Florida Senate - 2018                                     SB 990
       
       
        
       By Senator Montford
       
       
       
       
       
       3-00688-18                                             2018990__
    1                        A bill to be entitled                      
    2         An act relating to rural communities; creating s.
    3         288.062, F.S.; providing a short title; defining
    4         terms; requiring the Department of Economic
    5         Opportunity to accept an application seeking approval
    6         as a rural growth fund; requiring that the application
    7         include certain materials, including an application
    8         fee; requiring the department to grant or deny the
    9         application within a specified time; prohibiting the
   10         department from approving more than a certain amount
   11         of investment authority or investor contributions;
   12         requiring the department to deny an application if the
   13         application does not meet certain requirements;
   14         authorizing an applicant whose application was denied
   15         to provide additional information to the department
   16         within a certain timeframe; requiring the department
   17         to review and reconsider an application that has
   18         additional information submitted within a certain
   19         timeframe; prohibiting the department from reducing
   20         the investment authority of an application or denying
   21         an application for reasons other than the ones listed;
   22         requiring the department to certify an applicant that
   23         has his or her application approved; requiring the
   24         rural growth fund to collect contributions and
   25         investments within a certain timeframe; requiring the
   26         rural growth fund to send documentation of the
   27         contributions and investments to the department;
   28         requiring the department to provide a tax credit
   29         certificate; providing that a rural growth fund’s
   30         certification will lapse for failure to comply;
   31         requiring the department to redistribute lapsed
   32         investment authority; providing that a taxpayer who
   33         makes an investor contribution is vested with a credit
   34         against state premium tax liability; providing
   35         restrictions on the credit; requiring that a taxpayer
   36         claiming a credit submit a copy of the tax credit
   37         certificate with his or her tax return; requiring the
   38         department to revoke the tax credit certificate if the
   39         rural growth fund exits the program or fails to meet
   40         certain requirements; providing a formula for
   41         calculating the maximum amount of investments the
   42         rural growth fund can count toward satisfying tax
   43         credit certificate requirements; requiring the
   44         department to give reasons for a pending revocation of
   45         a tax credit certificate; specifying that the rural
   46         growth fund has 90 days from the dispatch of the
   47         notice to correct violations; requiring the department
   48         to distribute reverted investment authority among
   49         certain rural growth funds; authorizing the rural
   50         growth fund to submit an exit application after a
   51         specified time; requiring the department to respond to
   52         an exit application within a certain timeframe;
   53         prohibiting the department from unreasonably denying
   54         an exit application; prohibiting the department from
   55         revoking the rural growth fund’s tax credit
   56         certificate after the rural growth fund has exited the
   57         program; authorizing the rural growth fund to request
   58         a written opinion from the department about potential
   59         investments; specifying that an out-of-state business
   60         relocating employees to this state must satisfy a
   61         specific definition within a certain timeframe before
   62         a new principal place of business operations is
   63         recognized; requiring the rural growth fund to submit
   64         a report to the department at a specified time;
   65         requiring that the report provide certain
   66         documentation; requiring the rural growth fund to
   67         submit an annual report to the department; requiring
   68         that the annual report include certain information;
   69         providing for rulemaking; requiring the department to
   70         notify the Department of Revenue of any insurance
   71         company that is allocated tax credits; providing
   72         applicability; providing an effective date.
   73          
   74  Be It Enacted by the Legislature of the State of Florida:
   75  
   76         Section 1. Section 288.062, Florida Statutes, is created to
   77  read:
   78         288.062 Florida Rural Community Jobs and Business
   79  Resiliency Act.—
   80         (1) This section may be cited as the “Florida Rural
   81  Community Jobs and Business Resiliency Act.”
   82         (2) As used in this section, the term:
   83         (a) “Affiliate” means an entity that, directly or
   84  indirectly through one or more intermediaries, controls, is
   85  controlled by, or is under common control with another entity.
   86  For purposes of this paragraph, an entity is controlled by
   87  another entity if the controlling entity holds, directly or
   88  indirectly, the majority voting or ownership interest in the
   89  controlled entity or has control over the day-to-day operations
   90  of the controlled entity by contract or law.
   91         (b)“Closing date” means the date that a rural growth fund
   92  has collected all amounts specified by paragraph (3)(f).
   93         (c) “Department” means the Department of Economic
   94  Opportunity.
   95         (d) “Investment authority” means the amount stated on the
   96  certification notice issued pursuant to paragraph (3)(e).
   97         (e) “Investor contribution” means an investment of cash, by
   98  a person with a state premium tax liability and equal to the
   99  amount specified on a tax certificate issued by the department,
  100  in a rural growth fund for an equity interest in the rural
  101  growth fund or a debt instrument, at par value or premium, which
  102  has a maturity date at least 5 years after the closing date.
  103         (f) “Principal place of business operations” means the
  104  place or places at which business operations are located, and
  105  where at least 60 percent of the business’s employees work or
  106  where employees that are paid at least 60 percent of the
  107  business’s payroll work.
  108         (g) “Rural business” means a business that at the time of
  109  the initial rural growth investment in the company by a rural
  110  growth fund:
  111         1. Has fewer than 200 employees;
  112         2. Has its principal place of business operations in one or
  113  more rural communities in the state; and
  114         3. Is engaged in industries related to agribusiness,
  115  manufacturing, plant sciences, services, or technology, or if
  116  not engaged in such industries, upon a determination by the
  117  department that the investment will be beneficial to the rural
  118  community and the economic growth of the state.
  119         (h) “Rural community” means a county with a population of
  120  75,000 or fewer.
  121         (i) “Rural growth fund” means an entity certified by the
  122  department pursuant to paragraph (3)(e).
  123         (j) “Rural growth investment” means any capital or equity
  124  investment by a rural growth fund in a rural business or any
  125  loan granted to a rural business by a rural growth fund with a
  126  stated maturity at least 1 year after the date of issuance.
  127         (k) “State premium tax liability” means any liability
  128  incurred by any entity under s. 624.509 or s. 624.5091.
  129         (3)(a)Beginning September 1, 2018, the department shall
  130  accept applications for certification as a rural growth fund on
  131  a form prescribed by the department. The application must
  132  include:
  133         1. The total investment authority sought by the applicant
  134  under the applicant’s business plan submitted pursuant to
  135  subparagraph 5.;
  136         2. A copy of the applicant’s, or an affiliate of the
  137  applicant’s, license as a rural business investment company
  138  under 7 U.S.C. s. 2009cc or as a small business investment
  139  company under 15 U.S.C. s. 681;
  140         3. Evidence that, as of the date the application is
  141  submitted, the applicant or affiliates of the applicant have
  142  invested at least $100 million in private companies located in
  143  non-metropolitan counties as defined by the federal Office of
  144  Management and Budget on the basis of county or county
  145  equivalent units;
  146         4. An estimate of the number of jobs that will be created
  147  or retained in this state because of the applicant’s rural
  148  growth investments;
  149         5. A business plan that includes a revenue impact
  150  assessment projecting state and local tax revenue to be
  151  generated by the applicant’s proposed rural growth investments.
  152  The business plan must be prepared by a nationally recognized
  153  independent third-party economic forecasting firm using a
  154  dynamic economic forecasting model that analyzes the applicant’s
  155  business plan for a period of 10 years following the date the
  156  application is submitted to the department;
  157         6. A signed affidavit from each investor stating the amount
  158  of investor contributions each taxpayer commits to make; and
  159         7. An application fee of $5,000.
  160         (b) Within 30 days after receipt of a completed application
  161  containing the information set forth in paragraph (a), the
  162  department shall grant or deny the application. The department
  163  shall deem applications received on the same day as received
  164  simultaneously. The department may not approve more than $200
  165  million in investment authority and may not approve investor
  166  contributions equaling more than 3.75 percent of the total
  167  investment authority in the taxable years that include the third
  168  through seventh anniversaries of the closing date. If requests
  169  for investment authority exceed this limitation, the department
  170  shall proportionally reduce the investment authority and the
  171  investor contributions for each approved application as
  172  necessary to avoid exceeding the limit.
  173         (c) The department shall deny an application if:
  174         1. The application is incomplete or the application fee is
  175  not paid in full;
  176         2. The revenue impact assessment submitted pursuant to
  177  subparagraph (a)5. does not demonstrate that the applicant’s
  178  business plan will result in a positive economic impact on this
  179  state over a 10-year period which exceeds the cumulative amount
  180  of tax credits that would be issued to the applicant’s
  181  investors;
  182         3. The investor contributions described in affidavits
  183  submitted pursuant to subparagraph (a)6. do not total at least
  184  60 percent of the total amount of investment authority sought
  185  under the applicant’s business plan; or
  186         4. The department has already approved the maximum amount
  187  of investment authority and investor contributions allowed under
  188  paragraph (b).
  189         (d) Within 15 days after notice that the department has
  190  denied an application, the applicant may provide additional
  191  information to the department to complete, clarify, or cure any
  192  defects in the application identified by the department. The
  193  department shall review and reconsider any application
  194  supplemented by additional information within 30 days after the
  195  original submission date of the application.
  196         (e) The department may not reduce the requested investment
  197  authority of a rural growth fund or deny a rural growth fund
  198  application for reasons other than those described in paragraph
  199  (b). Upon approval of an application, the department shall send
  200  a notice to the applicant certifying the applicant as a rural
  201  growth fund and specifying the amount of the applicant’s
  202  investment authority and the investor contributions required
  203  from each taxpayer that submitted an affidavit with the rural
  204  growth fund’s application.
  205         (f)1. Within 60 days after receiving an approval issued
  206  pursuant to paragraph (e), a rural growth fund shall collect all
  207  investor contributions and collect additional investments of
  208  cash that are, when added to the investor contributions, at
  209  least equal to the rural growth fund’s investment authority.
  210  Within 65 days after receiving an approval issued pursuant to
  211  paragraph (e), a rural growth fund shall send the department
  212  documentation that sufficiently proves that the amounts
  213  described in this subparagraph were collected.
  214         2. Upon receipt of the documentation required by
  215  subparagraph 1., the department shall provide a tax credit
  216  certificate in the amount of the investor contribution to each
  217  taxpayer who made such investor contribution.
  218         (g) A rural growth fund’s certification lapses if the rural
  219  growth fund fails to fully comply with paragraph (f). When a
  220  certification lapses, the corresponding investment authority and
  221  investor contributions do not count toward the limits on program
  222  funding prescribed by paragraph (b). The department shall
  223  allocate any lapsed investment authority pro rata to each rural
  224  growth fund that was not awarded the full investment authority
  225  it applied for. A rural growth fund may allocate, at its
  226  discretion, the associated investor contribution authority to
  227  any taxpayer with state premium tax liability. The department
  228  may award any remaining investment authority to new applicants.
  229         (4)(a) A taxpayer that makes an investor contribution is
  230  vested with an earned credit against state premium tax liability
  231  which is equal to the taxpayer’s investor contribution. Twenty
  232  percent of the credit may be used in each taxable year,
  233  beginning with the calendar year following the second
  234  anniversary of the closing date and concluding in the calendar
  235  year following the sixth anniversary of the closing date,
  236  exclusive of amounts carried forward pursuant to paragraph (c).
  237         (b) The credit is nonrefundable and may not be sold,
  238  transferred, or allocated to any entity other than an affiliate
  239  with state premium tax liability at the time of the submission
  240  of the investor’s affidavit included in the rural growth fund’s
  241  application.
  242         (c) The amount of the credit claimed by a taxpayer may not
  243  exceed the amount of the taxpayer’s state premium tax liability
  244  for the tax year in which the credit is claimed. Any amount of
  245  tax credit that the entity does not claim in a taxable year may
  246  be carried forward for use in future taxable years for a period
  247  not to exceed 10 years.
  248         (d) A taxpayer claiming a credit under this section must
  249  submit a copy of the tax credit certificate with his or her tax
  250  return for each taxable year that the credit is claimed.
  251         (5)(a) The department must revoke a tax credit certificate
  252  issued under subparagraph (3)(f)2. if, with respect to a rural
  253  growth fund before it exits the program in accordance with
  254  paragraph (e), any of the following occurs:
  255         1. Within 2 years after the closing date, the rural growth
  256  fund does not invest 100 percent of its investment authority in
  257  rural growth investments in this state;
  258         2. The rural growth fund, after investing 100 percent of
  259  its investment authority in rural growth investments in this
  260  state within 2 years after the closing date, fails to maintain
  261  rural growth investments equal to 100 percent of its investment
  262  authority until the seventh anniversary after the closing date.
  263  For the purposes of this subparagraph, an investment is
  264  “maintained” even if it is sold or repaid so long as the rural
  265  growth fund reinvests an amount equal to the capital returned or
  266  recovered from the original investment, exclusive of any profits
  267  realized, in other rural growth investments in this state within
  268  12 months after the receipt of such capital. Amounts received
  269  periodically by a rural growth fund are treated as continuously
  270  invested in rural growth investments if the amounts are
  271  reinvested in one or more rural growth investments by the end of
  272  the following calendar year. A rural growth fund is not required
  273  to reinvest capital returned from rural growth investments after
  274  the sixth anniversary of the closing date, and such rural growth
  275  investments are considered held continuously by the rural growth
  276  fund through the seventh anniversary of the closing date;
  277         3. Before exiting the program in accordance with paragraph
  278  (e), the rural growth fund makes a distribution or payment that
  279  results in the rural growth fund having less than 100 percent of
  280  its investment authority invested in rural growth investments in
  281  this state or available for investment in rural growth
  282  investments and held in cash and other marketable securities; or
  283         4. The rural growth fund makes a rural growth investment in
  284  a rural business that directly, or indirectly through an
  285  affiliate, owns, has the right to acquire an ownership interest
  286  in, makes a loan to, or makes an investment in the rural growth
  287  fund, an affiliate of the rural growth fund, or an investor in
  288  the rural growth fund. This subparagraph does not apply to
  289  investments in publicly traded securities by a rural business or
  290  an owner or an affiliate of such rural business. For purposes of
  291  this subparagraph, a rural growth fund is not considered an
  292  affiliate of a rural business solely because of its rural growth
  293  investment in that business.
  294         (b)The maximum amount of rural growth investments in a
  295  rural business, including amounts invested in affiliates of the
  296  rural business, which a rural growth fund may count toward its
  297  satisfaction of the requirements of subparagraphs (a)1. and 2.
  298  is the greater of $5 million or 20 percent of its investment
  299  authority.
  300         (c) Before revoking tax credit certificates under this
  301  subsection, the department must notify the rural growth fund of
  302  the reasons for the pending revocation. The rural growth fund
  303  has 90 days after the date the notice was dispatched to correct
  304  any violation outlined in the notice to the satisfaction of the
  305  department in order to avoid revocation of the tax credit
  306  certificate.
  307         (d) If a tax credit certificate is revoked under this
  308  subsection, the associated investment authority and investor
  309  contributions may not count toward the limit on total investment
  310  authority and investor contributions described by paragraph
  311  (3)(b). The department shall award reverted investment authority
  312  pro rata to each rural growth fund awarded less than the
  313  requested investment authority for which it applied. Such a
  314  rural growth fund may allocate, in its discretion, the
  315  associated investor contribution authority to any taxpayer with
  316  state premium tax liability. The department may award any
  317  remaining investment authority to new applicants.
  318         (e) On or after the seventh anniversary of the closing
  319  date, a rural growth fund may apply to the department to exit
  320  the program and no longer be subject to regulation. The
  321  department must respond to the application within 30 days after
  322  receiving the application. The department must approve the
  323  application if none of the rural growth fund’s tax credit
  324  certificates have been revoked and the rural growth fund has not
  325  received notice of a revocation that is currently pending. The
  326  department may not unreasonably deny an exit application
  327  submitted pursuant to this paragraph. If the application is
  328  denied, the notice must include the reasons for the denial.
  329         (f) The department may not revoke a tax credit certificate
  330  after a rural growth fund exits the program.
  331         (6) Before making a rural growth investment, a rural growth
  332  fund may request that the department issue a written opinion as
  333  to whether the business in which it proposes to invest satisfies
  334  the definition of a rural business. The department, no later
  335  than 15 business days after the receipt of the request, shall
  336  notify the rural growth fund of its determination. If the
  337  department fails to notify the rural growth fund of its
  338  determination by the 15th business day, the business is
  339  considered a rural business.
  340         (7) An out-of-state business that agrees to relocate
  341  employees using the proceeds of a rural growth investment to
  342  establish its principal place of business operations in a rural
  343  community in the state is deemed to have its principal place of
  344  business operations in this new location provided it meets the
  345  definition of paragraph (2)(f) within 180 days after receiving
  346  the rural growth investment, unless the department agrees to a
  347  later date.
  348         (8)(a)Each rural growth fund shall submit a report to the
  349  department on or before the fifth business day after the second
  350  anniversary of the closing date. The report must provide
  351  documentation as to each rural growth investment and include:
  352         1. A bank statement evidencing each rural growth
  353  investment;
  354         2. The name, location, and industry of each rural business
  355  receiving a rural growth investment, including either evidence
  356  that the business qualified as a rural business at the time the
  357  investment was made or a determination letter pursuant to
  358  subsection (6);
  359         3. As of December 31 of the preceding calendar year, the
  360  number of employment positions created or retained because of
  361  the rural growth fund’s rural growth investments; and
  362         4. Any other information required by the department.
  363         (b) Thereafter, the rural growth fund shall submit an
  364  annual report to the department by February 15 for the duration
  365  of the compliance period. The report must include:
  366         1. As of December 31 of the preceding calendar year, the
  367  number of employment positions created or retained because of
  368  the rural growth fund’s rural growth investments;
  369         2. The average annual salary of the positions described in
  370  subparagraph 1.; and
  371         3. Any other information required by the department.
  372         (c) The rural growth fund must provide the department with
  373  an annual report for a redeemed or repaid rural growth
  374  investment if the annual report for such investment is
  375  available.
  376         (9) The department may adopt rules to implement this act.
  377         (10) The department shall notify the Department of Revenue
  378  of the name of any insurance company allocated tax credits
  379  pursuant to this act and the amount of such credits.
  380         (11) This section only applies to tax returns or reports
  381  originally due on or after January 1, 2019.
  382         Section 2. This act shall take effect July 1, 2018.