Florida Senate - 2012                                    SB 1434
       
       
       
       By Senator Gibson
       
       
       
       
       1-01206-12                                            20121434__
    1                        A bill to be entitled                      
    2         An act relating to the tax refund program for
    3         qualified target industry businesses; amending s.
    4         288.106, F.S.; permitting a business that fails to
    5         satisfy the terms of its agreement with the Department
    6         of Economic Opportunity to apply for a prorated tax
    7         refund; providing an effective date.
    8  
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsections (5) and (6) of section 288.106,
   12  Florida Statutes, are amended to read:
   13         288.106 Tax refund program for qualified target industry
   14  businesses.—
   15         (5) TAX REFUND AGREEMENT.—
   16         (a) Each qualified target industry business must enter into
   17  a written agreement with the department that specifies, at a
   18  minimum:
   19         1. The total number of full-time equivalent jobs in this
   20  state that will be dedicated to the project, the average wage of
   21  those jobs, the definitions that will apply for measuring the
   22  achievement of these terms during the pendency of the agreement,
   23  and a time schedule or plan for when such jobs will be in place
   24  and active in this state.
   25         2. The maximum amount of tax refunds that the qualified
   26  target industry business is eligible to receive on the project
   27  and the maximum amount of a tax refund that the qualified target
   28  industry business is eligible to receive for each fiscal year,
   29  based on the job creation and maintenance schedule specified in
   30  subparagraph 1.
   31         3. That the department may review and verify the financial
   32  and personnel records of the qualified target industry business
   33  to ascertain whether that business is in compliance with this
   34  section.
   35         4. The date by which, in each fiscal year, the qualified
   36  target industry business may file a claim under subsection (6)
   37  to be considered to receive a tax refund in the following fiscal
   38  year.
   39         5. That local financial support will be annually available
   40  and will be paid to the account. The department may not enter
   41  into a written agreement with a qualified target industry
   42  business if the local financial support resolution is not passed
   43  by the local governing body within 90 days after the department
   44  has issued the letter of certification under subsection (4).
   45         6. That the department may conduct a review of the business
   46  to evaluate whether the business is continuing to contribute to
   47  the area’s or state’s economy.
   48         7. That in the event the business does not complete the
   49  agreement, the business will provide the department with the
   50  reasons the business was unable to complete the agreement.
   51         (b) Compliance with the terms and conditions of the
   52  agreement is a condition precedent for the receipt of a tax
   53  refund each year. The failure to comply with the terms and
   54  conditions of the tax refund agreement results in the loss of
   55  eligibility for receipt of all tax refunds previously authorized
   56  under this section and the revocation by the department of the
   57  certification of the business entity as a qualified target
   58  industry business, unless the business is eligible to receive
   59  and elects to accept a prorated refund under paragraph (6)(e),
   60  the department grants the business a prorated refund under
   61  paragraph (6)(f), or the department grants the business an
   62  economic recovery extension.
   63         1. A qualified target industry business may submit a
   64  request to the department for a prorated refund under paragraph
   65  (6)(f) or for an economic recovery extension. The request must
   66  provide quantitative evidence demonstrating how negative
   67  economic conditions in the business’s industry, the effects of a
   68  named hurricane or tropical storm, or specific acts of terrorism
   69  affecting the qualified target industry business have prevented
   70  the business from complying with the terms and conditions of its
   71  tax refund agreement.
   72         2. Upon receipt of a request under subparagraph 1., the
   73  department has 45 days to notify the requesting business, in
   74  writing, whether its request extension has been granted or
   75  denied. In determining whether a request an extension should be
   76  granted, the department shall consider the extent to which
   77  negative economic conditions in the requesting business’s
   78  industry have occurred in the state or the effects of a named
   79  hurricane or tropical storm or specific acts of terrorism
   80  affecting the qualified target industry business have prevented
   81  the business from complying with the terms and conditions of its
   82  tax refund agreement. The department shall consider current
   83  employment statistics for this state by industry, including
   84  whether the business’s industry had substantial job loss during
   85  the prior year, when determining whether a request an extension
   86  shall be granted.
   87         3. As a condition for receiving a prorated refund under
   88  paragraph (6)(e) or paragraph (6)(f) or an economic recovery
   89  extension under this paragraph, a qualified target industry
   90  business must agree to renegotiate its tax refund agreement with
   91  the department to, at a minimum, ensure that the terms of the
   92  agreement comply with current law and the department’s
   93  procedures governing application for and award of tax refunds.
   94  Upon approving the award of a prorated refund or granting an
   95  economic recovery extension, the department shall renegotiate
   96  the tax refund agreement with the business as required by this
   97  subparagraph. When amending the agreement of a business
   98  receiving an economic recovery extension, the department may
   99  extend the duration of the agreement for a period not to exceed
  100  2 years.
  101         4. A qualified target industry business may submit a
  102  request for an economic recovery extension to the department in
  103  lieu of any tax refund claim scheduled to be submitted after
  104  January 1, 2009, but before July 1, 2012.
  105         5. A qualified target industry business that receives an
  106  economic recovery extension may not receive a tax refund for the
  107  period covered by the extension.
  108         (c) The agreement must be signed by the executive director
  109  and by an authorized officer of the qualified target industry
  110  business within 120 days after the issuance of the letter of
  111  certification under subsection (4), but not before passage and
  112  receipt of the resolution of local financial support. The
  113  department may grant an extension of this period at the written
  114  request of the qualified target industry business.
  115         (d) The agreement must contain the following legend,
  116  clearly printed on its face in bold type of not less than 10
  117  points in size: “This agreement is not a general obligation of
  118  the State of Florida, nor is it backed by the full faith and
  119  credit of the State of Florida. Payment of tax refunds is
  120  conditioned on and subject to specific annual appropriations by
  121  the Florida Legislature sufficient to pay amounts authorized in
  122  section 288.106, Florida Statutes.”
  123         (6) ANNUAL CLAIM FOR REFUND.—
  124         (a) To be eligible to claim any scheduled tax refund, a
  125  qualified target industry business that has entered into a tax
  126  refund agreement with the department under subsection (5) must
  127  apply by January 31 of each fiscal year to the department for
  128  the tax refund scheduled to be paid from the appropriation for
  129  the fiscal year that begins on July 1 following the January 31
  130  claims-submission date. The department may, upon written
  131  request, grant a 30-day extension of the filing date.
  132         (b) The claim for refund by the qualified target industry
  133  business must include a copy of all receipts pertaining to the
  134  payment of taxes for which the refund is sought and data related
  135  to achievement of each performance item specified in the tax
  136  refund agreement. The amount requested as a tax refund may not
  137  exceed the amount specified for the relevant fiscal year in that
  138  agreement.
  139         (c) The department may waive the requirement for proof of
  140  taxes paid in future years for a qualified target industry
  141  business that provides the Department of Economic Opportunity
  142  office with proof that, in a single year, the business has paid
  143  an amount of state taxes from the categories in paragraph (3)(d)
  144  which that is at least equal to the total amount of tax refunds
  145  that the business may receive through successful completion of
  146  its tax refund agreement.
  147         (d) A tax refund may not be approved for a qualified target
  148  industry business unless the required local financial support
  149  has been paid into the account for that refund. If the local
  150  financial support provided is less than 20 percent of the
  151  approved tax refund, the tax refund must be reduced. In no event
  152  may the tax refund exceed an amount that is equal to 5 times the
  153  amount of the local financial support received. Further, funding
  154  from local sources includes any tax abatement granted to that
  155  business under s. 196.1995 or the appraised market value of
  156  municipal or county land conveyed or provided at a discount to
  157  that business. The amount of any tax refund for such business
  158  approved under this section must be reduced by the amount of any
  159  such tax abatement granted or the value of the land granted, and
  160  the limitations in subsection (3) and paragraph (4)(e) must be
  161  reduced by the amount of any such tax abatement or the value of
  162  the land granted. A report listing all sources of the local
  163  financial support shall be provided to the Department of
  164  Economic Opportunity office when such support is paid to the
  165  account.
  166         (e) A prorated tax refund, less a 5 percent 5-percent
  167  penalty, shall be approved for a qualified target industry
  168  business if all other applicable requirements have been
  169  satisfied and the business proves to the satisfaction of the
  170  Department of Economic Opportunity office that:
  171         1. It has achieved at least 80 percent of its projected
  172  employment; and
  173         2. The average wage paid by the business is at least 90
  174  percent of the average wage specified in the tax refund
  175  agreement, but in no case less than 115 percent of the average
  176  private sector wage in the area available at the time of
  177  certification, or 150 percent or 200 percent of the average
  178  private sector wage if the business requested the additional
  179  per-job tax refund authorized in paragraph (3)(b) for wages
  180  above those levels. The prorated tax refund shall be calculated
  181  by multiplying the tax refund amount for which the qualified
  182  target industry business would have been eligible, if all
  183  applicable requirements had been satisfied, by the percentage of
  184  the average employment specified in the tax refund agreement
  185  which was achieved, and by the percentage of the average wages
  186  specified in the tax refund agreement which was achieved.
  187         (f) A prorated tax refund, less a 10 percent penalty, may
  188  be approved for a qualified target industry business if all
  189  other applicable requirements have been satisfied and the
  190  business proves to the satisfaction of the department that:
  191         1. The business’s project has resulted in the creation of
  192  at least 10 jobs; and
  193         2. The average wage paid by the business is at least 90
  194  percent of the average wage specified in the tax refund
  195  agreement, but in no case less than 115 percent of the average
  196  private sector wage in the area available at the time of
  197  certification, or 150 percent or 200 percent of the average
  198  private sector wage if the business requested the additional
  199  per-job tax refund authorized in paragraph (3)(b) for wages
  200  above those levels. The prorated tax refund shall be calculated
  201  by multiplying the tax refund amount for which the qualified
  202  target industry business would have been eligible, if all
  203  applicable requirements had been satisfied, by the percentage of
  204  the average employment specified in the tax refund agreement
  205  which was achieved, and by the percentage of the average wages
  206  specified in the tax refund agreement which was achieved.
  207         (g)(f) The department, with such assistance as may be
  208  required from the Department of Revenue, shall, by June 30
  209  following the scheduled date for submission of the tax refund
  210  claim, specify by written order the approval or disapproval of
  211  the tax refund claim and, if approved, the amount of the tax
  212  refund that is authorized to be paid to the qualified target
  213  industry business for the annual tax refund. The department may
  214  grant an extension of this date on the request of the qualified
  215  target industry business for the purpose of filing additional
  216  information in support of the claim.
  217         (h)(g) The total amount of tax refund claims approved by
  218  the department under this section in any fiscal year must not
  219  exceed the amount authorized under s. 288.095(3).
  220         (i)(h) This section does not create a presumption that a
  221  tax refund claim will be approved and paid.
  222         (j)(i) Upon approval of the tax refund under paragraphs
  223  (d), (e), (f), and (g) (f), the Chief Financial Officer shall
  224  issue a warrant for the amount specified in the written order.
  225  If the written order is appealed, the Chief Financial Officer
  226  may not issue a warrant for a refund to the qualified target
  227  industry business until the conclusion of all appeals of that
  228  order.
  229         Section 2. This act shall take effect July 1, 2012.