Florida Senate - 2011 SB 1436
By Senator Ring
32-01010A-11 20111436__
1 A bill to be entitled
2 An act relating to the tax refund program for
3 qualified target industry businesses; amending s.
4 288.106, F.S.; defining and revising terms; revising
5 eligibility of qualified target industry businesses
6 for tax refunds; authorizing tax refunds for certain
7 businesses that make capital investments in a project;
8 revising application requirements and qualifications
9 for review of applications by the Office of Tourism,
10 Trade, and Economic Development; reenacting ss.
11 159.803(11), 212.098(1)(a), and 220.1896(1)(a), F.S.,
12 relating to definitions with respect to eligible
13 projects for private activity bonds in the Florida
14 First Business allocation pool and eligible businesses
15 for the Rural Job Tax Credit Program and Jobs for the
16 Unemployed Tax Credit Program, to incorporate changes
17 made by the act in references thereto; amending s.
18 220.191, F.S.; conforming a cross-reference;
19 reenacting ss. 288.107(1)(e) and (h), 288.1089(4)(c),
20 and 380.0657(1) and (5), F.S., relating to definitions
21 with respect to eligible businesses and projects for
22 brownfield redevelopment bonus refunds, qualifications
23 for review of applications for the Innovation
24 Incentive Program, and economic development projects
25 eligible for an expedited permitting process, to
26 incorporate changes made by the act in references
27 thereto; providing an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Subsection (2), paragraph (b) of subsection (3),
32 and paragraphs (a) and (b) of subsection (4) of section 288.106,
33 Florida Statutes, are amended to read:
34 288.106 Tax refund program for qualified target industry
35 businesses.—
36 (2) DEFINITIONS.—As used in this section, the term:
37 (a) “Account” means the Economic Development Incentives
38 Account within the Economic Development Trust Fund established
39 under s. 288.095.
40 (b) “Authorized local economic development agency” means a
41 public or private entity, including an entity defined in s.
42 288.075, authorized by a county or municipality to promote the
43 general business or industrial interests of that county or
44 municipality.
45 (c) “Average private sector wage in the area” means the
46 statewide private sector average wage or the average of all
47 private sector wages and salaries in the county or in the
48 standard metropolitan area in which the business is located.
49 (d) “Business” means an employing unit, as defined in s.
50 443.036, that is registered for unemployment compensation
51 purposes with the state agency providing unemployment tax
52 collection services under contract with the Agency for Workforce
53 Innovation through an interagency agreement pursuant to s.
54 443.1316, or a subcategory or division of an employing unit that
55 is accepted by the state agency providing unemployment tax
56 collection services as a reporting unit.
57 (e) “Capital investment” includes real or personal
58 property.
59 (f)(e) “Corporate headquarters business” means an
60 international, national, or regional headquarters office of a
61 multinational or multistate business enterprise or national
62 trade association, whether separate from or connected with other
63 facilities used by such business.
64 (g)(f) “Director” means the Director of the Office of
65 Tourism, Trade, and Economic Development.
66 (h)(g) “Enterprise zone” means an area designated as an
67 enterprise zone pursuant to s. 290.0065.
68 (i)(h) “Expansion of an existing business” means the
69 expansion of an existing Florida business by or through
70 additions to real and personal property, resulting in a net
71 increase in employment of not less than 10 percent at such
72 business or a net increase of capital investment in the business
73 of not less than 10 percent.
74 (j)(i) “Fiscal year” means the fiscal year of the state.
75 (k)(j) “Jobs” means full-time equivalent positions,
76 including, but not limited to, positions obtained from a
77 temporary employment agency or employee leasing company or
78 through a union agreement or coemployment under a professional
79 employer organization agreement, that result directly from a
80 project in this state. The term does not include temporary
81 construction jobs involved with the construction of facilities
82 for the project or any jobs previously included in any
83 application for tax refunds under s. 288.1045 or this section.
84 (l)(k) “Local financial support” means funding from local
85 sources, public or private, that is paid to the Economic
86 Development Trust Fund and that is equal to 20 percent of the
87 annual tax refund for a qualified target industry business. A
88 qualified target industry business may not provide, directly or
89 indirectly, more than 5 percent of such funding in any fiscal
90 year. The sources of such funding may not include, directly or
91 indirectly, state funds appropriated from the General Revenue
92 Fund or any state trust fund, excluding tax revenues shared with
93 local governments pursuant to law.
94 (m)(l) “Local financial support exemption option” means the
95 option to exercise an exemption from the local financial support
96 requirement available to any applicant whose project is located
97 in a brownfield area, a rural city, or a rural community. Any
98 applicant that exercises this option is not eligible for more
99 than 80 percent of the total tax refunds allowed such applicant
100 under this section.
101 (n) “NAICS code” means the corresponding industry code of
102 the North American Industry Classification System published by
103 the United States Office of Management and Budget, Executive
104 Office of the President.
105 (o)(m) “New business” means a business that applies for a
106 tax refund under this section before beginning operations in
107 this state and that is a legal entity separate from any other
108 commercial or industrial operations owned by the same business.
109 (p)(n) “Office” means the Office of Tourism, Trade, and
110 Economic Development.
111 (q)(o) “Project” means the creation of a new business or
112 expansion of an existing business.
113 (r)(p) “Qualified target industry business” means a target
114 industry business approved by the office to be eligible for tax
115 refunds under this section.
116 (s)(q) “Return on investment” means the gain in state
117 revenues as a percentage of the state’s investment. The state’s
118 investment includes state grants, tax exemptions, tax refunds,
119 tax credits, and other state incentives.
120 (t)(r) “Rural city” means a city having a population of
121 10,000 or fewer, or a city having a population of greater than
122 10,000 but fewer than 20,000 that has been determined by the
123 office to have economic characteristics such as, but not limited
124 to, a significant percentage of residents on public assistance,
125 a significant percentage of residents with income below the
126 poverty level, or a significant percentage of the city’s
127 employment base in agriculture-related industries.
128 (u)(s) “Rural community” means:
129 1. A county having a population of 75,000 or fewer.
130 2. A county having a population of 125,000 or fewer that is
131 contiguous to a county having a population of 75,000 or fewer.
132 3. A municipality within a county described in subparagraph
133 1. or subparagraph 2.
134
135 For purposes of this paragraph, population shall be determined
136 in accordance with the most recent official estimate pursuant to
137 s. 186.901.
138 (v)(t) “Target industry business” means a corporate
139 headquarters business or any business that is engaged in one of
140 the target industries identified pursuant to the following
141 criteria developed by the office in consultation with Enterprise
142 Florida, Inc.:
143 1. Future growth.—Industry forecasts should indicate strong
144 expectation for future growth in both employment and output,
145 according to the most recent available data. Special
146 consideration should be given to businesses that export goods
147 to, or provide services in, international markets, and
148 businesses that replace domestic and international imports of
149 goods or services, and businesses within NAICS code 31, 32, or
150 33.
151 2. Stability.—The industry should not be subject to
152 periodic layoffs, whether due to seasonality or sensitivity to
153 volatile economic variables such as weather. The industry should
154 also be relatively resistant to recession, so that the demand
155 for products of this industry is not typically subject to
156 decline during an economic downturn.
157 3. High wage.—The industry should pay relatively high wages
158 compared to statewide or area averages.
159 4. Market and resource independent.—The location of
160 industry businesses should not be dependent on Florida markets
161 or resources as indicated by industry analysis, except for
162 businesses in the renewable energy industry.
163 5. Industrial base diversification and strengthening.—The
164 industry should contribute toward expanding or diversifying the
165 state’s or area’s economic base, as indicated by analysis of
166 employment and output shares compared to national and regional
167 trends. Special consideration should be given to industries that
168 strengthen regional economies by adding value to basic products
169 or building regional industrial clusters as indicated by
170 industry analysis. Special consideration should also be given to
171 the development of strong industrial clusters that include
172 defense and homeland security businesses.
173 6. Economic benefits.—The industry is expected to have
174 strong positive impacts on or benefits to the state or regional
175 economies.
176
177 The term does not include any business engaged in retail
178 industry activities; any electrical utility company; any
179 phosphate or other solid minerals severance, mining, or
180 processing operation; any oil or gas exploration or production
181 operation; or any business subject to regulation by the Division
182 of Hotels and Restaurants of the Department of Business and
183 Professional Regulation. Any business within NAICS code 5611 or
184 5614, office administrative services and business support
185 services, respectively, may be considered a target industry
186 business only after the local governing body and Enterprise
187 Florida, Inc., make a determination that the community where the
188 business may locate has conditions affecting the fiscal and
189 economic viability of the local community or area, including but
190 not limited to, factors such as low per capita income, high
191 unemployment, high underemployment, and a lack of year-round
192 stable employment opportunities, and such conditions may be
193 improved by the location of such a business to the community. By
194 January 1 of every 3rd year, beginning January 1, 2011, the
195 office, in consultation with Enterprise Florida, Inc., economic
196 development organizations, the State University System, local
197 governments, employee and employer organizations, market
198 analysts, and economists, shall review and, as appropriate,
199 revise the list of such target industries and submit the list to
200 the Governor, the President of the Senate, and the Speaker of
201 the House of Representatives.
202 (w)(u) “Taxable year” means taxable year as defined in s.
203 220.03(1)(y).
204 (3) TAX REFUND; ELIGIBLE AMOUNTS.—
205 (b)1. Upon approval by the office, a qualified target
206 industry business shall be allowed tax refund payments equal to
207 $3,000 multiplied by the number of jobs specified in the tax
208 refund agreement under subparagraph (5)(a)1., or equal to $6,000
209 multiplied by the number of jobs if the project is located in a
210 rural community or an enterprise zone.
211 2. A qualified target industry business shall be allowed
212 additional tax refund payments equal to $1,000 multiplied by the
213 number of jobs specified in the tax refund agreement under
214 subparagraph (5)(a)1. if such jobs pay an annual average wage of
215 at least 150 percent of the average private sector wage in the
216 area, or equal to $2,000 multiplied by the number of jobs if
217 such jobs pay an annual average wage of at least 200 percent of
218 the average private sector wage in the area.
219 3. A qualified target industry business shall be allowed
220 tax refund payments in addition to the other payments authorized
221 in this paragraph equal to $1,000 multiplied by the number of
222 jobs specified in the tax refund agreement under subparagraph
223 (5)(a)1. if the local financial support is equal to that of the
224 state’s incentive award under subparagraph 1.
225 4. A qualified target industry business within NAICS code
226 31, 32, or 33 shall be allowed tax refund payments equal to
227 $3,000 for every $30,000 of capital investment made in a
228 project, not to exceed an aggregate total of $500,000 of such
229 payments for the project under this subparagraph.
230 5.4. In addition to the other tax refund payments
231 authorized in this paragraph, a qualified target industry
232 business shall be allowed a tax refund payment equal to $2,000
233 multiplied by the number of jobs specified in the tax refund
234 agreement under subparagraph (5)(a)1. if the business:
235 a. Falls within one of the high-impact sectors designated
236 under s. 288.108; or
237 b. Increases exports of its goods through a seaport or
238 airport in the state by at least 10 percent in value or tonnage
239 in each of the years that the business receives a tax refund
240 under this section. For purposes of this sub-subparagraph,
241 seaports in the state are limited to the ports of Jacksonville,
242 Tampa, Port Everglades, Miami, Port Canaveral, Ft. Pierce, Palm
243 Beach, Port Manatee, Port St. Joe, Panama City, St. Petersburg,
244 Pensacola, Fernandina, and Key West.
245 (4) APPLICATION AND APPROVAL PROCESS.—
246 (a) To apply for certification as a qualified target
247 industry business under this section, the business must file an
248 application with the office before the business decides to
249 locate in this state or before the business decides to expand
250 its existing operations in this state. The application must
251 include, but need not be limited to, the following information:
252 1. The applicant’s federal employer identification number
253 and, if applicable, state sales tax registration number.
254 2. The proposed permanent location of the applicant’s
255 facility in this state at which the project is to be located.
256 3. A description of the type of business activity or
257 product covered by the project, including a minimum of a five
258 digit NAICS code for all activities included in the project. As
259 used in this paragraph, “NAICS” means those classifications
260 contained in the North American Industry Classification System,
261 as published in 2007 by the Office of Management and Budget,
262 Executive Office of the President, and updated periodically.
263 4. The proposed number of net new full-time equivalent
264 Florida jobs at the qualified target industry business as of
265 December 31 of each year included in the project and the average
266 wage of those jobs. If more than one type of business activity
267 or product is included in the project, the number of jobs and
268 average wage for those jobs must be separately stated for each
269 type of business activity or product.
270 5. The total number of full-time equivalent employees
271 employed by the applicant in this state, if applicable.
272 6. The proposed amount of capital investment to be made
273 each year until the project’s completion.
274 7.6. The anticipated commencement date of the project.
275 8.7. A brief statement explaining the role that the
276 estimated tax refunds to be requested will play in the decision
277 of the applicant to locate or expand in this state.
278 9.8. An estimate of the proportion of the sales resulting
279 from the project that will be made outside this state.
280 10.9. An estimate of the proportion of the cost of the
281 machinery and equipment, and any other resources necessary in
282 the development of its product or service, to be used by the
283 business in its Florida operations which will be purchased
284 outside this state.
285 11.10. A resolution adopted by the governing board of the
286 county or municipality in which the project will be located,
287 which resolution recommends that the project be approved as a
288 qualified target industry business and specifies that the
289 commitments of local financial support necessary for the target
290 industry business exist. Before the passage of such resolution,
291 the office may also accept an official letter from an authorized
292 local economic development agency that endorses the proposed
293 target industry project and pledges that sources of local
294 financial support for such project exist. For the purposes of
295 making pledges of local financial support under this
296 subparagraph, the authorized local economic development agency
297 shall be officially designated by the passage of a one-time
298 resolution by the local governing board.
299 12.11. Any additional information requested by the office.
300 (b) To qualify for review by the office, the application of
301 a target industry business must propose a capital investment in
302 the project of at least $500,000 or, at a minimum, establish the
303 following to the satisfaction of the office:
304 1.a. The jobs proposed to be created under the application,
305 pursuant to subparagraph (a)4., must pay an estimated annual
306 average wage equaling at least 115 percent of the average
307 private sector wage in the area where the business is to be
308 located or the statewide private sector average wage. The
309 governing board of the county where the qualified target
310 industry business is to be located shall notify the office and
311 Enterprise Florida, Inc., which calculation of the average
312 private sector wage in the area must be used as the basis for
313 the business’s wage commitment. In determining the average
314 annual wage, the office shall include only new proposed jobs,
315 and wages for existing jobs shall be excluded from this
316 calculation.
317 b. The office may waive the average wage requirement at the
318 request of the local governing body recommending the project and
319 Enterprise Florida, Inc. The office may waive the wage
320 requirement for a project located in a brownfield area
321 designated under s. 376.80, in a rural city, in a rural
322 community, in an enterprise zone, or for a manufacturing project
323 at any location in the state if the jobs proposed to be created
324 pay an estimated annual average wage equaling at least 100
325 percent of the average private sector wage in the area where the
326 business is to be located, only if the merits of the individual
327 project or the specific circumstances in the community in
328 relationship to the project warrant such action. If the local
329 governing body and Enterprise Florida, Inc., make such a
330 recommendation, it must be transmitted in writing, and the
331 specific justification for the waiver recommendation must be
332 explained. If the office elects to waive the wage requirement,
333 the waiver must be stated in writing, and the reasons for
334 granting the waiver must be explained.
335 2. The target industry business’s project must result in
336 the creation of at least 10 jobs at the project and, in the case
337 of an expansion of an existing business, must result in a net
338 increase in employment of at least 10 percent at the business.
339 At the request of the local governing body recommending the
340 project and Enterprise Florida, Inc., the office may waive this
341 requirement for a business in a rural community or enterprise
342 zone if the merits of the individual project or the specific
343 circumstances in the community in relationship to the project
344 warrant such action. If the local governing body and Enterprise
345 Florida, Inc., make such a request, the request must be
346 transmitted in writing, and the specific justification for the
347 request must be explained. If the office elects to grant the
348 request, the grant must be stated in writing, and the reason for
349 granting the request must be explained.
350 3. The business activity or product for the applicant’s
351 project must be within an industry identified by the office as a
352 target industry business that contributes to the economic growth
353 of the state and the area in which the business is located, that
354 produces a higher standard of living for residents of this state
355 in the new global economy, or that can be shown to make an
356 equivalent contribution to the area’s and state’s economic
357 progress.
358 Section 2. For the purpose of incorporating the amendment
359 made by this act to section 288.106, Florida Statutes, in a
360 reference thereto, subsection (11) of section 159.803, Florida
361 Statutes, is reenacted to read:
362 159.803 Definitions.—As used in this part, the term:
363 (11) “Florida First Business project” means any project
364 which is certified by the Office of Tourism, Trade, and Economic
365 Development as eligible to receive an allocation from the
366 Florida First Business allocation pool established pursuant to
367 s. 159.8083. The Office of Tourism, Trade, and Economic
368 Development may certify those projects meeting the criteria set
369 forth in s. 288.106(4)(b) or any project providing a substantial
370 economic benefit to this state.
371 Section 3. For the purpose of incorporating the amendment
372 made by this act to section 288.106, Florida Statutes, in a
373 reference thereto, paragraph (a) of subsection (1) of section
374 212.098, Florida Statutes, is reenacted to read:
375 212.098 Rural Job Tax Credit Program.—
376 (1) As used in this section, the term:
377 (a) “Eligible business” means any sole proprietorship,
378 firm, partnership, or corporation that is located in a qualified
379 county and is predominantly engaged in, or is headquarters for a
380 business predominantly engaged in, activities usually provided
381 for consideration by firms classified within the following
382 standard industrial classifications: SIC 01-SIC 09 (agriculture,
383 forestry, and fishing); SIC 20-SIC 39 (manufacturing); SIC 422
384 (public warehousing and storage); SIC 70 (hotels and other
385 lodging places); SIC 7391 (research and development); SIC 781
386 (motion picture production and allied services); SIC 7992
387 (public golf courses); SIC 7996 (amusement parks); and a
388 targeted industry eligible for the qualified target industry
389 business tax refund under s. 288.106. A call center or similar
390 customer service operation that services a multistate market or
391 an international market is also an eligible business. In
392 addition, the Office of Tourism, Trade, and Economic Development
393 may, as part of its final budget request submitted pursuant to
394 s. 216.023, recommend additions to or deletions from the list of
395 standard industrial classifications used to determine an
396 eligible business, and the Legislature may implement such
397 recommendations. Excluded from eligible receipts are receipts
398 from retail sales, except such receipts for hotels and other
399 lodging places classified in SIC 70, public golf courses in SIC
400 7992, and amusement parks in SIC 7996. For purposes of this
401 paragraph, the term “predominantly” means that more than 50
402 percent of the business’s gross receipts from all sources is
403 generated by those activities usually provided for consideration
404 by firms in the specified standard industrial classification.
405 The determination of whether the business is located in a
406 qualified county and the tier ranking of that county must be
407 based on the date of application for the credit under this
408 section. Commonly owned and controlled entities are to be
409 considered a single business entity.
410 Section 4. For the purpose of incorporating the amendment
411 made by this act to section 288.106, Florida Statutes, in a
412 reference thereto, paragraph (a) of subsection (1) of section
413 220.1896, Florida Statutes, is reenacted to read:
414 220.1896 Jobs for the Unemployed Tax Credit Program.—
415 (1) As used in this section, the term:
416 (a) “Eligible business” means any target industry business
417 as defined in s. 288.106(2) which is subject to the tax imposed
418 by this chapter. The eligible business does not have to be
419 certified to receive the Qualified Target Industry Tax Refund
420 Incentive under s. 288.106 in order to receive the tax credit
421 available under this section.
422 Section 5. Paragraph (h) of subsection (1) of section
423 220.191, Florida Statutes, is amended to read:
424 220.191 Capital investment tax credit.—
425 (1) DEFINITIONS.—For purposes of this section:
426 (h) “Qualifying project” means:
427 1. A new or expanding facility in this state which creates
428 at least 100 new jobs in this state and is in one of the high
429 impact sectors identified by Enterprise Florida, Inc., and
430 certified by the office pursuant to s. 288.108(6), including,
431 but not limited to, aviation, aerospace, automotive, and silicon
432 technology industries;
433 2. A new or expanded facility in this state which is
434 engaged in a target industry designated pursuant to the
435 procedure specified in s. 288.106(2)(v)(t) and which is induced
436 by this credit to create or retain at least 1,000 jobs in this
437 state, provided that at least 100 of those jobs are new, pay an
438 annual average wage of at least 130 percent of the average
439 private sector wage in the area as defined in s. 288.106(2), and
440 make a cumulative capital investment of at least $100 million
441 after July 1, 2005. Jobs may be considered retained only if
442 there is significant evidence that the loss of jobs is imminent.
443 Notwithstanding subsection (2), annual credits against the tax
444 imposed by this chapter shall not exceed 50 percent of the
445 increased annual corporate income tax liability or the premium
446 tax liability generated by or arising out of a project
447 qualifying under this subparagraph. A facility that qualifies
448 under this subparagraph for an annual credit against the tax
449 imposed by this chapter may take the tax credit for a period not
450 to exceed 5 years; or
451 3. A new or expanded headquarters facility in this state
452 which locates in an enterprise zone and brownfield area and is
453 induced by this credit to create at least 1,500 jobs which on
454 average pay at least 200 percent of the statewide average annual
455 private sector wage, as published by the Agency for Workforce
456 Innovation or its successor, and which new or expanded
457 headquarters facility makes a cumulative capital investment in
458 this state of at least $250 million.
459 Section 6. For the purpose of incorporating the amendment
460 made by this act to section 288.106, Florida Statutes, in
461 references thereto, paragraphs (e) and (h) of subsection (1) of
462 section 288.107, Florida Statutes, are reenacted to read:
463 288.107 Brownfield redevelopment bonus refunds.—
464 (1) DEFINITIONS.—As used in this section:
465 (e) “Eligible business” means:
466 1. A qualified target industry business as defined in s.
467 288.106(2); or
468 2. A business that can demonstrate a fixed capital
469 investment of at least $2 million in mixed-use business
470 activities, including multiunit housing, commercial, retail, and
471 industrial in brownfield areas, or at least $500,000 in
472 brownfield areas that do not require site cleanup, and that
473 provides benefits to its employees.
474 (h) “Project” means the creation of a new business or the
475 expansion of an existing business as defined in s. 288.106.
476 Section 7. For the purpose of incorporating the amendment
477 made by this act to section 288.106, Florida Statutes, in a
478 reference thereto, paragraph (c) of subsection (4) of section
479 288.1089, Florida Statutes, is reenacted to read:
480 288.1089 Innovation Incentive Program.—
481 (4) To qualify for review by the office, the applicant
482 must, at a minimum, establish the following to the satisfaction
483 of Enterprise Florida, Inc., and the office:
484 (c) An innovation business project in this state, other
485 than a research and development project, must:
486 1.a. Result in the creation of at least 1,000 direct, new
487 jobs at the business; or
488 b. Result in the creation of at least 500 direct, new jobs
489 if the project is located in a rural area, a brownfield area, or
490 an enterprise zone.
491 2. Have an activity or product that is within an industry
492 that is designated as a target industry business under s.
493 288.106 or a designated sector under s. 288.108.
494 3.a. Have a cumulative investment of at least $500 million
495 within a 5-year period; or
496 b. Have a cumulative investment that exceeds $250 million
497 within a 10-year period if the project is located in a rural
498 area, brownfield area, or an enterprise zone.
499 4. Be provided with a one-to-one match from the local
500 community. The match requirement may be reduced or waived in
501 rural areas of critical economic concern or reduced in rural
502 areas, brownfield areas, and enterprise zones.
503 Section 8. For the purpose of incorporating the amendment
504 made by this act to section 288.106, Florida Statutes, in
505 references thereto, subsections (1) and (5) of section 380.0657,
506 Florida Statutes, are reenacted to read:
507 380.0657 Expedited permitting process for economic
508 development projects.—
509 (1) The Department of Environmental Protection and, as
510 appropriate, the water management districts created under
511 chapter 373 shall adopt programs to expedite the processing of
512 wetland resource and environmental resource permits for economic
513 development projects that have been identified by a municipality
514 or county as meeting the definition of target industry
515 businesses under s. 288.106, with the exception of those
516 projects requiring approval by the Board of Trustees of the
517 Internal Improvement Trust Fund.
518 (5) Notwithstanding the provisions of this section, permit
519 applications for projects to be located in a charter county that
520 has a population of 1.2 million or more and has entered into a
521 delegation agreement with the Department of Environmental
522 Protection or the applicable water management district to
523 process environmental resource permits, wetland resource
524 management permits, or surface water management permits pursuant
525 to chapter 373 are eligible for expedited permitting under this
526 section only upon designation by resolution of the charter
527 county’s governing board. Before the governing board decides
528 that a project is eligible for expedited permitting, it may
529 require the county’s economic development agency, or such other
530 agency that provides advice to the governing board on economic
531 matters, to review and recommend whether the project meets the
532 definition of a target industry business as defined in s.
533 288.106 and to identify the tangible benefits and impacts of the
534 project. The governing board’s decision shall be made without
535 consideration of the project’s geographic location within the
536 charter county. If the governing board designates the project as
537 a target industry business, the permit application for the
538 project shall be approved or denied within the timeframe
539 provided in subsection (4).
540 Section 9. This act shall take effect July 1, 2011.