Florida Senate - 2013 PROPOSED COMMITTEE SUBSTITUTE
Bill No. SB 406
Proposed Committee Substitute by the Committee on Appropriations
(Appropriations Subcommittee on Transportation, Tourism, and
1 A bill to be entitled
2 An act relating to economic development; establishing
3 the Economic Development Programs Evaluation;
4 requiring the Office of Economic and Demographic
5 Research and the Office of Program Policy Analysis and
6 Government Accountability to present the evaluation;
7 requiring the offices to develop and submit a work
8 plan for completing the evaluation by a certain date;
9 requiring the offices to provide an analysis of
10 certain economic development programs and specifying a
11 schedule; requiring the Office of Economic and
12 Demographic Research to make certain evaluations in
13 its analysis; limiting the office’s evaluation for the
14 purposes of tax credits, tax refunds, sales tax
15 exemptions, cash grants, and similar programs;
16 requiring the office to use a certain model to
17 evaluate each program; requiring the Office of Program
18 Policy Analysis and Government Accountability to make
19 certain evaluations in its analysis; providing the
20 offices access to all data necessary to complete the
21 evaluation; amending s. 20.60, F.S.; revising the date
22 on which the Department of Economic Opportunity and
23 Enterprise Florida, Inc., are required to report on
24 the business climate and economic development in the
25 state; specifying reports and information that must be
26 included; amending s. 212.08, F.S.; revising
27 definitions; clarifying the application of certain
28 amendments; contingently amending s. 212.20, F.S.;
29 requiring the Department of Revenue to distribute a
30 specified amount of money to certain applicants if a
31 spring training franchise uses the applicant’s
32 facility; specifying time periods and limitations on
33 distributions; amending s. 213.053, F.S.; authorizing
34 the Department of Revenue to make certain information
35 available to the director of the Office of Program
36 Policy Analysis and Government Accountability and the
37 coordinator of the Office of Economic and Demographic
38 Research; authorizing the offices to share certain
39 information; amending s. 220.194, F.S.; requiring the
40 annual report for the Florida Space Business
41 Incentives Act to be included in the annual incentives
42 report; deleting certain reporting requirements;
43 amending s. 288.005, F.S.; providing a definition;
44 amending s. 288.012, F.S.; requiring each State of
45 Florida international office to submit a report to
46 Enterprise Florida, Inc., for inclusion in its annual
47 report; deleting a reporting date; amending s.
48 288.061, F.S.; requiring the Department of Economic
49 Opportunity to analyze each economic development
50 incentive application; prohibiting the executive
51 director from approving an economic development
52 incentive application unless a specified written
53 declaration is received; amending s. 288.0656, F.S.;
54 requiring the Rural Economic Development Initiative to
55 submit a report to supplement the Department of
56 Economic Opportunity’s annual report; deleting certain
57 reporting requirements; creating s. 288.076, F.S.;
58 providing definitions; requiring the department to
59 publish on a website specified information concerning
60 state investment in economic development programs;
61 requiring the department to use methodology and
62 formulas established by the Office of Economic and
63 Demographic Research for specified calculations;
64 requiring the Office of Economic and Demographic
65 Research to provide a description of specified
66 methodology and formulas to the department and
67 requiring the department to publish this description
68 on its website within a specified period; providing
69 procedures and requirements for reviewing, updating,
70 and supplementing specified published information;
71 requiring the department to annually publish
72 information relating to the progress of Quick Action
73 Closing Fund projects; requiring the department to
74 publish certain confidential information pertaining to
75 participant businesses upon expiration of a specified
76 confidentiality period; requiring the department to
77 publish certain reports concerning businesses that
78 fail to complete tax refund agreements under the tax
79 refund program for qualified target industry
80 businesses; providing for construction and legislative
81 intent; authorizing the department to adopt rules;
82 repealing s. 288.095(3)(c), F.S., relating to the
83 annual report by Enterprise Florida, Inc., of programs
84 funded by the Economic Development Incentives Account;
85 amending s. 288.106, F.S.; deleting and adding
86 provisions relating to the application and approval
87 process of the tax refund program for qualified target
88 industry businesses; requiring the Department of
89 Economic Opportunity to include information on
90 qualified target industry businesses in the annual
91 incentives report; deleting certain reporting
92 requirements; amending 288.107, F.S.; revising
93 definitions; revising provisions to conform to changes
94 made by the act; revising the minimum criteria for
95 participation in the brownfield redevelopment bonus
96 refund; amending s. 288.1081, F.S.; requiring the use
97 of loan funds from the Economic Gardening Business
98 Loan Pilot Program to be included in the department’s
99 annual report; deleting certain reporting
100 requirements; amending s. 288.1082, F.S.; requiring
101 the progress of the Economic Gardening Technical
102 Assistance Pilot Program to be included in the
103 department’s annual report; deleting certain reporting
104 requirements; amending s. 288.1088, F.S.; requiring
105 the department to validate contractor performance for
106 the Quick Action Closing Fund and include the
107 performance validation in the annual incentives
108 report; deleting certain reporting requirements;
109 amending s. 288.1089, F.S.; requiring that certain
110 projects in the Innovation Incentive Program provide a
111 cumulative break-even economic benefit; requiring the
112 department to report information relating to the
113 Innovation Incentive Program in the annual incentives
114 report; deleting certain reporting requirements;
115 deleting provisions that require the Office of Program
116 Policy Analysis and Government Accountability and the
117 Auditor General’s Office to report on the Innovation
118 Incentive Program; contingently creating s. 288.11631,
119 F.S.; providing definitions; establishing a
120 certification process to retain spring training
121 baseball franchises; authorizing and prohibiting
122 certain uses of the awarded funds; requiring a
123 certified applicant to submit an annual report and
124 requiring the Department of Economic Opportunity to
125 publish such information; providing for
126 decertification of a certified applicant; requiring
127 the department to adopt rules; authorizing the Auditor
128 General to conduct audits; amending s. 288.1253, F.S.;
129 revising a reporting date; requiring expenditures of
130 the Office of Film and Entertainment to be included in
131 the annual entertainment industry financial incentive
132 program report; amending s. 288.1254, F.S.; revising a
133 reporting date; requiring the annual entertainment
134 industry financial incentive program report to include
135 certain information; amending s. 288.1258, F.S.;
136 revising a reporting date; requiring the report
137 detailing the relationship between tax exemptions and
138 incentives to industry growth to be included in the
139 annual entertainment industry financial incentive
140 program report; amending s. 288.714, F.S.; requiring
141 the Department of Economic Opportunity’s annual report
142 to include a report on the Black Business Loan
143 Program; deleting certain reporting requirements;
144 amending s. 288.7771, F.S.; requiring the Florida
145 Export Finance Corporation to submit a report to
146 Enterprise Florida, Inc.; amending s. 288.903, F.S.;
147 requiring Enterprise Florida, Inc., with the
148 Department of Economic Opportunity, to prepare an
149 annual incentives report; repealing s. 288.904(6),
150 F.S., relating to Enterprise Florida, Inc., which
151 requires the department to report the return on the
152 public’s investment; amending s. 288.906, F.S.;
153 requiring certain reports to be included in the
154 Enterprise Florida, Inc., annual report; amending s.
155 288.907, F.S.; requiring Enterprise Florida, Inc.,
156 with the Department of Economic Opportunity, to
157 prepare the annual incentives report; requiring the
158 annual incentives report to include certain
159 information; deleting a provision requiring the
160 Division of Strategic Business Development to assist
161 Enterprise Florida, Inc., with the report; amending s.
162 288.92, F.S.; requiring each division of Enterprise
163 Florida, Inc., to submit a report; amending s.
164 288.95155, F.S.; requiring the financial status of the
165 Florida Small Business Technology Growth Program to be
166 included in the annual incentives report; amending s.
167 290.0056, F.S.; revising a reporting date; requiring
168 the enterprise zone development agency to submit
169 certain information for the Department of Economic
170 Opportunity’s annual report; amending s. 290.014,
171 F.S.; revising a reporting date; requiring certain
172 reports on enterprise zones to be included in the
173 Department of Economic Opportunity’s annual report;
174 amending s. 331.3051, F.S.; revising a reporting date;
175 requiring Space Florida’s annual report to include
176 certain information; amending s. 331.310, F.S.;
177 requiring the Board of Directors of Space Florida to
178 supplement Space Florida’s annual report with
179 operations information; deleting certain reporting
180 requirements; amending s. 446.50, F.S.; requiring the
181 Department of Economic Opportunity’s annual report to
182 include a plan for the displaced homemaker program;
183 deleting certain reporting requirements; providing an
184 effective date.
186 Be It Enacted by the Legislature of the State of Florida:
188 Section 1. Economic Development Programs Evaluation.—The
189 Office of Economic and Demographic Research and the Office of
190 Program Policy Analysis and Government Accountability (OPPAGA)
191 shall develop and present to the Governor, the President of the
192 Senate, the Speaker of the House of Representatives, and the
193 chairs of the legislative appropriations committees the Economic
194 Development Programs Evaluation.
195 (1) The Office of Economic and Demographic Research and
196 OPPAGA shall coordinate the development of a work plan for
197 completing the Economic Development Programs Evaluation and
198 shall submit the work plan to the President of the Senate and
199 the Speaker of the House of Representatives by July 1, 2013.
200 (2) The Office of Economic and Demographic Research and
201 OPPAGA shall provide a detailed analysis of economic development
202 programs as provided in the following schedule:
203 (a) By January 1, 2014, and every 3 years thereafter, an
204 analysis of the following:
205 1. The capital investment tax credit established under s.
206 220.191, Florida Statutes.
207 2. The qualified target industry tax refund established
208 under s. 288.106, Florida Statutes.
209 3. The brownfield redevelopment bonus refund established
210 under s. 288.107, Florida Statutes.
211 4. High-impact business performance grants established
212 under s. 288.108, Florida Statutes.
213 5. The Quick Action Closing Fund established under s.
214 288.1088, Florida Statutes.
215 6. The Innovation Incentive Program established under s.
216 288.1089, Florida Statutes.
217 7. Enterprise Zone Program incentives established under ss.
218 212.08(5), 212.08(15), 212.096, 220.181, and 220.182, Florida
220 (b) By January 1, 2015, and every 3 years thereafter, an
221 analysis of the following:
222 1. The entertainment industry financial incentive program
223 established under s. 288.1254, Florida Statutes.
224 2. The entertainment industry sales tax exemption program
225 established under s. 288.1258, Florida Statutes.
226 3. VISIT Florida and its programs established or funded
227 under ss. 288.122, 288.1226, 288.12265, and 288.124, Florida
229 4. The Florida Sports Foundation and related programs
230 established under ss. 288.1162, 288.11621, 288.1166, 288.1167,
231 288.1168, 288.1169, and 288.1171, Florida Statutes.
232 (c) By January 1, 2016, and every 3 years thereafter, an
233 analysis of the following:
234 1. The qualified defense contractor and space flight
235 business tax refund program established under s. 288.1045,
236 Florida Statutes.
237 2. The tax exemption for semiconductor, defense, or space
238 technology sales established under s. 212.08(5)(j), Florida
240 3. The Military Base Protection Program established under
241 s. 288.980, Florida Statutes.
242 4. The Manufacturing and Spaceport Investment Incentive
243 Program established under s. 288.1083, Florida Statutes.
244 5. The Quick Response Training Program established under s.
245 288.047, Florida Statutes.
246 6. The Incumbent Worker Training Program established under
247 s. 445.003, Florida Statutes.
248 7. International trade and business development programs
249 established or funded under s. 288.826, Florida Statutes.
250 (3) Pursuant to the schedule established in subsection (2),
251 the Office of Economic and Demographic Research shall evaluate
252 and determine the economic benefits, as defined in s. 288.005,
253 Florida Statutes, of each program over the previous 3 years. The
254 analysis must also evaluate the number of jobs created, the
255 increase or decrease in personal income, and the impact on state
256 gross domestic product from the direct, indirect, and induced
257 effects of the state’s investment in each program over the
258 previous 3 years.
259 (a) For the purpose of evaluating tax credits, tax refunds,
260 sales tax exemptions, cash grants, and similar programs, the
261 Office of Economic and Demographic Research shall evaluate data
262 only from those projects in which businesses received state
263 funds during the evaluation period. Such projects may be fully
264 completed, partially completed with future fund disbursal
265 possible pending performance measures, or partially completed
266 with no future fund disbursal possible as a result of a
267 business’s inability to meet performance measures.
268 (b) The analysis must use the model developed by the Office
269 of Economic and Demographic Research, as required in s. 216.138,
270 Florida Statutes, to evaluate each program. The office shall
271 provide a written explanation of the key assumptions of the
272 model and how it is used. If the office finds that another
273 evaluation model is more appropriate to evaluate a program, it
274 may use another model, but it must provide an explanation as to
275 why the selected model was more appropriate.
276 (4) Pursuant to the schedule established in subsection (2),
277 OPPAGA shall evaluate each program over the previous 3 years for
278 its effectiveness and value to the taxpayers of this state and
279 include recommendations on each program for consideration by the
280 Legislature. The analysis may include relevant economic
281 development reports or analyses prepared by the Department of
282 Economic Opportunity, Enterprise Florida, Inc., or local or
283 regional economic development organizations; interviews with the
284 parties involved; or any other relevant data.
285 (5) The Office of Economic and Demographic Research and
286 OPPAGA must be given access to all data necessary to complete
287 the Economic Development Programs Evaluation, including any
288 confidential data. The offices may collaborate on data
289 collection and analysis.
290 Section 2. Subsection (10) of section 20.60, Florida
291 Statutes, is amended to read:
292 20.60 Department of Economic Opportunity; creation; powers
293 and duties.—
294 (10) The department, with assistance from Enterprise
295 Florida, Inc., shall, by November 1
January 1 of each year,
296 submit an annual report to the Governor, the President of the
297 Senate, and the Speaker of the House of Representatives on the
298 condition of the business climate and economic development in
299 the state.
300 (a) The report must shall include the identification of
301 problems and a prioritized list of recommendations.
302 (b) The report must incorporate annual reports of other
303 programs, including:
304 1. The displaced homemaker program established under s.
306 2. Information provided by the Department of Revenue under
307 s. 290.014.
308 3. Information provided by enterprise zone development
309 agencies under s. 290.0056 and an analysis of the activities and
310 accomplishments of each enterprise zone.
311 4. The Economic Gardening Business Loan Pilot Program
312 established under s. 288.1081 and the Economic Gardening
313 Technical Assistance Pilot Program established under s.
315 5. A detailed report of the performance of the Black
316 Business Loan Program and a cumulative summary of quarterly
317 report data required under s. 288.714.
318 6. The Rural Economic Development Initiative established
319 under s. 288.0656.
320 Section 3. Paragraph (o) of subsection (5) of section
321 212.08, Florida Statutes, is amended to read:
322 212.08 Sales, rental, use, consumption, distribution, and
323 storage tax; specified exemptions.—The sale at retail, the
324 rental, the use, the consumption, the distribution, and the
325 storage to be used or consumed in this state of the following
326 are hereby specifically exempt from the tax imposed by this
328 (5) EXEMPTIONS; ACCOUNT OF USE.—
329 (o) Building materials in redevelopment projects.—
330 1. As used in this paragraph, the term:
331 a. “Building materials” means tangible personal property
332 that becomes a component part of a housing project or a mixed
333 use project.
334 b. “Housing project” means the conversion of an existing
335 manufacturing or industrial building to a housing unit which is
336 units in an urban high-crime area, an enterprise zone, an
337 empowerment zone, a Front Porch Community, a designated
338 brownfield site for which a rehabilitation agreement with the
339 Department of Environmental Protection or a local government
340 delegated by the Department of Environmental Protection has been
341 executed under s. 376.80 and any abutting real property parcel
342 within a brownfield area, or an urban infill area; and in which
343 the developer agrees to set aside at least 20 percent of the
344 housing units in the project for low-income and moderate-income
345 persons or the construction in a designated brownfield area of
346 affordable housing for persons described in s. 420.0004(9),
347 (11), (12), or (17) or in s. 159.603(7).
348 c. “Mixed-use project” means the conversion of an existing
349 manufacturing or industrial building to mixed-use units that
350 include artists’ studios, art and entertainment services, or
351 other compatible uses. A mixed-use project must be located in an
352 urban high-crime area, an enterprise zone, an empowerment zone,
353 a Front Porch Community, a designated brownfield site for which
354 a rehabilitation agreement with the Department of Environmental
355 Protection or a local government delegated by the Department of
356 Environmental Protection has been executed under s. 376.80 and
357 any abutting real property parcel within a brownfield area, or
358 an urban infill area; , and the developer must agree to set aside
359 at least 20 percent of the square footage of the project for
360 low-income and moderate-income housing.
361 d. “Substantially completed” has the same meaning as
362 provided in s. 192.042(1).
363 2. Building materials used in the construction of a housing
364 project or mixed-use project are exempt from the tax imposed by
365 this chapter upon an affirmative showing to the satisfaction of
366 the department that the requirements of this paragraph have been
367 met. This exemption inures to the owner through a refund of
368 previously paid taxes. To receive this refund, the owner must
369 file an application under oath with the department which
371 a. The name and address of the owner.
372 b. The address and assessment roll parcel number of the
373 project for which a refund is sought.
374 c. A copy of the building permit issued for the project.
375 d. A certification by the local building code inspector
376 that the project is substantially completed.
377 e. A sworn statement, under penalty of perjury, from the
378 general contractor licensed in this state with whom the owner
379 contracted to construct the project, which statement lists the
380 building materials used in the construction of the project and
381 the actual cost thereof, and the amount of sales tax paid on
382 these materials. If a general contractor was not used, the owner
383 shall provide this information in a sworn statement, under
384 penalty of perjury. Copies of invoices evidencing payment of
385 sales tax must be attached to the sworn statement.
386 3. An application for a refund under this paragraph must be
387 submitted to the department within 6 months after the date the
388 project is deemed to be substantially completed by the local
389 building code inspector. Within 30 working days after receipt of
390 the application, the department shall determine if it meets the
391 requirements of this paragraph. A refund approved pursuant to
392 this paragraph shall be made within 30 days after formal
393 approval of the application by the department.
394 4. The department shall establish by rule an application
395 form and criteria for establishing eligibility for exemption
396 under this paragraph.
397 5. The exemption shall apply to purchases of materials on
398 or after July 1, 2000.
399 Section 4. The amendments to sections 212.08 and 288.107,
400 Florida Statutes, made by this act do not apply to building
401 materials purchased before the effective date of this act or to
402 contracts for brownfield redevelopment bonus refunds executed by
403 the Department of Economic Opportunity or Enterprise Florida,
404 Inc., before the effective date of this act.
405 Section 5. Contingent upon the repeal of s. 220.63(5),
406 Florida Statutes, by the enactment of SB 306 or similar
407 legislation, paragraph (d) of subsection (6) of section 212.20,
408 Florida Statutes, is amended to read:
409 212.20 Funds collected, disposition; additional powers of
410 department; operational expense; refund of taxes adjudicated
411 unconstitutionally collected.—
412 (6) Distribution of all proceeds under this chapter and s.
413 202.18(1)(b) and (2)(b) shall be as follows:
414 (d) The proceeds of all other taxes and fees imposed
415 pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
416 and (2)(b) shall be distributed as follows:
417 1. In any fiscal year, the greater of $500 million, minus
418 an amount equal to 4.6 percent of the proceeds of the taxes
419 collected pursuant to chapter 201, or 5.2 percent of all other
420 taxes and fees imposed pursuant to this chapter or remitted
421 pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
422 monthly installments into the General Revenue Fund.
423 2. After the distribution under subparagraph 1., 8.814
424 percent of the amount remitted by a sales tax dealer located
425 within a participating county pursuant to s. 218.61 shall be
426 transferred into the Local Government Half-cent Sales Tax
427 Clearing Trust Fund. Beginning July 1, 2003, the amount to be
428 transferred shall be reduced by 0.1 percent, and the department
429 shall distribute this amount to the Public Employees Relations
430 Commission Trust Fund less $5,000 each month, which shall be
431 added to the amount calculated in subparagraph 3. and
432 distributed accordingly.
433 3. After the distribution under subparagraphs 1. and 2.,
434 0.095 percent shall be transferred to the Local Government Half
435 cent Sales Tax Clearing Trust Fund and distributed pursuant to
436 s. 218.65.
437 4. After the distributions under subparagraphs 1., 2., and
438 3., 2.0440 percent of the available proceeds shall be
439 transferred monthly to the Revenue Sharing Trust Fund for
440 Counties pursuant to s. 218.215.
441 5. After the distributions under subparagraphs 1., 2., and
442 3., 1.3409 percent of the available proceeds shall be
443 transferred monthly to the Revenue Sharing Trust Fund for
444 Municipalities pursuant to s. 218.215. If the total revenue to
445 be distributed pursuant to this subparagraph is at least as
446 great as the amount due from the Revenue Sharing Trust Fund for
447 Municipalities and the former Municipal Financial Assistance
448 Trust Fund in state fiscal year 1999-2000, no municipality shall
449 receive less than the amount due from the Revenue Sharing Trust
450 Fund for Municipalities and the former Municipal Financial
451 Assistance Trust Fund in state fiscal year 1999-2000. If the
452 total proceeds to be distributed are less than the amount
453 received in combination from the Revenue Sharing Trust Fund for
454 Municipalities and the former Municipal Financial Assistance
455 Trust Fund in state fiscal year 1999-2000, each municipality
456 shall receive an amount proportionate to the amount it was due
457 in state fiscal year 1999-2000.
458 6. Of the remaining proceeds:
459 a. In each fiscal year, the sum of $29,915,500 shall be
460 divided into as many equal parts as there are counties in the
461 state, and one part shall be distributed to each county. The
462 distribution among the several counties must begin each fiscal
463 year on or before January 5th and continue monthly for a total
464 of 4 months. If a local or special law required that any moneys
465 accruing to a county in fiscal year 1999-2000 under the then
466 existing provisions of s. 550.135 be paid directly to the
467 district school board, special district, or a municipal
468 government, such payment must continue until the local or
469 special law is amended or repealed. The state covenants with
470 holders of bonds or other instruments of indebtedness issued by
471 local governments, special districts, or district school boards
472 before July 1, 2000, that it is not the intent of this
473 subparagraph to adversely affect the rights of those holders or
474 relieve local governments, special districts, or district school
475 boards of the duty to meet their obligations as a result of
476 previous pledges or assignments or trusts entered into which
477 obligated funds received from the distribution to county
478 governments under then-existing s. 550.135. This distribution
479 specifically is in lieu of funds distributed under s. 550.135
480 before July 1, 2000.
481 b. The department shall distribute $166,667 monthly
482 pursuant to s. 288.1162 to each applicant certified as a
483 facility for a new or retained professional sports franchise
484 pursuant to s. 288.1162. Up to $41,667 shall be distributed
485 monthly by the department to each certified applicant as defined
486 in s. 288.11621 for a facility for a spring training franchise.
487 However, not more than $416,670 may be distributed monthly in
488 the aggregate to all certified applicants for facilities for
489 spring training franchises. Distributions begin 60 days after
490 such certification and continue for not more than 30 years,
491 except as otherwise provided in s. 288.11621. A certified
492 applicant identified in this sub-subparagraph may not receive
493 more in distributions than expended by the applicant for the
494 public purposes provided for in s. 288.1162(5) or s.
496 c. Beginning 30 days after notice by the Department of
497 Economic Opportunity to the Department of Revenue that an
498 applicant has been certified as the professional golf hall of
499 fame pursuant to s. 288.1168 and is open to the public, $166,667
500 shall be distributed monthly, for up to 300 months, to the
502 d. Beginning 30 days after notice by the Department of
503 Economic Opportunity to the Department of Revenue that the
504 applicant has been certified as the International Game Fish
505 Association World Center facility pursuant to s. 288.1169, and
506 the facility is open to the public, $83,333 shall be distributed
507 monthly, for up to 168 months, to the applicant. This
508 distribution is subject to reduction pursuant to s. 288.1169. A
509 lump sum payment of $999,996 shall be made, after certification
510 and before July 1, 2000.
511 e. The department shall distribute up to $55,555 monthly to
512 each certified applicant as defined in s. 288.11631 for a
513 facility used by a single spring training franchise, or up to
514 $111,110 monthly to each certified applicant as defined in s.
515 288.11631 for a facility used by more than one spring training
516 franchise. Distributions begin 60 days after such certification
517 and continue for not more than 30 years, except as otherwise
518 provided in s. 288.11631. A certified applicant identified in
519 this sub-subparagraph may not receive more in distributions than
520 expended by the applicant for the public purposes provided in s.
522 7. All other proceeds must remain in the General Revenue
524 Section 6. Paragraph (bb) is added to subsection (8) of
525 section 213.053, Florida Statutes, to read:
526 213.053 Confidentiality and information sharing.—
527 (8) Notwithstanding any other provision of this section,
528 the department may provide:
529 (bb) Information to the director of the Office of Program
530 Policy Analysis and Government Accountability or his or her
531 authorized agent, and to the coordinator of the Office of
532 Economic and Demographic Research or his or her authorized
533 agent, for purposes of completing the Economic Development
534 Programs Evaluation. Information obtained from the department
535 pursuant to this paragraph may be shared by the director and the
536 coordinator, or the director’s or coordinator’s authorized
537 agent, for purposes of completing the Economic Development
538 Programs Evaluation.
540 Disclosure of information under this subsection shall be
541 pursuant to a written agreement between the executive director
542 and the agency. Such agencies, governmental or nongovernmental,
543 shall be bound by the same requirements of confidentiality as
544 the Department of Revenue. Breach of confidentiality is a
545 misdemeanor of the first degree, punishable as provided by s.
546 775.082 or s. 775.083.
547 Section 7. Subsection (9) of section 220.194, Florida
548 Statutes, is amended to read:
549 220.194 Corporate income tax credits for spaceflight
551 (9) ANNUAL REPORT.—Beginning in 2014, the Department of
552 Economic Opportunity, in cooperation with Space Florida and the
553 department, shall include in the submit an annual incentives
554 report required under s. 288.907 a summary of summarizing
555 activities relating to the Florida Space Business Incentives Act
556 established under this section to the Governor, the President of
557 the Senate, and the Speaker of the House of Representatives by
558 each November 30.
559 Section 8. Subsection (4) is added to section 288.005,
560 Florida Statutes, to read:
561 288.005 Definitions.—As used in this chapter, the term:
562 (4) “Jobs” means full-time equivalent positions, including,
563 but not limited to, positions obtained from a temporary
564 employment agency or employee leasing company or through a union
565 agreement or coemployment under a professional employer
566 organization agreement, which result directly from a project in
567 this state. This number does not include temporary construction
568 jobs involved with the construction of facilities for the
570 Section 9. Subsection (3) of section 288.012, Florida
571 Statutes, is amended to read:
572 288.012 State of Florida international offices; state
573 protocol officer; protocol manual.—The Legislature finds that
574 the expansion of international trade and tourism is vital to the
575 overall health and growth of the economy of this state. This
576 expansion is hampered by the lack of technical and business
577 assistance, financial assistance, and information services for
578 businesses in this state. The Legislature finds that these
579 businesses could be assisted by providing these services at
580 State of Florida international offices. The Legislature further
581 finds that the accessibility and provision of services at these
582 offices can be enhanced through cooperative agreements or
583 strategic alliances between private businesses and state, local,
584 and international governmental entities.
585 (3) By October 1 of each year, Each international office
586 shall submit to Enterprise Florida, Inc., the department a
587 complete and detailed report on its activities and
588 accomplishments during the preceding fiscal year for inclusion
589 in the annual report required under s. 288.906. In a format
590 provided by Enterprise Florida, Inc., the report must set forth
591 information on:
592 (a) The number of Florida companies assisted.
593 (b) The number of inquiries received about investment
594 opportunities in this state.
595 (c) The number of trade leads generated.
596 (d) The number of investment projects announced.
597 (e) The estimated U.S. dollar value of sales confirmations.
598 (f) The number of representation agreements.
599 (g) The number of company consultations.
600 (h) Barriers or other issues affecting the effective
601 operation of the office.
602 (i) Changes in office operations which are planned for the
603 current fiscal year.
604 (j) Marketing activities conducted.
605 (k) Strategic alliances formed with organizations in the
606 country in which the office is located.
607 (l) Activities conducted with Florida’s other international
609 (m) Any other information that the office believes would
610 contribute to an understanding of its activities.
611 Section 10. Present subsections (2) and (3) of section
612 288.061, Florida Statutes, are renumbered as subsections (3) and
613 (4), respectively, and a new subsection (2) and subsection (5)
614 are added to that section, to read:
615 288.061 Economic development incentive application
617 (2) Beginning July 1, 2013, the department shall review and
618 evaluate each economic development incentive application for the
619 economic benefits of the proposed award of state incentives
620 proposed for the project. The term “economic benefits” has the
621 same meaning as in s. 288.005. The Office of Economic and
622 Demographic Research shall review and evaluate the methodology
623 and model used to calculate the economic benefits. For purposes
624 of this requirement, an amended definition of economic benefits
625 may be developed in conjunction with the Office of Economic and
626 Demographic Research. The Office of Economic and Demographic
627 Research shall report on the methodology and model by September
628 1, 2013, and every third year thereafter, to the President of
629 the Senate and the Speaker of the House of Representatives.
630 (5)(a) The executive director may not approve an economic
631 development incentive application unless the application
632 includes a signed written declaration by the applicant which
633 states that the applicant has read the information in the
634 application and that the information is true, correct, and
635 complete to the best of the applicant’s knowledge and belief.
636 (b) After an economic development incentive application is
637 approved, the awardee shall provide, in each year that the
638 department is required to validate contractor performance, a
639 signed written declaration. The written declaration must state
640 that the awardee has reviewed the information and that the
641 information is true, correct, and complete to the best of the
642 awardee’s knowledge and belief.
643 Section 11. Subsection (8) of section 288.0656, Florida
644 Statutes, is amended to read:
645 288.0656 Rural Economic Development Initiative.—
646 (8) REDI shall submit a report to the Governor, the
647 President of the Senate, and the Speaker of the House of
648 Representatives each year on or before September 1 on all REDI
649 activities for the prior fiscal year as a supplement to the
650 annual report required under s. 20.60. This report must shall
651 include a status report on all projects currently being
652 coordinated through REDI, the number of preferential awards and
653 allowances made pursuant to this section, the dollar amount of
654 such awards, and the names of the recipients. The report must
655 shall also include a description of all waivers of program
656 requirements granted. The report must shall also include
657 information as to the economic impact of the projects
658 coordinated by REDI, and recommendations based on the review and
659 evaluation of statutes and rules having an adverse impact on
660 rural communities, and proposals to mitigate such adverse
662 Section 12. Section 288.076, Florida Statutes, is created
663 to read:
664 288.076 Return on investment reporting for economic
665 development programs.—
666 (1) As used in this section, the term:
667 (a) “Jobs” has the same meaning as provided in s. 288.106.
668 (b) “Participant business” means an employing unit, as
669 defined in s. 443.036, that has entered into an agreement with
670 the department to receive a state investment.
671 (c) “Project” has the same meaning as provided in s.
673 (d) “Project award date” means the date a participant
674 business enters into an agreement with the department to receive
675 a state investment.
676 (e) “State investment” means any state grants, tax
677 exemptions, tax refunds, tax credits, or other state incentives
678 provided to a business under a program administered by the
679 department, including the capital investment tax credit under s.
681 (2) The department shall maintain a website for the purpose
682 of publishing the information described in this section. The
683 information required to be published under this section must be
684 provided in a format accessible to the public which enables
685 users to search for and sort specific data and to easily view
686 and retrieve all data at once.
687 (3) Within 48 hours after expiration of the period of
688 confidentiality for project information deemed confidential and
689 exempt pursuant to s. 288.075, the department shall publish the
690 following information pertaining to each project:
691 (a) Projected economic benefits.—The projected economic
692 benefits at the time of the initial project award date.
693 (b) Project information.—
694 1. The program or programs through which state investment
695 is being made.
696 2. The maximum potential cumulative state investment in the
698 3. The target industry or industries, and any high impact
699 sectors implicated by the project.
700 4. The county or counties that will be impacted by the
702 5. The total cumulative local financial commitment and in
703 kind support for the project.
704 (c) Participant business information.—
705 1. The location of the headquarters of the participant
706 business or, if a subsidiary, the headquarters of the parent
708 2. The firm size class of the participant business, or
709 where owned by a parent company the firm size class of the
710 participant business’s parent company, using the firm size
711 classes established by the United States Department of Labor
712 Bureau of Labor Statistics, and whether the participant business
713 qualifies as a small business as defined in s. 288.703.
714 3. The date of the project award.
715 4. The expected duration of the contract.
716 5. The anticipated dates when the participant business will
717 claim the last state investment.
718 (d) Project evaluation criteria.—
719 1. Economic benefits generated by the project.
720 2. The net indirect and induced incremental jobs to be
721 generated by the project.
722 3. The net indirect and induced incremental capital
723 investment to be generated by the project.
724 4. The net indirect and induced incremental tax revenue
725 paid to the state to be generated by the project.
726 (e) Project performance goals.—
727 1. The incremental direct jobs attributable to the project,
728 identifying the number of jobs generated and the number of jobs
730 2. The number of jobs generated and the number of jobs
731 retained by the project, and for projects commencing after
732 October 1, 2013, the median annual wage of persons holding such
734 3. The incremental direct capital investment in the state
735 generated by the project.
736 4. The incremental projected tax revenue to the state paid
737 by the participant business for the project.
738 (f) Total state investment to date.—The total amount of
739 state investment disbursed to the participant business to date
740 under the terms of the contract, itemized by incentive program.
741 (4) The department shall use methodology and formulas
742 established by the Office of Economic and Demographic Research
743 to calculate the economic benefits of each project. The
744 department shall calculate and publish on its website the
745 economic benefits of each project within 48 hours after the
746 conclusion of the agreement between each participant business
747 and the department. The Office of Economic and Demographic
748 Research shall provide a description of the methodology and
749 formulas used to calculate the economic benefits of a project to
750 the department, and the department must publish the information
751 on its website within 48 hours after receiving such information.
752 (5) At least annually, from the project award date, the
753 department shall:
754 (a) Publish verified results to update the information
755 described in paragraphs (3)(b)-(f) to accurately reflect any
756 changes in the published information since the project award
758 (b) Publish on its website the date on which the
759 information collected and published for each project was last
761 (6) Annually, the department shall publish information
762 relating to the progress of Quick Action Closing Fund projects,
763 including the average number of days between the date the
764 department receives a completed application and the date on
765 which the application is approved.
766 (7) The department shall publish the following documents at
767 the times specified herein:
768 (a) Within 48 hours after expiration of the period of
769 confidentiality provided under s. 288.075, the department shall
770 publish the contract or agreement described in s. 288.061. The
771 contract or agreement must be redacted to protect the
772 participant business from disclosure of information that remains
773 confidential or exempt by law.
774 (b) Within 48 hours after submitting any report of findings
775 and recommendations made pursuant to s. 288.106(7)(d) concerning
776 a business’s failure to complete a tax refund agreement pursuant
777 to the tax refund program for qualified target industry
778 businesses, the department shall publish such report.
779 (8) For projects completed before October 1, 2013, the
780 department shall compile and, by October 1, 2014, shall publish
781 the information described in subsections (3), (4), and (5), to
782 the extent such information is available and applicable.
783 (9) The provisions of this section that restrict the
784 department’s publication of information are intended only to
785 limit the information that the department may publish on its
786 website and shall not be construed to create an exemption from
787 public records requirements under s. 119.07(1) or s. 24(a), Art.
788 I of the State Constitution.
789 (10) The department may adopt rules to administer this
791 Section 13. Paragraph (c) of subsection (3) of section
792 288.095, Florida Statutes, is repealed.
793 Section 14. Paragraph (c) of subsection (4) and paragraph
794 (d) of subsection (7) of section 288.106, Florida Statutes, are
795 amended to read:
796 288.106 Tax refund program for qualified target industry
798 (4) APPLICATION AND APPROVAL PROCESS.—
799 (c) Each application meeting the requirements of paragraph
800 (b) must be submitted to the department for determination of
801 eligibility. The department shall review and evaluate each
802 application based on, but not limited to, the following
804 1. Expected contributions to the state’s economy,
805 consistent with the state strategic economic development plan
806 prepared by the department.
807 2. The economic benefits of the proposed award of tax
808 refunds under this section and the economic benefits of state
809 incentives proposed for the project. The term “economic
810 benefits” has the same meaning as in s. 288.005 . The Office of
811 Economic and Demographic Research shall review and evaluate the
812 methodology and model used to calculate the economic benefits
813 and shall report its findings by September 1 of every 3rd year,
814 to the President of the Senate and the Speaker of the House of
815 Representatives .
816 3. The amount of capital investment to be made by the
817 applicant in this state.
818 4. The local financial commitment and support for the
820 5. The expected effect of the project on the unemployed and
821 underemployed unemployment rate in the county where the project
822 will be located.
823 6. The expected effect of the award on the viability of the
824 project and the probability that the project would be undertaken
825 in this state if such tax refunds are granted to the applicant.
826 7. The expected long-term commitment of the applicant to
827 economic growth and employment in this state resulting from the
829 7. 8. A review of the business’s past activities in this
830 state or other states, including whether the such business has
831 been subjected to criminal or civil fines and penalties and
832 whether the business received economic development incentives in
833 other states and the results of such incentive agreements. This
834 subparagraph does not require the disclosure of confidential
836 (7) ADMINISTRATION.—
837 (d) Beginning with tax refund agreements signed after July
838 1, 2010, the department shall attempt to ascertain the causes
839 for any business’s failure to complete its agreement and shall
840 report its findings and recommendations must be included in the
841 annual incentives report under s. 288.907 to the Governor, the
842 President of the Senate, and the Speaker of the House of
843 Representatives. The report shall be submitted by December 1 of
844 each year beginning in 2011.
845 Section 15. Paragraphs (c) and (d) of subsection (1),
846 subsections (2) and (3), and paragraphs (a), (b), and (f) of
847 subsection (4) of section 288.107, Florida Statutes, are amended
848 to read:
849 288.107 Brownfield redevelopment bonus refunds.—
850 (1) DEFINITIONS.—As used in this section:
851 (c) “Brownfield area eligible for bonus refunds” means a
852 brownfield site for which a rehabilitation agreement with the
853 Department of Environmental Protection or a local government
854 delegated by the Department of Environmental Protection has been
855 executed under s. 376.80 and any abutting real property parcel
856 within a brownfield contiguous area of one or more brownfield
857 sites, some of which may not be contaminated, and which has been
858 designated by a local government by resolution under s. 376.80.
859 Such areas may include all or portions of community
860 redevelopment areas, enterprise zones, empowerment zones, other
861 such designated economically deprived communities and areas, and
862 Environmental-Protection-Agency-designated brownfield pilot
864 (d) “Eligible business” means:
865 1. A qualified target industry business as defined in s.
866 288.106(2); or
867 2. A business that can demonstrate a fixed capital
868 investment of at least $2 million in mixed-use business
869 activities, including multiunit housing, commercial, retail, and
870 industrial in brownfield areas eligible for bonus refunds, or at
871 least $500,000 in brownfield areas that do not require site
872 cleanup, and that provides benefits to its employees.
873 (2) BROWNFIELD REDEVELOPMENT BONUS REFUND.—Bonus refunds
874 shall be approved by the department as specified in the final
875 order and allowed from the account as follows:
876 (a) A bonus refund of $2,500 shall be allowed to any
877 qualified target industry business as defined in s. 288.106 for
878 each new Florida job created in a brownfield area eligible for
879 bonus refunds which that is claimed on the qualified target
880 industry business’s annual refund claim authorized in s.
882 (b) A bonus refund of up to $2,500 shall be allowed to any
883 other eligible business as defined in subparagraph (1)(d)2. for
884 each new Florida job created in a brownfield area eligible for
885 bonus refunds which that is claimed under an annual claim
886 procedure similar to the annual refund claim authorized in s.
887 288.106(6). The amount of the refund shall be equal to 20
888 percent of the average annual wage for the jobs created.
889 (3) CRITERIA.—The minimum criteria for participation in the
890 brownfield redevelopment bonus refund are:
891 (a) The creation of at least 10 new full-time permanent
892 jobs. Such jobs shall not include construction or site
893 rehabilitation jobs associated with the implementation of a
894 brownfield site agreement as described in s. 376.80(5).
895 (b) The completion of a fixed capital investment of at
896 least $2 million in mixed-use business activities, including
897 multiunit housing, commercial, retail, and industrial in
898 brownfield areas eligible for bonus refunds, or at least
899 $500,000 in brownfield areas that do not require site cleanup,
900 by an eligible business applying for a refund under paragraph
901 (2)(b) which provides benefits to its employees.
902 (c) That the designation as a brownfield will diversify and
903 strengthen the economy of the area surrounding the site.
904 (d) That the designation as a brownfield will promote
905 capital investment in the area beyond that contemplated for the
906 rehabilitation of the site.
907 (e) A resolution adopted by the governing board of the
908 county or municipality in which the project will be located that
909 recommends that certain types of businesses be approved.
910 (4) PAYMENT OF BROWNFIELD REDEVELOPMENT BONUS REFUNDS.—
911 (a) To be eligible to receive a bonus refund for new
912 Florida jobs created in a brownfield area eligible for bonus
913 refunds, a business must have been certified as a qualified
914 target industry business under s. 288.106 or eligible business
915 as defined in paragraph (1)(d) and must have indicated on the
916 qualified target industry business tax refund application form
917 submitted in accordance with s. 288.106(4) or other similar
918 agreement for other eligible business as defined in paragraph
919 (1)(d) that the project for which the application is submitted
920 is or will be located in a brownfield area eligible for bonus
921 refunds and that the business is applying for certification as a
922 qualified brownfield business under this section, and must have
923 signed a qualified target industry business tax refund agreement
924 with the department that indicates that the business has been
925 certified as a qualified target industry business located in a
926 brownfield area eligible for bonus refunds and specifies the
927 schedule of brownfield redevelopment bonus refunds that the
928 business may be eligible to receive in each fiscal year.
929 (b) To be considered to receive an eligible brownfield
930 redevelopment bonus refund payment, the business meeting the
931 requirements of paragraph (a) must submit a claim once each
932 fiscal year on a claim form approved by the department which
933 indicates the location of the brownfield site for which a
934 rehabilitation agreement with the Department of Environmental
935 Protection or a local government delegated by the Department of
936 Environmental Protection has been executed under s. 376.80, the
937 address of the business facility’s brownfield location, the name
938 of the brownfield in which it is located, the number of jobs
939 created, and the average wage of the jobs created by the
940 business within the brownfield as defined in s. 288.106 or other
941 eligible business as defined in paragraph (1)(d) and the
942 administrative rules and policies for that section.
943 (f) Applications shall be reviewed and certified pursuant
944 to s. 288.061. The department shall review all applications
945 submitted under s. 288.106 or other similar application forms
946 for other eligible businesses as defined in paragraph (1)(d)
947 which indicate that the proposed project will be located in a
948 brownfield area eligible for bonus refunds and determine, with
949 the assistance of the Department of Environmental Protection,
950 that the project location is within a brownfield area eligible
951 for bonus refunds as provided in this act.
952 Section 16. Subsection (8) of section 288.1081, Florida
953 Statutes, is amended to read:
954 288.1081 Economic Gardening Business Loan Pilot Program.—
955 (8) The annual report required under s. 20.60 must describe
956 On June 30 and December 31 of each year, the department shall
957 submit a report to the Governor, the President of the Senate,
958 and the Speaker of the House of Representatives which describes
959 in detail the use of the loan funds. The report must include, at
960 a minimum, the number of businesses receiving loans, the number
961 of full-time equivalent jobs created as a result of the loans,
962 the amount of wages paid to employees in the newly created jobs,
963 the locations and types of economic activity undertaken by the
964 borrowers, the amounts of loan repayments made to date, and the
965 default rate of borrowers.
966 Section 17. Subsection (8) of section 288.1082, Florida
967 Statutes, is amended to read:
968 288.1082 Economic Gardening Technical Assistance Pilot
970 (8) The annual report required under s. 20.60 must describe
971 On December 31 of each year, the department shall submit a
972 report to the Governor, the President of the Senate, and the
973 Speaker of the House of Representatives which describes in
974 detail the progress of the pilot program. The report must
975 include, at a minimum, the number of businesses receiving
976 assistance, the number of full-time equivalent jobs created as a
977 result of the assistance, if any, the amount of wages paid to
978 employees in the newly created jobs, and the locations and types
979 of economic activity undertaken by the businesses.
980 Section 18. Paragraph (e) of subsection (3) of section
981 288.1088, Florida Statutes, is amended to read:
982 288.1088 Quick Action Closing Fund.—
984 (e) The department Enterprise Florida, Inc., shall validate
985 contractor performance. Such validation shall be reported in the
986 annual incentives report required under s. 288.907 within 6
987 months after completion of the contract to the Governor,
988 President of the Senate, and the Speaker of the House of
990 Section 19. Paragraphs (b) and (d) of subsection (4), and
991 subsections (9) and (11) of section 288.1089, Florida Statutes,
992 are amended to read:
993 288.1089 Innovation Incentive Program.—
994 (4) To qualify for review by the department, the applicant
995 must, at a minimum, establish the following to the satisfaction
996 of the department:
997 (b) A research and development project must:
998 1. Serve as a catalyst for an emerging or evolving
999 technology cluster.
1000 2. Demonstrate a plan for significant higher education
1002 3. Provide the state, at a minimum, a cumulative break-even
1003 economic benefit return on investment within a 20-year period.
1004 4. Be provided with a one-to-one match from the local
1005 community. The match requirement may be reduced or waived in
1006 rural areas of critical economic concern or reduced in rural
1007 areas, brownfield areas, and enterprise zones.
1008 (d) For an alternative and renewable energy project in this
1009 state, the project must:
1010 1. Demonstrate a plan for significant collaboration with an
1011 institution of higher education;
1012 2. Provide the state, at a minimum, a cumulative break-even
1013 economic benefit return on investment within a 20-year period;
1014 3. Include matching funds provided by the applicant or
1015 other available sources. The match requirement may be reduced or
1016 waived in rural areas of critical economic concern or reduced in
1017 rural areas, brownfield areas, and enterprise zones;
1018 4. Be located in this state; and
1019 5. Provide at least 35 direct, new jobs that pay an
1020 estimated annual average wage that equals at least 130 percent
1021 of the average private sector wage.
1022 (9) The department shall validate the performance of an
1023 innovation business, a research and development facility, or an
1024 alternative and renewable energy business that has received an
1025 award. At the conclusion of the innovation incentive award
1026 agreement, or its earlier termination, the department shall ,
1027 within 90 days, submit, as part of the annual incentives report
1028 required under s. 288.907, a report to the Governor, the
1029 President of the Senate, and the Speaker of the House of
1030 Representatives detailing whether the recipient of the
1031 innovation incentive grant achieved its specified outcomes.
1032 (11) (a) The department shall submit to the Governor, the
1033 President of the Senate, and the Speaker of the House of
1034 Representatives, as part of the annual incentives report
1035 required under s. 288.907, a report summarizing the activities
1036 and accomplishments of the recipients of grants from the
1037 Innovation Incentive Program during the previous 12 months and
1038 an evaluation of whether the recipients are catalysts for
1039 additional direct and indirect economic development in Florida.
1040 (b) Beginning March 1, 2010, and every third year
1041 thereafter, the Office of Program Policy Analysis and Government
1042 Accountability, in consultation with the Auditor General’s
1043 Office, shall release a report evaluating the Innovation
1044 Incentive Program’s progress toward creating clusters of high
1045 wage, high-skilled, complementary industries that serve as
1046 catalysts for economic growth specifically in the regions in
1047 which they are located, and generally for the state as a whole.
1048 Such report should include critical analyses of quarterly and
1049 annual reports, annual audits, and other documents prepared by
1050 the Innovation Incentive Program awardees; relevant economic
1051 development reports prepared by the department, Enterprise
1052 Florida, Inc., and local or regional economic development
1053 organizations; interviews with the parties involved; and any
1054 other relevant data. Such report should also include legislative
1055 recommendations, if necessary, on how to improve the Innovation
1056 Incentive Program so that the program reaches its anticipated
1057 potential as a catalyst for direct and indirect economic
1058 development in this state.
1059 Section 20. Contingent upon the repeal of s. 220.63(5),
1060 Florida Statutes, by the enactment of SB 306 or similar
1061 legislation, section 288.11631, Florida Statutes, is created to
1063 288.11631 Retention of Major League Baseball spring
1064 training baseball franchises.—
1065 (1) DEFINITIONS.—As used in this section, the term:
1066 (a) “Agreement” means a certified, signed lease between an
1067 applicant that applies for certification on or after July 1,
1068 2013, and a spring training franchise for the use of a facility.
1069 (b) “Applicant” means a unit of local government as defined
1070 in s. 218.369, including a local government located in the same
1071 county, which has partnered with a certified applicant before
1072 the effective date of this section or with an applicant for a
1073 new certification, for purposes of sharing in the
1074 responsibilities of a facility.
1075 (c) “Certified applicant” means a facility for a spring
1076 training franchise or a unit of local government that is
1077 certified under this section.
1078 (d) “Facility” means a spring training stadium, playing
1079 fields, and appurtenances intended to support spring training
1081 (e) “Local funds” and “local matching funds” mean funds
1082 provided by a county, municipality, or other local government.
1083 (2) CERTIFICATION PROCESS.—
1084 (a) Before certifying an applicant to receive state funding
1085 for a facility for a spring training franchise, the department
1086 must verify that:
1087 1. The applicant is responsible for the construction or
1088 renovation of the facility for a spring training franchise or
1089 holds title to the property on which the facility for a spring
1090 training franchise is located.
1091 2. The applicant has a certified copy of a signed agreement
1092 with a spring training franchise. The signed agreement with a
1093 spring training franchise for the use of a facility must, at a
1094 minimum, be equal to the length of the term of the bonds issued
1095 for the public purpose of constructing or renovating a facility
1096 for a spring training franchise. If no such bonds are issued for
1097 the public purpose of constructing or renovating a facility for
1098 a spring training franchise, the signed agreement with a spring
1099 training franchise for the use of a facility must be for at
1100 least 20 years. Any such agreement with a spring training
1101 franchise for the use of a facility cannot be signed more than 3
1102 years before the expiration of any existing agreement with a
1103 spring training franchise for the use of a facility. The
1104 agreement must also require the franchise to reimburse the state
1105 for state funds expended by an applicant under this section if
1106 the franchise relocates before the agreement expires. The
1107 agreement may be contingent on an award of funds under this
1108 section and other conditions precedent.
1109 3. The applicant has made a financial commitment to provide
1110 50 percent or more of the funds required by an agreement for the
1111 construction or renovation of the facility for a spring training
1112 franchise. The commitment may be contingent upon an award of
1113 funds under this section and other conditions precedent.
1114 4. The applicant demonstrates that the facility for a
1115 spring training franchise will attract a paid attendance of at
1116 least 50,000 persons annually to the spring training games.
1117 5. The facility for a spring training franchise is located
1118 in a county that levies a tourist development tax under s.
1120 (b) The department shall evaluate applications for state
1121 funding of the construction or renovation of the facility for a
1122 spring training franchise. The evaluation criteria must include
1123 the following items:
1124 1. The anticipated effect on the economy of the local
1125 community where the facility is to be constructed or renovated,
1126 including projections on paid attendance, local and state tax
1127 collections generated by spring training games, and direct and
1128 indirect job creation resulting from the spring training
1130 2. The amount of the local matching funds committed to a
1131 facility relative to the amount of state funding sought.
1132 3. The potential for the facility to be used as a multiple
1133 purpose, year-round facility.
1134 4. The intended use of the funds by the applicant.
1135 5. The length of time that a spring training franchise has
1136 been under an agreement to conduct spring training activities
1137 within an applicant’s geographic location or jurisdiction.
1138 6. The length of time that an applicant’s facility has been
1139 used by one or more spring training franchises, including
1140 continuous use as facilities for spring training.
1141 7. The term remaining on a lease between an applicant and a
1142 spring training franchise for a facility.
1143 8. The length of time that a spring training franchise
1144 agrees to use an applicant’s facility if an application is
1145 granted under this section.
1146 9. The location of the facility in a brownfield, an
1147 enterprise zone, a community redevelopment area, or other area
1148 of targeted development or revitalization included in an urban
1149 infill redevelopment plan.
1150 (c) Each applicant certified on or after July 1, 2013,
1151 shall enter into an agreement with the department which:
1152 1. Specifies the amount of the state incentive funding to
1153 be distributed. The amount of state incentive funding per
1154 certified applicant may not exceed $20 million. However, if a
1155 certified applicant has more than one spring training franchise,
1156 the maximum amount may not exceed $40 million.
1157 2. States the criteria that the certified applicant must
1158 meet in order to remain certified. These criteria must include a
1159 provision stating that the spring training franchise must
1160 reimburse the state for any funds received if the franchise does
1161 not comply with the terms of the contract.
1162 3. States that the certified applicant is subject to
1163 decertification if the certified applicant fails to comply with
1164 this section or the agreement.
1165 4. States that the department may recover state incentive
1166 funds if the certified applicant is decertified.
1167 5. Specifies the information that the certified applicant
1168 must report to the department.
1169 6. Includes any provision deemed prudent by the department.
1170 (3) USE OF FUNDS.—
1171 (a) A certified applicant may use funds provided under s.
1172 212.20(6)(d)6.e. only to:
1173 1. Serve the public purpose of constructing or renovating a
1174 facility for a spring training franchise.
1175 2. Pay or pledge for the payment of debt service on, or to
1176 fund debt service reserve funds, arbitrage rebate obligations,
1177 or other amounts payable with respect thereto, bonds issued for
1178 the construction or renovation of such facility, or for the
1179 reimbursement of such costs or the refinancing of bonds issued
1180 for such purposes.
1181 (b) State funds awarded to a certified applicant for a
1182 facility for a spring training franchise may not be used to
1183 subsidize facilities that are privately owned by, maintained by,
1184 and used exclusively by a spring training franchise.
1185 (c) The Department of Revenue may not distribute funds to
1186 an applicant certified on or after July 1, 2013, until it
1187 receives notice from the department that the certified applicant
1188 has encumbered funds under subparagraph (a)2.
1189 (d)1. All certified applicants shall place unexpended state
1190 funds received pursuant to s. 212.20(6)(d)6.e. in a trust fund
1191 or separate account for use only as authorized in this section.
1192 2. A certified applicant may request that the Department of
1193 Revenue suspend further distributions of state funds made
1194 available under s. 212.20(6)(d)6.e. for 12 months after
1195 expiration of an existing agreement with a spring training
1196 franchise to provide the certified applicant with an opportunity
1197 to enter into a new agreement with a spring training franchise,
1198 at which time the distributions shall resume.
1199 3. The expenditure of state funds distributed to an
1200 applicant certified after July 1, 2013, must begin within 48
1201 months after the initial receipt of the state funds. In
1202 addition, the construction or renovation of a spring training
1203 facility must be completed within 24 months after the project’s
1205 (4) ANNUAL REPORTS.—
1206 (a) On or before September 1 of each year, a certified
1207 applicant shall submit to the department a report that includes,
1208 but is not limited to:
1209 1. A detailed accounting of all local and state funds
1210 expended to date on the project financed under this section.
1211 2. A copy of the contract between the certified local
1212 governmental entity and the spring training franchise.
1213 3. A cost-benefit analysis of the team’s impact on the
1215 4. Evidence that the certified applicant continues to meet
1216 the criteria in effect when the applicant was certified.
1217 (b) The department shall compile the information received
1218 from each certified applicant and publish the information
1219 annually by November 1.
1220 (5) DECERTIFICATION.—
1221 (a) The department shall decertify a certified applicant
1222 upon the request of the certified applicant.
1223 (b) The department shall decertify a certified applicant if
1224 the certified applicant does not:
1225 1. Have a valid agreement with a spring training franchise;
1227 2. Satisfy its commitment to provide local matching funds
1228 to the facility.
1230 However, decertification proceedings against a local government
1231 certified after July 1, 2013, shall be delayed until 12 months
1232 after the expiration of the local government’s existing
1233 agreement with a spring training franchise, and without a new
1234 agreement being signed, if the certified local government can
1235 demonstrate to the department that it is in active negotiations
1236 with a major league spring training franchise, other than the
1237 franchise that was the basis for the original certification.
1238 (c) A certified applicant has 60 days after it receives a
1239 notice of intent to decertify from the department to petition
1240 for review of the decertification. Within 45 days after receipt
1241 of the request for review, the department must notify a
1242 certified applicant of the outcome of the review.
1243 (d) The department shall notify the Department of Revenue
1244 that a certified applicant has been decertified within 10 days
1245 after the order of decertification becomes final. The Department
1246 of Revenue shall immediately stop the payment of any funds under
1247 this section which were not encumbered by the certified
1248 applicant under subparagraph (3)(a)2.
1249 (e) The department shall order a decertified applicant to
1250 repay all of the unencumbered state funds that the applicant
1251 received under this section and any interest that accrued on
1252 those funds. The repayment must be made within 60 days after the
1253 decertification order becomes final. These funds shall be
1254 deposited into the General Revenue Fund.
1255 (f) A local government as defined in s. 218.369 may not be
1256 decertified by the department if it has paid or pledged for the
1257 payment of debt service on, or to fund debt service reserve
1258 funds, arbitrage rebate obligations, or other amounts payable
1259 with respect thereto, bonds issued for the construction or
1260 renovation of the facility for which the local government was
1261 certified, or for the reimbursement of such costs or the
1262 refinancing of bonds issued for the construction or renovation
1263 of the facility for which the local government was certified, or
1264 for the reimbursement of such costs or the refinancing of bonds
1265 issued for such purpose. This subsection does not preclude or
1266 restrict the ability of a certified local government to
1267 refinance, refund, or defease such bonds.
1268 (6) RULEMAKING.—The department shall adopt rules to
1269 implement the certification, decertification, and
1270 decertification review processes required by this section.
1271 (7) AUDITS.—The Auditor General may conduct audits as
1272 provided in s. 11.45 to verify that the distributions under this
1273 section are expended as required in this section. If the Auditor
1274 General determines that the distributions under this section are
1275 not expended as required by this section, the Auditor General
1276 shall notify the Department of Revenue, which may pursue
1277 recovery of the funds under the laws and rules governing the
1278 assessment of taxes.
1279 Section 21. Subsection (3) of section 288.1253, Florida
1280 Statutes, is amended to read:
1281 288.1253 Travel and entertainment expenses.—
1282 (3) The department shall prepare an annual report of the
1283 expenditures of the previous fiscal year of the Office of Film
1284 and Entertainment and provide such report to the Legislature on
1285 November 1 no later than December 30 of each year as part of the
1286 report required under s. 288.1254(10) for the expenditures of
1287 the previous fiscal year. The report shall consist of a summary
1288 of all travel, entertainment, and incidental expenses incurred
1289 within the United States and all travel, entertainment, and
1290 incidental expenses incurred outside the United States, as well
1291 as a summary of all successful projects that developed from such
1293 Section 22. Subsection (10) of section 288.1254, Florida
1294 Statutes, is amended to read:
1295 288.1254 Entertainment industry financial incentive
1297 (10) ANNUAL REPORT.—Each November 1 October 1, the Office
1298 of Film and Entertainment shall provide an annual report for the
1299 previous fiscal year to the Governor, the President of the
1300 Senate, and the Speaker of the House of Representatives which
1301 outlines the return on investment and economic benefits to the
1302 state. The report must shall also include an estimate of the
1303 full-time equivalent positions created by each production that
1304 received tax credits under this section and information relating
1305 to the distribution of productions receiving credits by
1306 geographic region and type of production. The report must also
1307 include the expenditures report required under s. 288.1253(3)
1308 and the report detailing the relationship between tax exemptions
1309 and incentives to industry growth required under s. 288.1258(5).
1310 Section 23. Subsection (5) of section 288.1258, Florida
1311 Statutes, is amended to read:
1312 288.1258 Entertainment industry qualified production
1313 companies; application procedure; categories; duties of the
1314 Department of Revenue; records and reports.—
1315 (5) RELATIONSHIP OF TAX EXEMPTIONS AND INCENTIVES TO
1316 INDUSTRY GROWTH; REPORT TO THE LEGISLATURE.—The Office of Film
1317 and Entertainment shall keep annual records from the information
1318 provided on taxpayer applications for tax exemption certificates
1319 beginning January 1, 2001. These records also must shall reflect
1320 a ratio of the annual amount of sales and use tax exemptions
1321 under this section, plus the incentives awarded pursuant to s.
1322 288.1254 to the estimated amount of funds expended by certified
1323 productions. In addition, the office shall maintain data showing
1324 annual growth in Florida-based entertainment industry companies
1325 and entertainment industry employment and wages. The employment
1326 information must shall include an estimate of the full-time
1327 equivalent positions created by each production that received
1328 tax credits pursuant to s. 288.1254. The Office of Film and
1329 Entertainment shall report this information to the Legislature
1330 no later than November 1 December 1 of each year as part of the
1331 report required under s. 288.1254(10).
1332 Section 24. Subsection (3) of section 288.714, Florida
1333 Statutes, is amended to read:
1334 288.714 Quarterly and annual reports.—
1335 (3) The annual review and report required under s. 20.60
1336 must include By August 31 of each year, the department shall
1337 provide to the Governor, the President of the Senate, and the
1338 Speaker of the House of Representatives a detailed report of the
1339 performance of the Black Business Loan Program. The report must
1340 include a cumulative summary of quarterly report data required
1341 by subsection (1).
1342 Section 25. Section 288.7771, Florida Statutes, is amended
1343 to read:
1344 288.7771 Annual report of Florida Export Finance
1345 Corporation.—The corporation shall annually prepare and submit
1346 to Enterprise Florida, Inc., the department for inclusion in its
1347 annual report required by s. 288.906, s. 288.095 a complete and
1348 detailed report setting forth:
1349 (1) The report required in s. 288.776(3).
1350 (2) Its assets and liabilities at the end of its most
1351 recent fiscal year.
1352 Section 26. Section 288.903, Florida Statutes, is amended
1353 to read:
1354 288.903 Duties of Enterprise Florida, Inc.—Enterprise
1355 Florida, Inc., shall have the following duties:
1356 (1) Responsibly and prudently manage all public and private
1357 funds received, and ensure that the use of such funds is in
1358 accordance with all applicable laws, bylaws, or contractual
1360 (2) Administer the entities or programs created pursuant to
1361 part IX of this chapter; ss. 288.9622-288.9624; ss. 288.95155
1362 and 288.9519; and chapter 95-429, Laws of Florida, line 1680Y.
1363 (3) Prepare an annual report pursuant to s. 288.906.
1364 (4) Prepare, in conjunction with the department, and an
1365 annual incentives report pursuant to s. 288.907.
1366 (5) (4) Assist the department with the development of an
1367 annual and a long-range strategic business blueprint for
1368 economic development required in s. 20.60.
1369 (6) (5) In coordination with Workforce Florida, Inc.,
1370 identify education and training programs that will ensure
1371 Florida businesses have access to a skilled and competent
1372 workforce necessary to compete successfully in the domestic and
1373 global marketplace.
1374 Section 27. Subsection (6) of section 288.904, Florida
1375 Statutes, is repealed.
1376 Section 28. Subsection (3) is added to section 288.906,
1377 Florida Statutes, to read:
1378 288.906 Annual report of Enterprise Florida, Inc., and its
1379 divisions; audits.—
1380 (3) The following reports must be included as supplements
1381 to the detailed report required by this section:
1382 (a) The annual report of the Florida Export Finance
1383 Corporation required under s. 288.7771.
1384 (b) The report on international offices required under s.
1386 Section 29. Section 288.907, Florida Statutes, is amended
1387 to read:
1388 288.907 Annual incentives report.—
1389 (1) By December 30 of each year, In addition to the annual
1390 report required under s. 288.906 , Enterprise Florida, Inc., in
1391 conjunction with the department, by December 30 of each year,
1392 shall provide the Governor, the President of the Senate, and the
1393 Speaker of the House of Representatives a detailed incentives
1394 report quantifying the economic benefits for all of the economic
1395 development incentive programs marketed by Enterprise Florida,
1397 (a) The annual incentives report must include:
1398 (1) For each incentive program:
1399 (a) 1. A brief description of the incentive program.
1400 (b) 2. The amount of awards granted, by year, since
1401 inception and the annual amount actually transferred from the
1402 state treasury to businesses or for the benefit of businesses
1403 for each of the previous 3 years.
1404 3. The economic benefits, as defined in s. 288.005 , based
1405 on the actual amount of private capital invested, actual number
1406 of jobs created, and actual wages paid for incentive agreements
1407 completed during the previous 3 years.
1408 (c) 4. The report shall also include The actual amount of
1409 private capital invested, actual number of jobs created, and
1410 actual wages paid for incentive agreements completed during the
1411 previous 3 years for each target industry sector.
1412 (2) (b) For projects completed during the previous state
1413 fiscal year , the report must include:
1414 (a) 1. The number of economic development incentive
1415 applications received.
1416 (b) 2. The number of recommendations made to the department
1417 by Enterprise Florida, Inc., including the number recommended
1418 for approval and the number recommended for denial.
1419 (c) 3. The number of final decisions issued by the
1420 department for approval and for denial.
1421 (d) 4. The projects for which a tax refund, tax credit, or
1422 cash grant agreement was executed, identifying for each project:
1423 1. a. The number of jobs committed to be created.
1424 2. b. The amount of capital investments committed to be
1426 3. c. The annual average wage committed to be paid.
1427 4. d. The amount of state economic development incentives
1428 committed to the project from each incentive program under the
1429 project’s terms of agreement with the Department of Economic
1431 5. e. The amount and type of local matching funds committed
1432 to the project.
1433 (e) Tax refunds paid or other payments made funded out of
1434 the Economic Development Incentives Account for each project.
1435 (f) The types of projects supported.
1436 (3) (c) For economic development projects that received tax
1437 refunds, tax credits, or cash grants under the terms of an
1438 agreement for incentives , the report must identify:
1439 (a) 1. The number of jobs actually created.
1440 (b) 2. The amount of capital investments actually made.
1441 (c) 3. The annual average wage paid.
1442 (4) (d) For a project receiving economic development
1443 incentives approved by the department and receiving federal or
1444 local incentives, the report must include a description of the
1445 federal or local incentives, if available.
1446 (5) (e) The report must state the number of withdrawn or
1447 terminated projects that did not fulfill the terms of their
1448 agreements with the department and, consequently, are not
1449 receiving incentives.
1450 (6) For any agreements signed after July 1, 2010, findings
1451 and recommendations on the efforts of the department to
1452 ascertain the causes of any business’s inability to complete its
1453 agreement made under s. 288.106.
1454 (7) (f) The amount report must include an analysis of the
1455 economic benefits, as defined in s. 288.005 , of tax refunds, tax
1456 credits, or other payments made to projects locating or
1457 expanding in state enterprise zones, rural communities,
1458 brownfield areas, or distressed urban communities. The report
1459 must include a separate analysis of the impact of such tax
1460 refunds on state enterprise zones designated under s. 290.0065,
1461 rural communities, brownfield areas, and distressed urban
1463 (8) The name of and tax refund amount for each business
1464 that has received a tax refund under s. 288.1045 or s. 288.106
1465 during the preceding fiscal year.
1466 (9) (g) An identification of The report must identify the
1467 target industry businesses and high-impact businesses.
1468 (10) (h) A description of The report must describe the
1469 trends relating to business interest in, and usage of, the
1470 various incentives, and the number of minority-owned or woman
1471 owned businesses receiving incentives.
1472 (l1) (i) An identification of The report must identify
1473 incentive programs not used and recommendations for program
1474 changes or program elimination utilized.
1475 (12) Information related to the validation of contractor
1476 performance required under s. 288.061.
1477 (13) Beginning in 2014, a summation of the activities
1478 related to the Florida Space Business Incentives Act.
1479 (2) The Division of Strategic Business Development within
1480 the department shall assist Enterprise Florida, Inc., in the
1481 preparation of the annual incentives report.
1482 Section 30. Subsection (3) of section 288.92, Florida
1483 Statutes, is amended to read:
1484 288.92 Divisions of Enterprise Florida, Inc.—
1485 (3) By October 15 each year, each division shall draft and
1486 submit an annual report that which details the division’s
1487 activities during the prior fiscal year and includes any
1488 recommendations for improving current statutes related to the
1489 division’s related area. These annual reports shall be included
1490 in the report required under s. 288.906.
1491 Section 31. Subsection (5) of section 288.95155, Florida
1492 Statutes, is amended to read:
1493 288.95155 Florida Small Business Technology Growth
1495 (5) Enterprise Florida, Inc., shall prepare for inclusion
1496 in the annual report of the department required under s. 288.907
1497 by s. 288.095 a report on the financial status of the program.
1498 The report must specify the assets and liabilities of the
1499 program within the current fiscal year and must include a
1500 portfolio update that lists all of the businesses assisted, the
1501 private dollars leveraged by each business assisted, and the
1502 growth in sales and in employment of each business assisted.
1503 Section 32. Subsection (11) of section 290.0056, Florida
1504 Statutes, is amended to read:
1505 290.0056 Enterprise zone development agency.—
1506 (11) Before October 1 December 1 of each year, the agency
1507 shall submit to the department for inclusion in the annual
1508 report required under s. 20.60 a complete and detailed written
1509 report setting forth:
1510 (a) Its operations and accomplishments during the fiscal
1512 (b) The accomplishments and progress concerning the
1513 implementation of the strategic plan or measurable goals, and
1514 any updates to the strategic plan or measurable goals.
1515 (c) The number and type of businesses assisted by the
1516 agency during the fiscal year.
1517 (d) The number of jobs created within the enterprise zone
1518 during the fiscal year.
1519 (e) The usage and revenue impact of state and local
1520 incentives granted during the calendar year.
1521 (f) Any other information required by the department.
1522 Section 33. Section 290.014, Florida Statutes, is amended
1523 to read:
1524 290.014 Annual reports on enterprise zones.—
1525 (1) By October 1 February 1 of each year, the Department of
1526 Revenue shall submit an annual report to the department
1527 detailing the usage and revenue impact by county of the state
1528 incentives listed in s. 290.007.
1529 (2) By March 1 of each year, the department shall submit an
1530 annual report to the Governor, the Speaker of the House of
1531 Representatives, and the President of the Senate. The annual
1532 report required under s. 20.60 shall include the information
1533 provided by the Department of Revenue pursuant to subsection (1)
1534 and the information provided by enterprise zone development
1535 agencies pursuant to s. 290.0056. In addition, the report shall
1536 include an analysis of the activities and accomplishments of
1537 each enterprise zone.
1538 Section 34. Subsection (11) of section 331.3051, Florida
1539 Statutes, is amended to read:
1540 331.3051 Duties of Space Florida.—Space Florida shall:
1541 (11) Annually report on its performance with respect to its
1542 business plan, to include finance, spaceport operations,
1543 research and development, workforce development, and education.
1544 The report shall be submitted to the Governor, the President of
1545 the Senate, and the Speaker of the House of Representatives no
1546 later than November 30 September 1 for the prior fiscal year.
1547 The annual report must include operations information as
1548 required under s. 331.310(2)(e).
1549 Section 35. Paragraph (e) of subsection (2) of section
1550 331.310, Florida Statutes, is amended to read:
1551 331.310 Powers and duties of the board of directors.—
1552 (2) The board of directors shall:
1553 (e) Prepare an annual report of operations as a supplement
1554 to the annual report required under s. 331.3051(11). The report
1555 must shall include, but not be limited to, a balance sheet, an
1556 income statement, a statement of changes in financial position,
1557 a reconciliation of changes in equity accounts, a summary of
1558 significant accounting principles, the auditor’s report, a
1559 summary of the status of existing and proposed bonding projects,
1560 comments from management about the year’s business, and
1561 prospects for the next year , which shall be submitted each year
1562 by November 30 to the Governor, the President of the Senate, the
1563 Speaker of the House of Representatives, the minority leader of
1564 the Senate, and the minority leader of the House of
1566 Section 36. Subsection (4) of section 446.50, Florida
1567 Statutes, is amended to read:
1568 446.50 Displaced homemakers; multiservice programs; report
1569 to the Legislature; Displaced Homemaker Trust Fund created.—
1570 (4) STATE PLAN.—
1571 (a) The Department of Economic Opportunity shall include in
1572 the annual report required under s. 20.60 a develop a 3-year
1573 state plan for the displaced homemaker program which shall be
1574 updated annually. The plan must address, at a minimum, the need
1575 for programs specifically designed to serve displaced
1576 homemakers, any necessary service components for such programs
1577 in addition to those enumerated in this section, goals of the
1578 displaced homemaker program with an analysis of the extent to
1579 which those goals are being met, and recommendations for ways to
1580 address any unmet program goals. Any request for funds for
1581 program expansion must be based on the state plan.
1582 (b) The annual review and report required under s. 20.60
1583 Each annual update must address any changes in the components of
1584 the 3-year state plan and a report that must include, but need
1585 not be limited to, the following:
1586 1. The scope of the incidence of displaced homemakers;
1587 2. A compilation and report, by program, of data submitted
1588 to the department pursuant to subparagraph 3. by funded
1589 displaced homemaker service programs;
1590 3. An identification and description of the programs in the
1591 state which receive funding from the department, including
1592 funding information; and
1593 4. An assessment of the effectiveness of each displaced
1594 homemaker service program based on outcome criteria established
1595 by rule of the department.
1596 (c) The 3-year state plan must be submitted to the
1597 President of the Senate, the Speaker of the House of
1598 Representatives, and the Governor on or before January 1, 2001,
1599 and annual updates of the plan must be submitted by January 1 of
1600 each subsequent year.
1601 Section 37. This act shall take effect upon becoming a law.