Florida Senate - 2013 SB 406
By Senator Gardiner
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. 220.194, F.S.; requiring the
27 annual report for the Florida Space Business
28 Incentives Act to be included in the annual incentives
29 report; deleting certain reporting requirements;
30 amending s. 288.005, F.S.; providing a definition;
31 amending s. 288.012, F.S.; requiring each State of
32 Florida international office to submit a report to
33 Enterprise Florida, Inc., for inclusion in its annual
34 report; deleting a reporting date; amending s.
35 288.061, F.S.; requiring the Department of Economic
36 Opportunity to analyze each economic development
37 incentive application; amending s. 288.0656, F.S.;
38 requiring the Rural Economic Development Initiative to
39 submit a report to supplement the Department of
40 Economic Opportunity’s annual report; deleting certain
41 reporting requirements; repealing s. 288.095(3)(c),
42 F.S., relating to the annual report by Enterprise
43 Florida, Inc., of programs funded by the Economic
44 Development Incentives Account; amending s. 288.106,
45 F.S.; deleting and adding provisions relating to the
46 application and approval process of the tax refund
47 program for qualified target industry businesses;
48 requiring the Department of Economic Opportunity to
49 include information on qualified target industry
50 businesses in the annual incentives report; deleting
51 certain reporting requirements; amending s. 288.1081,
52 F.S.; requiring the use of loan funds from the
53 Economic Gardening Business Loan Pilot Program to be
54 included in the department’s annual report; deleting
55 certain reporting requirements; amending s. 288.1082,
56 F.S.; requiring the progress of the Economic Gardening
57 Technical Assistance Pilot Program to be included in
58 the department’s annual report; deleting certain
59 reporting requirements; amending s. 288.1088, F.S.;
60 requiring the department to validate contractor
61 performance for the Quick Action Closing Fund and
62 include the performance validation in the annual
63 incentives report; deleting certain reporting
64 requirements; amending s. 288.1089, F.S.; requiring
65 that certain projects in the Innovation Incentive
66 Program provide a cumulative break-even economic
67 benefit; requiring the department to report
68 information relating to the Innovation Incentive
69 Program in the annual incentives report; deleting
70 certain reporting requirements; deleting provisions
71 that require the Office of Program Policy Analysis and
72 Government Accountability and the Auditor General’s
73 Office to report on the Innovation Incentive Program;
74 amending s. 288.1253, F.S.; revising a reporting date;
75 requiring expenditures of the Office of Film and
76 Entertainment to be included in the annual
77 entertainment industry financial incentive program
78 report; amending s. 288.1254, F.S.; revising a
79 reporting date; requiring the annual entertainment
80 industry financial incentive program report to include
81 certain information; amending s. 288.1258, F.S.;
82 revising a reporting date; requiring the report
83 detailing the relationship between tax exemptions and
84 incentives to industry growth to be included in the
85 annual entertainment industry financial incentive
86 program report; amending s. 288.714, F.S.; requiring
87 the Department of Economic Opportunity’s annual report
88 to include a report on the Black Business Loan
89 Program; deleting certain reporting requirements;
90 amending s. 288.7771, F.S.; requiring the Florida
91 Export Finance Corporation to submit a report to
92 Enterprise Florida, Inc.; amending s. 288.903, F.S.;
93 requiring Enterprise Florida, Inc., with the
94 Department of Economic Opportunity, to prepare an
95 annual incentives report; repealing s. 288.904(6),
96 F.S., relating to Enterprise Florida, Inc., which
97 requires the department to report the return on the
98 public’s investment; amending s. 288.906, F.S.;
99 requiring certain reports to be included in the
100 Enterprise Florida, Inc., annual report; amending s.
101 288.907, F.S.; requiring Enterprise Florida, Inc.,
102 with the Department of Economic Opportunity, to
103 prepare the annual incentives report; requiring the
104 annual incentives report to include certain
105 information; deleting a provision requiring the
106 Division of Strategic Business Development to assist
107 Enterprise Florida, Inc., with the report; amending s.
108 288.92, F.S.; requiring each division of Enterprise
109 Florida, Inc., to submit a report; amending s.
110 288.95155, F.S.; requiring the financial status of the
111 Florida Small Business Technology Growth Program to be
112 included in the annual incentives report; amending s.
113 290.0056, F.S.; revising a reporting date; requiring
114 the enterprise zone development agency to submit
115 certain information for the Department of Economic
116 Opportunity’s annual report; amending s. 290.014,
117 F.S.; revising a reporting date; requiring certain
118 reports on enterprise zones to be included in the
119 Department of Economic Opportunity’s annual report;
120 amending s. 331.3051, F.S.; revising a reporting date;
121 requiring Space Florida’s annual report to include
122 certain information; amending s. 331.310, F.S.;
123 requiring the Board of Directors of Space Florida to
124 supplement Space Florida’s annual report with
125 operations information; deleting certain reporting
126 requirements; amending s. 446.50, F.S.; requiring the
127 Department of Economic Opportunity’s annual report to
128 include a plan for the displaced homemaker program;
129 deleting certain reporting requirements; providing an
130 effective date.
132 Be It Enacted by the Legislature of the State of Florida:
134 Section 1. Economic Development Programs Evaluation.—The
135 Office of Economic and Demographic Research and the Office of
136 Program Policy Analysis and Government Accountability (OPPAGA)
137 shall develop and present to the Governor, the President of the
138 Senate, the Speaker of the House of Representatives, and the
139 chairs of the legislative appropriations committees the Economic
140 Development Programs Evaluation.
141 (1) The Office of Economic and Demographic Research and
142 OPPAGA shall coordinate the development of a work plan for
143 completing the Economic Development Programs Evaluation and
144 shall submit the work plan to the President of the Senate and
145 the Speaker of the House of Representatives by July 1, 2013.
146 (2) The Office of Economic and Demographic Research and
147 OPPAGA shall provide a detailed analysis of economic development
148 programs as provided in the following schedule:
149 (a) By January 1, 2014, and every 3 years thereafter, an
150 analysis of the following programs:
151 1. The Capital Investment Tax Credit established under s.
152 220.191, Florida Statutes.
153 2. The Qualified Target Industry Tax Refund established
154 under s. 288.106, Florida Statutes.
155 3. The Brownfield Redevelopment Bonus Tax Refund
156 established under s. 288.107, Florida Statutes.
157 4. High-Impact Sector Performance Grants established under
158 s. 288.108, Florida Statutes.
159 5. The Quick Action Closing Fund established under s.
160 288.1088, Florida Statutes.
161 6. The Innovation Incentive Program established under s.
162 288.1089, Florida Statutes.
163 7. Enterprise Zone Program incentives established under ss.
164 212.0805, 212.0815, 212.096, 220.181, and 220.182, Florida
166 (b) By January 1, 2015, and every 3 years thereafter, an
167 analysis of the following programs:
168 1. The Entertainment Industry Financial Incentive Program
169 established under s. 288.1254, Florida Statutes.
170 2. The Entertainment Industry Sales Tax Exemption Program
171 established under s. 288.1258, Florida Statutes.
172 3. VISIT Florida and its programs established under ss.
173 288.122, 288.1226, 288.12265, and 288.124, Florida Statutes.
174 4. The Florida Sports Foundation and its programs
175 established under ss. 288.1162, 288.11621, 288.1166, 288.1167,
176 288.1168, 288.1169, and 288.1171, Florida Statutes.
177 (c) By January 1, 2016, and every 3 years thereafter, an
178 analysis of the following programs:
179 1. The qualified defense contractor and space flight
180 business tax refund program established under s. 288.1045,
181 Florida Statutes.
182 2. The tax exemption for semiconductor, defense, or space
183 technology sales established under s. 212.08(5)(j), Florida
185 3. The Military Base Protection Program established under
186 s. 288.980, Florida Statutes.
187 4. The Manufacturing and Spaceport Investment Incentive
188 Program established under s. 288.1083, Florida Statutes.
189 5. The Quick Response Training Program established under s.
190 288.047, Florida Statutes.
191 6. The Incumbent Worker Training Program established under
192 s. 445.003, Florida Statutes.
193 7. International trade and business development programs
194 established under s. 288.826, Florida Statutes.
195 (3) Pursuant to the schedule established in subsection (2),
196 the Office of Economic and Demographic Research shall evaluate
197 and determine the economic benefits, as defined in s. 288.005,
198 Florida Statutes, of each program over the previous 3 years. The
199 analysis must also evaluate the number of jobs created, the
200 increase or decrease in personal income, and the impact on state
201 gross domestic product from the direct, indirect, and induced
202 effects of the state’s investment in each program over the
203 previous 3 years.
204 (a) For the purpose of evaluating tax credits, tax refunds,
205 sales tax exemptions, cash grants, and similar programs, the
206 Office of Economic and Demographic Research shall evaluate data
207 only from those projects in which businesses received state
208 funds during the evaluation period. Such projects may be either
209 fully complete, partially completed with future fund disbursal
210 possible pending performance measures, or partially completed
211 with no future fund disbursal possible as a result of a
212 business’s inability to meet performance measures.
213 (b) The analysis must use the model developed by the Office
214 of Economic and Demographic Research, as required in s. 216.138,
215 Florida Statutes, to evaluate each program. The office shall
216 provide a written explanation of the key assumptions of the
217 model and how it is used. If the office finds that another
218 evaluation model is more appropriate to evaluate a program, it
219 may use another model, but it must provide an explanation as to
220 why the selected model was more appropriate.
221 (4) Pursuant to the schedule established in subsection (2),
222 OPPAGA shall evaluate each program over the previous 3 years for
223 its effectiveness and value to the taxpayers of this state and
224 include recommendations on each program for consideration by the
225 Legislature. The analysis may include relevant economic
226 development reports or analyses prepared by the Department of
227 Economic Opportunity, Enterprise Florida, Inc., or local or
228 regional economic development organizations; interviews with the
229 parties involved; or any other relevant data.
230 (5) The Office of Economic and Demographic Research and
231 OPPAGA have access to all data necessary to complete the
232 Economic Development Programs Evaluation, including any
233 confidential data, notwithstanding s. 213.053, Florida Statutes.
234 The offices may collaborate on data collection and analysis.
235 Section 2. Subsection (10) of section 20.60, Florida
236 Statutes, is amended to read:
237 20.60 Department of Economic Opportunity; creation; powers
238 and duties.—
239 (10) The department, with assistance from Enterprise
240 Florida, Inc., shall, by November 1
January 1 of each year,
241 submit an annual report to the Governor, the President of the
242 Senate, and the Speaker of the House of Representatives on the
243 condition of the business climate and economic development in
244 the state.
245 (a) The report must shall include the identification of
246 problems and a prioritized list of recommendations.
247 (b) The report must incorporate annual reports of other
248 programs, including:
249 1. The displaced homemaker program established under s.
251 2. Information provided by the Department of Revenue under
252 s. 290.014.
253 3. Information provided by enterprise zone development
254 agencies under s. 290.0056 and an analysis of the activities and
255 accomplishments of each enterprise zone.
256 4. The Economic Gardening Business Loan Pilot Program
257 established under s. 288.1081 and the Economic Gardening
258 Technical Assistance Pilot Program established under s.
260 5. A detailed report of the performance of the Black
261 Business Loan Program and a cumulative summary of quarterly
262 report data required under s. 288.714.
263 6. The Rural Economic Development Initiative established
264 under s. 288.0656.
265 Section 3. Subsection (9) of section 220.194, Florida
266 Statutes, is amended to read:
267 220.194 Corporate income tax credits for spaceflight
269 (9) ANNUAL REPORT.—Beginning in 2014, the Department of
270 Economic Opportunity, in cooperation with Space Florida and the
271 department, shall include in the submit an annual incentives
272 report required under s. 288.907 a summary of summarizing
273 activities relating to the Florida Space Business Incentives Act
274 established under this section to the Governor, the President of
275 the Senate, and the Speaker of the House of Representatives by
276 each November 30.
277 Section 4. Subsection (4) is added to section 288.005,
278 Florida Statutes, to read:
279 288.005 Definitions.—As used in this chapter, the term:
280 (4) “Jobs” means full-time equivalent positions, including,
281 but not limited to, positions obtained from a temporary
282 employment agency or employee leasing company or through a union
283 agreement or coemployment under a professional employer
284 organization agreement, which result directly from a project in
285 this state. This number does not include temporary construction
286 jobs involved with the construction of facilities for the
288 Section 5. Subsection (3) of section 288.012, Florida
289 Statutes, is amended to read:
290 288.012 State of Florida international offices; state
291 protocol officer; protocol manual.—The Legislature finds that
292 the expansion of international trade and tourism is vital to the
293 overall health and growth of the economy of this state. This
294 expansion is hampered by the lack of technical and business
295 assistance, financial assistance, and information services for
296 businesses in this state. The Legislature finds that these
297 businesses could be assisted by providing these services at
298 State of Florida international offices. The Legislature further
299 finds that the accessibility and provision of services at these
300 offices can be enhanced through cooperative agreements or
301 strategic alliances between private businesses and state, local,
302 and international governmental entities.
303 (3) By October 1 of each year, Each international office
304 shall submit to Enterprise Florida, Inc., the department a
305 complete and detailed report on its activities and
306 accomplishments during the preceding fiscal year for inclusion
307 in the annual report required under s. 288.906. In a format
308 provided by Enterprise Florida, Inc., the report must set forth
309 information on:
310 (a) The number of Florida companies assisted.
311 (b) The number of inquiries received about investment
312 opportunities in this state.
313 (c) The number of trade leads generated.
314 (d) The number of investment projects announced.
315 (e) The estimated U.S. dollar value of sales confirmations.
316 (f) The number of representation agreements.
317 (g) The number of company consultations.
318 (h) Barriers or other issues affecting the effective
319 operation of the office.
320 (i) Changes in office operations which are planned for the
321 current fiscal year.
322 (j) Marketing activities conducted.
323 (k) Strategic alliances formed with organizations in the
324 country in which the office is located.
325 (l) Activities conducted with Florida’s other international
327 (m) Any other information that the office believes would
328 contribute to an understanding of its activities.
329 Section 6. Present subsections (2) and (3) of section
330 288.061, Florida Statutes, are redesignated as subsections (3)
331 and (4), respectively, and a new subsection (2) is added to that
332 section, to read:
333 288.061 Economic development incentive application
335 (2) Beginning July 1, 2013, the department shall review and
336 evaluate each economic development incentive application for the
337 economic benefits of the proposed award of state incentives
338 proposed for the project. The term “economic benefits” has the
339 same meaning as in s. 288.005. The Office of Economic and
340 Demographic Research shall review and evaluate the methodology
341 and model used to calculate the economic benefits. For purposes
342 of this requirement, an amended definition of economic benefits
343 may be developed in conjunction with the Office of Economic and
344 Demographic Research. The Office of Economic and Demographic
345 Research shall report on the methodology and model by September
346 1, 2013, and every third year thereafter, to the President of
347 the Senate and the Speaker of the House of Representatives.
348 Section 7. Subsection (8) of section 288.0656, Florida
349 Statutes, is amended to read:
350 288.0656 Rural Economic Development Initiative.—
351 (8) REDI shall submit a report to the Governor, the
352 President of the Senate, and the Speaker of the House of
353 Representatives each year on or before September 1 on all REDI
354 activities for the prior fiscal year as a supplement to the
355 annual report required under s. 20.60. This report must shall
356 include a status report on all projects currently being
357 coordinated through REDI, the number of preferential awards and
358 allowances made pursuant to this section, the dollar amount of
359 such awards, and the names of the recipients. The report must
360 shall also include a description of all waivers of program
361 requirements granted. The report must shall also include
362 information as to the economic impact of the projects
363 coordinated by REDI, and recommendations based on the review and
364 evaluation of statutes and rules having an adverse impact on
365 rural communities, and proposals to mitigate such adverse
367 Section 8. Paragraph (c) of subsection (3) of section
368 288.095, Florida Statutes, is repealed.
369 Section 9. Paragraph (c) of subsection (4) and paragraph
370 (d) of subsection (7) of section 288.106, Florida Statutes, are
371 amended to read:
372 288.106 Tax refund program for qualified target industry
374 (4) APPLICATION AND APPROVAL PROCESS.—
375 (c) Each application meeting the requirements of paragraph
376 (b) must be submitted to the department for determination of
377 eligibility. The department shall review and evaluate each
378 application based on, but not limited to, the following
380 1. Expected contributions to the state’s economy,
381 consistent with the state strategic economic development plan
382 prepared by the department.
383 2. The economic benefits of the proposed award of tax
384 refunds under this section and the economic benefits of state
385 incentives proposed for the project. The term “economic
386 benefits” has the same meaning as in s. 288.005 . The Office of
387 Economic and Demographic Research shall review and evaluate the
388 methodology and model used to calculate the economic benefits
389 and shall report its findings by September 1 of every 3rd year,
390 to the President of the Senate and the Speaker of the House of
391 Representatives .
392 3. The amount of capital investment to be made by the
393 applicant in this state.
394 4. The local financial commitment and support for the
396 5. The expected effect of the project on the unemployed and
397 underemployed unemployment rate in the county where the project
398 will be located.
399 6. The expected effect of the award on the viability of the
400 project and the probability that the project would be undertaken
401 in this state if such tax refunds are granted to the applicant.
402 7. The expected long-term commitment of the applicant to
403 economic growth and employment in this state resulting from the
405 7. 8. A review of the business’s past activities in this
406 state or other states, including whether the such business has
407 been subjected to criminal or civil fines and penalties and
408 whether the business received economic development incentives in
409 other states and the results of such incentive agreements. This
410 subparagraph does not require the disclosure of confidential
412 (7) ADMINISTRATION.—
413 (d) Beginning with tax refund agreements signed after July
414 1, 2010, the department shall attempt to ascertain the causes
415 for any business’s failure to complete its agreement and shall
416 report its findings and recommendations must be included in the
417 annual incentives report under s. 288.907 to the Governor, the
418 President of the Senate, and the Speaker of the House of
419 Representatives. The report shall be submitted by December 1 of
420 each year beginning in 2011.
421 Section 10. Subsection (8) of section 288.1081, Florida
422 Statutes, is amended to read:
423 288.1081 Economic Gardening Business Loan Pilot Program.—
424 (8) The annual report required under s. 20.60 must describe
425 On June 30 and December 31 of each year, the department shall
426 submit a report to the Governor, the President of the Senate,
427 and the Speaker of the House of Representatives which describes
428 in detail the use of the loan funds. The report must include, at
429 a minimum, the number of businesses receiving loans, the number
430 of full-time equivalent jobs created as a result of the loans,
431 the amount of wages paid to employees in the newly created jobs,
432 the locations and types of economic activity undertaken by the
433 borrowers, the amounts of loan repayments made to date, and the
434 default rate of borrowers.
435 Section 11. Subsection (8) of section 288.1082, Florida
436 Statutes, is amended to read:
437 288.1082 Economic Gardening Technical Assistance Pilot
439 (8) The annual report required under s. 20.60 must describe
440 On December 31 of each year, the department shall submit a
441 report to the Governor, the President of the Senate, and the
442 Speaker of the House of Representatives which describes in
443 detail the progress of the pilot program. The report must
444 include, at a minimum, the number of businesses receiving
445 assistance, the number of full-time equivalent jobs created as a
446 result of the assistance, if any, the amount of wages paid to
447 employees in the newly created jobs, and the locations and types
448 of economic activity undertaken by the businesses.
449 Section 12. Paragraph (e) of subsection (3) of section
450 288.1088, Florida Statutes, is amended to read:
451 288.1088 Quick Action Closing Fund.—
453 (e) The department Enterprise Florida, Inc., shall validate
454 contractor performance. Such validation shall be reported in the
455 annual incentives report required under s. 288.907 within 6
456 months after completion of the contract to the Governor,
457 President of the Senate, and the Speaker of the House of
459 Section 13. Paragraphs (b) and (d) of subsection (4), and
460 subsections (9) and (11) of section 288.1089, Florida Statutes,
461 are amended to read:
462 288.1089 Innovation Incentive Program.—
463 (4) To qualify for review by the department, the applicant
464 must, at a minimum, establish the following to the satisfaction
465 of the department:
466 (b) A research and development project must:
467 1. Serve as a catalyst for an emerging or evolving
468 technology cluster.
469 2. Demonstrate a plan for significant higher education
471 3. Provide the state, at a minimum, a cumulative break-even
472 economic benefit return on investment within a 20-year period.
473 4. Be provided with a one-to-one match from the local
474 community. The match requirement may be reduced or waived in
475 rural areas of critical economic concern or reduced in rural
476 areas, brownfield areas, and enterprise zones.
477 (d) For an alternative and renewable energy project in this
478 state, the project must:
479 1. Demonstrate a plan for significant collaboration with an
480 institution of higher education;
481 2. Provide the state, at a minimum, a cumulative break-even
482 economic benefit return on investment within a 20-year period;
483 3. Include matching funds provided by the applicant or
484 other available sources. The match requirement may be reduced or
485 waived in rural areas of critical economic concern or reduced in
486 rural areas, brownfield areas, and enterprise zones;
487 4. Be located in this state; and
488 5. Provide at least 35 direct, new jobs that pay an
489 estimated annual average wage that equals at least 130 percent
490 of the average private sector wage.
491 (9) The department shall validate the performance of an
492 innovation business, a research and development facility, or an
493 alternative and renewable energy business that has received an
494 award. At the conclusion of the innovation incentive award
495 agreement, or its earlier termination, the department shall ,
496 within 90 days, submit, as part of the annual incentives report
497 required under s. 288.907, a report to the Governor, the
498 President of the Senate, and the Speaker of the House of
499 Representatives detailing whether the recipient of the
500 innovation incentive grant achieved its specified outcomes.
501 (11) (a) The department shall submit to the Governor, the
502 President of the Senate, and the Speaker of the House of
503 Representatives, as part of the annual incentives report
504 required under s. 288.907, a report summarizing the activities
505 and accomplishments of the recipients of grants from the
506 Innovation Incentive Program during the previous 12 months and
507 an evaluation of whether the recipients are catalysts for
508 additional direct and indirect economic development in Florida.
509 (b) Beginning March 1, 2010, and every third year
510 thereafter, the Office of Program Policy Analysis and Government
511 Accountability, in consultation with the Auditor General’s
512 Office, shall release a report evaluating the Innovation
513 Incentive Program’s progress toward creating clusters of high
514 wage, high-skilled, complementary industries that serve as
515 catalysts for economic growth specifically in the regions in
516 which they are located, and generally for the state as a whole.
517 Such report should include critical analyses of quarterly and
518 annual reports, annual audits, and other documents prepared by
519 the Innovation Incentive Program awardees; relevant economic
520 development reports prepared by the department, Enterprise
521 Florida, Inc., and local or regional economic development
522 organizations; interviews with the parties involved; and any
523 other relevant data. Such report should also include legislative
524 recommendations, if necessary, on how to improve the Innovation
525 Incentive Program so that the program reaches its anticipated
526 potential as a catalyst for direct and indirect economic
527 development in this state.
528 Section 14. Subsection (3) of section 288.1253, Florida
529 Statutes, is amended to read:
530 288.1253 Travel and entertainment expenses.—
531 (3) The department shall prepare an annual report of the
532 expenditures of the previous fiscal year of the Office of Film
533 and Entertainment and provide such report to the Legislature on
534 November 1 no later than December 30 of each year as part of the
535 report required under s. 288.1254(10) for the expenditures of
536 the previous fiscal year. The report shall consist of a summary
537 of all travel, entertainment, and incidental expenses incurred
538 within the United States and all travel, entertainment, and
539 incidental expenses incurred outside the United States, as well
540 as a summary of all successful projects that developed from such
542 Section 15. Subsection (10) of section 288.1254, Florida
543 Statutes, is amended to read:
544 288.1254 Entertainment industry financial incentive
546 (10) ANNUAL REPORT.—Each November 1 October 1, the Office
547 of Film and Entertainment shall provide an annual report for the
548 previous fiscal year to the Governor, the President of the
549 Senate, and the Speaker of the House of Representatives which
550 outlines the return on investment and economic benefits to the
551 state. The report must shall also include an estimate of the
552 full-time equivalent positions created by each production that
553 received tax credits under this section and information relating
554 to the distribution of productions receiving credits by
555 geographic region and type of production. The report must also
556 include the expenditures report required under s. 288.1253(3)
557 and the report detailing the relationship between tax exemptions
558 and incentives to industry growth required under s. 288.1258(5).
559 Section 16. Subsection (5) of section 288.1258, Florida
560 Statutes, is amended to read:
561 288.1258 Entertainment industry qualified production
562 companies; application procedure; categories; duties of the
563 Department of Revenue; records and reports.—
564 (5) RELATIONSHIP OF TAX EXEMPTIONS AND INCENTIVES TO
565 INDUSTRY GROWTH; REPORT TO THE LEGISLATURE.—The Office of Film
566 and Entertainment shall keep annual records from the information
567 provided on taxpayer applications for tax exemption certificates
568 beginning January 1, 2001. These records also must shall reflect
569 a ratio of the annual amount of sales and use tax exemptions
570 under this section, plus the incentives awarded pursuant to s.
571 288.1254 to the estimated amount of funds expended by certified
572 productions. In addition, the office shall maintain data showing
573 annual growth in Florida-based entertainment industry companies
574 and entertainment industry employment and wages. The employment
575 information must shall include an estimate of the full-time
576 equivalent positions created by each production that received
577 tax credits pursuant to s. 288.1254. The Office of Film and
578 Entertainment shall report this information to the Legislature
579 no later than November 1 December 1 of each year as part of the
580 report required under s. 288.1254(10).
581 Section 17. Subsection (3) of section 288.714, Florida
582 Statutes, is amended to read:
583 288.714 Quarterly and annual reports.—
584 (3) The annual review and report required under s. 20.60
585 must include By August 31 of each year, the department shall
586 provide to the Governor, the President of the Senate, and the
587 Speaker of the House of Representatives a detailed report of the
588 performance of the Black Business Loan Program. The report must
589 include a cumulative summary of quarterly report data required
590 by subsection (1).
591 Section 18. Section 288.7771, Florida Statutes, is amended
592 to read:
593 288.7771 Annual report of Florida Export Finance
594 Corporation.—The corporation shall annually prepare and submit
595 to Enterprise Florida, Inc., the department for inclusion in its
596 annual report required by s. 288.906, s. 288.095 a complete and
597 detailed report setting forth:
598 (1) The report required in s. 288.776(3).
599 (2) Its assets and liabilities at the end of its most
600 recent fiscal year.
601 Section 19. Section 288.903, Florida Statutes, is amended
602 to read:
603 288.903 Duties of Enterprise Florida, Inc.—Enterprise
604 Florida, Inc., shall have the following duties:
605 (1) Responsibly and prudently manage all public and private
606 funds received, and ensure that the use of such funds is in
607 accordance with all applicable laws, bylaws, or contractual
609 (2) Administer the entities or programs created pursuant to
610 part IX of this chapter; ss. 288.9622-288.9624; ss. 288.95155
611 and 288.9519; and chapter 95-429, Laws of Florida, line 1680Y.
612 (3) Prepare an annual report pursuant to s. 288.906.
613 (4) Prepare, in conjunction with the department, and an
614 annual incentives report pursuant to s. 288.907.
615 (5) (4) Assist the department with the development of an
616 annual and a long-range strategic business blueprint for
617 economic development required in s. 20.60.
618 (6) (5) In coordination with Workforce Florida, Inc.,
619 identify education and training programs that will ensure
620 Florida businesses have access to a skilled and competent
621 workforce necessary to compete successfully in the domestic and
622 global marketplace.
623 Section 20. Subsection (6) of section 288.904, Florida
624 Statutes, is repealed.
625 Section 21. Subsection (3) is added to section 288.906,
626 Florida Statutes, to read:
627 288.906 Annual report of Enterprise Florida, Inc., and its
628 divisions; audits.—
629 (3) The following reports must be included as supplements
630 to the detailed report required by this section:
631 (a) The annual report of the Florida Export Finance
632 Corporation required under s. 288.7771.
633 (b) The report on international offices required under s.
635 Section 22. Section 288.907, Florida Statutes, is amended
636 to read:
637 288.907 Annual incentives report.—
638 (1) By December 30 of each year, In addition to the annual
639 report required under s. 288.906 , Enterprise Florida, Inc., in
640 conjunction with the department, by December 30 of each year,
641 shall provide the Governor, the President of the Senate, and the
642 Speaker of the House of Representatives a detailed incentives
643 report quantifying the economic benefits for all of the economic
644 development incentive programs marketed by Enterprise Florida,
646 (a) The annual incentives report must include:
647 (1) For each incentive program:
648 (a) 1. A brief description of the incentive program.
649 (b) 2. The amount of awards granted, by year, since
650 inception and the annual amount actually transferred from the
651 state treasury to businesses or for the benefit of businesses
652 for each of the previous 3 years.
653 3. The economic benefits, as defined in s. 288.005 , based
654 on the actual amount of private capital invested, actual number
655 of jobs created, and actual wages paid for incentive agreements
656 completed during the previous 3 years.
657 (c) 4. The report shall also include The actual amount of
658 private capital invested, actual number of jobs created, and
659 actual wages paid for incentive agreements completed during the
660 previous 3 years for each target industry sector.
661 (2) (b) For projects completed during the previous state
662 fiscal year , the report must include:
663 (a) 1. The number of economic development incentive
664 applications received.
665 (b) 2. The number of recommendations made to the department
666 by Enterprise Florida, Inc., including the number recommended
667 for approval and the number recommended for denial.
668 (c) 3. The number of final decisions issued by the
669 department for approval and for denial.
670 (d) 4. The projects for which a tax refund, tax credit, or
671 cash grant agreement was executed, identifying for each project:
672 1. a. The number of jobs committed to be created.
673 2. b. The amount of capital investments committed to be
675 3. c. The annual average wage committed to be paid.
676 4. d. The amount of state economic development incentives
677 committed to the project from each incentive program under the
678 project’s terms of agreement with the Department of Economic
680 5. e. The amount and type of local matching funds committed
681 to the project.
682 (e) Tax refunds paid or other payments made funded out of
683 the Economic Development Incentives Account for each project.
684 (f) The types of projects supported.
685 (3) (c) For economic development projects that received tax
686 refunds, tax credits, or cash grants under the terms of an
687 agreement for incentives , the report must identify:
688 (a) 1. The number of jobs actually created.
689 (b) 2. The amount of capital investments actually made.
690 (c) 3. The annual average wage paid.
691 (4) (d) For a project receiving economic development
692 incentives approved by the department and receiving federal or
693 local incentives, the report must include a description of the
694 federal or local incentives, if available.
695 (5) (e) The report must state the number of withdrawn or
696 terminated projects that did not fulfill the terms of their
697 agreements with the department and, consequently, are not
698 receiving incentives.
699 (6) For any agreements signed after July 1, 2010, findings
700 and recommendations on the efforts of the department to
701 ascertain the causes of any business’s inability to complete its
702 agreement made under s. 288.106.
703 (7) (f) The amount report must include an analysis of the
704 economic benefits, as defined in s. 288.005 , of tax refunds, tax
705 credits, or other payments made to projects locating or
706 expanding in state enterprise zones, rural communities,
707 brownfield areas, or distressed urban communities. The report
708 must include a separate analysis of the impact of such tax
709 refunds on state enterprise zones designated under s. 290.0065,
710 rural communities, brownfield areas, and distressed urban
712 (8) The name of and tax refund amount for each business
713 that has received a tax refund under s. 288.1045 or s. 288.106
714 during the preceding fiscal year.
715 (9) (g) An identification of The report must identify the
716 target industry businesses and high-impact businesses.
717 (10) (h) A description of The report must describe the
718 trends relating to business interest in, and usage of, the
719 various incentives, and the number of minority-owned or woman
720 owned businesses receiving incentives.
721 (l1) (i) An identification of The report must identify
722 incentive programs not used and recommendations for program
723 changes or program elimination utilized.
724 (12) Information related to the validation of contractor
725 performance required under s. 288.061.
726 (13) Beginning in 2014, a summation of the activities
727 related to the Florida Space Business Incentives Act.
728 (2) The Division of Strategic Business Development within
729 the department shall assist Enterprise Florida, Inc., in the
730 preparation of the annual incentives report.
731 Section 23. Subsection (3) of section 288.92, Florida
732 Statutes, is amended to read:
733 288.92 Divisions of Enterprise Florida, Inc.—
734 (3) By October 15 each year, each division shall draft and
735 submit an annual report that which details the division’s
736 activities during the prior fiscal year and includes any
737 recommendations for improving current statutes related to the
738 division’s related area. These annual reports shall be included
739 in the report required under s. 288.906.
740 Section 24. Subsection (5) of section 288.95155, Florida
741 Statutes, is amended to read:
742 288.95155 Florida Small Business Technology Growth
744 (5) Enterprise Florida, Inc., shall prepare for inclusion
745 in the annual report of the department required under s. 288.907
746 by s. 288.095 a report on the financial status of the program.
747 The report must specify the assets and liabilities of the
748 program within the current fiscal year and must include a
749 portfolio update that lists all of the businesses assisted, the
750 private dollars leveraged by each business assisted, and the
751 growth in sales and in employment of each business assisted.
752 Section 25. Subsection (11) of section 290.0056, Florida
753 Statutes, is amended to read:
754 290.0056 Enterprise zone development agency.—
755 (11) Before October 1 December 1 of each year, the agency
756 shall submit to the department for inclusion in the annual
757 report required under s. 20.60 a complete and detailed written
758 report setting forth:
759 (a) Its operations and accomplishments during the fiscal
761 (b) The accomplishments and progress concerning the
762 implementation of the strategic plan or measurable goals, and
763 any updates to the strategic plan or measurable goals.
764 (c) The number and type of businesses assisted by the
765 agency during the fiscal year.
766 (d) The number of jobs created within the enterprise zone
767 during the fiscal year.
768 (e) The usage and revenue impact of state and local
769 incentives granted during the calendar year.
770 (f) Any other information required by the department.
771 Section 26. Section 290.014, Florida Statutes, is amended
772 to read:
773 290.014 Annual reports on enterprise zones.—
774 (1) By October 1 February 1 of each year, the Department of
775 Revenue shall submit an annual report to the department
776 detailing the usage and revenue impact by county of the state
777 incentives listed in s. 290.007.
778 (2) By March 1 of each year, the department shall submit an
779 annual report to the Governor, the Speaker of the House of
780 Representatives, and the President of the Senate. The annual
781 report required under s. 20.60 shall include the information
782 provided by the Department of Revenue pursuant to subsection (1)
783 and the information provided by enterprise zone development
784 agencies pursuant to s. 290.0056. In addition, the report shall
785 include an analysis of the activities and accomplishments of
786 each enterprise zone.
787 Section 27. Subsection (11) of section 331.3051, Florida
788 Statutes, is amended to read:
789 331.3051 Duties of Space Florida.—Space Florida shall:
790 (11) Annually report on its performance with respect to its
791 business plan, to include finance, spaceport operations,
792 research and development, workforce development, and education.
793 The report shall be submitted to the Governor, the President of
794 the Senate, and the Speaker of the House of Representatives no
795 later than November 30 September 1 for the prior fiscal year.
796 The annual report must include operations information as
797 required under s. 331.310(2)(e).
798 Section 28. Paragraph (e) of subsection (2) of section
799 331.310, Florida Statutes, is amended to read:
800 331.310 Powers and duties of the board of directors.—
801 (2) The board of directors shall:
802 (e) Prepare an annual report of operations as a supplement
803 to the annual report required under s. 331.3051(11). The report
804 must shall include, but not be limited to, a balance sheet, an
805 income statement, a statement of changes in financial position,
806 a reconciliation of changes in equity accounts, a summary of
807 significant accounting principles, the auditor’s report, a
808 summary of the status of existing and proposed bonding projects,
809 comments from management about the year’s business, and
810 prospects for the next year , which shall be submitted each year
811 by November 30 to the Governor, the President of the Senate, the
812 Speaker of the House of Representatives, the minority leader of
813 the Senate, and the minority leader of the House of
815 Section 29. Subsection (4) of section 446.50, Florida
816 Statutes, is amended to read:
817 446.50 Displaced homemakers; multiservice programs; report
818 to the Legislature; Displaced Homemaker Trust Fund created.—
819 (4) STATE PLAN.—
820 (a) The Department of Economic Opportunity shall include in
821 the annual report required under s. 20.60 a develop a 3-year
822 state plan for the displaced homemaker program which shall be
823 updated annually. The plan must address, at a minimum, the need
824 for programs specifically designed to serve displaced
825 homemakers, any necessary service components for such programs
826 in addition to those enumerated in this section, goals of the
827 displaced homemaker program with an analysis of the extent to
828 which those goals are being met, and recommendations for ways to
829 address any unmet program goals. Any request for funds for
830 program expansion must be based on the state plan.
831 (b) The annual review and report required under s. 20.60
832 Each annual update must address any changes in the components of
833 the 3-year state plan and a report that must include, but need
834 not be limited to, the following:
835 1. The scope of the incidence of displaced homemakers;
836 2. A compilation and report, by program, of data submitted
837 to the department pursuant to subparagraph 3. by funded
838 displaced homemaker service programs;
839 3. An identification and description of the programs in the
840 state which receive funding from the department, including
841 funding information; and
842 4. An assessment of the effectiveness of each displaced
843 homemaker service program based on outcome criteria established
844 by rule of the department.
845 (c) The 3-year state plan must be submitted to the
846 President of the Senate, the Speaker of the House of
847 Representatives, and the Governor on or before January 1, 2001,
848 and annual updates of the plan must be submitted by January 1 of
849 each subsequent year.
850 Section 30. This act shall take effect upon becoming a law.