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