Florida Senate - 2013 CS for SB 406
By the Committee on Appropriations; and Senators Gardiner 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. Monthly distributions begin 60 days after such
517 certification or July 1, 2016, whichever is later, and continue
518 for not more than 30 years, except as otherwise provided in s.
519 288.11631. A certified applicant identified in this sub
520 subparagraph may not receive more in distributions than expended
521 by the applicant for the public purposes provided in s.
523 7. All other proceeds must remain in the General Revenue
525 Section 6. Paragraph (bb) is added to subsection (8) of
526 section 213.053, Florida Statutes, to read:
527 213.053 Confidentiality and information sharing.—
528 (8) Notwithstanding any other provision of this section,
529 the department may provide:
530 (bb) Information to the director of the Office of Program
531 Policy Analysis and Government Accountability or his or her
532 authorized agent, and to the coordinator of the Office of
533 Economic and Demographic Research or his or her authorized
534 agent, for purposes of completing the Economic Development
535 Programs Evaluation. Information obtained from the department
536 pursuant to this paragraph may be shared by the director and the
537 coordinator, or the director’s or coordinator’s authorized
538 agent, for purposes of completing the Economic Development
539 Programs Evaluation.
541 Disclosure of information under this subsection shall be
542 pursuant to a written agreement between the executive director
543 and the agency. Such agencies, governmental or nongovernmental,
544 shall be bound by the same requirements of confidentiality as
545 the Department of Revenue. Breach of confidentiality is a
546 misdemeanor of the first degree, punishable as provided by s.
547 775.082 or s. 775.083.
548 Section 7. Subsection (9) of section 220.194, Florida
549 Statutes, is amended to read:
550 220.194 Corporate income tax credits for spaceflight
552 (9) ANNUAL REPORT.—Beginning in 2014, the Department of
553 Economic Opportunity, in cooperation with Space Florida and the
554 department, shall include in the submit an annual incentives
555 report required under s. 288.907 a summary of summarizing
556 activities relating to the Florida Space Business Incentives Act
557 established under this section to the Governor, the President of
558 the Senate, and the Speaker of the House of Representatives by
559 each November 30.
560 Section 8. Subsection (4) is added to section 288.005,
561 Florida Statutes, to read:
562 288.005 Definitions.—As used in this chapter, the term:
563 (4) “Jobs” means full-time equivalent positions, including,
564 but not limited to, positions obtained from a temporary
565 employment agency or employee leasing company or through a union
566 agreement or coemployment under a professional employer
567 organization agreement, which result directly from a project in
568 this state. This number does not include temporary construction
569 jobs involved with the construction of facilities for the
571 Section 9. Subsection (3) of section 288.012, Florida
572 Statutes, is amended to read:
573 288.012 State of Florida international offices; state
574 protocol officer; protocol manual.—The Legislature finds that
575 the expansion of international trade and tourism is vital to the
576 overall health and growth of the economy of this state. This
577 expansion is hampered by the lack of technical and business
578 assistance, financial assistance, and information services for
579 businesses in this state. The Legislature finds that these
580 businesses could be assisted by providing these services at
581 State of Florida international offices. The Legislature further
582 finds that the accessibility and provision of services at these
583 offices can be enhanced through cooperative agreements or
584 strategic alliances between private businesses and state, local,
585 and international governmental entities.
586 (3) By October 1 of each year, Each international office
587 shall submit to Enterprise Florida, Inc., the department a
588 complete and detailed report on its activities and
589 accomplishments during the preceding fiscal year for inclusion
590 in the annual report required under s. 288.906. In a format
591 provided by Enterprise Florida, Inc., the report must set forth
592 information on:
593 (a) The number of Florida companies assisted.
594 (b) The number of inquiries received about investment
595 opportunities in this state.
596 (c) The number of trade leads generated.
597 (d) The number of investment projects announced.
598 (e) The estimated U.S. dollar value of sales confirmations.
599 (f) The number of representation agreements.
600 (g) The number of company consultations.
601 (h) Barriers or other issues affecting the effective
602 operation of the office.
603 (i) Changes in office operations which are planned for the
604 current fiscal year.
605 (j) Marketing activities conducted.
606 (k) Strategic alliances formed with organizations in the
607 country in which the office is located.
608 (l) Activities conducted with Florida’s other international
610 (m) Any other information that the office believes would
611 contribute to an understanding of its activities.
612 Section 10. Present subsections (2) and (3) of section
613 288.061, Florida Statutes, are renumbered as subsections (3) and
614 (4), respectively, and a new subsection (2) and subsection (5)
615 are added to that section, to read:
616 288.061 Economic development incentive application
618 (2) Beginning July 1, 2013, the department shall review and
619 evaluate each economic development incentive application for the
620 economic benefits of the proposed award of state incentives
621 proposed for the project. The term “economic benefits” has the
622 same meaning as in s. 288.005. The Office of Economic and
623 Demographic Research shall review and evaluate the methodology
624 and model used to calculate the economic benefits. For purposes
625 of this requirement, an amended definition of economic benefits
626 may be developed in conjunction with the Office of Economic and
627 Demographic Research. The Office of Economic and Demographic
628 Research shall report on the methodology and model by September
629 1, 2013, and every third year thereafter, to the President of
630 the Senate and the Speaker of the House of Representatives.
631 (5)(a) The executive director may not approve an economic
632 development incentive application unless the application
633 includes a signed written declaration by the applicant which
634 states that the applicant has read the information in the
635 application and that the information is true, correct, and
636 complete to the best of the applicant’s knowledge and belief.
637 (b) After an economic development incentive application is
638 approved, the awardee shall provide, in each year that the
639 department is required to validate contractor performance, a
640 signed written declaration. The written declaration must state
641 that the awardee has reviewed the information and that the
642 information is true, correct, and complete to the best of the
643 awardee’s knowledge and belief.
644 Section 11. Subsection (8) of section 288.0656, Florida
645 Statutes, is amended to read:
646 288.0656 Rural Economic Development Initiative.—
647 (8) REDI shall submit a report to the Governor, the
648 President of the Senate, and the Speaker of the House of
649 Representatives each year on or before September 1 on all REDI
650 activities for the prior fiscal year as a supplement to the
651 annual report required under s. 20.60. This report must shall
652 include a status report on all projects currently being
653 coordinated through REDI, the number of preferential awards and
654 allowances made pursuant to this section, the dollar amount of
655 such awards, and the names of the recipients. The report must
656 shall also include a description of all waivers of program
657 requirements granted. The report must shall also include
658 information as to the economic impact of the projects
659 coordinated by REDI, and recommendations based on the review and
660 evaluation of statutes and rules having an adverse impact on
661 rural communities, and proposals to mitigate such adverse
663 Section 12. Section 288.076, Florida Statutes, is created
664 to read:
665 288.076 Return on investment reporting for economic
666 development programs.—
667 (1) As used in this section, the term:
668 (a) “Jobs” has the same meaning as provided in s. 288.106.
669 (b) “Participant business” means an employing unit, as
670 defined in s. 443.036, that has entered into an agreement with
671 the department to receive a state investment.
672 (c) “Project” has the same meaning as provided in s.
674 (d) “Project award date” means the date a participant
675 business enters into an agreement with the department to receive
676 a state investment.
677 (e) “State investment” means any state grants, tax
678 exemptions, tax refunds, tax credits, or other state incentives
679 provided to a business under a program administered by the
680 department, including the capital investment tax credit under s.
682 (2) The department shall maintain a website for the purpose
683 of publishing the information described in this section. The
684 information required to be published under this section must be
685 provided in a format accessible to the public which enables
686 users to search for and sort specific data and to easily view
687 and retrieve all data at once.
688 (3) Within 48 hours after expiration of the period of
689 confidentiality for project information deemed confidential and
690 exempt pursuant to s. 288.075, the department shall publish the
691 following information pertaining to each project:
692 (a) Projected economic benefits.—The projected economic
693 benefits at the time of the initial project award date.
694 (b) Project information.—
695 1. The program or programs through which state investment
696 is being made.
697 2. The maximum potential cumulative state investment in the
699 3. The target industry or industries, and any high impact
700 sectors implicated by the project.
701 4. The county or counties that will be impacted by the
703 5. The total cumulative local financial commitment and in
704 kind support for the project.
705 (c) Participant business information.—
706 1. The location of the headquarters of the participant
707 business or, if a subsidiary, the headquarters of the parent
709 2. The firm size class of the participant business, or
710 where owned by a parent company the firm size class of the
711 participant business’s parent company, using the firm size
712 classes established by the United States Department of Labor
713 Bureau of Labor Statistics, and whether the participant business
714 qualifies as a small business as defined in s. 288.703.
715 3. The date of the project award.
716 4. The expected duration of the contract.
717 5. The anticipated dates when the participant business will
718 claim the last state investment.
719 (d) Project evaluation criteria.—
720 1. Economic benefits generated by the project.
721 2. The net indirect and induced incremental jobs to be
722 generated by the project.
723 3. The net indirect and induced incremental capital
724 investment to be generated by the project.
725 4. The net indirect and induced incremental tax revenue
726 paid to the state to be generated by the project.
727 (e) Project performance goals.—
728 1. The incremental direct jobs attributable to the project,
729 identifying the number of jobs generated and the number of jobs
731 2. The number of jobs generated and the number of jobs
732 retained by the project, and for projects commencing after
733 October 1, 2013, the median annual wage of persons holding such
735 3. The incremental direct capital investment in the state
736 generated by the project.
737 4. The incremental projected tax revenue to the state paid
738 by the participant business for the project.
739 (f) Total state investment to date.—The total amount of
740 state investment disbursed to the participant business to date
741 under the terms of the contract, itemized by incentive program.
742 (4) The department shall use methodology and formulas
743 established by the Office of Economic and Demographic Research
744 to calculate the economic benefits of each project. The
745 department shall calculate and publish on its website the
746 economic benefits of each project within 48 hours after the
747 conclusion of the agreement between each participant business
748 and the department. The Office of Economic and Demographic
749 Research shall provide a description of the methodology and
750 formulas used to calculate the economic benefits of a project to
751 the department, and the department must publish the information
752 on its website within 48 hours after receiving such information.
753 (5) At least annually, from the project award date, the
754 department shall:
755 (a) Publish verified results to update the information
756 described in paragraphs (3)(b)-(f) to accurately reflect any
757 changes in the published information since the project award
759 (b) Publish on its website the date on which the
760 information collected and published for each project was last
762 (6) Annually, the department shall publish information
763 relating to the progress of Quick Action Closing Fund projects,
764 including the average number of days between the date the
765 department receives a completed application and the date on
766 which the application is approved.
767 (7) The department shall publish the following documents at
768 the times specified herein:
769 (a) Within 48 hours after expiration of the period of
770 confidentiality provided under s. 288.075, the department shall
771 publish the contract or agreement described in s. 288.061. The
772 contract or agreement must be redacted to protect the
773 participant business from disclosure of information that remains
774 confidential or exempt by law.
775 (b) Within 48 hours after submitting any report of findings
776 and recommendations made pursuant to s. 288.106(7)(d) concerning
777 a business’s failure to complete a tax refund agreement pursuant
778 to the tax refund program for qualified target industry
779 businesses, the department shall publish such report.
780 (8) For projects completed before October 1, 2013, the
781 department shall compile and, by October 1, 2014, shall publish
782 the information described in subsections (3), (4), and (5), to
783 the extent such information is available and applicable.
784 (9) The provisions of this section that restrict the
785 department’s publication of information are intended only to
786 limit the information that the department may publish on its
787 website and shall not be construed to create an exemption from
788 public records requirements under s. 119.07(1) or s. 24(a), Art.
789 I of the State Constitution.
790 (10) The department may adopt rules to administer this
792 Section 13. Paragraph (c) of subsection (3) of section
793 288.095, Florida Statutes, is repealed.
794 Section 14. Paragraph (c) of subsection (4) and paragraph
795 (d) of subsection (7) of section 288.106, Florida Statutes, are
796 amended to read:
797 288.106 Tax refund program for qualified target industry
799 (4) APPLICATION AND APPROVAL PROCESS.—
800 (c) Each application meeting the requirements of paragraph
801 (b) must be submitted to the department for determination of
802 eligibility. The department shall review and evaluate each
803 application based on, but not limited to, the following
805 1. Expected contributions to the state’s economy,
806 consistent with the state strategic economic development plan
807 prepared by the department.
808 2. The economic benefits of the proposed award of tax
809 refunds under this section and the economic benefits of state
810 incentives proposed for the project. The term “economic
811 benefits” has the same meaning as in s. 288.005 . The Office of
812 Economic and Demographic Research shall review and evaluate the
813 methodology and model used to calculate the economic benefits
814 and shall report its findings by September 1 of every 3rd year,
815 to the President of the Senate and the Speaker of the House of
817 3. The amount of capital investment to be made by the
818 applicant in this state.
819 4. The local financial commitment and support for the
821 5. The expected effect of the project on the unemployed and
822 underemployed unemployment rate in the county where the project
823 will be located.
824 6. The expected effect of the award on the viability of the
825 project and the probability that the project would be undertaken
826 in this state if such tax refunds are granted to the applicant.
827 7. The expected long-term commitment of the applicant to
828 economic growth and employment in this state resulting from the
830 7. 8. A review of the business’s past activities in this
831 state or other states, including whether the such business has
832 been subjected to criminal or civil fines and penalties and
833 whether the business received economic development incentives in
834 other states and the results of such incentive agreements. This
835 subparagraph does not require the disclosure of confidential
837 (7) ADMINISTRATION.—
838 (d) Beginning with tax refund agreements signed after July
839 1, 2010, the department shall attempt to ascertain the causes
840 for any business’s failure to complete its agreement and shall
841 report its findings and recommendations must be included in the
842 annual incentives report under s. 288.907 to the Governor, the
843 President of the Senate, and the Speaker of the House of
844 Representatives. The report shall be submitted by December 1 of
845 each year beginning in 2011.
846 Section 15. Paragraphs (c) and (d) of subsection (1),
847 subsections (2) and (3), and paragraphs (a), (b), and (f) of
848 subsection (4) of section 288.107, Florida Statutes, are amended
849 to read:
850 288.107 Brownfield redevelopment bonus refunds.—
851 (1) DEFINITIONS.—As used in this section:
852 (c) “Brownfield area eligible for bonus refunds” means a
853 brownfield site for which a rehabilitation agreement with the
854 Department of Environmental Protection or a local government
855 delegated by the Department of Environmental Protection has been
856 executed under s. 376.80 and any abutting real property parcel
857 within a brownfield contiguous area of one or more brownfield
858 sites, some of which may not be contaminated, and which has been
859 designated by a local government by resolution under s. 376.80.
860 Such areas may include all or portions of community
861 redevelopment areas, enterprise zones, empowerment zones, other
862 such designated economically deprived communities and areas, and
863 Environmental-Protection-Agency-designated brownfield pilot
865 (d) “Eligible business” means:
866 1. A qualified target industry business as defined in s.
867 288.106(2); or
868 2. A business that can demonstrate a fixed capital
869 investment of at least $2 million in mixed-use business
870 activities, including multiunit housing, commercial, retail, and
871 industrial in brownfield areas eligible for bonus refunds, or at
872 least $500,000 in brownfield areas that do not require site
873 cleanup, and that provides benefits to its employees.
874 (2) BROWNFIELD REDEVELOPMENT BONUS REFUND.—Bonus refunds
875 shall be approved by the department as specified in the final
876 order and allowed from the account as follows:
877 (a) A bonus refund of $2,500 shall be allowed to any
878 qualified target industry business as defined in s. 288.106 for
879 each new Florida job created in a brownfield area eligible for
880 bonus refunds which that is claimed on the qualified target
881 industry business’s annual refund claim authorized in s.
883 (b) A bonus refund of up to $2,500 shall be allowed to any
884 other eligible business as defined in subparagraph (1)(d)2. for
885 each new Florida job created in a brownfield area eligible for
886 bonus refunds which that is claimed under an annual claim
887 procedure similar to the annual refund claim authorized in s.
888 288.106(6). The amount of the refund shall be equal to 20
889 percent of the average annual wage for the jobs created.
890 (3) CRITERIA.—The minimum criteria for participation in the
891 brownfield redevelopment bonus refund are:
892 (a) The creation of at least 10 new full-time permanent
893 jobs. Such jobs shall not include construction or site
894 rehabilitation jobs associated with the implementation of a
895 brownfield site agreement as described in s. 376.80(5).
896 (b) The completion of a fixed capital investment of at
897 least $2 million in mixed-use business activities, including
898 multiunit housing, commercial, retail, and industrial in
899 brownfield areas eligible for bonus refunds, or at least
900 $500,000 in brownfield areas that do not require site cleanup,
901 by an eligible business applying for a refund under paragraph
902 (2)(b) which provides benefits to its employees.
903 (c) That the designation as a brownfield will diversify and
904 strengthen the economy of the area surrounding the site.
905 (d) That the designation as a brownfield will promote
906 capital investment in the area beyond that contemplated for the
907 rehabilitation of the site.
908 (e) A resolution adopted by the governing board of the
909 county or municipality in which the project will be located that
910 recommends that certain types of businesses be approved.
911 (4) PAYMENT OF BROWNFIELD REDEVELOPMENT BONUS REFUNDS.—
912 (a) To be eligible to receive a bonus refund for new
913 Florida jobs created in a brownfield area eligible for bonus
914 refunds, a business must have been certified as a qualified
915 target industry business under s. 288.106 or eligible business
916 as defined in paragraph (1)(d) and must have indicated on the
917 qualified target industry business tax refund application form
918 submitted in accordance with s. 288.106(4) or other similar
919 agreement for other eligible business as defined in paragraph
920 (1)(d) that the project for which the application is submitted
921 is or will be located in a brownfield area eligible for bonus
922 refunds and that the business is applying for certification as a
923 qualified brownfield business under this section, and must have
924 signed a qualified target industry business tax refund agreement
925 with the department that indicates that the business has been
926 certified as a qualified target industry business located in a
927 brownfield area eligible for bonus refunds and specifies the
928 schedule of brownfield redevelopment bonus refunds that the
929 business may be eligible to receive in each fiscal year.
930 (b) To be considered to receive an eligible brownfield
931 redevelopment bonus refund payment, the business meeting the
932 requirements of paragraph (a) must submit a claim once each
933 fiscal year on a claim form approved by the department which
934 indicates the location of the brownfield site for which a
935 rehabilitation agreement with the Department of Environmental
936 Protection or a local government delegated by the Department of
937 Environmental Protection has been executed under s. 376.80, the
938 address of the business facility’s brownfield location, the name
939 of the brownfield in which it is located, the number of jobs
940 created, and the average wage of the jobs created by the
941 business within the brownfield as defined in s. 288.106 or other
942 eligible business as defined in paragraph (1)(d) and the
943 administrative rules and policies for that section.
944 (f) Applications shall be reviewed and certified pursuant
945 to s. 288.061. The department shall review all applications
946 submitted under s. 288.106 or other similar application forms
947 for other eligible businesses as defined in paragraph (1)(d)
948 which indicate that the proposed project will be located in a
949 brownfield area eligible for bonus refunds and determine, with
950 the assistance of the Department of Environmental Protection,
951 that the project location is within a brownfield area eligible
952 for bonus refunds as provided in this act.
953 Section 16. Subsection (8) of section 288.1081, Florida
954 Statutes, is amended to read:
955 288.1081 Economic Gardening Business Loan Pilot Program.—
956 (8) The annual report required under s. 20.60 must describe
957 On June 30 and December 31 of each year, the department shall
958 submit a report to the Governor, the President of the Senate,
959 and the Speaker of the House of Representatives which describes
960 in detail the use of the loan funds. The report must include, at
961 a minimum, the number of businesses receiving loans, the number
962 of full-time equivalent jobs created as a result of the loans,
963 the amount of wages paid to employees in the newly created jobs,
964 the locations and types of economic activity undertaken by the
965 borrowers, the amounts of loan repayments made to date, and the
966 default rate of borrowers.
967 Section 17. Subsection (8) of section 288.1082, Florida
968 Statutes, is amended to read:
969 288.1082 Economic Gardening Technical Assistance Pilot
971 (8) The annual report required under s. 20.60 must describe
972 On December 31 of each year, the department shall submit a
973 report to the Governor, the President of the Senate, and the
974 Speaker of the House of Representatives which describes in
975 detail the progress of the pilot program. The report must
976 include, at a minimum, the number of businesses receiving
977 assistance, the number of full-time equivalent jobs created as a
978 result of the assistance, if any, the amount of wages paid to
979 employees in the newly created jobs, and the locations and types
980 of economic activity undertaken by the businesses.
981 Section 18. Paragraph (e) of subsection (3) of section
982 288.1088, Florida Statutes, is amended to read:
983 288.1088 Quick Action Closing Fund.—
985 (e) The department Enterprise Florida, Inc., shall validate
986 contractor performance. Such validation shall be reported in the
987 annual incentives report required under s. 288.907 within 6
988 months after completion of the contract to the Governor,
989 President of the Senate, and the Speaker of the House of
991 Section 19. Paragraphs (b) and (d) of subsection (4), and
992 subsections (9) and (11) of section 288.1089, Florida Statutes,
993 are amended to read:
994 288.1089 Innovation Incentive Program.—
995 (4) To qualify for review by the department, the applicant
996 must, at a minimum, establish the following to the satisfaction
997 of the department:
998 (b) A research and development project must:
999 1. Serve as a catalyst for an emerging or evolving
1000 technology cluster.
1001 2. Demonstrate a plan for significant higher education
1003 3. Provide the state, at a minimum, a cumulative break-even
1004 economic benefit return on investment within a 20-year period.
1005 4. Be provided with a one-to-one match from the local
1006 community. The match requirement may be reduced or waived in
1007 rural areas of critical economic concern or reduced in rural
1008 areas, brownfield areas, and enterprise zones.
1009 (d) For an alternative and renewable energy project in this
1010 state, the project must:
1011 1. Demonstrate a plan for significant collaboration with an
1012 institution of higher education;
1013 2. Provide the state, at a minimum, a cumulative break-even
1014 economic benefit return on investment within a 20-year period;
1015 3. Include matching funds provided by the applicant or
1016 other available sources. The match requirement may be reduced or
1017 waived in rural areas of critical economic concern or reduced in
1018 rural areas, brownfield areas, and enterprise zones;
1019 4. Be located in this state; and
1020 5. Provide at least 35 direct, new jobs that pay an
1021 estimated annual average wage that equals at least 130 percent
1022 of the average private sector wage.
1023 (9) The department shall validate the performance of an
1024 innovation business, a research and development facility, or an
1025 alternative and renewable energy business that has received an
1026 award. At the conclusion of the innovation incentive award
1027 agreement, or its earlier termination, the department shall ,
1028 within 90 days, submit, as part of the annual incentives report
1029 required under s. 288.907, a report to the Governor, the
1030 President of the Senate, and the Speaker of the House of
1031 Representatives detailing whether the recipient of the
1032 innovation incentive grant achieved its specified outcomes.
1033 (11) (a) The department shall submit to the Governor, the
1034 President of the Senate, and the Speaker of the House of
1035 Representatives, as part of the annual incentives report
1036 required under s. 288.907, a report summarizing the activities
1037 and accomplishments of the recipients of grants from the
1038 Innovation Incentive Program during the previous 12 months and
1039 an evaluation of whether the recipients are catalysts for
1040 additional direct and indirect economic development in Florida.
1041 (b) Beginning March 1, 2010, and every third year
1042 thereafter, the Office of Program Policy Analysis and Government
1043 Accountability, in consultation with the Auditor General’s
1044 Office, shall release a report evaluating the Innovation
1045 Incentive Program’s progress toward creating clusters of high
1046 wage, high-skilled, complementary industries that serve as
1047 catalysts for economic growth specifically in the regions in
1048 which they are located, and generally for the state as a whole.
1049 Such report should include critical analyses of quarterly and
1050 annual reports, annual audits, and other documents prepared by
1051 the Innovation Incentive Program awardees; relevant economic
1052 development reports prepared by the department, Enterprise
1053 Florida, Inc., and local or regional economic development
1054 organizations; interviews with the parties involved; and any
1055 other relevant data. Such report should also include legislative
1056 recommendations, if necessary, on how to improve the Innovation
1057 Incentive Program so that the program reaches its anticipated
1058 potential as a catalyst for direct and indirect economic
1059 development in this state.
1060 Section 20. Contingent upon the repeal of s. 220.63(5),
1061 Florida Statutes, by the enactment of SB 306 or similar
1062 legislation, section 288.11631, Florida Statutes, is created to
1064 288.11631 Retention of Major League Baseball spring
1065 training baseball franchises.—
1066 (1) DEFINITIONS.—As used in this section, the term:
1067 (a) “Agreement” means a certified, signed lease between an
1068 applicant that applies for certification on or after July 1,
1069 2013, and a spring training franchise for the use of a facility.
1070 (b) “Applicant” means a unit of local government as defined
1071 in s. 218.369, including a local government located in the same
1072 county, which has partnered with a certified applicant before
1073 the effective date of this section or with an applicant for a
1074 new certification, for purposes of sharing in the
1075 responsibilities of a facility.
1076 (c) “Certified applicant” means a facility for a spring
1077 training franchise or a unit of local government that is
1078 certified under this section.
1079 (d) “Facility” means a spring training stadium, playing
1080 fields, and appurtenances intended to support spring training
1082 (e) “Local funds” and “local matching funds” mean funds
1083 provided by a county, municipality, or other local government.
1084 (2) CERTIFICATION PROCESS.—
1085 (a) Before certifying an applicant to receive state funding
1086 for a facility for a spring training franchise, the department
1087 must verify that:
1088 1. The applicant is responsible for the construction or
1089 renovation of the facility for a spring training franchise or
1090 holds title to the property on which the facility for a spring
1091 training franchise is located.
1092 2. The applicant has a certified copy of a signed agreement
1093 with a spring training franchise. The signed agreement with a
1094 spring training franchise for the use of a facility must, at a
1095 minimum, be equal to the length of the term of the bonds issued
1096 for the public purpose of constructing or renovating a facility
1097 for a spring training franchise. If no such bonds are issued for
1098 the public purpose of constructing or renovating a facility for
1099 a spring training franchise, the signed agreement with a spring
1100 training franchise for the use of a facility must be for at
1101 least 20 years. Any such agreement with a spring training
1102 franchise for the use of a facility cannot be signed more than 3
1103 years before the expiration of any existing agreement with a
1104 spring training franchise for the use of a facility. The
1105 agreement must also require the franchise to reimburse the state
1106 for state funds expended by an applicant under this section if
1107 the franchise relocates before the agreement expires. The
1108 agreement may be contingent on an award of funds under this
1109 section and other conditions precedent.
1110 3. The applicant has made a financial commitment to provide
1111 50 percent or more of the funds required by an agreement for the
1112 construction or renovation of the facility for a spring training
1113 franchise. The commitment may be contingent upon an award of
1114 funds under this section and other conditions precedent.
1115 4. The applicant demonstrates that the facility for a
1116 spring training franchise will attract a paid attendance of at
1117 least 50,000 persons annually to the spring training games.
1118 5. The facility for a spring training franchise is located
1119 in a county that levies a tourist development tax under s.
1121 (b) The department shall evaluate applications for state
1122 funding of the construction or renovation of the facility for a
1123 spring training franchise. The evaluation criteria must include
1124 the following items:
1125 1. The anticipated effect on the economy of the local
1126 community where the facility is to be constructed or renovated,
1127 including projections on paid attendance, local and state tax
1128 collections generated by spring training games, and direct and
1129 indirect job creation resulting from the spring training
1131 2. The amount of the local matching funds committed to a
1132 facility relative to the amount of state funding sought.
1133 3. The potential for the facility to be used as a multiple
1134 purpose, year-round facility.
1135 4. The intended use of the funds by the applicant.
1136 5. The length of time that a spring training franchise has
1137 been under an agreement to conduct spring training activities
1138 within an applicant’s geographic location or jurisdiction.
1139 6. The length of time that an applicant’s facility has been
1140 used by one or more spring training franchises, including
1141 continuous use as facilities for spring training.
1142 7. The term remaining on a lease between an applicant and a
1143 spring training franchise for a facility.
1144 8. The length of time that a spring training franchise
1145 agrees to use an applicant’s facility if an application is
1146 granted under this section.
1147 9. The location of the facility in a brownfield, an
1148 enterprise zone, a community redevelopment area, or other area
1149 of targeted development or revitalization included in an urban
1150 infill redevelopment plan.
1151 (c) Each applicant certified on or after July 1, 2013,
1152 shall enter into an agreement with the department which:
1153 1. Specifies the amount of the state incentive funding to
1154 be distributed. The amount of state incentive funding per
1155 certified applicant may not exceed $20 million. However, if a
1156 certified applicant has more than one spring training franchise,
1157 the maximum amount may not exceed $40 million.
1158 2. States the criteria that the certified applicant must
1159 meet in order to remain certified. These criteria must include a
1160 provision stating that the spring training franchise must
1161 reimburse the state for any funds received if the franchise does
1162 not comply with the terms of the contract.
1163 3. States that the certified applicant is subject to
1164 decertification if the certified applicant fails to comply with
1165 this section or the agreement.
1166 4. States that the department may recover state incentive
1167 funds if the certified applicant is decertified.
1168 5. Specifies the information that the certified applicant
1169 must report to the department.
1170 6. Includes any provision deemed prudent by the department.
1171 (3) USE OF FUNDS.—
1172 (a) A certified applicant may use funds provided under s.
1173 212.20(6)(d)6.e. only to:
1174 1. Serve the public purpose of constructing or renovating a
1175 facility for a spring training franchise.
1176 2. Pay or pledge for the payment of debt service on, or to
1177 fund debt service reserve funds, arbitrage rebate obligations,
1178 or other amounts payable with respect thereto, bonds issued for
1179 the construction or renovation of such facility, or for the
1180 reimbursement of such costs or the refinancing of bonds issued
1181 for such purposes.
1182 (b) State funds awarded to a certified applicant for a
1183 facility for a spring training franchise may not be used to
1184 subsidize facilities that are privately owned by, maintained by,
1185 and used exclusively by a spring training franchise.
1186 (c) The Department of Revenue may not distribute funds
1187 under 212.20(6)(d)6.e. until July 1, 2016. Further, the
1188 Department of Revenue may not distribute funds to an applicant
1189 certified on or after July 1, 2013, until it receives notice
1190 from the department that:
1191 1. The certified applicant has encumbered funds under
1192 either subparagraph (a)1. or 2.; and
1193 2. If applicable, any existing agreement with a spring
1194 training franchise for the use of a facility has expired.
1195 (d)1. All certified applicants shall place unexpended state
1196 funds received pursuant to s. 212.20(6)(d)6.e. in a trust fund
1197 or separate account for use only as authorized in this section.
1198 2. A certified applicant may request that the Department of
1199 Revenue suspend further distributions of state funds made
1200 available under s. 212.20(6)(d)6.e. for 12 months after
1201 expiration of an existing agreement with a spring training
1202 franchise to provide the certified applicant with an opportunity
1203 to enter into a new agreement with a spring training franchise,
1204 at which time the distributions shall resume.
1205 3. The expenditure of state funds distributed to an
1206 applicant certified after July 1, 2013, must begin within 48
1207 months after the initial receipt of the state funds. In
1208 addition, the construction or renovation of a spring training
1209 facility must be completed within 24 months after the project’s
1211 (4) ANNUAL REPORTS.—
1212 (a) On or before September 1 of each year, a certified
1213 applicant shall submit to the department a report that includes,
1214 but is not limited to:
1215 1. A detailed accounting of all local and state funds
1216 expended to date on the project financed under this section.
1217 2. A copy of the contract between the certified local
1218 governmental entity and the spring training franchise.
1219 3. A cost-benefit analysis of the team’s impact on the
1221 4. Evidence that the certified applicant continues to meet
1222 the criteria in effect when the applicant was certified.
1223 (b) The department shall compile the information received
1224 from each certified applicant and publish the information
1225 annually by November 1.
1226 (5) DECERTIFICATION.—
1227 (a) The department shall decertify a certified applicant
1228 upon the request of the certified applicant.
1229 (b) The department shall decertify a certified applicant if
1230 the certified applicant does not:
1231 1. Have a valid agreement with a spring training franchise;
1233 2. Satisfy its commitment to provide local matching funds
1234 to the facility.
1236 However, decertification proceedings against a local government
1237 certified after July 1, 2013, shall be delayed until 12 months
1238 after the expiration of the local government’s existing
1239 agreement with a spring training franchise, and without a new
1240 agreement being signed, if the certified local government can
1241 demonstrate to the department that it is in active negotiations
1242 with a major league spring training franchise, other than the
1243 franchise that was the basis for the original certification.
1244 (c) A certified applicant has 60 days after it receives a
1245 notice of intent to decertify from the department to petition
1246 for review of the decertification. Within 45 days after receipt
1247 of the request for review, the department must notify a
1248 certified applicant of the outcome of the review.
1249 (d) The department shall notify the Department of Revenue
1250 that a certified applicant has been decertified within 10 days
1251 after the order of decertification becomes final. The Department
1252 of Revenue shall immediately stop the payment of any funds under
1253 this section which were not encumbered by the certified
1254 applicant under subparagraph (3)(a)2.
1255 (e) The department shall order a decertified applicant to
1256 repay all of the unencumbered state funds that the applicant
1257 received under this section and any interest that accrued on
1258 those funds. The repayment must be made within 60 days after the
1259 decertification order becomes final. These funds shall be
1260 deposited into the General Revenue Fund.
1261 (f) A local government as defined in s. 218.369 may not be
1262 decertified by the department if it has paid or pledged for the
1263 payment of debt service on, or to fund debt service reserve
1264 funds, arbitrage rebate obligations, or other amounts payable
1265 with respect thereto, bonds issued for the construction or
1266 renovation of the facility for which the local government was
1267 certified, or for the reimbursement of such costs or the
1268 refinancing of bonds issued for the construction or renovation
1269 of the facility for which the local government was certified, or
1270 for the reimbursement of such costs or the refinancing of bonds
1271 issued for such purpose. This subsection does not preclude or
1272 restrict the ability of a certified local government to
1273 refinance, refund, or defease such bonds.
1274 (6) RULEMAKING.—The department shall adopt rules to
1275 implement the certification, decertification, and
1276 decertification review processes required by this section.
1277 (7) AUDITS.—The Auditor General may conduct audits as
1278 provided in s. 11.45 to verify that the distributions under this
1279 section are expended as required in this section. If the Auditor
1280 General determines that the distributions under this section are
1281 not expended as required by this section, the Auditor General
1282 shall notify the Department of Revenue, which may pursue
1283 recovery of the funds under the laws and rules governing the
1284 assessment of taxes.
1285 Section 21. Subsection (3) of section 288.1253, Florida
1286 Statutes, is amended to read:
1287 288.1253 Travel and entertainment expenses.—
1288 (3) The department shall prepare an annual report of the
1289 expenditures of the previous fiscal year of the Office of Film
1290 and Entertainment and provide such report to the Legislature on
1291 November 1 no later than December 30 of each year as part of the
1292 report required under s. 288.1254(10) for the expenditures of
1293 the previous fiscal year. The report shall consist of a summary
1294 of all travel, entertainment, and incidental expenses incurred
1295 within the United States and all travel, entertainment, and
1296 incidental expenses incurred outside the United States, as well
1297 as a summary of all successful projects that developed from such
1299 Section 22. Subsection (10) of section 288.1254, Florida
1300 Statutes, is amended to read:
1301 288.1254 Entertainment industry financial incentive
1303 (10) ANNUAL REPORT.—Each November 1 October 1, the Office
1304 of Film and Entertainment shall provide an annual report for the
1305 previous fiscal year to the Governor, the President of the
1306 Senate, and the Speaker of the House of Representatives which
1307 outlines the return on investment and economic benefits to the
1308 state. The report must shall also include an estimate of the
1309 full-time equivalent positions created by each production that
1310 received tax credits under this section and information relating
1311 to the distribution of productions receiving credits by
1312 geographic region and type of production. The report must also
1313 include the expenditures report required under s. 288.1253(3)
1314 and the report detailing the relationship between tax exemptions
1315 and incentives to industry growth required under s. 288.1258(5).
1316 Section 23. Subsection (5) of section 288.1258, Florida
1317 Statutes, is amended to read:
1318 288.1258 Entertainment industry qualified production
1319 companies; application procedure; categories; duties of the
1320 Department of Revenue; records and reports.—
1321 (5) RELATIONSHIP OF TAX EXEMPTIONS AND INCENTIVES TO
1322 INDUSTRY GROWTH; REPORT TO THE LEGISLATURE.—The Office of Film
1323 and Entertainment shall keep annual records from the information
1324 provided on taxpayer applications for tax exemption certificates
1325 beginning January 1, 2001. These records also must shall reflect
1326 a ratio of the annual amount of sales and use tax exemptions
1327 under this section, plus the incentives awarded pursuant to s.
1328 288.1254 to the estimated amount of funds expended by certified
1329 productions. In addition, the office shall maintain data showing
1330 annual growth in Florida-based entertainment industry companies
1331 and entertainment industry employment and wages. The employment
1332 information must shall include an estimate of the full-time
1333 equivalent positions created by each production that received
1334 tax credits pursuant to s. 288.1254. The Office of Film and
1335 Entertainment shall report this information to the Legislature
1336 no later than November 1 December 1 of each year as part of the
1337 report required under s. 288.1254(10).
1338 Section 24. Subsection (3) of section 288.714, Florida
1339 Statutes, is amended to read:
1340 288.714 Quarterly and annual reports.—
1341 (3) The annual review and report required under s. 20.60
1342 must include By August 31 of each year, the department shall
1343 provide to the Governor, the President of the Senate, and the
1344 Speaker of the House of Representatives a detailed report of the
1345 performance of the Black Business Loan Program. The report must
1346 include a cumulative summary of quarterly report data required
1347 by subsection (1).
1348 Section 25. Section 288.7771, Florida Statutes, is amended
1349 to read:
1350 288.7771 Annual report of Florida Export Finance
1351 Corporation.—The corporation shall annually prepare and submit
1352 to Enterprise Florida, Inc., the department for inclusion in its
1353 annual report required by s. 288.906, s. 288.095 a complete and
1354 detailed report setting forth:
1355 (1) The report required in s. 288.776(3).
1356 (2) Its assets and liabilities at the end of its most
1357 recent fiscal year.
1358 Section 26. Section 288.903, Florida Statutes, is amended
1359 to read:
1360 288.903 Duties of Enterprise Florida, Inc.—Enterprise
1361 Florida, Inc., shall have the following duties:
1362 (1) Responsibly and prudently manage all public and private
1363 funds received, and ensure that the use of such funds is in
1364 accordance with all applicable laws, bylaws, or contractual
1366 (2) Administer the entities or programs created pursuant to
1367 part IX of this chapter; ss. 288.9622-288.9624; ss. 288.95155
1368 and 288.9519; and chapter 95-429, Laws of Florida, line 1680Y.
1369 (3) Prepare an annual report pursuant to s. 288.906.
1370 (4) Prepare, in conjunction with the department, and an
1371 annual incentives report pursuant to s. 288.907.
1372 (5) (4) Assist the department with the development of an
1373 annual and a long-range strategic business blueprint for
1374 economic development required in s. 20.60.
1375 (6) (5) In coordination with Workforce Florida, Inc.,
1376 identify education and training programs that will ensure
1377 Florida businesses have access to a skilled and competent
1378 workforce necessary to compete successfully in the domestic and
1379 global marketplace.
1380 Section 27. Subsection (6) of section 288.904, Florida
1381 Statutes, is repealed.
1382 Section 28. Subsection (3) is added to section 288.906,
1383 Florida Statutes, to read:
1384 288.906 Annual report of Enterprise Florida, Inc., and its
1385 divisions; audits.—
1386 (3) The following reports must be included as supplements
1387 to the detailed report required by this section:
1388 (a) The annual report of the Florida Export Finance
1389 Corporation required under s. 288.7771.
1390 (b) The report on international offices required under s.
1392 Section 29. Section 288.907, Florida Statutes, is amended
1393 to read:
1394 288.907 Annual incentives report.—
1395 (1) By December 30 of each year, In addition to the annual
1396 report required under s. 288.906 , Enterprise Florida, Inc., in
1397 conjunction with the department, by December 30 of each year,
1398 shall provide the Governor, the President of the Senate, and the
1399 Speaker of the House of Representatives a detailed incentives
1400 report quantifying the economic benefits for all of the economic
1401 development incentive programs marketed by Enterprise Florida,
1403 (a) The annual incentives report must include:
1404 (1) For each incentive program:
1405 (a) 1. A brief description of the incentive program.
1406 (b) 2. The amount of awards granted, by year, since
1407 inception and the annual amount actually transferred from the
1408 state treasury to businesses or for the benefit of businesses
1409 for each of the previous 3 years.
1410 3. The economic benefits, as defined in s. 288.005 , based
1411 on the actual amount of private capital invested, actual number
1412 of jobs created, and actual wages paid for incentive agreements
1413 completed during the previous 3 years.
1414 (c) 4. The report shall also include The actual amount of
1415 private capital invested, actual number of jobs created, and
1416 actual wages paid for incentive agreements completed during the
1417 previous 3 years for each target industry sector.
1418 (2) (b) For projects completed during the previous state
1419 fiscal year , the report must include:
1420 (a) 1. The number of economic development incentive
1421 applications received.
1422 (b) 2. The number of recommendations made to the department
1423 by Enterprise Florida, Inc., including the number recommended
1424 for approval and the number recommended for denial.
1425 (c) 3. The number of final decisions issued by the
1426 department for approval and for denial.
1427 (d) 4. The projects for which a tax refund, tax credit, or
1428 cash grant agreement was executed, identifying for each project:
1429 1. a. The number of jobs committed to be created.
1430 2. b. The amount of capital investments committed to be
1432 3. c. The annual average wage committed to be paid.
1433 4. d. The amount of state economic development incentives
1434 committed to the project from each incentive program under the
1435 project’s terms of agreement with the Department of Economic
1437 5. e. The amount and type of local matching funds committed
1438 to the project.
1439 (e) Tax refunds paid or other payments made funded out of
1440 the Economic Development Incentives Account for each project.
1441 (f) The types of projects supported.
1442 (3) (c) For economic development projects that received tax
1443 refunds, tax credits, or cash grants under the terms of an
1444 agreement for incentives , the report must identify:
1445 (a) 1. The number of jobs actually created.
1446 (b) 2. The amount of capital investments actually made.
1447 (c) 3. The annual average wage paid.
1448 (4) (d) For a project receiving economic development
1449 incentives approved by the department and receiving federal or
1450 local incentives, the report must include a description of the
1451 federal or local incentives, if available.
1452 (5) (e) The report must state the number of withdrawn or
1453 terminated projects that did not fulfill the terms of their
1454 agreements with the department and, consequently, are not
1455 receiving incentives.
1456 (6) For any agreements signed after July 1, 2010, findings
1457 and recommendations on the efforts of the department to
1458 ascertain the causes of any business’s inability to complete its
1459 agreement made under s. 288.106.
1460 (7) (f) The amount report must include an analysis of the
1461 economic benefits, as defined in s. 288.005 , of tax refunds, tax
1462 credits, or other payments made to projects locating or
1463 expanding in state enterprise zones, rural communities,
1464 brownfield areas, or distressed urban communities. The report
1465 must include a separate analysis of the impact of such tax
1466 refunds on state enterprise zones designated under s. 290.0065,
1467 rural communities, brownfield areas, and distressed urban
1469 (8) The name of and tax refund amount for each business
1470 that has received a tax refund under s. 288.1045 or s. 288.106
1471 during the preceding fiscal year.
1472 (9) (g) An identification of The report must identify the
1473 target industry businesses and high-impact businesses.
1474 (10) (h) A description of The report must describe the
1475 trends relating to business interest in, and usage of, the
1476 various incentives, and the number of minority-owned or woman
1477 owned businesses receiving incentives.
1478 (l1) (i) An identification of The report must identify
1479 incentive programs not used and recommendations for program
1480 changes or program elimination utilized.
1481 (12) Information related to the validation of contractor
1482 performance required under s. 288.061.
1483 (13) Beginning in 2014, a summation of the activities
1484 related to the Florida Space Business Incentives Act.
1485 (2) The Division of Strategic Business Development within
1486 the department shall assist Enterprise Florida, Inc., in the
1487 preparation of the annual incentives report.
1488 Section 30. Subsection (3) of section 288.92, Florida
1489 Statutes, is amended to read:
1490 288.92 Divisions of Enterprise Florida, Inc.—
1491 (3) By October 15 each year, each division shall draft and
1492 submit an annual report that which details the division’s
1493 activities during the prior fiscal year and includes any
1494 recommendations for improving current statutes related to the
1495 division’s related area. These annual reports shall be included
1496 in the report required under s. 288.906.
1497 Section 31. Subsection (5) of section 288.95155, Florida
1498 Statutes, is amended to read:
1499 288.95155 Florida Small Business Technology Growth
1501 (5) Enterprise Florida, Inc., shall prepare for inclusion
1502 in the annual report of the department required under s. 288.907
1503 by s. 288.095 a report on the financial status of the program.
1504 The report must specify the assets and liabilities of the
1505 program within the current fiscal year and must include a
1506 portfolio update that lists all of the businesses assisted, the
1507 private dollars leveraged by each business assisted, and the
1508 growth in sales and in employment of each business assisted.
1509 Section 32. Subsection (11) of section 290.0056, Florida
1510 Statutes, is amended to read:
1511 290.0056 Enterprise zone development agency.—
1512 (11) Before October 1 December 1 of each year, the agency
1513 shall submit to the department for inclusion in the annual
1514 report required under s. 20.60 a complete and detailed written
1515 report setting forth:
1516 (a) Its operations and accomplishments during the fiscal
1518 (b) The accomplishments and progress concerning the
1519 implementation of the strategic plan or measurable goals, and
1520 any updates to the strategic plan or measurable goals.
1521 (c) The number and type of businesses assisted by the
1522 agency during the fiscal year.
1523 (d) The number of jobs created within the enterprise zone
1524 during the fiscal year.
1525 (e) The usage and revenue impact of state and local
1526 incentives granted during the calendar year.
1527 (f) Any other information required by the department.
1528 Section 33. Section 290.014, Florida Statutes, is amended
1529 to read:
1530 290.014 Annual reports on enterprise zones.—
1531 (1) By October 1 February 1 of each year, the Department of
1532 Revenue shall submit an annual report to the department
1533 detailing the usage and revenue impact by county of the state
1534 incentives listed in s. 290.007.
1535 (2) By March 1 of each year, the department shall submit an
1536 annual report to the Governor, the Speaker of the House of
1537 Representatives, and the President of the Senate. The annual
1538 report required under s. 20.60 shall include the information
1539 provided by the Department of Revenue pursuant to subsection (1)
1540 and the information provided by enterprise zone development
1541 agencies pursuant to s. 290.0056. In addition, the report shall
1542 include an analysis of the activities and accomplishments of
1543 each enterprise zone.
1544 Section 34. Subsection (11) of section 331.3051, Florida
1545 Statutes, is amended to read:
1546 331.3051 Duties of Space Florida.—Space Florida shall:
1547 (11) Annually report on its performance with respect to its
1548 business plan, to include finance, spaceport operations,
1549 research and development, workforce development, and education.
1550 The report shall be submitted to the Governor, the President of
1551 the Senate, and the Speaker of the House of Representatives no
1552 later than November 30 September 1 for the prior fiscal year.
1553 The annual report must include operations information as
1554 required under s. 331.310(2)(e).
1555 Section 35. Paragraph (e) of subsection (2) of section
1556 331.310, Florida Statutes, is amended to read:
1557 331.310 Powers and duties of the board of directors.—
1558 (2) The board of directors shall:
1559 (e) Prepare an annual report of operations as a supplement
1560 to the annual report required under s. 331.3051(11). The report
1561 must shall include, but not be limited to, a balance sheet, an
1562 income statement, a statement of changes in financial position,
1563 a reconciliation of changes in equity accounts, a summary of
1564 significant accounting principles, the auditor’s report, a
1565 summary of the status of existing and proposed bonding projects,
1566 comments from management about the year’s business, and
1567 prospects for the next year , which shall be submitted each year
1568 by November 30 to the Governor, the President of the Senate, the
1569 Speaker of the House of Representatives, the minority leader of
1570 the Senate, and the minority leader of the House of
1572 Section 36. Subsection (4) of section 446.50, Florida
1573 Statutes, is amended to read:
1574 446.50 Displaced homemakers; multiservice programs; report
1575 to the Legislature; Displaced Homemaker Trust Fund created.—
1576 (4) STATE PLAN.—
1577 (a) The Department of Economic Opportunity shall include in
1578 the annual report required under s. 20.60 a develop a 3-year
1579 state plan for the displaced homemaker program which shall be
1580 updated annually. The plan must address, at a minimum, the need
1581 for programs specifically designed to serve displaced
1582 homemakers, any necessary service components for such programs
1583 in addition to those enumerated in this section, goals of the
1584 displaced homemaker program with an analysis of the extent to
1585 which those goals are being met, and recommendations for ways to
1586 address any unmet program goals. Any request for funds for
1587 program expansion must be based on the state plan.
1588 (b) The annual review and report required under s. 20.60
1589 Each annual update must address any changes in the components of
1590 the 3-year state plan and a report that must include, but need
1591 not be limited to, the following:
1592 1. The scope of the incidence of displaced homemakers;
1593 2. A compilation and report, by program, of data submitted
1594 to the department pursuant to subparagraph 3. by funded
1595 displaced homemaker service programs;
1596 3. An identification and description of the programs in the
1597 state which receive funding from the department, including
1598 funding information; and
1599 4. An assessment of the effectiveness of each displaced
1600 homemaker service program based on outcome criteria established
1601 by rule of the department.
1602 (c) The 3-year state plan must be submitted to the
1603 President of the Senate, the Speaker of the House of
1604 Representatives, and the Governor on or before January 1, 2001,
1605 and annual updates of the plan must be submitted by January 1 of
1606 each subsequent year.
1607 Section 37. This act shall take effect upon becoming a law.