Florida Senate - 2011 CS for CS for SB 248
By the Committees on Budget Subcommittee on Transportation,
Tourism, and Economic Development Appropriations; and Community
Affairs; and Senators Gaetz and Montford
606-01218A-11 2011248c2
1 A bill to be entitled
2 An act relating to economic recovery from the
3 Deepwater Horizon disaster; amending s. 14.2015, F.S.;
4 defining the term “Disproportionally Affected County”;
5 creating a process for the Office of Tourism, Trade,
6 and Economic Development to waive any or all job or
7 wage eligibility requirements under certain
8 circumstances when in the best interest of the public;
9 amending s. 220.191, F.S.; waiving the requirement
10 that a facility located in a Disproportionally
11 Affected County be in a high-impact sector in order to
12 qualify for the capital investment tax credit;
13 amending s. 288.106, F.S.; creating a process for the
14 Office of Tourism, Trade, and Economic Development to
15 waive wage or local financial support eligibility
16 requirements; providing a special incentive under the
17 tax refund program for a limited time for a qualified
18 target industry business that relocates from another
19 state to a Disproportionally Affected County; creating
20 s. 252.363, F.S.; tolling and extending the expiration
21 dates of certain building permits or other
22 authorizations following the declaration of a state of
23 emergency by the Governor; providing exceptions;
24 providing for the laws, administrative rules, and
25 ordinances in effect when the permit was issued to
26 apply to activities described in a permit or other
27 authorization; providing an exception; amending s.
28 253.02, F.S.; requiring the Board of Trustees of the
29 Internal Improvement Trust Fund to recommend to the
30 Legislature whether existing multistate compacts for
31 mutual aid should be modified or if a new multistate
32 compact is necessary to address the Deepwater Horizon
33 event or similar future incidents; requiring that the
34 Board of Trustees of the Internal Improvement Trust
35 Fund appoint members to the Commission on Oil Spill
36 Response Coordination; providing for the designation
37 of the chair of the commission by the Governor;
38 requiring the commission to prepare a report for
39 review and approval by the board of trustees;
40 specifying the subject matter of the report; providing
41 for future expiration; temporarily exempting the sale
42 of commercial vessels, recreational vessels, and
43 marine equipment sold by registered dealers in certain
44 counties from the sales tax; authorizing the
45 Department of Revenue to adopt emergency rules;
46 providing an appropriation to the Department of
47 Revenue to administer the sales tax exemptions;
48 defining the term “Disproportionally Affected County”;
49 providing an appropriation to the Office of Tourism,
50 Trade, and Economic Development to contract with
51 Florida’s Great Northwest, Inc., in order to develop
52 and implement an economic development program for a
53 Disproportionally Affected County; specifying a
54 preference for a Disproportionally Affected County or
55 municipalities within a Disproportionally Affected
56 County which provide for expedited or combined
57 permitting for certain purposes; providing for the
58 appropriation to be placed in reserve by the Executive
59 Office of the Governor for release as authorized by
60 law or the Legislative Budget Commission; defining the
61 term “Disproportionally Affected County”; providing
62 for the deposit of funds received by entities involved
63 in the Deepwater Horizon oil spill into applicable
64 state trust funds; specifying permissible uses of such
65 funds; designating the Department of Environmental
66 Protection as the lead agency for expending funds for
67 environmental restoration; designating the Office of
68 Tourism, Trade, and Economic Development as the lead
69 agency for funds designated for economic incentives
70 and diversification efforts; authorizing the holder of
71 a lease of sovereignty submerged lands to apply to the
72 Department of Environmental Protection for the payment
73 or the reimbursement of lease fees for the period of
74 the state of emergency for the Deepwater Horizon oil
75 spill; specifying conditions for eligibility;
76 requiring an application to the Department of
77 Environmental Protection; requiring the Chief
78 Financial Officer to use the full extent of the law to
79 recover payments from the responsible party or other
80 independently administered claims process; providing a
81 short title for certain sections of the act; providing
82 an effective date.
83
84 Be It Enacted by the Legislature of the State of Florida:
85
86 Section 1. Subsection (11) is added to section 14.2015,
87 Florida Statutes, to read:
88 14.2015 Office of Tourism, Trade, and Economic Development;
89 creation; powers and duties.—
90 (11)(a) For purposes of this section, the term
91 “Disproportionally Affected County” means Bay County, Escambia
92 County, Franklin County, Gulf County, Okaloosa County, Santa
93 Rosa County, or Walton County.
94 (b) When the Office of Tourism, Trade, and Economic
95 Development determines it is in the best interest of the public
96 for reasons of facilitating economic development, growth, or new
97 employment opportunities within a Disproportionally Affected
98 County, the Office of Tourism, Trade, and Economic Development
99 may between July 1, 2011, and June 30, 2014, waive any or all
100 job or wage eligibility requirements under s. 288.063, s.
101 288.065, s. 288.0655, s. 288.0657, s. 288.0659, s. 288.107, s.
102 288.108, s. 288.1081, s. 288.1088, or s. 288.1089 up to the
103 cumulative amount of $5 million of all state incentives received
104 per project. Prior to granting such waiver, the director of the
105 Office of Tourism, Trade, and Economic Development shall file
106 with the Governor a written statement of the conditions and
107 circumstances constituting the reason for the waiver.
108 (c) When the Office of Tourism, Trade, and Economic
109 Development determines it is in the best interest of the public
110 for reasons of facilitating economic development, growth, or new
111 employment opportunities within a Disproportionally Affected
112 County, the Office of Tourism, Trade, and Economic Development
113 may between July 1, 2011, and June 30, 2014, waive any or all
114 job or wage eligibility requirements under s. 288.063, s.
115 288.065, s. 288.0655, s. 288.0657, s. 288.0659, s. 288.107, s.
116 288.108, s. 288.1081, s. 288.1088, or s. 288.1089 for cumulative
117 amounts in excess of $5 million but less than $10 million of all
118 state incentives received per project. Prior to granting such
119 waiver, the Office of Tourism, Trade, and Economic Development
120 shall file with the Governor, the President of the Senate, and
121 the Speaker of the House of Representatives a written statement
122 of the conditions and circumstances constituting the reason for
123 the waiver, and requesting written concurrence within 5 business
124 days to the Governor from the President of the Senate and the
125 Speaker of the House of Representatives. Without such
126 concurrence, the waiver shall not occur.
127 (d) The Office of Tourism, Trade, and Economic Development
128 is not authorized under this paragraph to waive job and wage
129 eligibility requirements under s. 288.063, s. 288.065, s.
130 288.0655, s. 288.0657, s. 288.0659, s. 288.107, s. 288.108, s.
131 288.1081, s. 288.1088, or s. 288.1089 for cumulative amounts $10
132 million or more in state incentives received per project.
133 Section 2. Paragraph (h) of subsection (1) of section
134 220.191, Florida Statutes, is amended to read:
135 220.191 Capital investment tax credit.—
136 (1) DEFINITIONS.—For purposes of this section:
137 (h) “Qualifying project” means a facility in this state
138 meeting one or more of the following criteria:
139 1. A new or expanding facility in this state which creates
140 at least 100 new jobs in this state and is in one of the high
141 impact sectors identified by Enterprise Florida, Inc., and
142 certified by the office pursuant to s. 288.108(6), including,
143 but not limited to, aviation, aerospace, automotive, and silicon
144 technology industries. However, between July 1, 2011, and June
145 30, 2014, the requirement that a facility be in a high-impact
146 sector is waived for any otherwise eligible business from
147 another state which locates all or a portion of its business to
148 a Disproportionally Affected County as defined in s. 14.2015.;
149 2. A new or expanded facility in this state which is
150 engaged in a target industry designated pursuant to the
151 procedure specified in s. 288.106(2)(t) and which is induced by
152 this credit to create or retain at least 1,000 jobs in this
153 state, provided that at least 100 of those jobs are new, pay an
154 annual average wage of at least 130 percent of the average
155 private sector wage in the area as defined in s. 288.106(2), and
156 make a cumulative capital investment of at least $100 million
157 after July 1, 2005. Jobs may be considered retained only if
158 there is significant evidence that the loss of jobs is imminent.
159 Notwithstanding subsection (2), annual credits against the tax
160 imposed by this chapter may shall not exceed 50 percent of the
161 increased annual corporate income tax liability or the premium
162 tax liability generated by or arising out of a project
163 qualifying under this subparagraph. A facility that qualifies
164 under this subparagraph for an annual credit against the tax
165 imposed by this chapter may take the tax credit for a period not
166 to exceed 5 years.; or
167 3. A new or expanded headquarters facility in this state
168 which locates in an enterprise zone and brownfield area and is
169 induced by this credit to create at least 1,500 jobs that which
170 on average pay at least 200 percent of the statewide average
171 annual private sector wage, as published by the Agency for
172 Workforce Innovation or its successor, and which new or expanded
173 headquarters facility makes a cumulative capital investment in
174 this state of at least $250 million.
175 Section 3. Present subsection (8) of section 288.106,
176 Florida Statutes, is renumbered as subsection (9), and a new
177 subsection (8) is added to that section, to read:
178 288.106 Tax refund program for qualified target industry
179 businesses.—
180 (8) SPECIAL INCENTIVES.—When the Office of Tourism, Trade,
181 and Economic Development determines it is in the best interest
182 of the public for reasons of facilitating economic development,
183 growth, or new employment opportunities within a
184 Disproportionally Affected County, the Office of Tourism, Trade,
185 and Economic Development may between July 1, 2011, and June 30,
186 2014, waive any or all wage or local financial support
187 eligibility requirements and allow a qualified target industry
188 business from another state which locates all or a portion of
189 its business to a Disproportionally Affected County as defined
190 in s. 14.2015 to receive a tax refund payment of up to $6,000
191 multiplied by the number of jobs specified in the tax refund
192 agreement under subparagraph (5)(a)1. over the term of the
193 agreement. Prior to granting such waiver, the director of the
194 Office of Tourism, Trade, and Economic Development shall file
195 with the Governor a written statement of the conditions and
196 circumstances constituting the reason for the waiver. Such
197 business shall be eligible for the additional tax refund
198 payments specified in subparagraph (3)(b)4. if it meets the
199 criteria.
200 Section 4. Section 252.363, Florida Statutes, is created to
201 read:
202 252.363 Tolling and extension of permits and other
203 authorizations.—
204 (1)(a) The declaration of a state of emergency by the
205 Governor tolls the period remaining to exercise the rights under
206 a permit or other authorization for the duration of the
207 emergency declaration. Further, the emergency declaration
208 extends the period remaining to exercise the rights under a
209 permit or other authorization for 6 months in addition to the
210 tolled period. This paragraph applies to the following:
211 1. The expiration of a development order issued by a local
212 government.
213 2. The expiration of a building permit.
214 3. The expiration of a permit issued by the Department of
215 Environmental Protection or a water management district pursuant
216 to part IV of chapter 373.
217 4. The buildout date of a development of regional impact,
218 including any extension of a buildout date that was previously
219 granted pursuant to s. 380.06(19)(c).
220 (b) Within 90 days after the termination of the emergency
221 declaration, the holder of the permit or other authorization
222 shall notify the issuing authority of the intent to exercise the
223 tolling and extension granted under paragraph (a). The notice
224 must be in writing and identify the specific permit or other
225 authorization qualifying for extension.
226 (c) If the permit or other authorization for a phased
227 construction project is extended, the commencement and
228 completion dates for any required mitigation are extended such
229 that the mitigation activities occur in the same timeframe
230 relative to the phase as originally permitted.
231 (d) This subsection does not apply to:
232 1. A permit or other authorization for a building,
233 improvement, or development located outside the geographic area
234 for which the declaration of a state of emergency applies.
235 2. A permit or other authorization under any programmatic
236 or regional general permit issued by the Army Corps of
237 Engineers.
238 3. The holder of a permit or other authorization who is
239 determined by the authorizing agency to be in significant
240 noncompliance with the conditions of the permit or other
241 authorization through the issuance of a warning letter or notice
242 of violation, the initiation of formal enforcement, or an
243 equivalent action.
244 4. A permit or other authorization that is subject to a
245 court order specifying an expiration date or buildout date that
246 would be in conflict with the extensions granted in this
247 section.
248 (2) A permit or other authorization that is extended shall
249 be governed by the laws, administrative rules, and ordinances in
250 effect when the permit was issued, unless any party or the
251 issuing authority demonstrates that operating under those laws,
252 administrative rules, or ordinances will create an immediate
253 threat to the public health or safety.
254 (3) This section does not restrict a county or municipality
255 from requiring property to be maintained and secured in a safe
256 and sanitary condition in compliance with applicable laws,
257 administrative rules, or ordinances.
258 Section 5. Subsection (6) is added to section 253.02,
259 Florida Statutes, to read:
260 253.02 Board of trustees; powers and duties.—
261 (6) The board of trustees shall report to the Legislature
262 its recommendations as to whether any existing multistate
263 compact for mutual aid should be modified or whether the state
264 should enter into a new multistate compact to address the
265 impacts of the Deepwater Horizon event or potentially similar
266 future incidents. The report shall be submitted to the
267 Legislature by February 1, 2012, and updated annually thereafter
268 for 5 years.
269 Section 6. Commission on Oil Spill Response Coordination.—
270 (1) The Board of Trustees of the Internal Improvement Trust
271 Fund shall appoint a commission consisting of a representative
272 of the office of each board member, a representative of each
273 state agency that directly and materially responded to the
274 Deepwater Horizon disaster, and the chair of the board of county
275 commissioners of each of the following counties: Bay County,
276 Escambia County, Franklin County, Gulf County, Okaloosa County,
277 Santa Rosa County, and Walton County. The Governor shall select
278 the chair of the commission from among the appointees.
279 (2) The commission shall prepare a report for review and
280 approval by the board of trustees which:
281 (a) Identifies potential changes to state and federal law
282 and regulations which will improve the oversight and monitoring
283 of offshore drilling activities and increase response
284 capabilities to offshore oil spills.
285 (b) Identifies potential changes to state and federal law
286 and regulations which will improve protections for public health
287 and safety, occupational health and safety, and the environment
288 and natural resources.
289 (c) Evaluates the merits of the establishment of a federal
290 Gulf-wide disaster relief fund.
291 (d) Evaluates the need for a unified and uniform advocacy
292 process for damage claims.
293 (e) Evaluates the need for changes to interstate
294 coordination agreements in order to reduce the potential for
295 damage claims and lawsuits.
296 (f) Addresses any other related issues as determined by the
297 commission.
298 (3) The board of trustees shall deliver the report to the
299 Governor, the President of the Senate, the Speaker of the House
300 of Representatives, the Secretary of Environmental Protection,
301 and the director of the Office of Tourism, Trade, and Economic
302 Development by September 1, 2012.
303 (4) This section expires September 30, 2012.
304 Section 7. (1) The tax levied under chapter 212, Florida
305 Statutes, may not be collected on the sale of a recreational
306 vessel, commercial vessel, or marine equipment from a registered
307 dealer in Bay County, Escambia County, Franklin County, Gulf
308 County, Okaloosa County, Santa Rosa County, or Walton County
309 from 12:01 a.m., July 1, 2011, through midnight, September 30,
310 2011.
311 (2) As used in this section, the term:
312 (a) “Commercial vessel” has the same meaning as defined in
313 s. 327.02, Florida Statutes.
314 (b) “Recreational vessel” has the same meaning as defined
315 in s. 327.02, Florida Statutes.
316 (c) “Marine equipment” means the following items designed
317 to be used on boats: radios, global positioning systems, radar
318 and sonar devices, antennae, personal flotation devices, bilge
319 pumps, marine safety equipment, and anchors and anchoring
320 accessories. The term “marine equipment” also includes boat
321 engines and machine parts designed for boat engines and
322 commercial fishing nets.
323 (3) The Department of Revenue may adopt emergency rules
324 pursuant to ss. 120.536(1) and 120.54, Florida Statutes, to
325 administer this section.
326 Section 8. (1) For purposes of this section, the term
327 “Disproportionally Affected County” means Bay County, Escambia
328 County, Franklin County, Gulf County, Okaloosa County, Santa
329 Rosa County, or Walton County.
330 (2) There is appropriated for the 2011-2012 fiscal year the
331 sum of $10 million in recurring funds from the General Revenue
332 Fund to the Office of Tourism, Trade, and Economic Development.
333 The Office of Tourism, Trade, and Economic Development shall use
334 these funds to execute a $10 million contract with Florida’s
335 Great Northwest, Inc., for the purpose of developing and
336 implementing an innovative economic development program for
337 promoting research and development, commercialization of
338 research, economic diversification, and job creation in a
339 Disproportionally Affected County.
340 (3) The contract between the Office of Tourism, Trade, and
341 Economic Development and Florida’s Great Northwest, Inc., shall,
342 at a minimum, require Florida’s Great Northwest Inc., to report
343 quarterly to the Office of Tourism, Trade, and Economic
344 Development and to collaborate with educational entities,
345 economic development organizations, local governments, and
346 relevant state agencies to create a program framework and
347 strategy, including specific criteria governing the expenditure
348 of funds. The criteria for the expenditure of funds shall, at a
349 minimum, require a funding preference for any Disproportionally
350 Affected County and any municipality within a Disproportionally
351 Affected County which provides for expedited permitting in order
352 to promote research and development, commercialization of
353 research, economic diversification, and job creation within
354 their respective jurisdictions. The criteria for the expenditure
355 of funds shall, at a minimum, also require a funding preference
356 for any Disproportionally Affected County and any municipality
357 within a Disproportionally Affected County which combines its
358 permitting processes and expedites permitting in order to
359 promote research and development, commercialization of research,
360 economic diversification, and job creation within their
361 respective jurisdictions.
362 (4) None of the funds appropriated in this section may be
363 used for administrative costs of Florida’s Great Northwest, Inc.
364 (5) The funds appropriated in this section shall be placed
365 in reserve by the Executive Office of the Governor, and may be
366 released as authorized by law or the Legislative Budget
367 Commission.
368 Section 9. (1) For purposes of this section, the term
369 “Disproportionally Affected County” means Bay County, Escambia
370 County, Franklin County, Gulf County, Okaloosa County, Santa
371 Rosa County, or Walton County.
372 (2) Any funds received by the state from any governmental
373 or private entity for damages caused by the Deepwater Horizon
374 oil spill shall be deposited into the applicable state trust
375 funds and expended pursuant to state law or as approved by the
376 Legislative Budget Commission.
377 (3) Seventy-five percent of such moneys may be used for:
378 (a) Scientific research into the impact of the oil spill on
379 fisheries and coastal wildlife and vegetation along any
380 Disproportionally Affected County’s shoreline and the
381 development of strategies to implement restoration measures
382 suggested by such research;
383 (b) Environmental restoration of coastal areas damaged by
384 the oil spill in any Disproportionally Affected County;
385 (c) Economic incentives directed to any Disproportionally
386 Affected County; and
387 (d) Initiatives to expand and diversify the economies of
388 any Disproportionally Affected County.
389 (4) The remaining 25 percent of such moneys may be used
390 for:
391 (a) Scientific research into the impact of the oil spill on
392 fisheries and coastal wildlife and vegetation along any of the
393 state’s shoreline that is not a Disproportionally Affected
394 County’s shoreline, and the development of strategies to
395 implement restoration measures suggested by such research;
396 (b) Environmental restoration of coastal areas damaged by
397 the oil spill in any county other than a Disproportionally
398 Affected County;
399 (c) Economic incentives directed to any county other than a
400 Disproportionally Affected County; and
401 (d) Initiatives to expand and diversify the economies of
402 any county other than a Disproportionally Affected County.
403 (5)(a) The Department of Environmental Protection is the
404 lead agency for expending the funds designated for environmental
405 restoration efforts.
406 (b) The Office of Tourism, Trade, and Economic Development
407 is the lead agency for expending the funds designated for
408 economic incentives and diversification efforts.
409 Section 10. (1) The holder of a lease of sovereignty
410 submerged lands may apply to the Department of Environmental
411 Protection for reimbursement of lease fees paid for the lease of
412 sovereignty submerged lands or for the payment of those lease
413 fees by the responsible party or any other independently
414 administered claims process if the leaseholder:
415 (a) Is in substantial compliance with the lease conditions,
416 excluding lease payments due during a state of emergency
417 declared by the Governor related to the Deepwater Horizon oil
418 spill; and
419 (b) Has received payment for an economic loss due to the
420 Deepwater Horizon oil spill from the responsible party or other
421 independently administered claims process which did not include
422 reimbursement for lease fees paid or funds to pay the lease
423 fees.
424 (2) An application for reimbursement to the Department of
425 Environmental Protection must include documentation of:
426 (a) An economic loss due to the Deepwater Horizon oil spill
427 which has impaired the leaseholder’s ability to pay lease fees.
428 Such documentation may include a copy of a claim filed with the
429 responsible party or any other independently administered claims
430 process;
431 (b) The filing of a claim for loss or injury with the
432 responsible party, as defined in s. 376.031, Florida Statutes,
433 or any other independently administered claims process;
434 (c) The receipt of compensation, if any, from the
435 responsible party or any other independently administered claims
436 process which did not reimburse the leaseholder for lease fees
437 paid to the credit of the Internal Improvement Trust Fund or did
438 not include funds to pay the lease fees; and
439 (d) The amount of the claim. The amount of the claim is
440 limited to the pro rata amount of lease fees for the period of a
441 state of emergency declared by the Governor related to the
442 Deepwater Horizon oil spill for the county in which the lease
443 was located.
444 (3) Applications shall be submitted to the Department of
445 Environmental Protection on forms provided by the department.
446 Payments received from the responsible party or any other
447 independently administered claims process shall be applied to
448 the approved applications received by the Department of
449 Environmental Protection during the corresponding fiscal year.
450 Applications shall be processed by the Department of
451 Environmental Protection until such time as all claims have been
452 processed by the responsible party or any other independently
453 administered claims process.
454 (4) The Department of Environmental Protection shall post
455 on its website a copy of the application and instructions for
456 completing the application.
457 (5) The Department of Environmental Protection shall submit
458 the approved amount of claims for each fiscal year to the Chief
459 Financial Officer in order to request payment of the approved
460 amount from the responsible party or any other independently
461 administered claims process. The Chief Financial Officer shall
462 use the full extent of the law to recover payments sufficient to
463 cover the amount needed to credit or reimburse lease fees for
464 applications approved each fiscal year.
465 (6) Upon receipt of payment from the responsible party or
466 any other independently administered claims process, the Chief
467 Financial Officer shall deposit the payment into the Internal
468 Improvement Trust Fund. Upon the deposit of the funds, the
469 Department of Environmental Protection shall:
470 (a) Reimburse the applicant for any lease fees paid for the
471 applicable time period in an amount not to exceed the payment
472 from the responsible party or any other independently
473 administered claims process for that applicant; or
474 (b) Credit to the applicant’s lease fees due for the
475 applicable time period an amount not to exceed the payment from
476 the responsible party or any other independently administered
477 claims process for that applicant.
478 (7) If the amount deposited into the Internal Improvement
479 Trust Fund in any fiscal year is insufficient to fully reimburse
480 or credit all approved applications, the department shall issue
481 reimbursements or credits on a pro rata basis.
482 (8) For purposes of this section, the term “lease fees”
483 includes any associated sales or use tax under chapter 212,
484 Florida Statutes.
485 (9) The Department of Environmental Protection shall report
486 to the Legislature on the implementation of this section by
487 February 15 each year until 2014.
488 Section 11. Sections 1, 2, 3, 7, 8 and 9 of this act may be
489 cited as the “Oil Spill Recovery Act.”
490 Section 12. This act shall take effect upon becoming a law.