August 03, 2020
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_h1509__
HB 1509

1
A bill to be entitled
2An act relating to economic development; amending s.
3125.045, F.S.; requiring an agency or entity that receives
4county funds for economic development purposes pursuant to
5a contract to submit a report on the use of the funds;
6requiring the county to include the report in its annual
7financial audit; requiring counties to report on the
8provision of economic development incentives to businesses
9to the Legislative Committee on Intergovernmental
10Relations; amending s. 166.021, F.S.; requiring an agency
11or entity that receives municipal funds for economic
12development purposes pursuant to a contract to submit a
13report on the use of the funds; requiring the municipality
14to include the report in its annual financial audit;
15requiring municipalities to report on the provision of
16economic development incentives to businesses to the
17Legislative Committee on Intergovernmental Relations;
18amending s. 220.02, F.S.; providing for the jobs for the
19unemployed tax credit to be taken against the corporate
20income tax or the franchise tax after other existing
21credits are taken; amending s. 220.191, F.S.; redefining
22the terms "qualifying business" and "qualifying project"
23for purposes of the capital investment tax credit;
24providing for the amount of the credit to diminish over a
2510-year period; conforming cross-references; providing
26that a business seeking the tax credit has the
27responsibility of demonstrating qualification for the
28credit to the Department of Revenue and the Office of
29Tourism, Trade, and Economic Development; authorizing the
30payment of a prorated tax credit under certain
31circumstances; providing that a business that receives a
32capital investment tax credit is not eligible for a tax
33refund under the qualified target industry tax refund
34program; creating s. 220.1896, F.S.; creating the Jobs for
35the Unemployed Tax Credit Program to provide corporate
36income tax credits to businesses that provide full-time
37employment to persons who have been unemployed for at
38least 6 months; defining terms; requiring businesses to
39apply to the Office of Tourism, Trade, and Economic
40Development to claim the credit; limiting the amount of
41tax credits that may be approved annually; imposing a
42monetary penalty and criminal penalties for fraudulently
43claiming a tax credit; authorizing unused credits to be
44carried over to subsequent years; requiring the Office of
45Tourism, Trade, and Economic Development to adopt rules
46governing the manner and form of applications; requiring
47the Agency for Workforce Innovation to notify a person by
48letter upon exhaustion of unemployment compensation
49benefits that a tax credit may be available to the
50person's future employer; providing that the letter may be
51used to establish that a person is a qualified employee
52and that a business is entitled to a tax credit;
53authorizing the Agency for Workforce Innovation to adopt
54rules; amending s. 288.095, F.S.; increasing the amount of
55tax refund payments available to pay the state's share of
56refunds under the qualified defense contractor and space
57flight business tax refund program and the tax refund
58program for qualified target industry businesses; creating
59s. 288.097, F.S.; creating the Jobs for Florida Revolving
60Loan Program within the Office of Tourism, Trade, and
61Economic Development; defining terms; authorizing the
62Office of Tourism, Trade, and Economic Development to
63enter into agreements with certain certified development
64corporations to serve as loan administrators; authorizing
65loan administrators to issue loans to small businesses for
66certain purposes; prohibiting a loan administrator from
67having certain conflicts of interest; requiring loan
68administrators to adhere to rigorous ethical standards;
69specifying the compensation of loan administrators;
70providing an application process to apply for a loan;
71specifying loan criteria, including maximum loan amounts,
72term of loans, and interest rates; creating a tax
73exemption for certain documents or instruments used in
74connection with a loan; requiring that loan administrators
75submit quarterly reports of their activities to the Office
76of Tourism, Trade, and Economic Development; requiring the
77Office of Tourism, Trade, and Economic Development to
78submit annual reports of information relating to the
79program to the Governor, the President of the Senate, and
80the Speaker of the House of Representatives; providing for
81the unexpended balances of appropriations to the program
82to remain in the program; requiring the Office of
83Financial Regulation to review the activities of a loan
84administrator and prepare a report of the findings from
85the review; requiring the Office of Financial Regulation
86to issue a report to the Governor, the President of the
87Senate, and the Speaker of the House of Representatives
88which contains a compilation of data from its reviews of
89loan administrators; requiring the Office of Tourism,
90Trade, and Economic Development to adopt rules to
91administer the program; prohibiting the issuance of loans
92after a certain date; providing for future expiration of
93the program; amending s. 288.125, F.S.; redefining the
94term "entertainment industry" to include digital media
95studios and digital media projects; amending s. 288.1251,
96F.S.; requiring the Office of Film and Entertainment to
97update its strategic plan every 5 years; deleting
98requirements for the Office of Film and Entertainment to
99represent certain decisionmakers within the entertainment
100industry and to act as a liaison between entertainment
101industry producers and labor organizations; amending s.
102288.1252, F.S.; deleting obsolete provisions relating to
103the appointment of initial members of the Film and
104Entertainment Advisory Council; amending s. 288.1253,
105F.S.; eliminating provisions authorizing the payment of
106travel expenses to persons other than employees of the
107Office of Film and Entertainment, the Governor and
108Lieutenant Governor, and security staff; providing for the
109payment of travel expenses through reimbursements;
110amending s. 288.1258, F.S.; requiring the Office of Film
111and Entertainment to include in its records the ratio of
112tax exemptions and incentives to the estimated funds
113expended by a certified production; amending s. 290.00677,
114F.S.; conforming references to rural communities in
115provisions for tax credits in rural enterprise zones;
116amending s. 373.441, F.S.; requiring the Department of
117Environmental Protection to adopt rules that authorize a
118local government to petition the Governor and Cabinet for
119certain delegation requests; requiring the Department of
120Environmental Protection to detail the statutes or rules
121that were not satisfied by a local government that made a
122request for delegation and to detail actions that could be
123taken to allow for delegation; authorizing a local
124government to petition the Governor and Cabinet to review
125the denial of a delegation request; requiring certain
126counties and municipalities to apply for delegation by a
127certain date to require permits similar to an
128environmental resource permit; requiring the Office of
129Program Policy Analysis and Government Accountability to
130review the Florida Enterprise Zone Act and submit a report
131of its findings and recommendations to the Governor, the
132President of the Senate, and the Speaker of the House of
133Representatives; extending certain water-related permits
134issued by the Department of Environmental Protection or
135water management districts pursuant to ch. 373, F.S., and
136certain local-government issued development orders and
137building permits; amending s. 47 of chapter 2009-82, Laws
138of Florida; delaying the expiration of the Florida
139Homebuyer Opportunity Program; providing an effective
140date.
141
142Be It Enacted by the Legislature of the State of Florida:
143
144     Section 1.  Subsections (4) and (5) are added to section
145125.045, Florida Statutes, is amended to read:
146     125.045  County economic development powers.-
147     (4)  A contract between the governing body of a county or
148other entity engaged in economic development activities on
149behalf of the county and an economic development agency must
150require the agency or entity receiving county funds to submit a
151report to the governing body of the county detailing how the
152county funds are spent and detailing the results of the economic
153development agency's or entity's efforts on behalf of the
154county. The county shall include the report as an addendum to
155the county's annual financial audit.
156     (5)(a)  By December 1 of each year, beginning in 2010, each
157county shall report to the Legislative Committee on
158Intergovernmental Relations the economic development incentives
159given to any business during the county's previous fiscal year.
160Economic development incentives include:
161     1.  Direct financial incentives of monetary assistance
162provided to a business from the county or through an
163organization authorized by the county. Such incentives include
164grants, loans, equity investments, loan insurance and
165guarantees, and training subsidies.
166     2.  Indirect incentives in the form of grants and loans
167provided to businesses and community organizations that provide
168support to businesses or promote business investment or
169development.
170     3.  Fee-based or tax-based incentives, including credits,
171refunds, exemptions, and property tax abatement or assessment
172reductions.
173     4.  Below-market rate leases or deeds for real property.
174     5.  Any other inducement provided to a business in order
175for the business to create or retain jobs, relocate to or remain
176in the county, or expand its current operations in the county.
177     (b)  A county shall report its economic development
178incentives in the format specified by the Legislative Committee
179on Intergovernmental Relations.
180     (c)  The Legislative Committee on Intergovernmental
181Relations shall compile the economic development incentives
182provided by each county in a manner that shows the total of each
183class of economic development incentives provided by each county
184and all counties.
185     (d)  If a county does not provide any economic development
186incentives during its previous fiscal year, the governing body
187of the county must report to the Legislative Committee on
188Intergovernmental Relations that the county did not provide any
189incentives.
190     Section 2.  Paragraph (d) of subsection (9) of section
191166.021, Florida Statutes, is amended and redesignated as
192paragraph (f), and new paragraphs (d) and (e) are added to that
193subsection, to read:
194     166.021  Powers.-
195     (9)
196     (d)  A contract between the governing body of a
197municipality or other entity engaged in economic development
198activities on behalf of the municipality and an economic
199development agency must require the agency or entity receiving
200municipal funds to submit a report to the governing body of the
201municipality detailing how the municipal funds were spent and
202detailing the results of the economic development agency's or
203entity's efforts on behalf of the municipality. The municipality
204shall include the report as an addendum to the municipality's
205annual financial audit.
206     (e)1.  By December 1 of each year, beginning in 2010, each
207municipality having annual revenues or expenditures greater than
208$250,000 shall report to the Legislative Committee on
209Intergovernmental Relations the economic development incentives
210given to any business during the municipality's previous fiscal
211year. Economic development incentives include:
212     a.  Direct financial incentives of monetary assistance
213provided to a business from the municipality or through an
214organization authorized by the municipality. Such incentives
215include grants, loans, equity investments, loan insurance and
216guarantees, and training subsidies.
217     b.  Indirect incentives in the form of grants and loans
218provided to businesses and community organizations that provide
219support to businesses or promote business investment or
220development.
221     c.  Fee-based or tax-based incentives, including credits,
222refunds, exemptions, and property tax abatement or assessment
223reductions.
224     d.  Below-market rate leases or deeds for real property.
225     e.  Any other inducement provided to a business in order
226for the business to create or retain jobs, relocate to or remain
227in the municipality, or expand its current operations in the
228municipality.
229     2.  A municipality shall report its economic development
230incentives in the format specified by the Legislative Committee
231on Intergovernmental Relations.
232     3.  The Legislative Committee on Intergovernmental
233Relations shall compile the economic development incentives
234provided by each municipality in a manner that shows the total
235of each class of economic development incentives provided by
236each municipality and all municipalities.
237     4.  If a municipality does not provide any economic
238development incentives during its previous fiscal year, the
239governing body of the municipality must report to the
240Legislative Committee on Intergovernmental Relations that the
241municipality did not provide any incentives.
242     (f)(d)  Nothing contained in This subsection does not limit
243shall be construed as a limitation on the home rule powers
244granted by the State Constitution to for municipalities.
245     Section 3.  Subsection (8) of section 220.02, Florida
246Statutes, is amended to read:
247     220.02  Legislative intent.-
248     (8)  It is the intent of the Legislature that credits
249against either the corporate income tax or the franchise tax be
250applied in the following order: those enumerated in s. 631.828,
251those enumerated in s. 220.191, those enumerated in s. 220.181,
252those enumerated in s. 220.183, those enumerated in s. 220.182,
253those enumerated in s. 220.1895, those enumerated in s. 221.02,
254those enumerated in s. 220.184, those enumerated in s. 220.186,
255those enumerated in s. 220.1845, those enumerated in s. 220.19,
256those enumerated in s. 220.185, those enumerated in s. 220.187,
257those enumerated in s. 220.192, those enumerated in s. 220.193,
258and those enumerated in s. 288.9916, and those enumerated in s.
259220.1896.
260     Section 4.  Section 220.191, Florida Statutes, is amended
261to read:
262     220.191  Capital investment tax credit.-
263     (1)  DEFINITIONS.-For purposes of this section:
264     (a)  "Commencement of operations" means the beginning of
265active operations by a qualifying business of the principal
266function for which a qualifying project was constructed.
267     (b)  "Cumulative capital investment" means the total
268capital investment in land, buildings, and equipment made in
269connection with a qualifying project during the period from the
270beginning of construction of the project to the commencement of
271operations.
272     (c)  "Eligible capital costs" means all expenses incurred
273by a qualifying business in connection with the acquisition,
274construction, installation, and equipping of a qualifying
275project during the period from the beginning of construction of
276the project to the commencement of operations, including, but
277not limited to:
278     1.  The costs of acquiring, constructing, installing,
279equipping, and financing a qualifying project, including all
280obligations incurred for labor and obligations to contractors,
281subcontractors, builders, and materialmen.
282     2.  The costs of acquiring land or rights to land and any
283cost incidental thereto, including recording fees.
284     3.  The costs of architectural and engineering services,
285including test borings, surveys, estimates, plans and
286specifications, preliminary investigations, environmental
287mitigation, and supervision of construction, as well as the
288performance of all duties required by or consequent to the
289acquisition, construction, installation, and equipping of a
290qualifying project.
291     4.  The costs associated with the installation of fixtures
292and equipment; surveys, including archaeological and
293environmental surveys; site tests and inspections; subsurface
294site work and excavation; removal of structures, roadways, and
295other surface obstructions; filling, grading, paving, and
296provisions for drainage, storm water retention, and installation
297of utilities, including water, sewer, sewage treatment, gas,
298electricity, communications, and similar facilities; and offsite
299construction of utility extensions to the boundaries of the
300property.
301
302Eligible capital costs shall not include the cost of any
303property previously owned or leased by the qualifying business.
304     (d)  "Income generated by or arising out of the qualifying
305project" means the qualifying project's annual taxable income as
306determined by generally accepted accounting principles and under
307s. 220.13.
308     (e)  "Jobs" means full-time equivalent positions, as that
309term is consistent with terms used by the Agency for Workforce
310Innovation and the United States Department of Labor for
311purposes of unemployment tax administration and employment
312estimation, resulting directly from a project in this state. The
313term does not include temporary construction jobs involved in
314the construction of the project facility.
315     (f)  "Office" means the Office of Tourism, Trade, and
316Economic Development.
317     (g)  "Qualifying business" means a business that is
318designated as a qualified target industry business pursuant to
319s. 288.106(1)(q), which establishes a qualifying project in this
320state, and which is certified by the office to receive tax
321credits pursuant to this section.
322     (h)  "Qualifying project" means:
323     1.  A new or expanding facility in this state which creates
324at least 50 100 new jobs in this state, pays an annual average
325wage of at least 130 percent of the average private sector wage
326in the area as defined in s. 288.106(1)(b), makes a cumulative
327capital investment of at least $25 million in this state, and is
328a qualified target industry business pursuant to s.
329288.106(1)(q) in one of the high-impact sectors identified by
330Enterprise Florida, Inc., and certified by the office pursuant
331to s. 288.108(6), including, but not limited to, aviation,
332aerospace, automotive, and silicon technology industries; or
333     2.  A new or expanded facility in this state which is
334engaged in a target industry designated pursuant to the
335procedure specified in s. 288.106(1)(o) and which is induced by
336this credit to create or retain at least 1,000 jobs in this
337state, provided that at least 100 of those jobs are new, pay an
338annual average wage of at least 130 percent of the average
339private sector wage in the area as defined in s. 288.106(1), and
340make a cumulative capital investment of at least $100 million
341after July 1, 2005. Jobs may be considered retained only if
342there is significant evidence that the loss of jobs is imminent.
343Notwithstanding subsection (2), annual credits against the tax
344imposed by this chapter shall not exceed 50 percent of the
345increased annual corporate income tax liability or the premium
346tax liability generated by or arising out of a project
347qualifying under this subparagraph. A facility that qualifies
348under this subparagraph for an annual credit against the tax
349imposed by this chapter may take the tax credit for a period not
350to exceed 5 years; or
351     2.3.  A new or expanded headquarters facility in this state
352which locates in an enterprise zone and brownfield area and is
353induced by this credit to create at least 1,500 jobs that which
354on average pay at least 200 percent of the statewide average
355annual private sector wage, as published by the Agency for
356Workforce Innovation or its successor, and which new or expanded
357headquarters facility makes a cumulative capital investment in
358this state of at least $250 million.
359     (2)(a)  An annual credit against the tax imposed by this
360chapter shall be granted to any qualifying business in an amount
361equal to a diminishing percentage 5 percent of the eligible
362capital costs generated by a qualifying project during a 10-
363year, for a period not to exceed 20 years beginning with the
364commencement of operations of the project. The credit shall be
365awarded as follows: 15 percent of the eligible capital costs
366each year in years 1 through 3; 10 percent each year in years 4
367through 7; and 5 percent each year in years 8 through 10. Unless
368assigned as described in this subsection, the tax credit shall
369be granted against only the corporate income tax liability or
370the premium tax liability generated by or arising out of the
371qualifying project, and the sum of all tax credits provided
372pursuant to this section may shall not exceed 100 percent of the
373eligible capital costs of the project. In no event may any
374credit granted under this section be carried forward or backward
375by any qualifying business with respect to a subsequent or prior
376year. The annual tax credit granted under this section may shall
377not exceed the following percentages of the annual corporate
378income tax liability or the premium tax liability generated by
379or arising out of a qualifying project:
380     1.  One hundred percent for a qualifying project which
381results in a cumulative capital investment of at least $100
382million.
383     2.  Seventy-five percent for a qualifying project which
384results in a cumulative capital investment of at least $50
385million but less than $100 million.
386     3.  Fifty percent for a qualifying project which results in
387a cumulative capital investment of at least $25 million but less
388than $50 million.
389     (b)  A qualifying project that which results in a
390cumulative capital investment of less than $25 million is not
391eligible for the capital investment tax credit. However, an
392insurance company claiming a credit against premium tax
393liability under this program is shall not be required to pay any
394additional retaliatory tax levied pursuant to s. 624.5091 as a
395result of claiming such credit. Because credits under this
396section are available to an insurance company, s. 624.5091 does
397not limit such credit in any manner.
398     (c)  A qualifying business that establishes a qualifying
399project that includes locating a new solar panel manufacturing
400facility in this state which that generates a minimum of 400
401jobs within 6 months after commencement of operations with an
402average salary of at least $50,000 may assign or transfer the
403annual credit, or any portion thereof, granted under this
404section to any other business. However, the amount of the tax
405credit that may be transferred in any year shall be the lesser
406of the qualifying business's state corporate income tax
407liability for that year, as limited by the percentages
408applicable under paragraph (a) and as calculated prior to taking
409any credit pursuant to this section, or the credit amount
410granted for that year. A business receiving the transferred or
411assigned credits may use the credits only in the year received,
412and the credits may not be carried forward or backward. To
413perfect the transfer, the transferor shall provide the
414department with a written transfer statement notifying the
415department of the transferor's intent to transfer the tax
416credits to the transferee; the date the transfer is effective;
417the transferee's name, address, and federal taxpayer
418identification number; the tax period; and the amount of tax
419credits to be transferred. The department shall, upon receipt of
420a transfer statement conforming to the requirements of this
421paragraph, provide the transferee with a certificate reflecting
422the tax credit amounts transferred. A copy of the certificate
423must be attached to each tax return for which the transferee
424seeks to apply such tax credits.
425     (3)(a)  Notwithstanding subsection (2), an annual credit
426against the tax imposed by this chapter shall be granted to a
427qualifying business that which establishes a qualifying project
428pursuant to subparagraph (1)(h)2. (1)(h)3., in an amount equal
429to the lesser of $15 million or 5 percent of the eligible
430capital costs made in connection with a qualifying project, for
431a period not to exceed 20 years beginning with the commencement
432of operations of the project. The tax credit shall be granted
433against the corporate income tax liability of the qualifying
434business and as further provided in paragraph (c). The total tax
435credit provided pursuant to this subsection shall be equal to no
436more than 100 percent of the eligible capital costs of the
437qualifying project.
438     (b)  If the credit granted under this subsection is not
439fully used in any one year because of insufficient tax liability
440on the part of the qualifying business, the unused amount may be
441carried forward for a period not to exceed 20 years after the
442commencement of operations of the project. The carryover credit
443may be used in a subsequent year when the tax imposed by this
444chapter for that year exceeds the credit for which the
445qualifying business is eligible in that year under this
446subsection after applying the other credits and unused
447carryovers in the order provided by s. 220.02(8).
448     (c)  The credit granted under this subsection may be used
449in whole or in part by the qualifying business or any
450corporation that is either a member of that qualifying
451business's affiliated group of corporations, is a related entity
452taxable as a cooperative under subchapter T of the Internal
453Revenue Code, or, if the qualifying business is an entity
454taxable as a cooperative under subchapter T of the Internal
455Revenue Code, is related to the qualifying business. Any entity
456related to the qualifying business may continue to file as a
457member of a Florida-nexus consolidated group pursuant to a prior
458election made under s. 220.131(1), Florida Statutes (1985), even
459if the parent of the group changes due to a direct or indirect
460acquisition of the former common parent of the group. Any credit
461may can be used by any of the affiliated companies or related
462entities referenced in this paragraph to the same extent as it
463could have been used by the qualifying business. However, any
464such use does shall not operate to increase the amount of the
465credit or extend the period within which the credit must be
466used.
467     (4)  Prior to receiving tax credits pursuant to this
468section, a qualifying business must achieve and maintain the
469minimum employment goals beginning with the commencement of
470operations at a qualifying project and continuing each year
471thereafter during which tax credits are available pursuant to
472this section. However, the office may approve a prorated tax
473credit amount for a qualifying business that satisfies the
474capital investment and average wage requirements but has not met
475the employment requirements because of market conditions. The
476prorated tax refund shall be calculated by multiplying the tax
477refund amount for which the qualifying business would have been
478eligible if all applicable requirements had been satisfied by
479the percentage of the average employment specified in the tax
480refund agreement which was actually achieved.
481     (5)  Applications shall be reviewed and certified pursuant
482to s. 288.061. The office, upon a recommendation by Enterprise
483Florida, Inc., shall first certify a business as eligible to
484receive tax credits pursuant to this section prior to the
485commencement of operations of a qualifying project, and such
486certification shall be transmitted to the Department of Revenue.
487Upon receipt of the certification, the Department of Revenue
488shall enter into a written agreement with the qualifying
489business specifying, at a minimum, the method by which income
490generated by or arising out of the qualifying project will be
491determined.
492     (6)  The office, in consultation with Enterprise Florida,
493Inc., may is authorized to develop the necessary guidelines and
494application materials for the certification process described in
495subsection(5).
496     (7)  It shall be the responsibility of The qualifying
497business has the responsibility to affirmatively demonstrate to
498the satisfaction of the department and the office of Revenue
499that such business meets the job creation and capital investment
500requirements of this section.
501     (8)  The department of Revenue may specify by rule the
502methods by which a qualifying project's pro forma annual taxable
503income is determined.
504     (9)  A business that receives a tax credit under this
505section is not eligible for a tax refund under the tax refund
506program for qualified target industry businesses provided in s.
507288.106.
508     Section 5.  Section 220.1896, Florida Statutes, is created
509to read:
510     220.1896  Jobs for the Unemployed Tax Credit Program.-
511     (1)  As used in this section, the term:
512     (a)  "Eligible business" means a business that is subject
513to the tax imposed by this chapter and is a target industry
514business as defined in s. 288.106(1)(o).
515     (b)  "Office" means the Office of Tourism, Trade, and
516Economic Development.
517     (c)  "Qualified employee" means any person who:
518     1.  Was unemployed for at least 6 months before being
519employed by an eligible business.
520     2.  Received state unemployment compensation benefits
521pursuant to chapter 443.
522     3.  Performs duties connected with the operations of an
523eligible business on a regular, full-time basis for an average
524of at least 36 hours per week for at least 12 months before an
525eligible business files for the tax credit.
526     (2)  An eligible business shall receive a $1,000 tax credit
527per year for each qualified employee for a maximum of 2 tax
528years. An eligible business may apply for a tax credit under
529this section at any time it is entitled to such credit.
530     (3)(a)  In order to claim the credit under this section, an
531eligible business must file an application under oath with the
532office which includes the name and address of the eligible
533business, relevant employment information, and any other
534information necessary to process the application.
535     (b)  Applications shall be reviewed and certified pursuant
536to s. 288.061.
537     (c)  The maximum amount of tax credits under this section
538that may be approved during a calendar year is $5 million.
539Applications shall be considered for approval in the order in
540which they are received without regard to whether the credit is
541for a new or existing business. This limit applies to the value
542of the credit as contained in approved applications. Approved
543credits may be taken in the time and manner allowed pursuant to
544this section.
545     (4)  If the application is not sufficient to support the
546tax credit authorized in this section, the office shall deny the
547credit and notify the business of the denial. The business may
548reapply for the credit within 3 months after notification of the
549denial.
550     (5)  The applicant for a tax credit has the responsibility
551to affirmatively demonstrate to the satisfaction of the
552department and the office that it meets the requirements of this
553section.
554     (6)  A person who fraudulently claims the credit is liable
555for repayment of the credit plus a mandatory penalty of 100
556percent of the credit. Such person also commits a misdemeanor of
557the second degree, punishable as provided in s. 775.082 or s.
558775.083.
559     (7)  A corporation may take the credit under this section
560against its corporate income tax liability. If any credit
561granted under this section is not fully used in the first year
562in which it becomes available, the unused amount may be carried
563forward for a period not to exceed 5 years. The carryover credit
564may be used in a subsequent year when the tax imposed by this
565chapter for such year exceeds the credit for such year under
566this section after applying the other credits and unused credit
567carryovers in the order provided in s. 220.02(8).
568     (8)  The office shall adopt rules governing the manner and
569form of applications for the tax credit. The office may
570establish guidelines for making an affirmative showing of
571qualification for the credit under this section.
572     (9)  The Agency for Workforce Innovation shall notify a
573person receiving state unemployment compensation benefits that a
574tax benefit under this section may be available to his or her
575future employer. The letter must include the date of the last
576day the person was employed, if available, and the date on which
577the person became eligible to receive unemployment compensation
578benefits. The notice may be used by an employer to establish
579that a person is a qualified employee and entitled to the tax
580credit under this section. The Agency for Workforce Innovation
581may adopt rules to administer this subsection.
582     Section 6.  Paragraph (a) of subsection (3) of section
583288.095, Florida Statutes, is amended to read:
584     288.095  Economic Development Trust Fund.-
585     (3)(a)  The Office of Tourism, Trade, and Economic
586Development may approve applications for certification pursuant
587to ss. 288.1045(3) and 288.106. However, the total state share
588of tax refund payments scheduled in all active certifications
589for fiscal year 2001-2002 may not exceed $30 million. The total
590state share of tax refund payments for active certifications for
591each subsequent fiscal year may not exceed $100 $35 million.
592     Section 7.  Section 288.097, Florida Statutes, is created
593to read:
594     288.097  Jobs for Florida Revolving Loan Program.-
595     (1)  PURPOSE.-The Jobs for Florida Revolving Loan Program
596is created within the Office of Tourism, Trade, and Economic
597Development. The purpose of the program is to provide short-term
598financing to qualified small businesses to hire, retain, or
599train employees; to supply inventory; or to make capital or
600telecommunications improvements that are linked to employment.
601The goals of the program are to enable small businesses to
602remain competitive by assisting them in obtaining financing for
603their continued operation or expansion; supporting the skilled
604workforce in this state; and creating a positive return on the
605state's investment.
606     (2)  DEFINITIONS.-As used in this section, the term:
607     (a)  "Loan administrator" means a certified development
608corporation that is selected the Office of Tourism, Trade, and
609Economic Development to participate in the Jobs for Florida
610Revolving Loan Program.
611     (b)  "Office" means the Office of Tourism, Trade, and
612Economic Development.
613     (c)  "Small business" means a Florida-based business that
614has 50 or fewer full-time employees and that meets the
615requirements for a federal 504 loan offered through the United
616States Small Business Administration.
617     (3)  LOAN PROCEEDS.-The proceeds of a loan authorized under
618the program may be used to:
619     (a)  Hire, retain, or retrain employees;
620     (b)  Install or provide access to telecommunications
621services, energy sources, or other utilities;
622     (c)  Resupply inventory, including payment of
623transportation or shipping costs related to the resupply; or
624     (d)  Make capital improvements or provide working capital
625to make expenditures necessary to employ, hire, retain, or
626retrain employees.
627     (4)  SELECTION OF LOAN ADMINISTRATORS.-
628     (a)  The office may enter into agreements with nonprofit,
629Florida-based certified development corporations certified
630pursuant to 15 U.S.C. s. 697 to provide loans to qualified small
631businesses as loan administrators. To be eligible to participate
632in the program as a loan administrator, a certified development
633corporation also must have 5 years of verifiable experience of
634lending to businesses in this state and sufficient staff and
635expertise to conduct the loan-making process.
636     (b)  Each certified development corporation applying to
637become a loan administrator must submit an application to the
638office which includes:
639     1.  A plan for its proposed lending activities under the
640program, including, but not limited to, a description of its
641underwriting, credit policies and procedures, credit decision
642processes, monitoring policies and procedures, collection
643practices, and outreach efforts.
644     2.  Samples of loan documentation in use by the certified
645development corporation on the date of its application.
646     3.  A detailed description and supporting documentation of
647the nature of the partnerships that the certified development
648corporation has with local or regional economic and business
649development organizations.
650     (c)  The office shall enter into a grant agreement with
651each certified development corporation selected to participate
652in the program as a loan administrator. Each grant agreement
653must specify the aggregate amount of the loans which the loan
654administrator may award. The term of the grant agreement must be
655at least 5 years, except that the office may terminate an
656agreement earlier if the loan administrator fails to meet
657minimum performance standards set by the office. The grant
658agreement may be amended by mutual consent of both parties.
659     (5)  CONFLICTS OF INTEREST.-
660     (a)  A loan administrator may not award a loan to an
661applicant who serves on its board of directors, who is an
662employee of the loan administrator, or who has a contractual
663business arrangement with any member of the loan administrator's
664board of directors or employees.
665     (b)  A loan administrator shall establish and follow
666rigorous standards for ethical conduct. Such standards must
667identify and prohibit conduct that may create a conflict of
668interest.
669     (6)  DISBURSEMENT TO LOAN ADMINISTRATORS.-The office shall
670submit a list of loan administrators participating in the
671program to the Chief Financial Officer. The appropriations to
672fund the loans that may be made under the program shall be
673maintained in the State Treasury until the funds are needed to
674make the loans. The State Treasury may not disburse to a loan
675administrator more than the aggregate amount of the loans
676authorized in the grant agreement and may not disburse more than
67750 percent of the aggregate amount of the loans authorized in
678the grant agreement in the first year of a grant agreement.
679     (7)  COMPENSATION OF LOAN ADMINISTRATORS.-
680     (a)  A loan administrator is entitled to receive a loan
681origination fee, payable at closing, equal to 1 percent of each
682loan issued by the loan administrator and a servicing fee of
6830.625 percent per annum of the loan's outstanding principal
684balance, payable monthly. During the first 12 months of the
685loan, the servicing fee shall be paid from a disbursement from
686the Economic Development Trust Fund. The loan administrator
687shall subsequently collect the servicing fee from payments made
688by the borrower, deducting the fee from payments for principal.
689The loan administrator may also collect reasonable, industry-
690standard loan closing costs from the borrower.
691     (b)  A loan administrator, after collecting the servicing
692fee pursuant to paragraph (a), shall remit the borrower's
693collected interest, principal payment, and charges for late
694payments to the State Treasury on a quarterly basis. If the
695borrower defaults on the loan, the loan administrator shall
696initiate collection efforts to seek repayment of the loan. The
697loan administrator, upon collecting payments for a defaulted
698loan, shall remit the payments to the State Treasury, less any
699collection costs that may be deducted pursuant to the grant
700agreement with the loan administrator.
701     (8)  LOAN APPLICATIONS.-
702     (a)  To be eligible for a loan under the program, an
703applicant must be a small business and must have been determined
704to be eligible for a Small Business Administration 503 loan.
705     (b)  A loan applicant must submit a written application to
706the loan administrator in the format prescribed by the loan
707administrator. The application must include:
708     1.  The applicant's federal employer identification number,
709unemployment account number, and sales or other tax registration
710number.
711     2.  The street address of the applicant's principal place
712of business in this state.
713     3.  A description of the type of economic activity,
714product, or research and development undertaken by the
715applicant, including the six-digit North American Industry
716Classification System code for each type of economic activity
717conducted by the applicant.
718     4.  The applicant's annual revenue, number of employees,
719number of full-time equivalent employees, and other information
720necessary to verify the applicant's eligibility.
721     5.  The projected investment in the business, if any, which
722the applicant proposes in conjunction with the loan.
723     6.  The total investment in the business from all sources,
724if any, which the applicant proposes in conjunction with the
725loan.
726     7.  The number of net new full-time equivalent jobs that,
727as a result of the loan, the applicant proposes to create in
728this state as of December 31 of each year and the average annual
729wage of the proposed jobs.
730     8.  The date by which the applicant anticipates it will
731need the loan.
732     9.  A detailed explanation of why the loan is needed to
733assist the applicant in increasing employment in this state.
734     10.  A statement that all of the applicant's available
735corporate assets are pledged as collateral for the amount of the
736loan.
737     11.  A statement that the applicant, upon receiving the
738loan, agrees not to seek additional long-term debt without prior
739approval of the loan administrator.
740     12.  A statement that the loan is a joint obligation of the
741business and of each person who owns at least 20 percent of the
742business.
743     13.  Any additional information requested by the office or
744the loan administrator.
745     (c)  The loan administrator, before granting an application
746for a loan, must:
747     1.  Verify the accuracy of the information in the loan
748application.
749     2.  Evaluate whether an applicant, as compared to other
750applicants, is best able to use the loan to make a successful
751long-term commitment to this state. In evaluating applicants,
752the loan administrator must also consider:
753     a.  Whether the applicant has applied for or received
754incentives from local governments.
755     b.  Whether the applicant has applied for or received
756waivers of taxes, impact fees, or other fees or charges by local
757governments.
758     c.  Whether other sources of investments or financing are
759available to the applicant to fund the project that is the
760subject of the loan application.
761     (9)  LOANS.-An applicant who is awarded a loan under this
762section must enter into a loan agreement with the loan
763administrator that provides for the borrower's repayment of the
764loan. Under the loan agreement, the loan:
765     (a)  May not exceed $200,000.
766     (b)  May be used only for the purposes specified in
767subsection (3).
768     (c)  Must be secured by a lien on all of the borrower's
769available corporate assets which is recorded by the loan
770administrator pursuant to the Uniform Commercial Code.
771     (d)  May not exceed 3 years.
772     (e)  Shall have an interest rate of 2 percent. However, if
773the borrower does not create the required number of jobs within
774the time period specified in the loan agreement, the interest
775rate shall be increased for the remaining period of the loan to
776the prime rate published in the Wall Street Journal, plus 4
777percentage points. The loan agreement may provide flexibility in
778creating the required number of jobs for delays due to
779governmental regulatory issues, including, but not limited to,
780permitting.
781     (f)  Shall require the payment of interest only for the
782first 12 months of the loan. Such interest payment shall be due
783at the end of the 12th month. Thereafter, payment for interest
784and principal is due each month until the loan is paid in full.
785Interest and principal payments are based on the unpaid balance
786of the total loan amount.
787     (10)  TAX EXEMPTION FOR CERTAIN INSTRUMENTS.-All notes,
788mortgages, security agreements, letters of credit, or other
789instruments that are given to secure the repayment of loans
790issued in connection with the financing of any loan under the
791program, without regard to the status of any party thereto as a
792private party, are exempt from taxation by the state and its
793political subdivisions. The exemption granted in this subsection
794does not apply to any tax imposed by chapter 220 on interest,
795income, or profits on debt obligations owned by corporations.
796     (11)  QUARTERLY REPORTS.-Each loan administrator shall
797submit quarterly reports to the office which must include the
798information required in the grant agreement and:
799     (a)  The number of full-time equivalent jobs created or
800retained as a result of the loans.
801     (b)  The amount of wages paid to employees in the newly
802created jobs, and, separately, the amount of wages paid to
803employees who were retained.
804     (c)  The locations and types of economic activity
805undertaken by the borrowers.
806     (d)  The number and amount of delinquencies of loans
807approved.
808     (12)  ANNUAL REPORT.-On January 15 of each year, beginning
809in 2011, the office shall submit a report to the Governor, the
810President of the Senate, and the Speaker of the House of
811Representatives which describes in detail the use of the loan
812funds. The report must include, at a minimum:
813     (a)  The number of businesses receiving loans.
814     (b)  A profile of the businesses receiving the loans,
815including their location, how long they have been operating, and
816the product or service produced.
817     (c)  The number of full-time equivalent jobs created or
818retained as a result of the loans.
819     (d)  The amount of wages paid to employees in the newly
820created jobs and to the retained employees.
821     (e)  The amounts of loan repayments made to date.
822     (f)  The default rate of borrowers.
823     (g)  An assessment of whether the program is achieving its
824goals to make capital available to small businesses, to create
825or retain jobs, and to generate a positive return on the state's
826investment.
827     (13)  CARRYFORWARD OF APPROPRIATIONS.-Unexpended balances
828of appropriations provided for the program, repayment of loans,
829and payment of loan interest do not revert to the fund from
830which the appropriation was made at the end of a fiscal year,
831but are carried forward each subsequent fiscal year for
832expenditures for new loans and any other specified use
833authorized by the program.
834     (14)  COMPLIANCE REVIEWS.-The Office of Financial
835Regulation shall review each loan administrator's activities
836under this program once every 36 months to determine compliance
837with laws and rules related to loan practices and shall prepare
838a report based on its review and evaluation. Any corrective
839actions recommended by the Office of Financial Regulation shall
840be discussed with the loan administrator and with the office. A
841compilation of the reports, without confidential or identifying
842information related to the loan recipients, shall be prepared by
843the Office of Financial Regulation and submitted to the
844Governor, the President of the Senate, and the Speaker of the
845House of Representatives, by March 1, beginning in 2014 and
846every 3 years thereafter.
847     (15)  RULEMAKING.-The office shall adopt rules to
848administer this section.
849     (16)  LENDING DEADLINE.-A loan administrator may not award
850a new loan or enter into a loan agreement after June 30, 2023.
851     (17)  TERMINATION OF PROGRAM.-This section expires June 30,
8522026.
853     Section 8.  Section 288.125, Florida Statutes, is amended
854to read:
855     288.125  Definition of "entertainment industry".-For the
856purposes of ss. 288.1251-288.1258, the term "entertainment
857industry" means those persons or entities engaged in the
858operation of motion picture or television studios, digital media
859studios, or recording studios; those persons or entities engaged
860in the preproduction, production, or postproduction of motion
861pictures, made-for-television movies, television programming,
862digital media projects, commercial advertising, music videos, or
863sound recordings; and those persons or entities providing
864products or services directly related to the preproduction,
865production, or postproduction of motion pictures, made-for-
866television movies, television programming, digital media
867projects, commercial advertising, music videos, or sound
868recordings, including, but not limited to, the broadcast
869industry.
870     Section 9.  Paragraph (b) of subsection (1) and paragraph
871(a) of subsection (2) of section 288.1251, Florida Statutes, are
872amended to read:
873     288.1251  Promotion and development of entertainment
874industry; Office of Film and Entertainment; creation; purpose;
875powers and duties.-
876     (1)  CREATION.-
877     (b)  The Office of Tourism, Trade, and Economic Development
878shall conduct a national search for a qualified person to fill
879the position of Commissioner of Film and Entertainment, when the
880position is vacant. and The Executive Director of the Office of
881Tourism, Trade, and Economic Development has the responsibility
882to shall hire the commissioner of Film and Entertainment.
883Qualifications for the commissioner Guidelines for selection of
884the Commissioner of Film and Entertainment shall include, but
885are not be limited to, the Commissioner of Film and
886Entertainment having the following:
887     1.  A working knowledge of the equipment, personnel,
888financial, and day-to-day production operations of the
889industries to be served by the Office of Film and Entertainment;
890     2.  Marketing and promotion experience related to the film
891and entertainment industries to be served by the office;
892     3.  Experience working with a variety of individuals
893representing large and small entertainment-related businesses,
894industry associations, local community entertainment industry
895liaisons, and labor organizations; and
896     4.  Experience working with a variety of state and local
897governmental agencies.
898     (2)  POWERS AND DUTIES.-
899     (a)  The Office of Film and Entertainment, in performance
900of its duties, shall:
901     1.  In consultation with the Florida Film and Entertainment
902Advisory Council, update the develop and implement a 5-year
903strategic plan every 5 years to guide the activities of the
904Office of Film and Entertainment in the areas of entertainment
905industry development, marketing, promotion, liaison services,
906field office administration, and information. The plan, to be
907developed by no later than June 30, 2000, shall:
908     a.  Be annual in construction and ongoing in nature.
909     b.  Include recommendations relating to the organizational
910structure of the office.
911     c.  Include an annual budget projection for the office for
912each year of the plan.
913     d.  Include an operational model for the office to use in
914implementing programs for rural and urban areas designed to:
915     (I)  Develop and promote the state's entertainment
916industry.
917     (II)  Have the office serve as a liaison between the
918entertainment industry and other state and local governmental
919agencies, local film commissions, and labor organizations.
920     (III)  Gather statistical information related to the
921state's entertainment industry.
922     (IV)  Provide information and service to businesses,
923communities, organizations, and individuals engaged in
924entertainment industry activities.
925     (V)  Administer field offices outside the state and
926coordinate with regional offices maintained by counties and
927regions of the state, as described in sub-sub-subparagraph (II),
928as necessary.
929     e.  Include performance standards and measurable outcomes
930for the programs to be implemented by the office.
931     f.  Include an assessment of, and make recommendations on,
932the feasibility of creating an alternative public-private
933partnership for the purpose of contracting with such a
934partnership for the administration of the state's entertainment
935industry promotion, development, marketing, and service
936programs.
937     2.  Develop, market, and facilitate a smooth working
938relationship between state agencies and local governments in
939cooperation with local film commission offices for out-of-state
940and indigenous entertainment industry production entities.
941     3.  Implement a structured methodology prescribed for
942coordinating activities of local offices with each other and the
943commissioner's office.
944     4.  Represent the state's indigenous entertainment industry
945to key decisionmakers within the national and international
946entertainment industry, and to state and local officials.
947     5.  Prepare an inventory and analysis of the state's
948entertainment industry, including, but not limited to,
949information on crew, related businesses, support services, job
950creation, talent, and economic impact and coordinate with local
951offices to develop an information tool for common use.
952     6.  Represent key decisionmakers within the national and
953international entertainment industry to the indigenous
954entertainment industry and to state and local officials.
955     7.  Serve as liaison between entertainment industry
956producers and labor organizations.
957     6.8.  Identify, solicit, and recruit entertainment
958production opportunities for the state.
959     7.9.  Assist rural communities and other small communities
960in the state in developing the expertise and capacity necessary
961for such communities to develop, market, promote, and provide
962services to the state's entertainment industry.
963     Section 10.  Paragraphs (a) and (c) of subsection (3) of
964section 288.1252, Florida Statutes, are amended to read:
965     288.1252  Florida Film and Entertainment Advisory Council;
966creation; purpose; membership; powers and duties.-
967     (3)  MEMBERSHIP.-
968     (a)  The council shall consist of 17 members, seven to be
969appointed by the Governor, five to be appointed by the President
970of the Senate, and five to be appointed by the Speaker of the
971House of Representatives, with the initial appointments being
972made no later than August 1, 1999.
973     (c)  Council members shall be appointed to serve for 4-year
974terms, except that the initial terms shall be staggered:
975     1.  The Governor shall appoint one member for a 1-year
976term, two members for 2-year terms, two members for 3-year
977terms, and two members for 4-year terms.
978     2.  The President of the Senate shall appoint one member
979for a 1-year term, one member for a 2-year term, two members for
9803-year terms, and one member for a 4-year term.
981     3.  The Speaker of the House of Representatives shall
982appoint one member for a 1-year term, one member for a 2-year
983term, two members for 3-year terms, and one member for a 4-year
984term.
985     Section 11.  Subsections (1), (2), and (5) of section
986288.1253, Florida Statutes, are amended to read:
987     288.1253  Travel and entertainment expenses.-
988     (1)  As used in this section, the term:
989     (a)  "Business client" means any person, other than a state
990official or state employee, who receives the services of
991representatives of the Office of Film and Entertainment in
992connection with the performance of its statutory duties,
993including persons or representatives of entertainment industry
994companies considering location, relocation, or expansion of an
995entertainment industry business within the state.
996     (b)  "Entertainment expenses" means the actual, necessary,
997and reasonable costs of providing hospitality for business
998clients or guests, which costs are defined and prescribed by
999rules adopted by the Office of Tourism, Trade, and Economic
1000Development, subject to approval by the Chief Financial Officer.
1001     (c)  "Guest" means a person, other than a state official or
1002state employee, authorized by the Office of Tourism, Trade, and
1003Economic Development to receive the hospitality of the Office of
1004Film and Entertainment in connection with the performance of its
1005statutory duties.
1006     (d)  "travel expenses" means the actual, necessary, and
1007reasonable costs of transportation, meals, lodging, and
1008incidental expenses normally incurred by an employee of the
1009Office of Film and Entertainment a traveler, which costs are
1010defined and prescribed by rules adopted by the Office of
1011Tourism, Trade, and Economic Development, subject to approval by
1012the Chief Financial Officer.
1013     (2)  Notwithstanding the provisions of s. 112.061, the
1014Office of Tourism, Trade, and Economic Development shall adopt
1015rules by which it may make expenditures by advancement or
1016reimbursement, or a combination thereof, to:
1017     (a)  the Governor, the Lieutenant Governor, security staff
1018of the Governor or Lieutenant Governor, the Commissioner of Film
1019and Entertainment, or staff of the Office of Film and
1020Entertainment for travel expenses or entertainment expenses
1021incurred by such individuals solely and exclusively in
1022connection with the performance of the statutory duties of the
1023Office of Film and Entertainment.
1024     (b)  The Governor, the Lieutenant Governor, security staff
1025of the Governor or Lieutenant Governor, the Commissioner of Film
1026and Entertainment, or staff of the Office of Film and
1027Entertainment for travel expenses or entertainment expenses
1028incurred by such individuals on behalf of guests, business
1029clients, or authorized persons as defined in s. 112.061(2)(e)
1030solely and exclusively in connection with the performance of the
1031statutory duties of the Office of Film and Entertainment.
1032     (c)  Third-party vendors for the travel or entertainment
1033expenses of guests, business clients, or authorized persons as
1034defined in s. 112.061(2)(e) incurred solely and exclusively
1035while such persons are participating in activities or events
1036carried out by the Office of Film and Entertainment in
1037connection with that office's statutory duties.
1038
1039The rules are shall be subject to approval by the Chief
1040Financial Officer before adoption prior to promulgation. The
1041rules shall require the submission of paid receipts, or other
1042proof of expenditure prescribed by the Chief Financial Officer,
1043with any claim for reimbursement and shall require, as a
1044condition for any advancement of funds, an agreement to submit
1045paid receipts or other proof of expenditure and to refund any
1046unused portion of the advancement within 15 days after the
1047expense is incurred or, if the advancement is made in connection
1048with travel, within 10 working days after the traveler's return
1049to headquarters. However, with respect to an advancement of
1050funds made solely for travel expenses, the rules may allow paid
1051receipts or other proof of expenditure to be submitted, and any
1052unused portion of the advancement to be refunded, within 10
1053working days after the traveler's return to headquarters.
1054Operational or promotional advancements, as defined in s.
1055288.35(4), obtained pursuant to this section shall not be
1056commingled with any other state funds.
1057     (5)  Any claim submitted under this section is shall not be
1058required to be sworn to before a notary public or other officer
1059authorized to administer oaths, but any claim authorized or
1060required to be made under any provision of this section shall
1061contain a statement that the expenses were actually incurred as
1062necessary travel or entertainment expenses in the performance of
1063official duties of the Office of Film and Entertainment and
1064shall be verified by written declaration that it is true and
1065correct as to every material matter. Any person who willfully
1066makes and subscribes to any claim which he or she does not
1067believe to be true and correct as to every material matter or
1068who willfully aids or assists in, procures, or counsels or
1069advises with respect to, the preparation or presentation of a
1070claim pursuant to this section that is fraudulent or false as to
1071any material matter, whether or not such falsity or fraud is
1072with the knowledge or consent of the person authorized or
1073required to present the claim, commits a misdemeanor of the
1074second degree, punishable as provided in s. 775.082 or s.
1075775.083. Whoever receives a an advancement or reimbursement by
1076means of a false claim is civilly liable, in the amount of the
1077overpayment, for the reimbursement of the public fund from which
1078the claim was paid.
1079     Section 12.  Subsection (5) of section 288.1258, Florida
1080Statutes, is amended to read:
1081     288.1258  Entertainment industry qualified production
1082companies; application procedure; categories; duties of the
1083Department of Revenue; records and reports.-
1084     (5)  RELATIONSHIP OF TAX EXEMPTIONS AND INCENTIVES TO
1085INDUSTRY GROWTH; REPORT TO THE LEGISLATURE.-The Office of Film
1086and Entertainment shall keep annual records from the information
1087provided on taxpayer applications for tax exemption certificates
1088beginning January 1, 2001. These records shall reflect a ratio
1089percentage comparison of the annual amount of funds exempted
1090sales and use tax exemptions under this section and incentives
1091awarded pursuant to s. 288.1254 to the estimated amount of funds
1092expended by certified productions in relation to entertainment
1093industry products. In addition, the office shall
1094showing annual growth in Florida-based entertainment industry
1095companies and entertainment industry employment and wages. The
1096Office of Film and Entertainment shall report this information
1097to the Legislature by no later than December 1 of each year.
1098     Section 13.  Section 290.00677, Florida Statutes, is
1099amended to read:
1100     290.00677  Rural enterprise zones; special qualifications.-
1101     (1)  Notwithstanding the enterprise zone residency
1102requirements set out in s. 212.096(1)(c), eligible businesses as
1103defined by s. 212.096(1)(a), located in rural enterprise zones
1104as defined by s. 290.004, may receive the basic minimum credit
1105provided under s. 212.096 for creating a new job and hiring a
1106person residing within the jurisdiction of a rural community
1107county, as defined by s. 288.106(1)(t) s. 288.106(1)(r). All
1108other provisions of s. 212.096, including, but not limited to,
1109those relating to the award of enhanced credits, apply to such
1110businesses.
1111     (2)  Notwithstanding the enterprise zone residency
1112requirements set out in s. 220.03(1)(q), businesses as defined
1113by s. 220.03(1)(c), located in rural enterprise zones as defined
1114in s. 290.004, may receive the basic minimum credit provided
1115under s. 220.181 for creating a new job and hiring a person
1116residing within the jurisdiction of a rural community county, as
1117defined by s. 288.106(1)(t) s. 288.106(1)(r). All other
1118provisions of s. 220.181, including, but not limited to, those
1119relating to the award of enhanced credits apply to such
1120businesses.
1121     Section 14.  Section 373.441, Florida Statutes, is amended
1122to read:
1123     373.441  Role of counties, municipalities, and local
1124pollution control programs in permit processing; delegation.-
1125     (1)  The department in consultation with the water
1126management districts shall, by December 1, 1994, adopt rules to
1127guide the participation of counties, municipalities, and local
1128pollution control programs in an efficient, streamlined
1129permitting system. Such rules shall seek to increase
1130governmental efficiency, shall maintain environmental standards,
1131and shall include consideration of the following:
1132     (a)  Provisions under which the environmental resource
1133permit program shall be delegated, upon approval of the
1134department and the appropriate water management districts, to a
1135county, municipality, or local pollution control program which
1136has the financial, technical, and administrative capabilities
1137and desire to implement and enforce the program;
1138     (b)  Provisions under which a locally delegated permit
1139program may have stricter environmental standards than state
1140standards;
1141     (c)  Provisions for identifying and reconciling any
1142duplicative permitting by January 1, 1995;
1143     (d)  Provisions for timely and cost-efficient notification
1144by the reviewing agency of permit applications, and permit
1145requirements, to counties, municipalities, local pollution
1146control programs, the department, or water management districts,
1147as appropriate;
1148     (e)  Provisions for ensuring the consistency of permit
1149applications with local comprehensive plans;
1150     (f)  Provisions for the partial delegation of the
1151environmental resource permit program to counties,
1152municipalities, or local pollution control programs, and
1153standards and criteria to be employed in the implementation of
1154such delegation by counties, municipalities, and local pollution
1155control programs;
1156     (g)  Special provisions under which the environmental
1157resource permit program may be delegated to counties having with
1158populations of 75,000 or fewer less, or municipalities having
1159with, or local pollution control programs serving, populations
1160of 50,000 or fewer less; and
1161     (h)  Provisions for the applicability of chapter 120 to
1162local government programs when the environmental resource permit
1163program is delegated to counties, municipalities, or local
1164pollution control programs; and
1165     (i)  Provisions for a local government to petition the
1166Governor and Cabinet for review of a request for a delegation of
1167authority which has not been approved or denied within 1 year
1168after being initiated.
1169     (2)  Any denial by the department of a local government's
1170request for a delegation of authority must provide specific
1171detail of those statutory or rule provisions that were not
1172satisfied. Such detail shall also include specific actions that
1173can be taken in order to allow for the delegation of authority.
1174A local government, upon being denied a request for a delegation
1175of authority, may petition the Governor and Cabinet for a review
1176of the request. The Governor and Cabinet may reverse the
1177decision of the department and may provide any necessary
1178conditions to allow the delegation of authority to occur.
1179     (3)  A county having a population of 75,000 or more, a
1180municipality having a population of 50,000 or more, or a local
1181pollution control program serving a population of 50,000 or more
1182must apply for delegation of authority on or before June 1,
11832011. A county, municipality, or local pollution control program
1184that fails to apply for delegation of authority may not require
1185permits of which any part of the requirements for such permits
1186are substantially similar to the requirements needed to obtain
1187an environmental resource permit.
1188     (4)(2)  Nothing in this section affects or modifies land
1189development regulations adopted by a local government to
1190implement its comprehensive plan pursuant to chapter 163.
1191     (5)(3)  The department shall review environmental resource
1192permit applications for electrical distribution and transmission
1193lines and other facilities related to the production,
1194transmission, and distribution of electricity which are not
1195certified under ss. 403.52-403.5365, the Florida Electric
1196Transmission Line Siting Act, regulated under this part.
1197     Section 15.  The Office of Program Policy Analysis and
1198Government Accountability shall review and evaluate the Florida
1199Enterprise Zone Act in ss. 290.001-290.014, Florida Statutes,
1200over the 2010 interim and submit a report of its findings and
1201recommendations to the Governor, the President of the Senate,
1202and the Speaker of the House of Representatives by January 11,
12032011. The review shall include, but need not be limited to: how
1204the program has changed over the years since it was created;
1205whether the program is effectively and efficiently addressing
1206the issues that precipitated its creation; the direct and
1207indirect costs of the program to the state and local governments
1208that participate; whether the program's tax incentives are
1209effectively designed to benefit economically distressed or high-
1210poverty areas and their residents and business owners; and
1211whether the application, review, and approval processes are
1212transparent, effective, and efficient.
1213     Section 16.  The permit extensions granted in section 14 of
1214chapter 2009-96, Laws of Florida, are further extended another 3
1215years, as long as the affected permitholders comply with the
1216specified requirements.
1217     Section 17.  Section 47 of chapter 2009-82, Laws of
1218Florida, is amended to read:
1219     Section 47.  In order to implement Specific Appropriation
12201570 of the 2009-2010 General Appropriations Act:
1221     (1)  The intent of the Legislature is to ensure that
1222residents of the state derive the maximum possible economic
1223benefit from the federal first-time homebuyer tax credit created
1224through The American Recovery and Reinvestment Act of 2009 by
1225providing subordinate down payment assistance loans to first-
1226time homebuyers for owner-occupied primary residences which can
1227be repaid by the income tax refund the homebuyer is entitled to
1228under the First Time Homebuyer Credit. The state program shall
1229be called the "Florida Homebuyer Opportunity Program."
1230     (2)  The Florida Housing Finance Corporation shall
1231administer the Florida Homebuyer Opportunity Program to optimize
1232eligibility for conventional, VA, USDA, FHA, and other loan
1233programs through the State Housing Initiatives Partnership
1234program in accordance with ss. 420.907-420.9079, Florida
1235Statutes, and the provisions of this section.
1236     (3)  Prior to December 1, 2009, or any later date
1237established by the Internal Revenue Service for such purchases,
1238counties and eligible municipalities receiving funds shall
1239expend the funds appropriated under Specific Appropriation 1570A
1240only to provide subordinate loans to prospective first-time
1241homebuyers under the Florida Homebuyer Opportunity Program
1242pursuant to this section, except that up to 10 percent of such
1243funds may be used to cover administrative expenses of the
1244counties and eligible municipalities to implement the Florida
1245Homebuyer Opportunity Program, and not more than .25 percent may
1246be used to compensate the Florida Housing Finance Corporation
1247for the expenses associated with compliance monitoring. The
1248funds appropriated under Specific Appropriation 1570A may not be
1249used for any other program currently existing under ss. 420.907-
1250420.9079, Florida Statutes. Thereafter, the funds shall be
1251expended in accordance with ss. 420.907-420.9079, Florida
1252Statutes.
1253     (4)  Notwithstanding s. 420.9075, Florida Statutes, for
1254purposes of the Florida Homebuyer Opportunity Program, the
1255following exceptions shall apply:
1256     (a)  The maximum income limit shall be an adjusted gross
1257income of $75,000 for single taxpayer households or $150,000 for
1258joint-filing taxpayer households, which is equal to that
1259permitted by the American Recovery and Reinvestment Act of 2009;
1260     (b)  There is no requirement to reserve 30 percent of the
1261funds for awards to very-low-income persons or 30 percent of the
1262funds for awards to low-income persons;
1263     (c)  There is no requirement to expend 75 percent of funds
1264for construction, rehabilitation, or emergency repair; and
1265     (d)  The principal balance of the loans provided may not
1266exceed 10 percent of the purchase price or $8,000, whichever is
1267less.
1268     (5)  Funds shall be expended under a newly created strategy
1269in the local housing assistance plan to implement the Florida
1270Homebuyer Opportunity Program.
1271     (6)  The homebuyer shall be expected to use their federal
1272income tax refund to fully repay the loan. If the county or
1273eligible municipality receives repayment from the homebuyer
1274within 18 months after the closing date of the loan, the county
1275or eligible municipality shall waive all interest charges. A
1276homebuyer who fails to fully repay the loan within the earlier
1277of 18 months or 10 days after the receipt of their federal
1278income tax refund, shall be subject to repayment terms provided
1279in the local housing assistance plan, including penalties for
1280not using his or her refund for repayment. Penalties may not
1281exceed 10 percent of the loan amount and shall be included in
1282the loan agreement with the homebuyer.
1283     (7)  All funds repaid to a county or eligible municipality
1284shall be considered "program income" as defined in s.
1285420.9071(24), Florida Statutes.
1286     (8)  In order to maximize the effect of the funding, the
1287counties and eligible municipalities are encouraged to work with
1288private lenders to provide additional funds to support the
1289initiative. However, in all instances, the counties and eligible
1290municipalities shall make and hold the subordinate loan.
1291     (9)  This section expires July 1, 2011 2010.
1292     Section 18.  This act shall take effect July 1, 2010.


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