Florida Senate - 2020                                     SB 922
       By Senator Gruters
       23-00630B-20                                           2020922__
    1                        A bill to be entitled                      
    2         An act relating to economic development; amending s.
    3         288.106, F.S.; authorizing a qualified target industry
    4         business located in a county affected by Hurricane
    5         Michael to submit a request to the Department of
    6         Economic Opportunity for an economic recovery
    7         extension in lieu of a tax refund claim scheduled to
    8         be submitted during a specified timeframe; authorizing
    9         the department to waive certain requirements during a
   10         specified timeframe; requiring the department to state
   11         any waiver in writing; providing that certain
   12         businesses are eligible for a specified tax refund
   13         payment; defining the term “county affected by
   14         Hurricane Michael”; deleting obsolete provisions;
   15         deleting a provision relating to the future expiration
   16         of certification for the tax refund program for
   17         qualified target industry businesses; providing an
   18         effective date.
   20  Be It Enacted by the Legislature of the State of Florida:
   22         Section 1. Paragraph (b) of subsection (5) and subsections
   23  (8) and (9) of section 288.106, Florida Statutes, are amended to
   24  read:
   25         288.106 Tax refund program for qualified target industry
   26  businesses.—
   27         (5) TAX REFUND AGREEMENT.—
   28         (b) Compliance with the terms and conditions of the
   29  agreement is a condition precedent for the receipt of a tax
   30  refund each year. The failure to comply with the terms and
   31  conditions of the tax refund agreement results in the loss of
   32  eligibility for receipt of all tax refunds previously authorized
   33  under this section and the revocation by the department of the
   34  certification of the business entity as a qualified target
   35  industry business, unless the business is eligible to receive
   36  and elects to accept a prorated refund under paragraph (6)(e) or
   37  the department grants the business an economic recovery
   38  extension.
   39         1. A qualified target industry business may submit a
   40  request to the department for an economic recovery extension.
   41  The request must provide quantitative evidence demonstrating how
   42  negative economic conditions in the business’s industry, the
   43  effects of a named hurricane or tropical storm, or specific acts
   44  of terrorism affecting the qualified target industry business
   45  have prevented the business from complying with the terms and
   46  conditions of its tax refund agreement.
   47         2. Upon receipt of a request under subparagraph 1., the
   48  department has 45 days to notify the requesting business, in
   49  writing, whether its extension has been granted or denied. In
   50  determining whether an extension should be granted, the
   51  department shall consider the extent to which negative economic
   52  conditions in the requesting business’s industry have occurred
   53  in the state or the effects of a named hurricane or tropical
   54  storm or specific acts of terrorism affecting the qualified
   55  target industry business have prevented the business from
   56  complying with the terms and conditions of its tax refund
   57  agreement. The department shall consider current employment
   58  statistics for this state by industry, including whether the
   59  business’s industry had substantial job loss during the prior
   60  year, when determining whether an extension shall be granted.
   61         3. As a condition for receiving a prorated refund under
   62  paragraph (6)(e) or an economic recovery extension under this
   63  paragraph, a qualified target industry business must agree to
   64  renegotiate its tax refund agreement with the department to, at
   65  a minimum, ensure that the terms of the agreement comply with
   66  current law and the department’s procedures governing
   67  application for and award of tax refunds. Upon approving the
   68  award of a prorated refund or granting an economic recovery
   69  extension, the department shall renegotiate the tax refund
   70  agreement with the business as required by this subparagraph.
   71  When amending the agreement of a business receiving an economic
   72  recovery extension, the department may extend the duration of
   73  the agreement for a period not to exceed 2 years.
   74         4. A qualified target industry business located in a county
   75  affected by Hurricane Michael, as defined in subsection (8), may
   76  submit a request for an economic recovery extension to the
   77  department in lieu of any tax refund claim scheduled to be
   78  submitted after January 1, 2021 2009, but before July 1, 2023
   79  2012.
   80         5. A qualified target industry business that receives an
   81  economic recovery extension may not receive a tax refund for the
   82  period covered by the extension.
   83         (8) SPECIAL INCENTIVES.—If the department determines it is
   84  in the best interest of the public for reasons of facilitating
   85  economic development, growth, or new employment opportunities
   86  within a Disproportionally Affected county affected by Hurricane
   87  Michael, the department may, between July 1, 2020 2011, and June
   88  30, 2023 2014, may waive any or all wage or local financial
   89  support eligibility requirements. If the department elects to
   90  waive wage or financial support eligibility requirements, the
   91  waiver must be stated in writing. and allow A qualified target
   92  industry business that relocates from another state to, or
   93  establishes which relocates all or a portion of its business or
   94  expands its existing business in, a to a Disproportionally
   95  Affected county affected by Hurricane Michael is eligible to
   96  receive a tax refund payment of up to $10,000 $6,000 multiplied
   97  by the number of jobs specified in the tax refund agreement
   98  under subparagraph (5)(a)1. over the term of the agreement.
   99  Prior to granting such waiver, the executive director of the
  100  department shall file with the Governor a written statement of
  101  the conditions and circumstances constituting the reason for the
  102  waiver. Such business shall be eligible for the additional tax
  103  refund payments specified in subparagraph (3)(b)4. if it meets
  104  the criteria. As used in this section, the term
  105  “Disproportionally Affected county affected by Hurricane
  106  Michael” means Bay County, Calhoun County Escambia County,
  107  Franklin County, Gadsden County, Gulf County, Holmes County,
  108  Jackson County, Jefferson County, Leon County, Liberty County,
  109  Okaloosa County, Santa Rosa County, Walton County, or Wakulla
  110  County, Walton County, or Washington County.
  111         (9) EXPIRATION.—An applicant may not be certified as
  112  qualified under this section after June 30, 2020. A tax refund
  113  agreement existing on that date shall continue in effect in
  114  accordance with its terms.
  115         Section 2. This act shall take effect July 1, 2020.