Florida Senate - 2020                       CS for CS for SB 922
       By the Committees on Appropriations; and Commerce and Tourism;
       and Senator Gruters
       576-04283-20                                           2020922c2
    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; amending s.
   18         189.033, F.S.; conforming a cross-reference to changes
   19         made by the act; providing an effective date.
   21  Be It Enacted by the Legislature of the State of Florida:
   23         Section 1. Paragraph (b) of subsection (5) and subsections
   24  (8) and (9) of section 288.106, Florida Statutes, are amended to
   25  read:
   26         288.106 Tax refund program for qualified target industry
   27  businesses.—
   28         (5) TAX REFUND AGREEMENT.—
   29         (b) Compliance with the terms and conditions of the
   30  agreement is a condition precedent for the receipt of a tax
   31  refund each year. The failure to comply with the terms and
   32  conditions of the tax refund agreement results in the loss of
   33  eligibility for receipt of all tax refunds previously authorized
   34  under this section and the revocation by the department of the
   35  certification of the business entity as a qualified target
   36  industry business, unless the business is eligible to receive
   37  and elects to accept a prorated refund under paragraph (6)(e) or
   38  the department grants the business an economic recovery
   39  extension.
   40         1. A qualified target industry business may submit a
   41  request to the department for an economic recovery extension.
   42  The request must provide quantitative evidence demonstrating how
   43  negative economic conditions in the business’s industry, the
   44  effects of a named hurricane or tropical storm, or specific acts
   45  of terrorism affecting the qualified target industry business
   46  have prevented the business from complying with the terms and
   47  conditions of its tax refund agreement.
   48         2. Upon receipt of a request under subparagraph 1., the
   49  department has 45 days to notify the requesting business, in
   50  writing, whether its extension has been granted or denied. In
   51  determining whether an extension should be granted, the
   52  department shall consider the extent to which negative economic
   53  conditions in the requesting business’s industry have occurred
   54  in the state or the effects of a named hurricane or tropical
   55  storm or specific acts of terrorism affecting the qualified
   56  target industry business have prevented the business from
   57  complying with the terms and conditions of its tax refund
   58  agreement. The department shall consider current employment
   59  statistics for this state by industry, including whether the
   60  business’s industry had substantial job loss during the prior
   61  year, when determining whether an extension shall be granted.
   62         3. As a condition for receiving a prorated refund under
   63  paragraph (6)(e) or an economic recovery extension under this
   64  paragraph, a qualified target industry business must agree to
   65  renegotiate its tax refund agreement with the department to, at
   66  a minimum, ensure that the terms of the agreement comply with
   67  current law and the department’s procedures governing
   68  application for and award of tax refunds. Upon approving the
   69  award of a prorated refund or granting an economic recovery
   70  extension, the department shall renegotiate the tax refund
   71  agreement with the business as required by this subparagraph.
   72  When amending the agreement of a business receiving an economic
   73  recovery extension, the department may extend the duration of
   74  the agreement for a period not to exceed 2 years.
   75         4. A qualified target industry business located in a county
   76  affected by Hurricane Michael, as defined in subsection (8), may
   77  submit a request for an economic recovery extension to the
   78  department in lieu of any tax refund claim scheduled to be
   79  submitted after January 1, 2021 2009, but before July 1, 2023
   80  2012.
   81         5. A qualified target industry business that receives an
   82  economic recovery extension may not receive a tax refund for the
   83  period covered by the extension.
   84         (8) SPECIAL INCENTIVES.—If the department determines it is
   85  in the best interest of the public for reasons of facilitating
   86  economic development, growth, or new employment opportunities
   87  within a Disproportionally Affected county affected by Hurricane
   88  Michael, the department may, between July 1, 2020 2011, and June
   89  30, 2023 2014, may waive any or all wage or local financial
   90  support eligibility requirements. If the department elects to
   91  waive wage or financial support eligibility requirements, the
   92  waiver must be stated in writing. and allow A qualified target
   93  industry business that relocates from another state to, or
   94  establishes which relocates all or a portion of its business or
   95  expands its existing business in, a to a Disproportionally
   96  Affected county affected by Hurricane Michael is eligible to
   97  receive a tax refund payment of up to $10,000 $6,000 multiplied
   98  by the number of jobs specified in the tax refund agreement
   99  under subparagraph (5)(a)1. over the term of the agreement.
  100  Prior to granting such waiver, the executive director of the
  101  department shall file with the Governor a written statement of
  102  the conditions and circumstances constituting the reason for the
  103  waiver. Such business shall be eligible for the additional tax
  104  refund payments specified in subparagraph (3)(b)4. if it meets
  105  the criteria. As used in this section, the term
  106  “Disproportionally Affected county affected by Hurricane
  107  Michael” means Bay County, Calhoun County Escambia County,
  108  Franklin County, Gadsden County, Gulf County, Holmes County,
  109  Jackson County, Jefferson County, Leon County, Liberty County,
  110  Okaloosa County, Santa Rosa County, Walton County, or Wakulla
  111  County, Walton County, or Washington County.
  112         (9) EXPIRATION.—An applicant may not be certified as
  113  qualified under this section after June 30, 2020. A tax refund
  114  agreement existing on that date shall continue in effect in
  115  accordance with its terms.
  116         Section 2. Section 189.033, Florida Statutes, is amended to
  117  read:
  118         189.033 Independent special district services in
  119  disproportionally affected county; rate reduction for providers
  120  providing economic benefits.—If the governing body of an
  121  independent special district that provides water, wastewater,
  122  and sanitation services in a disproportionally affected county,
  123  as defined in s. 288.106(8), determines that a new user or the
  124  expansion of an existing user of one or more of its utility
  125  systems will provide a significant benefit to the community in
  126  terms of increased job opportunities, economies of scale, or
  127  economic development in the area, the governing body may
  128  authorize a reduction of its rates, fees, or charges for that
  129  user for a specified period of time. A governing body that
  130  exercises this power must do so by resolution that states the
  131  anticipated economic benefit justifying the reduction as well as
  132  the period of time that the reduction will remain in place. As
  133  used in this section, the term “disproportionally affected
  134  county” means Bay County, Escambia County, Franklin County, Gulf
  135  County, Okaloosa County, Santa Rosa County, Walton County, or
  136  Wakulla County.
  137         Section 3. This act shall take effect July 1, 2020.