HB 7207

1	A bill to be entitled
2	An act relating to trust funds; terminating specified
3	trust funds within the Office of Tourism, Trade, and
4	Economic Development of the Executive Office of the
5	Governor; terminating specified trust funds within the
6	State Treasury; providing for the disposition of balances
7	in and revenues of such trust funds; prescribing
8	procedures for the termination of such trust funds;
9	amending s. 17.61, F.S., relating to specified trust funds
10	within the Executive Office of the Governor which must
11	retain moneys therein for investment, with interest
12	appropriated to the General Revenue Fund; eliminating the
13	Economic Development Transportation Trust Fund and the
14	Economic Development Trust Fund from such trust funds;
15	amending s. 201.15, F.S.; revising the distribution of
16	excise taxes on documents; providing for specified
17	distributions of funds to the State Economic Enhancement
18	and Development Trust Fund in the Office of Tourism,
19	Trade, and Economic Development of the Executive Office of
20	the Governor; eliminating distributions to the State
21	Transportation Trust Fund and the State Housing Trust
22	Fund, and specified uses of such distributions; providing
23	for applicability of a specified sufficiency requirement
24	with respect to distributions to the State Economic
25	Enhancement and Development Trust Fund; amending s.
26	212.0606, F.S.; revising distribution of the proceeds from
27	the rental car surcharge; providing for elimination of the
28	distribution of the proceeds of the surcharge to the
29	Tourism Promotional Trust Fund and the Florida
30	International Trade and Promotion Trust Fund, and for
31	distribution of the proceeds of the surcharge to the State
32	Economic Enhancement and Development Trust Fund; amending
33	ss. 288.095 and 288.120, F.S.; eliminating provisions
34	governing the Economic Development Trust Fund within the
35	Office of Tourism, Trade, and Economic Development of the
36	Executive Office of the Governor, relating to the Economic
37	Development Incentives Account within the trust fund,
38	approval of applications for certification by the Office
39	of Tourism, Trade, and Economic Development, limitations
40	on the total amount of tax refund claims approved for
41	payment by the office, procedure for payment of claims for
42	tax refunds under the qualified defense contractor and
43	space flight business tax refund program and the tax
44	refund program for qualified target industry businesses,
45	notification to the Legislature by the office of
46	anticipated shortfalls in the amount of funds needed to
47	satisfy claims for tax refunds from the appropriation for
48	the current fiscal year, a required annual report compiled
49	by Enterprise Florida, Inc., restrictions on uses of
50	moneys in the Economic Development Incentives Account of
51	the trust fund, and the adoption of specified rules by the
52	office, and transferring those provisions to the State
53	Economic Enhancement and Development Trust Fund; amending
54	ss. 288.1045, 288.106, 288.107, 288.1089, 288.7771,
55	288.95155, and 373.461, F.S.; replacing references to the
56	Economic Development Trust Fund in the Executive Office of
57	the Governor with references to State Economic Enhancement
58	and Development Trust Fund, and correcting cross-
59	references, to conform; repealing s. 288.1221, F.S.; which
60	provides legislative intent with respect to the
61	establishment of a public-private partnership to provide
62	policy direction to and technical expertise in the
63	promotion and marketing of state tourism; providing for
64	conforming legislation; providing for assistance to
65	certain legislative substantive committees by the Division
66	of Statutory Revision of the Office of Legislative
67	Services for certain purposes; providing a conditional
68	effective date.
69
70	Be It Enacted by the Legislature of the State of Florida:
71
72	Section 1.  (1)(a)  The following trust funds within the
73	Office of Tourism, Trade, and Economic Development of the
74	Executive Office of the Governor are terminated:
75	1.  The Economic Development Transportation Trust Fund,
76	FLAIR number 31-2-175.
77	2.  The Economic Development Trust Fund, FLAIR number 31-2-
78	177.
79	3.  The Florida International Trade and Promotion Trust
80	Fund, FLAIR number 31-2-388.
81	4.  The Tourism Promotion Trust Fund, FLAIR number 31-2-
82	722.
83	(b)  All current balances remaining in the trust funds on
84	the date of termination pursuant to this section shall be
85	transferred to the State Economic Enhancement and Development
86	Trust Fund within the Office of Tourism, Trade, and Economic
87	Development of the Executive Office of the Governor.
88	(c)  The Executive Office of the Governor shall pay any
89	outstanding debts and obligations of the terminated funds as
90	soon as practicable, and the Chief Financial Officer shall close
91	out and remove the terminated funds from various state
92	accounting systems using generally accepted accounting
93	principles concerning warrants outstanding, assets, and
94	liabilities.
95	(2)(a)  Effective July 1, 2012, the following trust funds
96	within the State Treasury are terminated:
97	1.  The Local Government Housing Trust Fund, FLAIR number
98	52-2-250.
99	2.  The State Housing Trust Fund, FLAIR number 52-2-255.
100	(b)  All current balances remaining in the trust funds on
101	the date of termination pursuant to this section shall be
102	transferred to the State Economic Enhancement and Development
103	Trust Fund within the Office of Tourism, Trade, and Economic
104	Development of the Executive Office of the Governor.
105	(c)  The Department of Community Affairs shall pay any
106	outstanding debts and obligations of the terminated funds as
107	soon as practicable, and the Chief Financial Officer shall close
108	out and remove the terminated funds from various state
109	accounting systems using generally accepted accounting
110	principles concerning warrants outstanding, assets, and
111	liabilities.
112	Section 2.  Paragraph (c) of subsection (3) of section
113	17.61, Florida Statutes, is amended to read:
114	17.61  Chief Financial Officer; powers and duties in the
115	investment of certain funds.-
116	(3)
117	(c)  Except as provided in this paragraph and except for
118	moneys described in paragraph (d), the following agencies may
119	not invest trust fund moneys as provided in this section, but
120	shall retain such moneys in their respective trust funds for
121	investment, with interest appropriated to the General Revenue
122	Fund, pursuant to s. 17.57:
123	1.  The Agency for Health Care Administration, except for
124	the Tobacco Settlement Trust Fund.
125	2.  The Agency for Persons with Disabilities, except for:
126	a.  The Federal Grants Trust Fund.
127	b.  The Tobacco Settlement Trust Fund.
128	3.  The Department of Children and Family Services, except
129	for:
130	a.  The Alcohol, Drug Abuse, and Mental Health Trust Fund.
131	b.  The Social Services Block Grant Trust Fund.
132	c.  The Tobacco Settlement Trust Fund.
133	d.  The Working Capital Trust Fund.
134	4.  The Department of Community Affairs, only for the
135	Operating Trust Fund.
136	5.  The Department of Corrections.
137	6.  The Department of Elderly Affairs, except for:
138	a.  The Federal Grants Trust Fund.
139	b.  The Tobacco Settlement Trust Fund.
140	7.  The Department of Health, except for:
141	a.  The Federal Grants Trust Fund.
142	b.  The Grants and Donations Trust Fund.
143	c.  The Maternal and Child Health Block Grant Trust Fund.
144	d.  The Tobacco Settlement Trust Fund.
145	8.  The Department of Highway Safety and Motor Vehicles,
146	only for the Security Deposits Trust Fund.
147	9.  The Department of Juvenile Justice.
148	10.  The Department of Law Enforcement.
149	11.  The Department of Legal Affairs.
150	12.  The Department of State, only for:
151	a.  The Grants and Donations Trust Fund.
152	b.  The Records Management Trust Fund.
153	13.  The Executive Office of the Governor, only for:
154	a.  The Economic Development Transportation Trust Fund.
155	b.  The Economic Development Trust Fund.
156	13.14.  The Florida Public Service Commission, only for the
157	Florida Public Service Regulatory Trust Fund.
158	14.15.  The Justice Administrative Commission.
159	15.16.  The state courts system.
160	Section 3.  Effective July 1, 2012, subsections (1), (9),
161	(10), (13), (14), and (15) of section 201.15, Florida Statutes,
162	are amended to read:
163	201.15  Distribution of taxes collected.-All taxes
164	collected under this chapter are subject to the service charge
165	imposed in s. 215.20(1). Prior to distribution under this
166	section, the Department of Revenue shall deduct amounts
167	necessary to pay the costs of the collection and enforcement of
168	the tax levied by this chapter. Such costs and the service
169	charge may not be levied against any portion of taxes pledged to
170	debt service on bonds to the extent that the costs and service
171	charge are required to pay any amounts relating to the bonds.
172	After distributions are made pursuant to subsection (1), all of
173	the costs of the collection and enforcement of the tax levied by
174	this chapter and the service charge shall be available and
175	transferred to the extent necessary to pay debt service and any
176	other amounts payable with respect to bonds authorized before
177	January 1, 2010, secured by revenues distributed pursuant to
178	subsection (1). All taxes remaining after deduction of costs and
179	the service charge shall be distributed as follows:
180	(1)  Sixty-three and thirty-one hundredths percent of the
181	remaining taxes shall be used for the following purposes:
182	(a)  Amounts necessary to pay the debt service on, or fund
183	debt service reserve funds, rebate obligations, or other amounts
184	payable with respect to Preservation 2000 bonds issued pursuant
185	to s. 375.051 and Florida Forever bonds issued pursuant to s.
186	215.618, shall be paid into the State Treasury to the credit of
187	the Land Acquisition Trust Fund to be used for such purposes.
188	The amount transferred to the Land Acquisition Trust Fund may
189	not exceed $300 million in fiscal year 1999-2000 and thereafter
190	for Preservation 2000 bonds and bonds issued to refund
191	Preservation 2000 bonds, and $300 million in fiscal year 2000-
192	2001 and thereafter for Florida Forever bonds. The annual amount
193	transferred to the Land Acquisition Trust Fund for Florida
194	Forever bonds may not exceed $30 million in the first fiscal
195	year in which bonds are issued. The limitation on the amount
196	transferred shall be increased by an additional $30 million in
197	each subsequent fiscal year, but may not exceed a total of $300
198	million in any fiscal year for all bonds issued. It is the
199	intent of the Legislature that all bonds issued to fund the
200	Florida Forever Act be retired by December 31, 2040. Except for
201	bonds issued to refund previously issued bonds, no series of
202	bonds may be issued pursuant to this paragraph unless such bonds
203	are approved and the debt service for the remainder of the
204	fiscal year in which the bonds are issued is specifically
205	appropriated in the General Appropriations Act. For purposes of
206	refunding Preservation 2000 bonds, amounts designated within
207	this section for Preservation 2000 and Florida Forever bonds may
208	be transferred between the two programs to the extent provided
209	for in the documents authorizing the issuance of the bonds. The
210	Preservation 2000 bonds and Florida Forever bonds are equally
211	and ratably secured by moneys distributable to the Land
212	Acquisition Trust Fund pursuant to this section, except as
213	specifically provided otherwise by the documents authorizing the
214	issuance of the bonds. Moneys transferred to the Land
215	Acquisition Trust Fund pursuant to this paragraph, or earnings
216	thereon, may not be used or made available to pay debt service
217	on the Save Our Coast revenue bonds.
218	(b)  Moneys shall be paid into the State Treasury to the
219	credit of the Save Our Everglades Trust Fund in amounts
220	necessary to pay debt service, provide reserves, and pay rebate
221	obligations and other amounts due with respect to bonds issued
222	under s. 215.619. Taxes distributed under paragraph (a) and this
223	paragraph must be collectively distributed on a pro rata basis
224	when the available moneys under this subsection are not
225	sufficient to cover the amounts required under paragraph (a) and
226	this paragraph.
227	(c)  After the required payments under paragraphs (a) and
228	(b), the remainder shall be paid into the State Treasury to the
229	credit of:
230	1.  The State Economic Enhancement and Development Trust
231	Fund in the Office of Tourism, Trade, and Economic Development
232	of the Executive Office of the Governor State Transportation
233	Trust Fund in the Department of Transportation in the amount of
234	the lesser of 38.2 percent of the remainder or $541.75 million
235	in each fiscal year., to be used for the following specified
236	purposes, notwithstanding any other law to the contrary:
237	a.  For the purposes of capital funding for the New Starts
238	Transit Program, authorized by Title 49, U.S.C. s. 5309 and
239	specified in s. 341.051, 10 percent of these funds;
240	b.  For the purposes of the Small County Outreach Program
241	specified in s. 339.2818, 5 percent of these funds. Effective
242	July 1, 2014, the percentage allocated under this sub-
243	subparagraph shall be increased to 10 percent;
244	c.  For the purposes of the Strategic Intermodal System
245	specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
246	of these funds after allocating for the New Starts Transit
247	Program described in sub-subparagraph a. and the Small County
248	Outreach Program described in sub-subparagraph b.; and
249	d.  For the purposes of the Transportation Regional
250	Incentive Program specified in s. 339.2819, 25 percent of these
251	funds after allocating for the New Starts Transit Program
252	described in sub-subparagraph a. and the Small County Outreach
253	Program described in sub-subparagraph b. Effective July 1, 2014,
254	the first $60 million of the funds allocated pursuant to this
255	sub-subparagraph shall be allocated annually to the Florida Rail
256	Enterprise for the purposes established in s. 341.303(5).
257	2.  The Grants and Donations Trust Fund in the Department
258	of Community Affairs in the amount of the lesser of .23 percent
259	of the remainder or $3.25 million in each fiscal year to fund
260	technical assistance to local governments and school boards on
261	the requirements and implementation of this act.
262	3.  The Ecosystem Management and Restoration Trust Fund in
263	the amount of the lesser of 2.12 percent of the remainder or $30
264	million in each fiscal year, to be used for the preservation and
265	repair of the state's beaches as provided in ss. 161.091-
266	161.212.
267	4.  General Inspection Trust Fund in the amount of the
268	lesser of .02 percent of the remainder or $300,000 in each
269	fiscal year to be used to fund oyster management and restoration
270	programs as provided in s. 379.362(3).
271
272	Moneys distributed pursuant to this paragraph may not be pledged
273	for debt service unless such pledge is approved by referendum of
274	the voters.
275	(d)  After the required payments under paragraphs (a), (b),
276	and (c), the remainder shall be paid into the State Treasury to
277	the credit of the General Revenue Fund to be used and expended
278	for the purposes for which the General Revenue Fund was created
279	and exists by law.
280	(9)  Sixteen and nineteen hundredths The lesser of 7.53
281	percent of the remaining taxes or $107 million in each fiscal
282	year shall be paid into the State Treasury to the credit of the
283	State Economic Enhancement and Development Trust Fund in the
284	Office of Tourism, Trade, and Economic Development of the
285	Executive Office of the Governor. State Housing Trust Fund and
286	used as follows:
287	(a)  Half of that amount shall be used for the purposes for
288	which the State Housing Trust Fund was created and exists by
289	law.
290	(b)  Half of that amount shall be paid into the State
291	Treasury to the credit of the Local Government Housing Trust
292	Fund and used for the purposes for which the Local Government
293	Housing Trust Fund was created and exists by law.
294	(10)  The lesser of 8.66 percent of the remaining taxes or
295	$136 million in each fiscal year shall be paid into the State
296	Treasury to the credit of the State Housing Trust Fund and used
297	as follows:
298	(a)  Twelve and one-half percent of that amount shall be
299	deposited into the State Housing Trust Fund and be expended by
300	the Department of Community Affairs and by the Florida Housing
301	Finance Corporation for the purposes for which the State Housing
302	Trust Fund was created and exists by law.
303	(b)  Eighty-seven and one-half percent of that amount shall
304	be distributed to the Local Government Housing Trust Fund and
305	used for the purposes for which the Local Government Housing
306	Trust Fund was created and exists by law. Funds from this
307	category may also be used to provide for state and local
308	services to assist the homeless.
309	(13)  In each fiscal year that the remaining taxes exceed
310	collections in the prior fiscal year, the stated maximum dollar
311	amounts provided in subsections (2), (4), (6), (7), and (9), and
312	(10) shall each be increased by an amount equal to 10 percent of
313	the increase in the remaining taxes collected under this chapter
314	multiplied by the applicable percentage provided in those
315	subsections.
316	(14)  If the payment requirements in any year for bonds
317	outstanding on July 1, 2007, or bonds issued to refund such
318	bonds, exceed the limitations of this section, distributions to
319	the trust fund from which the bond payments are made must be
320	increased to the lesser of the amount needed to pay bond
321	obligations or the limit of the applicable percentage
322	distribution provided in subsections (1)-(8) (1)-(10).
323	(15)  Distributions to the State Economic Enhancement and
324	Development Trust Fund in the Office of Tourism, Trade, and
325	Economic Development of the Executive Office of the Governor
326	State Housing Trust Fund pursuant to subsection subsections (9)
327	and (10) must be sufficient to cover amounts required to be
328	transferred to the Florida Affordable Housing Guarantee
329	Program's annual debt service reserve and guarantee fund
330	pursuant to s. 420.5092(6)(a) and (b) up to the amount required
331	to be transferred to such reserve and fund based on the
332	percentage distribution of documentary stamp tax revenues to the
333	State Housing Trust Fund which is in effect in the 2004-2005
334	fiscal year.
335	Section 4.  Section 212.0606, Florida Statutes, is amended
336	to read:
337	212.0606  Rental car surcharge.-
338	(1)  A surcharge of $2.00 per day or any part of a day is
339	imposed upon the lease or rental of a motor vehicle licensed for
340	hire and designed to carry less than nine passengers regardless
341	of whether such motor vehicle is licensed in Florida. The
342	surcharge applies to only the first 30 days of the term of any
343	lease or rental. The surcharge is subject to all applicable
344	taxes imposed by this chapter.
345	(2)(a)  Notwithstanding the provisions of section 212.20,
346	and less costs of administration, 80 percent of the proceeds of
347	this surcharge shall be deposited in the State Transportation
348	Trust Fund and 20 percent of the proceeds of this surcharge
349	shall be deposited in the State Economic Enhancement and
350	Development Trust Fund in the Office of Tourism, Trade, and
351	Economic Development of the Executive Office of the Governor. ,
352	15.75 percent of the proceeds of this surcharge shall be
353	deposited in the Tourism Promotional Trust Fund created in s.
354	288.122, and 4.25 percent of the proceeds of this surcharge
355	shall be deposited in the Florida International Trade and
356	Promotion Trust Fund. For the purposes of this subsection,
357	"proceeds" of the surcharge means all funds collected and
358	received by the department under this section, including
359	interest and penalties on delinquent surcharges. The department
360	shall provide the Office of Tourism, Trade, and Economic
361	Development of the Executive Office of the Governor and
362	Department of Transportation rental car surcharge revenue
363	information for the previous state fiscal year by September 1 of
364	each year.
365	(b)  Notwithstanding any other provision of law, in fiscal
366	year 2007-2008 and each year thereafter, the proceeds deposited
367	in the State Transportation Trust Fund shall be allocated on an
368	annual basis in the Department of Transportation's work program
369	to each department district, except the Turnpike District. The
370	amount allocated for each district shall be based upon the
371	amount of proceeds attributed to the counties within each
372	respective district.
373	Section 5.  Subsections (2) and (3) of section 288.095,
374	Florida Statutes, are amended to read:
375	288.095  Economic Development Trust Fund.-
376	(2)  There is created, within the Economic Development
377	Trust Fund, the Economic Development Incentives Account. The
378	Economic Development Incentives Account consists of moneys
379	appropriated to the account for purposes of the tax incentives
380	programs authorized under ss. 288.1045 and 288.106, and local
381	financial support provided under ss. 288.1045 and 288.106.
382	Moneys in the Economic Development Incentives Account shall be
383	subject to the provisions of s. 216.301(1)(a).
384	(3)(a)  The Office of Tourism, Trade, and Economic
385	Development may approve applications for certification pursuant
386	to ss. 288.1045(3) and 288.106. However, the total state share
387	of tax refund payments scheduled in all active certifications
388	for fiscal year 2001-2002 may not exceed $30 million. The total
389	for each subsequent fiscal year may not exceed $35 million.
390	(b)  The total amount of tax refund claims approved for
391	payment by the Office of Tourism, Trade, and Economic
392	Development based on actual project performance may not exceed
393	the amount appropriated to the Economic Development Incentives
394	Account for such purposes for the fiscal year. Claims for tax
395	refunds under ss. 288.1045 and 288.106 shall be paid in the
396	order the claims are approved by the Office of Tourism, Trade,
397	and Economic Development. In the event the Legislature does not
398	appropriate an amount sufficient to satisfy the tax refunds
399	under ss. 288.1045 and 288.106 in a fiscal year, the Office of
400	Tourism, Trade, and Economic Development shall pay the tax
401	refunds from the appropriation for the following fiscal year. By
402	March 1 of each year, the Office of Tourism, Trade, and Economic
403	Development shall notify the legislative appropriations
404	committees of the Senate and House of Representatives of any
405	anticipated shortfall in the amount of funds needed to satisfy
406	claims for tax refunds from the appropriation for the current
407	fiscal year.
408	(c)  By December 31 of each year, Enterprise Florida, Inc.,
409	shall submit a complete and detailed report to the Governor, the
410	President of the Senate, the Speaker of the House of
411	Representatives, and the director of the Office of Tourism,
412	Trade, and Economic Development of all applications received,
413	recommendations made to the Office of Tourism, Trade, and
414	Economic Development, final decisions issued, tax refund
415	agreements executed, and tax refunds paid or other payments made
416	under all programs funded out of the Economic Development
417	Incentives Account, including analyses of benefits and costs,
418	types of projects supported, and employment and investment
419	created. Enterprise Florida, Inc., shall also include a separate
420	analysis of the impact of such tax refunds on state enterprise
421	zones designated pursuant to s. 290.0065, rural communities,
422	brownfield areas, and distressed urban communities. The report
423	must also discuss the efforts made by the Office of Tourism,
424	Trade, and Economic Development to amend tax refund agreements
425	to require tax refund claims to be submitted by January 31 for
426	the net new full-time equivalent jobs in this state as of
427	December 31 of the preceding calendar year. The report must also
428	list the name and tax refund amount for each business that has
429	received a tax refund under s. 288.1045 or s. 288.106 during the
430	preceding fiscal year. The Office of Tourism, Trade, and
431	Economic Development shall assist Enterprise Florida, Inc., in
432	the collection of data related to business performance and
433	incentive payments.
434	(d)  Moneys in the Economic Development Incentives Account
435	may be used only to pay tax refunds and other payments
436	authorized under s. 288.1045, s. 288.106, or s. 288.107.
437	(e)  The Office of Tourism, Trade, and Economic Development
438	may adopt rules necessary to carry out the provisions of this
439	subsection, including rules providing for the use of moneys in
440	the Economic Development Incentives Account and for the
441	administration of the Economic Development Incentives Account.
442	Section 6.  Subsection (3) of section 288.120, Florida
443	Statutes, as created by HB 7205, 2011 Regular Session, is
444	renumbered as subsection (5), and new subsections (3) and (4)
445	are added to that section, to read:
446	288.120  State Economic Enhancement and Development Trust
447	Fund.-
448	(3)  There is created, within the State Economic
449	Enhancement and Development Trust Fund, the Economic Development
450	Incentives Account. The Economic Development Incentives Account
451	consists of moneys appropriated to the account for purposes of
452	the tax incentives programs authorized under ss. 288.1045 and
453	288.106, and local financial support provided under ss. 288.1045
454	and 288.106. Moneys in the Economic Development Incentives
455	Account shall be subject to the provisions of s. 216.301(1)(a).
456	(4)(a)  The Office of Tourism, Trade, and Economic
457	Development may approve applications for certification pursuant
458	to ss. 288.1045(3) and 288.106. The total state share of tax
459	refund payments scheduled in all active certifications for each
460	fiscal year may not exceed $35 million.
461	(b)  The total amount of tax refund claims approved for
462	payment by the Office of Tourism, Trade, and Economic
463	Development based on actual project performance may not exceed
464	the amount appropriated to the Economic Development Incentives
465	Account for such purposes for the fiscal year. Claims for tax
466	refunds under ss. 288.1045 and 288.106 shall be paid in the
467	order the claims are approved by the Office of Tourism, Trade,
468	and Economic Development. In the event the Legislature does not
469	appropriate an amount sufficient to satisfy the tax refunds
470	under ss. 288.1045 and 288.106 in a fiscal year, the Office of
471	Tourism, Trade, and Economic Development shall pay the tax
472	refunds from the appropriation for the following fiscal year. By
473	March 1 of each year, the Office of Tourism, Trade, and Economic
474	Development shall notify the legislative appropriations
475	committees of the Senate and House of Representatives of any
476	anticipated shortfall in the amount of funds needed to satisfy
477	claims for tax refunds from the appropriation for the current
478	fiscal year.
479	(c)  By December 31 of each year, Enterprise Florida, Inc.,
480	shall submit a complete and detailed report to the Governor, the
481	President of the Senate, the Speaker of the House of
482	Representatives, and the director of the Office of Tourism,
483	Trade, and Economic Development of all applications received,
484	recommendations made to the Office of Tourism, Trade, and
485	Economic Development, final decisions issued, tax refund
486	agreements executed, and tax refunds paid or other payments made
487	under all programs funded out of the Economic Development
488	Incentives Account, including analyses of benefits and costs,
489	types of projects supported, and employment and investment
490	created. Enterprise Florida, Inc., shall also include a separate
491	analysis of the impact of such tax refunds on state enterprise
492	zones designated pursuant to s. 290.0065, rural communities,
493	brownfield areas, and distressed urban communities. The report
494	must also discuss the efforts made by the Office of Tourism,
495	Trade, and Economic Development to amend tax refund agreements
496	to require tax refund claims to be submitted by January 31 for
497	the net new full-time equivalent jobs in this state as of
498	December 31 of the preceding calendar year. The report must also
499	list the name and tax refund amount for each business that has
500	received a tax refund under s. 288.1045 or s. 288.106 during the
501	preceding fiscal year. The Office of Tourism, Trade, and
502	Economic Development shall assist Enterprise Florida, Inc., in
503	the collection of data related to business performance and
504	incentive payments.
505	(d)  Moneys in the Economic Development Incentives Account
506	may be used only to pay tax refunds and other payments
507	authorized under s. 288.1045, s. 288.106, or s. 288.107.
508	(e)  The Office of Tourism, Trade, and Economic Development
509	may adopt rules necessary to carry out the provisions of this
510	subsection.
511	Section 7.  Paragraph (k) of subsection (1), paragraphs
512	(a), (d), (f), and (g) of subsection (2), paragraph (a) of
513	subsection (4), and paragraph (c) of subsection (5) of section
514	288.1045, Florida Statutes, are amended to read:
515	288.1045  Qualified defense contractor and space flight
516	business tax refund program.-
517	(1)  DEFINITIONS.-As used in this section:
518	(k)  "Local financial support" means funding from local
519	sources, public or private, which is paid to the State Economic
520	Enhancement and Development Economic Development Trust Fund and
521	which is equal to 20 percent of the annual tax refund for a
522	qualified applicant. Local financial support may include excess
523	payments made to a utility company under a designated program to
524	allow decreases in service by the utility company under
525	conditions, regardless of when application is made. A qualified
526	applicant may not provide, directly or indirectly, more than 5
527	percent of such funding in any fiscal year. The sources of such
528	funding may not include, directly or indirectly, state funds
529	appropriated from the General Revenue Fund or any state trust
530	fund, excluding tax revenues shared with local governments
531	pursuant to law.
532	(2)  GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.-
533	(a)  There shall be allowed, from the State Economic
534	Enhancement and Development Economic Development Trust Fund, a
535	refund to a qualified applicant for the amount of eligible taxes
536	certified by the director which were paid by such qualified
537	applicant. The total amount of refunds for all fiscal years for
538	each qualified applicant shall be determined pursuant to
539	subsection (3). The annual amount of a refund to a qualified
540	applicant shall be determined pursuant to subsection (5).
541	(d)  Contingent upon an annual appropriation by the
542	Legislature, the director may approve not more in tax refunds
543	than the amount appropriated to the State Economic Enhancement
544	and Development Economic Development Trust Fund for tax refunds,
545	for a fiscal year pursuant to subsection (5) and s. 288.120
546	288.095.
547	(f)  After entering into a tax refund agreement pursuant to
548	subsection (4), a qualified applicant may:
549	1.  Receive refunds from the account for corporate income
550	taxes due and paid pursuant to chapter 220 by that business
551	beginning with the first taxable year of the business which
552	begins after entering into the agreement.
553	2.  Receive refunds from the account for the following
554	taxes due and paid by that business after entering into the
555	agreement:
556	a.  Taxes on sales, use, and other transactions paid
557	pursuant to chapter 212.
558	b.  Intangible personal property taxes paid pursuant to
559	chapter 199.
560	c.  Emergency excise taxes paid pursuant to chapter 221.
561	d.  Excise taxes paid on documents pursuant to chapter 201.
562	e.  Ad valorem taxes paid, as defined in s. 220.03(1)(a) on
563	June 1, 1996.
564	f.  State communications services taxes administered under
565	chapter 202. This provision does not apply to the gross receipts
566	tax imposed under chapter 203 and administered under chapter 202
567	or the local communications services tax authorized under s.
568	202.19.
569
570	However, a qualified applicant may not receive a tax refund
571	pursuant to this section for any amount of credit, refund, or
572	exemption granted such contractor for any of such taxes. If a
573	refund for such taxes is provided by the office, which taxes are
574	subsequently adjusted by the application of any credit, refund,
575	or exemption granted to the qualified applicant other than that
576	provided in this section, the qualified applicant shall
577	reimburse the State Economic Enhancement and Development
578	Economic Development Trust Fund for the amount of such credit,
579	refund, or exemption. A qualified applicant must notify and
580	tender payment to the office within 20 days after receiving a
581	credit, refund, or exemption, other than that provided in this
582	section. The addition of communications services taxes
583	administered under chapter 202 is remedial in nature and
584	retroactive to October 1, 2001. The office may make supplemental
585	tax refund payments to allow for tax refunds for communications
586	services taxes paid by an eligible qualified defense contractor
587	after October 1, 2001.
588	(g)  Any qualified applicant who fraudulently claims this
589	refund is liable for repayment of the refund to the State
590	Economic Enhancement and Development Economic Development Trust
591	Fund plus a mandatory penalty of 200 percent of the tax refund
592	which shall be deposited into the General Revenue Fund. Any
593	qualified applicant who fraudulently claims this refund commits
594	a felony of the third degree, punishable as provided in s.
595	775.082, s. 775.083, or s. 775.084.
596	(4)  QUALIFIED APPLICANT TAX REFUND AGREEMENT.-
597	(a)  A qualified applicant shall enter into a written
598	agreement with the office containing, but not limited to, the
599	following:
600	1.  The total number of full-time equivalent jobs in this
601	state that are or will be dedicated to the qualified applicant's
602	project, the average wage of such jobs, the definitions that
603	will apply for measuring the achievement of these terms during
604	the pendency of the agreement, and a time schedule or plan for
605	when such jobs will be in place and active in this state.
606	2.  The maximum amount of a refund that the qualified
607	applicant is eligible to receive for each fiscal year, based on
608	the job creation or retention and maintenance schedule specified
609	in subparagraph 1.
610	3.  An agreement with the office allowing the office to
611	review and verify the financial and personnel records of the
612	qualified applicant to ascertain whether the qualified applicant
613	is complying with the requirements of this section.
614	4.  The date by which, in each fiscal year, the qualified
615	applicant may file a claim pursuant to subsection (5) to be
616	considered to receive a tax refund in the following fiscal year.
617	5.  That local financial support shall be annually
618	available and will be paid to the State Economic Enhancement and
619	Development Economic Development Trust Fund.
620	(5)  ANNUAL CLAIM FOR REFUND.-
621	(c)  A tax refund may not be approved for any qualified
622	applicant unless local financial support has been paid to the
623	State Economic Enhancement and Development Economic Development
624	Trust Fund for that refund. If the local financial support is
625	less than 20 percent of the approved tax refund, the tax refund
626	shall be reduced. The tax refund paid may not exceed 5 times the
627	local financial support received. Funding from local sources
628	includes tax abatement under s. 196.1995 or the appraised market
629	value of municipal or county land, including any improvements or
630	structures, conveyed or provided at a discount through a sale or
631	lease to that applicant. The amount of any tax refund for an
632	applicant approved under this section shall be reduced by the
633	amount of any such tax abatement granted or the value of the
634	land granted, including the value of any improvements or
635	structures; and the limitations in subsection (2) shall be
636	reduced by the amount of any such tax abatement or the value of
637	the land granted, including any improvements or structures. A
638	report listing all sources of the local financial support shall
639	be provided to the office when such support is paid to the State
640	Economic Enhancement and Development Economic Development Trust
641	Fund.
642	Section 8.  Subparagraphs (a) and (k) of subsection (2) of
643	section 288.106, Florida Statutes, are amended to read:
644	288.106  Tax refund program for qualified target industry
645	businesses.-
646	(2)  DEFINITIONS.-As used in this section:
647	(a)  "Account" means the Economic Development Incentives
648	Account within the State Economic Enhancement and Development
649	Economic Development Trust Fund established under s. 288.120
650	288.095.
651	(k)  "Local financial support" means funding from local
652	sources, public or private, that is paid to the State Economic
653	Enhancement and Development Economic Development Trust Fund and
654	that is equal to 20 percent of the annual tax refund for a
655	qualified target industry business. A qualified target industry
656	business may not provide, directly or indirectly, more than 5
657	percent of such funding in any fiscal year. The sources of such
658	funding may not include, directly or indirectly, state funds
659	appropriated from the General Revenue Fund or any state trust
660	fund, excluding tax revenues shared with local governments
661	pursuant to law.
662	Section 9.  Paragraph (a) of subsection (1) of section
663	288.107, Florida Statutes, is amended to read:
664	288.107  Brownfield redevelopment bonus refunds.-
665	(1)  DEFINITIONS.-As used in this section:
666	(a)  "Account" means the Economic Development Incentives
667	Account as authorized in s. 288.120 288.095.
668	Section 10.  Paragraph (b) of subsection (8) of section
669	288.1089, Florida Statutes, is amended to read:
670	288.1089  Innovation Incentive Program.-
671	(8)
672	(b)  Additionally, agreements signed on or after July 1,
673	2009, must include the following provisions:
674	1.  Notwithstanding subsection (4), a requirement that the
675	jobs created by the recipient of the incentive funds pay an
676	annual average wage at least equal to the relevant industry's
677	annual average wage or at least 130 percent of the average
678	private sector wage, whichever is greater.
679	2.  A reinvestment requirement. Each recipient of an award
680	shall reinvest up to 15 percent of net royalty revenues,
681	including revenues from spin-off companies and the revenues from
682	the sale of stock it receives from the licensing or transfer of
683	inventions, methods, processes, and other patentable discoveries
684	conceived or reduced to practice using its facilities in Florida
685	or its Florida-based employees, in whole or in part, and to
686	which the recipient of the grant becomes entitled during the 20
687	years following the effective date of its agreement with the
688	office. Each recipient of an award also shall reinvest up to 15
689	percent of the gross revenues it receives from naming
690	opportunities associated with any facility it builds in this
691	state. Reinvestment payments shall commence no later than 6
692	months after the recipient of the grant has received the final
693	disbursement under the contract and shall continue until the
694	maximum reinvestment, as specified in the contract, has been
695	paid. Reinvestment payments shall be remitted to the office for
696	deposit in the Biomedical Research Trust Fund for companies
697	specializing in biomedicine or life sciences, or in the State
698	Economic Enhancement and Development Economic Development Trust
699	Fund for companies specializing in fields other than biomedicine
700	or the life sciences. If these trust funds no longer exist at
701	the time of the reinvestment, the state's share of reinvestment
702	shall be deposited in their successor trust funds as determined
703	by law. Each recipient of an award shall annually submit a
704	schedule of the shares of stock held by it as payment of the
705	royalty required by this paragraph and report on any trades or
706	activity concerning such stock. Each recipient's reinvestment
707	obligations survive the expiration or termination of its
708	agreement with the state.
709	3.  Requirements for the establishment of internship
710	programs or other learning opportunities for educators and
711	secondary, postsecondary, graduate, and doctoral students.
712	4.  A requirement that the recipient submit quarterly
713	reports and annual reports related to activities and performance
714	to the office, according to standardized reporting periods.
715	5.  A requirement for an annual accounting to the office of
716	the expenditure of funds disbursed under this section.
717	6.  A process for amending the agreement.
718	Section 11.  Section 288.7771, Florida Statutes, is amended
719	to read:
720	288.7771  Annual report of Florida Export Finance
721	Corporation.- The corporation shall annually prepare and submit
722	to Enterprise Florida, Inc., for inclusion in its annual report
723	required by s. 288.120 288.095 a complete and detailed report
724	setting forth:
725	(1)  The report required in s. 288.776(3).
726	(2)  Its assets and liabilities at the end of its most
727	recent fiscal year.
728	Section 12.  Subsection (5) of section 288.95155, Florida
729	Statutes, is amended to read:
730	288.95155  Florida Small Business Technology Growth
731	Program.-
732	(5)  Enterprise Florida, Inc., shall prepare and include in
733	its annual report required by s. 288.120 288.095 a report on the
734	financial status of the program. The report must specify the
735	assets and liabilities of the program within the current fiscal
736	year and must include a portfolio update that lists all of the
737	businesses assisted, the private dollars leveraged by each
738	business assisted, and the growth in sales and in employment of
739	each business assisted.
740	Section 13.  Effective October 1, 2011, paragraph (f) of
741	subsection (5) of section 373.461, Florida Statutes, is amended
742	to read:
743	373.461  Lake Apopka improvement and management.-
744	(5)  PURCHASE OF AGRICULTURAL LANDS.-
745	(f)1.  Tangible personal property acquired by the district
746	as part of related facilities pursuant to this section, and
747	classified as surplus by the district, shall be sold by the
748	Department of Management Services. The Department of Management
749	Services shall deposit the proceeds of such sale in the State
750	Economic Enhancement and Development Economic Development Trust
751	Fund in the Executive Office of the Governor. The proceeds shall
752	be used for the purpose of providing economic and infrastructure
753	development in portions of northwestern Orange County and east
754	central Lake County which will be adversely affected
755	economically due to the acquisition of lands pursuant to this
756	subsection.
757	2.  The Office of Tourism, Trade, and Economic Development
758	shall, upon presentation of the appropriate documentation
759	justifying expenditure of the funds deposited pursuant to this
760	paragraph, pay any obligation for which it has sufficient funds
761	from the proceeds of the sale of tangible personal property and
762	which meets the limitations specified in paragraph (g). The
763	authority of the Office of Tourism, Trade, and Economic
764	Development to expend such funds shall expire 5 years from the
765	effective date of this paragraph. Such expenditures may occur
766	without future appropriation from the Legislature.
767	3.  Funds deposited under this paragraph may not be used
768	for any purpose other than those enumerated in paragraph (g).
769	Section 14.  Section 288.1221, Florida Statutes, is
770	repealed:
771	Section 15.  The Legislature recognizes that there is a
772	need to conform the Florida Statutes to the organizational
773	changes in this act and that there may be a need to resolve
774	apparent conflicts with any other legislation that has been or
775	may be enacted during the 2011 Regular Session. Therefore, in
776	the interim between this act becoming a law and the 2011 Regular
777	Session of the Legislature or an earlier special session
778	addressing this issue, the Division of Statutory Revision shall
779	provide the relevant substantive committees of the Senate and
780	the House of Representatives with assistance, upon request, to
781	enable such committees to prepare draft legislation to conform
782	the Florida Statutes and any legislation enacted during 2011 to
783	the provisions of this act.
784	Section 16.  Except as otherwise expressly provided in this
785	act, this act shall take effect October 1, 2011, if HB 7205 or
786	similar legislation takes effect, if such legislation is adopted
787	in the same legislative session or an extension thereof and
788	becomes law.

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