
1327	wages of those jobs or, in the case of privately developed rural
1328	infrastructure, the types of business activities and jobs
1329	stimulated by the investment.
1330	3.  The cumulative amount of investment to be dedicated to
1331	the facility within a specified period.
1332	4.  A statement of any special impacts the facility is
1333	expected to stimulate in a particular business sector in the
1334	state or regional economy or in the state's universities and
1335	community colleges.
1336	5.  A statement of the role the incentive is expected to
1337	play in the decision of the applicant business to locate or
1338	expand in this state or for the private investor to provide
1339	critical rural infrastructure.
1340	6.  A report evaluating the quality and value of the
1341	company submitting a proposal. The report must include:
1342	a.  A financial analysis of the company, including an
1343	evaluation of the company's short-term liquidity ratio as
1344	measured by its assets to liability, the company's profitability
1345	ratio, and the company's long-term solvency as measured by its
1346	debt-to-equity ratio;
1347	b.  The historical market performance of the company;
1348	c.  A review of any independent evaluations of the company;
1349	d.  A review of the latest audit of the company's financial
1350	statement and the related auditor's management letter; and
1351	e.  A review of any other types of audits that are related
1352	to the internal and management controls of the company.
1353	(c)(b)  Within 22 calendar days after receiving the
1354	evaluation and recommendation from Enterprise Florida, Inc., the
1355	director of the Office of Tourism, Trade, and Economic
1356	Development shall recommend to the Governor approval or
1357	disapproval of a project for receipt of funds from the Quick
1358	Action Closing Fund. In recommending a project, the director
1359	shall include proposed performance conditions that the project
1360	must meet to obtain incentive funds. The Governor shall provide
1361	the evaluation of projects recommended for approval to the
1362	President of the Senate and the Speaker of the House of
1363	Representatives and consult with the President of the Senate and
1364	the Speaker of the House of Representatives before giving final
1365	approval for a project. At least 14 days before releasing funds
1366	for a project, the Executive Office of the Governor shall
1367	recommend approval of the a project and the release of funds by
1368	delivering notice of such action pursuant to the legislative
1369	consultation and review requirements set forth in s. 216.177.
1370	The recommendation must include proposed performance conditions
1371	that the project must meet in order to obtain funds. If the
1372	President of the Senate or the Speaker of the House of
1373	Representatives timely advises the Executive Office of the
1374	Governor, in writing, that such action or proposed action
1375	exceeds the delegated authority of the Executive Office of the
1376	Governor or is contrary to legislative policy or intent, the
1377	Executive Office of the Governor shall void the release of funds
1378	and instruct the Office of Tourism, Trade, and Economic
1379	Development to immediately change such action or proposed action
1380	until the Legislative Budget Commission or the Legislature
1381	addresses the issue.
1382	(d)(c)  Upon the approval of the Governor, the director of
1383	the Office of Tourism, Trade, and Economic Development and the
1384	business shall enter into a contract that sets forth the
1385	conditions for payment of moneys from the fund. The contract
1386	must include the total amount of funds awarded; the performance
1387	conditions that must be met to obtain the award, including, but
1388	not limited to, net new employment in the state, average salary,
1389	and total capital investment; demonstrate a baseline of current
1390	service and a measure of enhanced capability; the methodology
1391	for validating performance; the schedule of payments from the
1392	fund; and sanctions for failure to meet performance conditions.
1393	The contract must provide that payment of moneys from the fund
1394	is contingent upon sufficient appropriation of funds by the
1395	Legislature and upon sufficient release of appropriated funds by
1396	the Legislative Budget Commission.
1397	(e)(d)  Enterprise Florida, Inc., shall validate contractor
1398	performance. Such validation shall be reported within 6 months
1399	after completion of the contract to the Governor, President of
1400	the Senate, and the Speaker of the House of Representatives.
1401	(4)(a)  A Quick Action Closing Fund business that, pursuant
1402	to its contract, submits reports to the Office of Tourism,
1403	Trade, and Economic Development on or after January 1, 2010, but
1404	no later than June 30, 2011, on the status of the business's
1405	compliance with the performance conditions of its contract may
1406	submit a written request to the Office of Tourism, Trade, and
1407	Economic Development for renegotiation of the contract. The
1408	request must provide quantitative evidence demonstrating how
1409	negative economic conditions in the business's industry have
1410	prevented the business from complying with the terms and
1411	conditions of the contract. The request must also include
1412	proposed adjusted performance conditions that result in new job
1413	creation and meet the requirements of subsection (2). Adjusted
1414	performance conditions may not include any additional waiver
1415	requests.
1416	(b)  Within 45 days after receiving a Quick Action Closing
1417	Fund business's request to renegotiate its contract, the
1418	director of the Office of Tourism, Trade, and Economic
1419	Development must provide written notice to the business of
1420	whether the request for renegotiation is granted or denied. In
1421	making such a determination, the director shall consider the
1422	extent to which negative economic conditions in the business's
1423	industry occurred in the state, the proposed adjusted
1424	performance conditions, and the business's efforts to comply
1425	with the contract.
1426	(c)  Upon granting a business's request to renegotiate, the
1427	Office of Tourism, Trade, and Economic Development, together
1428	with Enterprise Florida, Inc., shall determine the economic
1429	impact of the adjusted performance conditions and notify the
1430	business of the adjusted award amount associated with the
1431	proposed adjusted performance conditions. The Quick Action
1432	Closing Fund business must renegotiate its contract with the
1433	Office of Tourism, Trade, and Economic Development for the
1434	adjusted amount and agree to return the difference between the
1435	original Quick Action Closing Fund award and the adjusted award
1436	without interest or penalties. When renegotiating a contract
1437	with a Quick Action Closing Fund business, the Office of
1438	Tourism, Trade, and Economic Development may extend the duration
1439	of the contract for a period not to exceed 2 years. Any funds
1440	returned pursuant to this paragraph shall be reappropriated to
1441	the Office of Tourism, Trade, and Economic Development for the
1442	Quick Action Closing Fund.
1443	(d)  This subsection expires June 30, 2011.
1444	(5)  Funds appropriated by the Legislature for purposes of
1445	implementing this section shall be placed in reserve and may
1446	only be released pursuant to the legislative consultation and
1447	review requirements set forth in s. 216.177. Notwithstanding s.
1448	216.301, funds appropriated for purposes of implementing this
1449	section, whether released or in reserve, shall not revert on
1450	June 30th of the fiscal year for which the funds are
1451	appropriated but shall revert on June 30th of the second fiscal
1452	year of the appropriation.
1453	Section 13.  Paragraphs (k) and (s) of subsection (2) of
1454	section 288.1089, Florida Statutes, are amended to read:
1455	288.1089  Innovation Incentive Program.-
1456	(2)  As used in this section, the term:
1457	(k)  "Jobs" means full-time equivalent positions,
1458	including, but not limited to, positions obtained from a
1459	temporary employment agency or employee leasing company or
1460	through a union agreement or coemployment under a professional
1461	employer organization agreement, that result as that term is
1462	consistent with terms used by the Agency for Workforce
1463	Innovation and the United States Department of Labor for
1464	purposes of unemployment compensation tax administration and
1465	employment estimation, resulting directly from a project in this
1466	state. The term does not include temporary construction jobs.
1467	(s)  "Rural area" means a rural city or, rural community,
1468	or rural county as defined in s. 288.106.
1469	Section 14.  Section 290.00677, Florida Statutes, is
1470	amended to read:
1471	290.00677  Rural enterprise zones; special qualifications.-
1472	(1)  Notwithstanding the enterprise zone residency
1473	requirements set out in s. 212.096(1)(c), eligible businesses as
1474	defined in by s. 212.096(1)(a), located in rural enterprise
1475	zones as defined in by s. 290.004, may receive the basic minimum
1476	credit provided under s. 212.096 for creating a new job and
1477	hiring a person residing within the jurisdiction of a rural
1478	community county, as defined in by s. 288.106(2)(1)(r). All
1479	other provisions of s. 212.096, including, but not limited to,
1480	those relating to the award of enhanced credits, apply to such
1481	businesses.
1482	(2)  Notwithstanding the enterprise zone residency
1483	requirements set out in s. 220.03(1)(q), businesses as defined
1484	in by s. 220.03(1)(c), located in rural enterprise zones as
1485	defined in s. 290.004, may receive the basic minimum credit
1486	provided under s. 220.181 for creating a new job and hiring a
1487	person residing within the jurisdiction of a rural community
1488	county, as defined in by s. 288.106(2)(1)(r). All other
1489	provisions of s. 220.181, including, but not limited to, those
1490	relating to the award of enhanced credits, apply to such
1491	businesses.
1492	Section 15.  Effective July 1, 2010, section 373.441,
1493	Florida Statutes, is amended to read:
1494	373.441  Role of counties, municipalities, and local
1495	pollution control programs in permit processing; delegation.-
1496	(1)  The department in consultation with the water
1497	management districts shall, by December 1, 1994, adopt rules to
1498	guide the participation of counties, municipalities, and local
1499	pollution control programs in an efficient, streamlined
1500	permitting system. Such rules must shall seek to increase
1501	governmental efficiency, shall maintain environmental standards,
1502	and shall include consideration of the following:
1503	(a)  Provisions under which the environmental resource
1504	permit program are shall be delegated, upon approval of the
1505	department and the appropriate water management districts, only
1506	to a county, municipality, or local pollution control program
1507	that which has the financial, technical, and administrative
1508	capabilities and desire to implement and enforce the program;
1509	(b)  Provisions under which a locally delegated permit
1510	program may have stricter environmental standards than state
1511	standards;
1512	(c)  Provisions for identifying and reconciling any
1513	duplicative permitting by January 1, 1995;
1514	(d)  Provisions for timely and cost-efficient notification
1515	by the reviewing agency of permit applications, and permit
1516	requirements, to counties, municipalities, local pollution
1517	control programs, the department, or water management districts,
1518	as appropriate;
1519	(e)  Provisions for ensuring the consistency of permit
1520	applications with local comprehensive plans;
1521	(f)  Provisions for the partial delegation of the
1522	environmental resource permit program to counties,
1523	municipalities, or local pollution control programs, and
1524	standards and criteria to be employed in the implementation of
1525	such delegation by counties, municipalities, and local pollution
1526	control programs;
1527	(g)  Special provisions under which the environmental
1528	resource permit program may be delegated to counties having with
1529	populations of 75,000 or fewer less, or municipalities with, or
1530	local pollution control programs serving, populations of 50,000
1531	or fewer less; and
1532	(h)  Provisions for the applicability of chapter 120 to
1533	local government programs when the environmental resource permit
1534	program is delegated to counties, municipalities, or local
1535	pollution control programs; and
1536	(i)  Provisions for a local government to petition the
1537	Governor and Cabinet for review of a request for a delegation of
1538	authority that is not approved or denied within 1 year after
1539	being initiated.
1540	(2)  Any denial by the department of a local government's
1541	request for a delegation of authority must provide specific
1542	detail of those statutory or rule provisions that were not
1543	satisfied. Such detail shall also include specific actions that
1544	can be taken in order to allow for the delegation of authority.
1545	A local government, upon being denied a request for a delegation
1546	of authority, may petition the Governor and Cabinet for a review
1547	of the request. The Governor and Cabinet may reverse the
1548	decision of the department and may provide any necessary
1549	conditions to allow the delegation of authority to occur.
1550	(3)  Delegation of authority shall be approved if the local
1551	government meets the requirements set forth in rule 62-344,
1552	Florida Administrative Code. This section does not require a
1553	local government to seek delegation of the environmental
1554	resource permit program.
1555	(4)(2)  Nothing in This section does not affect affects or
1556	modify modifies land development regulations adopted by a local
1557	government to implement its comprehensive plan pursuant to
1558	chapter 163.
1559	(5)(3)  The department shall review environmental resource
1560	permit applications for electrical distribution and transmission
1561	lines and other facilities related to the production,
1562	transmission, and distribution of electricity which are not
1563	certified under ss. 403.52-403.5365, the Florida Electric
1564	Transmission Line Siting Act, regulated under this part.
1565	Section 16.  Effective July 1, 2010, subsection (41) is
1566	added to section 403.061, Florida Statutes, to read:
1567	403.061  Department; powers and duties.-The department
1568	shall have the power and the duty to control and prohibit
1569	pollution of air and water in accordance with the law and rules
1570	adopted and promulgated by it and, for this purpose, to:
1571	(41)  Expand the use of online self-certification for
1572	appropriate exemptions and general permits issued by the
1573	department or the water management districts if such expansion
1574	is economically feasible. Notwithstanding any other provision of
1575	law, a local government may not specify the method or form for
1576	documenting that a project qualifies for an exemption or meets
1577	the requirements for a permit under chapter 161, chapter 253,
1578	chapter 373, or this chapter. This limitation of local
1579	government authority extends to Internet-based department
1580	programs that provide for self-certification.
1581
1582	The department shall implement such programs in conjunction with
1583	its other powers and duties and shall place special emphasis on
1584	reducing and eliminating contamination that presents a threat to
1585	humans, animals or plants, or to the environment.
1586	Section 17.  (1)  Except as provided in subsection (4), a
1587	development order issued by a local government, building permit,
1588	and any permit issued by the Department of Environmental
1589	Protection or by a water management district pursuant to part IV
1590	of chapter 373, Florida Statutes, which has an expiration date
1591	from September 1, 2008, through January 1, 2012, is extended and
1592	renewed for a period of 2 years after its previously scheduled
1593	date of expiration. This 2-year extension also applies to
1594	buildout dates, including any extension of a buildout date that
1595	was previously granted under s. 380.06(19)(c), Florida Statutes.
1596	This section does not prohibit conversion from the construction
1597	phase to the operation phase upon completion of construction.
1598	This extension is in addition to the 2-year permit extension
1599	provided under section 14 of chapter 2009-96, Laws of Florida.
1600	(2)  The commencement and completion dates for any required
1601	mitigation associated with a phased construction project are
1602	extended so that mitigation takes place in the same timeframe
1603	relative to the phase as originally permitted.
1604	(3)  The holder of a valid permit or other authorization
1605	that is eligible for the 2-year extension must notify the
1606	authorizing agency in writing by December 31, 2010, identifying
1607	the specific authorization for which the holder intends to use
1608	the extension and the anticipated timeframe for acting on the
1609	authorization.
1610	(4)  The extension provided for in subsection (1) does not
1611	apply to:
1612	(a)  A permit or other authorization under any programmatic
1613	or regional general permit issued by the Army Corps of
1614	Engineers.
1615	(b)  A permit or other authorization held by an owner or
1616	operator determined to be in significant noncompliance with the
1617	conditions of the permit or authorization as established through
1618	the issuance of a warning letter or notice of violation, the
1619	initiation of formal enforcement, or other equivalent action by
1620	the authorizing agency.
1621	(c)  A permit or other authorization, if granted an
1622	extension that would delay or prevent compliance with a court
1623	order.
1624	(5)  Permits extended under this section shall continue to
1625	be governed by the rules in effect at the time the permit was
1626	issued, except if it is demonstrated that the rules in effect at
1627	the time the permit was issued would create an immediate threat
1628	to public safety or health. This provision applies to any
1629	modification of the plans, terms, and conditions of the permit
1630	which lessens the environmental impact, except that any such
1631	modification does not extend the time limit beyond 2 additional
1632	years.
1633	(6)  This section does not impair the authority of a county
1634	or municipality to require the owner of a property that has
1635	notified the county or municipality of the owner's intent to
1636	receive the extension of time granted pursuant to this section
1637	to maintain and secure the property in a safe and sanitary
1638	condition in compliance with applicable laws and ordinances.
1639	Section 18.  (1)  The Legislature finds that it is in the
1640	best interest of the state to identify surplus property and
1641	dispose of such property owned by the state that is unnecessary
1642	to achieving the state's responsibilities, that may cost more to
1643	maintain than the revenue generated, that does not serve any
1644	public purpose, or from which the state may derive a
1645	substantially similar public purpose under private ownership.
1646	(2)  By July 1 of each year, beginning in 2010, each state
1647	agency owning or operating state-owned real property shall
1648	submit inventory data to the Department of Environmental
1649	Protection in a format prescribed by the department.
1650	(3)  By October 1 of each year, beginning in 2010, the
1651	Department of Environmental Protection shall submit to the
1652	Governor, the President of the Senate, and the Speaker of the
1653	House of Representatives a report that lists state-owned real
1654	property recommended for disposition.
1655	Section 19.  The installation of fuel tank upgrades to
1656	secondary containment systems shall be completed by the
1657	deadlines specified in rule 62-761.510, Florida Administrative
1658	Code, Table UST. However, notwithstanding any agreement to the
1659	contrary, any fuel service station that changed ownership
1660	interest through a bona fide sale of the property between
1661	January 1, 2008, and June 1, 2010, is not required to complete
1662	the upgrades described in rule 62-761.510, Florida
1663	Administrative Code, Table UST, until June 1, 2013. This
1664	exception does not prevent a property owner from requesting a
1665	variance from the applicable codes before or after the
1666	expiration of the 5-year term. This section does not prohibit
1667	the Department of Environmental Protection from granting
1668	variances pursuant to s. 120.542, Florida Statutes. The
1669	Department of Environmental Protection shall adopt rules to
1670	administer this section.
1671	Section 20.  Except as otherwise provided in this act, this
1672	act shall take effect upon becoming a law.

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