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.