HB 7201

1
A bill to be entitled
2An act relating to economic development; amending s.
3212.031, F.S.; providing a partial exemption from the tax
4on renting, leasing, letting, or granting a license for
5the use of real property for property rented, leased,
6subleased, or licensed to a person providing certain
7services at convention halls, civic centers, or public
8lodging establishments; providing for application only to
9certain portions of payments; providing for retroactive
10application; amending s. 212.08, F.S., relating to
11exemptions from sales, rental, use, consumption,
12distribution, and storage tax; revising the definitions of
13the terms "productive output" and "real property" for
14purposes of certain exemptions; creating s. 288.0659,
15F.S.; creating the Local Government Distressed Area
16Matching Grant Program within the Office of Tourism,
17Trade, and Economic Development; providing a program
18purpose; providing definitions; authorizing the office to
19accept and administer appropriated moneys to provide local
20government distressed area matching grants; authorizing
21local governments to apply for grants to match qualified
22business assistance; providing qualifying requirements for
23targeted businesses; specifying evaluation criteria for
24reviewing grant requests; subjecting grant approval to
25legislative appropriation; providing limitations on
26expending funds; providing procedures for approving grant
27allocations or disapproving application; providing a
28process for making preliminary and final grant awards;
29providing requirements for grant recipients; providing for
30revocation of grants; limiting the grant amount for the
31qualified business assistance; authorizing the office to
32retain certain funds for administrative costs; providing
33appropriations; providing an effective date.
34
35Be It Enacted by the Legislature of the State of Florida:
36
37     Section 1.  Paragraph (a) of subsection (1) of section
38212.031, Florida Statutes, is amended to read:
39     212.031  Tax on rental or license fee for use of real
40property.-
41     (1)(a)  It is declared to be the legislative intent that
42every person is exercising a taxable privilege who engages in
43the business of renting, leasing, letting, or granting a license
44for the use of any real property unless such property is:
45     1.  Assessed as agricultural property under s. 193.461.
46     2.  Used exclusively as dwelling units.
47     3.  Property subject to tax on parking, docking, or storage
48spaces under s. 212.03(6).
49     4.  Recreational property or the common elements of a
50condominium when subject to a lease between the developer or
51owner thereof and the condominium association in its own right
52or as agent for the owners of individual condominium units or
53the owners of individual condominium units. However, only the
54lease payments on such property shall be exempt from the tax
55imposed by this chapter, and any other use made by the owner or
56the condominium association shall be fully taxable under this
57chapter.
58     5.  A public or private street or right-of-way and poles,
59conduits, fixtures, and similar improvements located on such
60streets or rights-of-way, occupied or used by a utility or
61provider of communications services, as defined by s. 202.11,
62for utility or communications or television purposes. For
63purposes of this subparagraph, the term "utility" means any
64person providing utility services as defined in s. 203.012. This
65exception also applies to property, wherever located, on which
66the following are placed: towers, antennas, cables, accessory
67structures, or equipment, not including switching equipment,
68used in the provision of mobile communications services as
69defined in s. 202.11. For purposes of this chapter, towers used
70in the provision of mobile communications services, as defined
71in s. 202.11, are considered to be fixtures.
72     6.  A public street or road which is used for
73transportation purposes.
74     7.  Property used at an airport exclusively for the purpose
75of aircraft landing or aircraft taxiing or property used by an
76airline for the purpose of loading or unloading passengers or
77property onto or from aircraft or for fueling aircraft.
78     8.a.  Property used at a port authority, as defined in s.
79315.02(2), exclusively for the purpose of oceangoing vessels or
80tugs docking, or such vessels mooring on property used by a port
81authority for the purpose of loading or unloading passengers or
82cargo onto or from such a vessel, or property used at a port
83authority for fueling such vessels, or to the extent that the
84amount paid for the use of any property at the port is based on
85the charge for the amount of tonnage actually imported or
86exported through the port by a tenant.
87     b.  The amount charged for the use of any property at the
88port in excess of the amount charged for tonnage actually
89imported or exported shall remain subject to tax except as
90provided in sub-subparagraph a.
91     9.  Property used as an integral part of the performance of
92qualified production services. As used in this subparagraph, the
93term "qualified production services" means any activity or
94service performed directly in connection with the production of
95a qualified motion picture, as defined in s. 212.06(1)(b), and
96includes:
97     a.  Photography, sound and recording, casting, location
98managing and scouting, shooting, creation of special and optical
99effects, animation, adaptation (language, media, electronic, or
100otherwise), technological modifications, computer graphics, set
101and stage support (such as electricians, lighting designers and
102operators, greensmen, prop managers and assistants, and grips),
103wardrobe (design, preparation, and management), hair and makeup
104(design, production, and application), performing (such as
105acting, dancing, and playing), designing and executing stunts,
106coaching, consulting, writing, scoring, composing,
107choreographing, script supervising, directing, producing,
108transmitting dailies, dubbing, mixing, editing, cutting,
109looping, printing, processing, duplicating, storing, and
110distributing;
111     b.  The design, planning, engineering, construction,
112alteration, repair, and maintenance of real or personal property
113including stages, sets, props, models, paintings, and facilities
114principally required for the performance of those services
115listed in sub-subparagraph a.; and
116     c.  Property management services directly related to
117property used in connection with the services described in sub-
118subparagraphs a. and b.
119
120This exemption will inure to the taxpayer upon presentation of
121the certificate of exemption issued to the taxpayer under the
122provisions of s. 288.1258.
123     10.  Leased, subleased, licensed, or rented to a person
124providing food and drink concessionaire services within the
125premises of a convention hall, exhibition hall, auditorium,
126stadium, theater, arena, civic center, performing arts center,
127publicly owned recreational facility, or any business operated
128under a permit issued pursuant to chapter 550. A person
129providing retail concessionaire services involving the sale of
130food and drink or other tangible personal property within the
131premises of an airport shall be subject to tax on the rental of
132real property used for that purpose, but shall not be subject to
133the tax on any license to use the property. For purposes of this
134subparagraph, the term "sale" shall not include the leasing of
135tangible personal property.
136     11.  Property occupied pursuant to an instrument calling
137for payments which the department has declared, in a Technical
138Assistance Advisement issued on or before March 15, 1993, to be
139nontaxable pursuant to rule 12A-1.070(19)(c), Florida
140Administrative Code; provided that this subparagraph shall only
141apply to property occupied by the same person before and after
142the execution of the subject instrument and only to those
143payments made pursuant to such instrument, exclusive of renewals
144and extensions thereof occurring after March 15, 1993.
145     12.  Rented, leased, subleased, or licensed to a
146concessionaire by a convention hall, exhibition hall,
147auditorium, stadium, theater, arena, civic center, performing
148arts center, or publicly owned recreational facility, during an
149event at the facility, to be used by the concessionaire to sell
150souvenirs, novelties, or other event-related products. This
151subparagraph applies only to that portion of the rental, lease,
152or license payment which is based on a percentage of sales and
153not based on a fixed price. This subparagraph is repealed July
1541, 2009.
155     13.  Property used or occupied predominantly for space
156flight business purposes. As used in this subparagraph, "space
157flight business" means the manufacturing, processing, or
158assembly of a space facility, space propulsion system, space
159vehicle, satellite, or station of any kind possessing the
160capacity for space flight, as defined by s. 212.02(23), or
161components thereof, and also means the following activities
162supporting space flight: vehicle launch activities, flight
163operations, ground control or ground support, and all
164administrative activities directly related thereto. Property
165shall be deemed to be used or occupied predominantly for space
166flight business purposes if more than 50 percent of the
167property, or improvements thereon, is used for one or more space
168flight business purposes. Possession by a landlord, lessor, or
169licensor of a signed written statement from the tenant, lessee,
170or licensee claiming the exemption shall relieve the landlord,
171lessor, or licensor from the responsibility of collecting the
172tax, and the department shall look solely to the tenant, lessee,
173or licensee for recovery of such tax if it determines that the
174exemption was not applicable.
175     14.  Rented, leased, subleased, or licensed to a person
176providing telecommunications, data systems management, or
177Internet services at a publicly or privately owned convention
178hall, civic center, or meeting space at a public lodging
179establishment as defined in s. 509.013. This subparagraph
180applies only to that portion of the rental, lease, or license
181payment that is based upon a percentage of sales, revenue
182sharing, or royalty payments and not based upon a fixed price.
183This subparagraph is intended to be clarifying and remedial in
184nature and shall apply retroactively. This subparagraph does not
185provide a basis for an assessment of any tax not paid, or create
186a right to a refund of any tax paid, pursuant to this section
187before July 1, 2010.
188     Section 2.  Paragraphs (b) and (g) of subsection (5) of
189section 212.08, Florida Statutes, are amended to read:
190     212.08  Sales, rental, use, consumption, distribution, and
191storage tax; specified exemptions.-The sale at retail, the
192rental, the use, the consumption, the distribution, and the
193storage to be used or consumed in this state of the following
194are hereby specifically exempt from the tax imposed by this
195chapter.
196     (5)  EXEMPTIONS; ACCOUNT OF USE.-
197     (b)  Machinery and equipment used to increase productive
198output.-
199     1.  Industrial machinery and equipment purchased for
200exclusive use by a new business in spaceport activities as
201defined by s. 212.02 or for use in new businesses which
202manufacture, process, compound, or produce for sale items of
203tangible personal property at fixed locations are exempt from
204the tax imposed by this chapter upon an affirmative showing by
205the taxpayer to the satisfaction of the department that such
206items are used in a new business in this state. Such purchases
207must be made prior to the date the business first begins its
208productive operations, and delivery of the purchased item must
209be made within 12 months of that date.
210     2.  Industrial machinery and equipment purchased for
211exclusive use by an expanding facility which is engaged in
212spaceport activities as defined by s. 212.02 or for use in
213expanding manufacturing facilities or plant units which
214manufacture, process, compound, or produce for sale items of
215tangible personal property at fixed locations in this state are
216exempt from any amount of tax imposed by this chapter upon an
217affirmative showing by the taxpayer to the satisfaction of the
218department that such items are used to increase the productive
219output of such expanded facility or business by not less than 10
220percent.
221     3.a.  To receive an exemption provided by subparagraph 1.
222or subparagraph 2., a qualifying business entity shall apply to
223the department for a temporary tax exemption permit. The
224application shall state that a new business exemption or
225expanded business exemption is being sought. Upon a tentative
226affirmative determination by the department pursuant to
227subparagraph 1. or subparagraph 2., the department shall issue
228such permit.
229     b.  The applicant shall be required to maintain all
230necessary books and records to support the exemption. Upon
231completion of purchases of qualified machinery and equipment
232pursuant to subparagraph 1. or subparagraph 2., the temporary
233tax permit shall be delivered to the department or returned to
234the department by certified or registered mail.
235     c.  If, in a subsequent audit conducted by the department,
236it is determined that the machinery and equipment purchased as
237exempt under subparagraph 1. or subparagraph 2. did not meet the
238criteria mandated by this paragraph or if commencement of
239production did not occur, the amount of taxes exempted at the
240time of purchase shall immediately be due and payable to the
241department by the business entity, together with the appropriate
242interest and penalty, computed from the date of purchase, in the
243manner prescribed by this chapter.
244     d.  In the event a qualifying business entity fails to
245apply for a temporary exemption permit or if the tentative
246determination by the department required to obtain a temporary
247exemption permit is negative, a qualifying business entity shall
248receive the exemption provided in subparagraph 1. or
249subparagraph 2. through a refund of previously paid taxes. No
250refund may be made for such taxes unless the criteria mandated
251by subparagraph 1. or subparagraph 2. have been met and
252commencement of production has occurred.
253     4.  The department shall adopt rules governing applications
254for, issuance of, and the form of temporary tax exemption
255permits; provisions for recapture of taxes; and the manner and
256form of refund applications and may establish guidelines as to
257the requisites for an affirmative showing of increased
258productive output, commencement of production, and qualification
259for exemption.
260     5.  The exemptions provided in subparagraphs 1. and 2. do
261not apply to machinery or equipment purchased or used by
262electric utility companies, communications companies, oil or gas
263exploration or production operations, publishing firms that do
264not export at least 50 percent of their finished product out of
265the state, any firm subject to regulation by the Division of
266Hotels and Restaurants of the Department of Business and
267Professional Regulation, or any firm which does not manufacture,
268process, compound, or produce for sale items of tangible
269personal property or which does not use such machinery and
270equipment in spaceport activities as required by this paragraph.
271The exemptions provided in subparagraphs 1. and 2. shall apply
272to machinery and equipment purchased for use in phosphate or
273other solid minerals severance, mining, or processing
274operations.
275     6.  For the purposes of the exemptions provided in
276subparagraphs 1. and 2., these terms have the following
277meanings:
278     a.  "Industrial machinery and equipment" means tangible
279personal property or other property that has a depreciable life
280of 3 years or more and that is used as an integral part in the
281manufacturing, processing, compounding, or production of
282tangible personal property for sale or is exclusively used in
283spaceport activities. A building and its structural components
284are not industrial machinery and equipment unless the building
285or structural component is so closely related to the industrial
286machinery and equipment that it houses or supports that the
287building or structural component can be expected to be replaced
288when the machinery and equipment are replaced. Heating and air-
289conditioning systems are not industrial machinery and equipment
290unless the sole justification for their installation is to meet
291the requirements of the production process, even though the
292system may provide incidental comfort to employees or serve, to
293an insubstantial degree, nonproduction activities. The term
294includes parts and accessories only to the extent that the
295exemption thereof is consistent with the provisions of this
296paragraph.
297     b.  "Productive output" means the number of units actually
298produced by a single plant, or operation, or product line in a
299single continuous 12-month period, irrespective of sales.
300Increases in productive output shall be measured by the output
301for 12 continuous months selected by the expanding business
302immediately following the completion of installation of such
303machinery or equipment over the output for the 12 continuous
304months immediately preceding such installation. However, if a
305different 12-month continuous period of time would more
306accurately reflect the increase in productive output of
307machinery and equipment purchased to facilitate an expansion,
308the increase in productive output may be measured during that
30912-month continuous period of time if such time period is
310mutually agreed upon by the Department of Revenue and the
311expanding business prior to the commencement of production;
312provided, However, in no case may such time period begin later
313than 2 years following the completion of installation of the new
314machinery and equipment. The units used to measure productive
315output shall be physically comparable between the two periods,
316irrespective of sales.
317     (g)  Building materials used in the rehabilitation of real
318property located in an enterprise zone.-
319     1.  Building materials used in the rehabilitation of real
320property located in an enterprise zone shall be exempt from the
321tax imposed by this chapter upon an affirmative showing to the
322satisfaction of the department that the items have been used for
323the rehabilitation of real property located in an enterprise
324zone. Except as provided in subparagraph 2., this exemption
325inures to the owner, lessee, or lessor of the rehabilitated real
326property located in an enterprise zone only through a refund of
327previously paid taxes. To receive a refund pursuant to this
328paragraph, the owner, lessee, or lessor of the rehabilitated
329real property located in an enterprise zone must file an
330application under oath with the governing body or enterprise
331zone development agency having jurisdiction over the enterprise
332zone where the business is located, as applicable, which
333includes:
334     a.  The name and address of the person claiming the refund.
335     b.  An address and assessment roll parcel number of the
336rehabilitated real property in an enterprise zone for which a
337refund of previously paid taxes is being sought.
338     c.  A description of the improvements made to accomplish
339the rehabilitation of the real property.
340     d.  A copy of the building permit issued for the
341rehabilitation of the real property.
342     e.  A sworn statement, under the penalty of perjury, from
343the general contractor licensed in this state with whom the
344applicant contracted to make the improvements necessary to
345accomplish the rehabilitation of the real property, which
346statement lists the building materials used in the
347rehabilitation of the real property, the actual cost of the
348building materials, and the amount of sales tax paid in this
349state on the building materials. In the event that a general
350contractor has not been used, the applicant shall provide this
351information in a sworn statement, under the penalty of perjury.
352Copies of the invoices which evidence the purchase of the
353building materials used in such rehabilitation and the payment
354of sales tax on the building materials shall be attached to the
355sworn statement provided by the general contractor or by the
356applicant. Unless the actual cost of building materials used in
357the rehabilitation of real property and the payment of sales
358taxes due thereon is documented by a general contractor or by
359the applicant in this manner, the cost of such building
360materials shall be an amount equal to 40 percent of the increase
361in assessed value for ad valorem tax purposes.
362     f.  The identifying number assigned pursuant to s. 290.0065
363to the enterprise zone in which the rehabilitated real property
364is located.
365     g.  A certification by the local building code inspector
366that the improvements necessary to accomplish the rehabilitation
367of the real property are substantially completed.
368     h.  Whether the business is a small business as defined by
369s. 288.703(1).
370     i.  If applicable, the name and address of each permanent
371employee of the business, including, for each employee who is a
372resident of an enterprise zone, the identifying number assigned
373pursuant to s. 290.0065 to the enterprise zone in which the
374employee resides.
375     2.  This exemption inures to a city, county, other
376governmental agency, or nonprofit community-based organization
377through a refund of previously paid taxes if the building
378materials used in the rehabilitation of real property located in
379an enterprise zone are paid for from the funds of a community
380development block grant, State Housing Initiatives Partnership
381Program, or similar grant or loan program. To receive a refund
382pursuant to this paragraph, a city, county, other governmental
383agency, or nonprofit community-based organization must file an
384application which includes the same information required to be
385provided in subparagraph 1. by an owner, lessee, or lessor of
386rehabilitated real property. In addition, the application must
387include a sworn statement signed by the chief executive officer
388of the city, county, other governmental agency, or nonprofit
389community-based organization seeking a refund which states that
390the building materials for which a refund is sought were paid
391for from the funds of a community development block grant, State
392Housing Initiatives Partnership Program, or similar grant or
393loan program.
394     3.  Within 10 working days after receipt of an application,
395the governing body or enterprise zone development agency shall
396review the application to determine if it contains all the
397information required pursuant to subparagraph 1. or subparagraph
3982. and meets the criteria set out in this paragraph. The
399governing body or agency shall certify all applications that
400contain the information required pursuant to subparagraph 1. or
401subparagraph 2. and meet the criteria set out in this paragraph
402as eligible to receive a refund. If applicable, the governing
403body or agency shall also certify if 20 percent of the employees
404of the business are residents of an enterprise zone, excluding
405temporary and part-time employees. The certification shall be in
406writing, and a copy of the certification shall be transmitted to
407the executive director of the Department of Revenue. The
408applicant shall be responsible for forwarding a certified
409application to the department within the time specified in
410subparagraph 4.
411     4.  An application for a refund pursuant to this paragraph
412must be submitted to the department within 6 months after the
413rehabilitation of the property is deemed to be substantially
414completed by the local building code inspector or by September 1
415after the rehabilitated property is first subject to assessment.
416     5.  Not more than one exemption through a refund of
417previously paid taxes for the rehabilitation of real property
418shall be permitted for any single parcel of property unless
419there is a change in ownership, a new lessor, or a new lessee of
420the real property. No refund shall be granted pursuant to this
421paragraph unless the amount to be refunded exceeds $500. No
422refund granted pursuant to this paragraph shall exceed the
423lesser of 97 percent of the Florida sales or use tax paid on the
424cost of the building materials used in the rehabilitation of the
425real property as determined pursuant to sub-subparagraph 1.e. or
426$5,000, or, if no less than 20 percent of the employees of the
427business are residents of an enterprise zone, excluding
428temporary and part-time employees, the amount of refund granted
429pursuant to this paragraph shall not exceed the lesser of 97
430percent of the sales tax paid on the cost of such building
431materials or $10,000. A refund approved pursuant to this
432paragraph shall be made within 30 days of formal approval by the
433department of the application for the refund. This subparagraph
434shall apply retroactively to July 1, 2005.
435     6.  The department shall adopt rules governing the manner
436and form of refund applications and may establish guidelines as
437to the requisites for an affirmative showing of qualification
438for exemption under this paragraph.
439     7.  The department shall deduct an amount equal to 10
440percent of each refund granted under the provisions of this
441paragraph from the amount transferred into the Local Government
442Half-cent Sales Tax Clearing Trust Fund pursuant to s. 212.20
443for the county area in which the rehabilitated real property is
444located and shall transfer that amount to the General Revenue
445Fund.
446     8.  For the purposes of the exemption provided in this
447paragraph:
448     a.  "Building materials" means tangible personal property
449which becomes a component part of improvements to real property.
450     b.  "Real property" has the same meaning as provided in s.
451192.001(12), except that the term does not include a condominium
452parcel or condominium property as defined in s. 718.103.
453     c.  "Rehabilitation of real property" means the
454reconstruction, renovation, restoration, rehabilitation,
455construction, or expansion of improvements to real property.
456     d.  "Substantially completed" has the same meaning as
457provided in s. 192.042(1).
458     9.  This paragraph expires on the date specified in s.
459290.016 for the expiration of the Florida Enterprise Zone Act.
460     Section 3.  Section 288.0659, Florida Statutes, is created
461to read:
462     288.0659  Local Government Distressed Area Matching Grant
463Program.-
464     (1)  The Local Government Distressed Area Matching Grant
465Program is created within the Office of Tourism, Trade, and
466Economic Development. The purpose of the program is to stimulate
467investment in the state's economy by providing grants to match
468demonstrated business assistance by local governments to attract
469and retain businesses in this state.
470     (2)  As used in this section, the term:
471     (a)  "Local government" means a county or municipality.
472     (b)  "Office" means the Office of Tourism, Trade, and
473Economic Development.
474     (c)  "Qualified business assistance" means economic
475incentives provided by a local government for the purpose of
476attracting or retaining a specific business, including, but not
477limited to, suspensions, waivers, or reductions of impact fees
478or permit fees; direct incentive payments; expenditures for
479onsite or offsite improvements directly benefiting a specific
480business; or construction or renovation of buildings for a
481specific business.
482     (3)  The office may accept and administer moneys
483appropriated to the office for providing grants to match
484expenditures by local governments to attract or retain
485businesses in this state.
486     (4)  A local government may apply for grants to match
487qualified business assistance made by the local government for
488the purpose of attracting or retaining a specific business. A
489local government may apply for no more than one grant per
490targeted business. A local government may only have one
491application pending with the office. Additional applications may
492be filed after a previous application has been approved or
493denied.
494     (5)  To qualify for a grant, the business being targeted by
495a local government must create at least 15 full-time jobs, must
496be new to this state, must be expanding its operations in this
497state, or would otherwise leave the state absent state and local
498assistance, and the local government applying for the grant must
499expedite its permitting processes for the target business by
500accelerating the normal review and approval timelines. In
501addition to these requirements, the office shall review the
502grant requests using the following evaluation criteria, with
503priority given in descending order:
504     (a)  The presence and degree of pervasive poverty,
505unemployment, and general distress as determined pursuant to s.
506290.0058 in the area where the business will locate, with
507priority given to locations with greater degrees of poverty,
508unemployment, and general distress.
509     (b)  The extent of reliance on the local government
510expenditure as an inducement for the business's location
511decision, with priority given to higher levels of local
512government expenditure.
513     (c)  The number of new full-time jobs created, with
514priority given to higher numbers of jobs created.
515     (d)  The average hourly rate of wages for jobs created,
516with priority given to higher average wages.
517     (e)  The amount of capital investment to be made by the
518business, with priority given to higher amounts of capital
519investment.
520     (6)  In evaluating grant requests, the office shall take
521into consideration the need for grant assistance as it relates
522to the local government's general fund balance as well as local
523incentive programs that are already in existence.
524     (7)  Funds made available pursuant to this section may not
525be expended in connection with the relocation of a business from
526one community to another community in this state unless the
527office determines that without such relocation the business will
528move outside this state or determines that the business has a
529compelling economic rationale for the relocation which creates
530additional jobs. Funds made available pursuant to this section
531may not be used by the receiving local government to supplant
532matching commitments required of the local government pursuant
533to other state or federal incentive programs.
534     (8)  Within 30 days after the office receives an
535application for a grant, the office shall approve a preliminary
536grant allocation or disapprove the application. The preliminary
537grant allocation shall be based on estimates of qualified
538business assistance submitted by the local government and shall
539equal 50 percent of the amount of the estimated qualified
540business assistance or $50,000, whichever is less. The
541preliminary grant allocation shall be executed by contract with
542the local government. The contract shall set forth the terms and
543conditions, including the timeframes within which the final
544grant award will be disbursed. The final grant award may not
545exceed the preliminary grant allocation. The office may approve
546preliminary grant allocations only to the extent that funds are
547appropriated for such grants by the Legislature.
548     (a)  Preliminary grant allocations that are revoked or
549voluntarily surrendered shall be immediately available for
550reallocation.
551     (b)  Recipients of preliminary grant allocations shall
552promptly report to the office the date on which the local
553government's permitting and approval process is completed and
554the date on which all qualified business assistance are
555completed.
556     (9)  The office shall make a final grant award to a local
557government within 30 days after receiving information from the
558local government sufficient to demonstrate actual qualified
559business assistance. An awarded grant amount shall equal 50
560percent of the amount of the qualified business assistance or
561$50,000, whichever is less, and may not exceed the preliminary
562grant allocation. The amount by which a preliminary grant
563allocation exceeds a final grant award shall be immediately
564available for reallocation.
565     (10)  The office may retain funds, not to exceed 2 percent
566of the funds made available pursuant to this section, for direct
567administrative costs associated with this section.
568     Section 4.  There is appropriated for the 2010-2011 state
569fiscal year to the Office of Tourism, Trade, and Economic
570Development within the Executive Office of the Governor:
571     (1)  The sum of $5 million in nonrecurring general revenue
572and $5 million in recurring general revenue for Space Florida to
573address financing, business development, and infrastructure
574needs to assist in the continued development of the aerospace
575industry in this state and management of state-of-the-art
576facilities for space businesses that will create high-
577technology, high-wage-earning jobs.
578     (2)  The sum of $3.2 million in nonrecurring general
579revenue exclusively for Space Florida to retrain workers as the
580result of the retirement of the Space Shuttle Program.
581     (3)  The sum of $2 million in nonrecurring general revenue
582to provide local government distressed area matching grants
583pursuant to s. 288.0659, Florida Statutes. Notwithstanding s.
584216.301, Florida Statutes, and pursuant to s. 216.351, Florida
585Statutes, any funds remaining from this appropriation as of June
58630, 2011, shall remain available for carrying out the purpose of
587s. 288.0659, Florida Statutes.
588     Section 5.  This act shall take effect July 1, 2010.


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