October 16, 2019
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       Florida Senate - 2010                             CS for SB 1752
       
       
       
       By the Policy and Steering Committee on Ways and Means; and
       Senators Gaetz, Ring, Fasano, Richter, Negron, Bennett,
       Haridopolos, Thrasher, Hill, and Sobel
       
       
       576-02984C-10                                         20101752c1
    1                        A bill to be entitled                      
    2         An act relating to economic development; amending s.
    3         125.045, F.S.; requiring an agency or entity that
    4         receives county funds for economic development
    5         purposes pursuant to a contract to submit a report on
    6         the use of the funds; requiring the county to include
    7         the report in its annual financial audit; requiring
    8         counties to report on the provision of economic
    9         development incentives to businesses to the
   10         Legislative Committee on Intergovernmental Relations;
   11         amending s. 159.803, F.S.; conforming a cross
   12         reference to changes made by the act; amending s.
   13         166.021, F.S.; requiring an agency or entity that
   14         receives municipal funds for economic development
   15         purposes pursuant to a contract to submit a report on
   16         the use of the funds; requiring the municipality to
   17         include the report in its annual financial audit;
   18         requiring municipalities to report on the provision of
   19         economic development incentives to businesses to the
   20         Legislative Committee on Intergovernmental Affairs;
   21         amending s. 212.05, F.S.; limiting the maximum amount
   22         of tax that may be imposed and collected on the sale
   23         or use of a boat in this state; amending s. 212.08,
   24         F.S.; temporarily exempting from sales and use taxes
   25         the increase in purchases of certain industrial
   26         machinery and equipment over the amount of purchases
   27         made in a base year; redefining the terms “real
   28         property” and “rehabilitation of real property” for
   29         purposes of the sales tax exemption on certain
   30         building materials used in the rehabilitation of real
   31         property used in an enterprise zone; specifying
   32         procedures to claim a sales tax credit under the
   33         entertainment industry financial incentive program;
   34         providing an exemption from the use tax for an
   35         aircraft that temporarily enters the state or is
   36         temporarily in the state for certain purposes;
   37         requiring documentation that identifies the aircraft
   38         in order to qualify for the exemption; providing that
   39         the exemption is in addition to certain other
   40         exemptions; amending s. 213.053, F.S.; authorizing the
   41         Department of Revenue to provide confidential taxpayer
   42         information relating to certain tax credits under the
   43         entertainment industry financial incentive program to
   44         the Office of Film and Entertainment and to the Office
   45         of Tourism, Trade, and Economic Development; amending
   46         s. 220.02, F.S.; providing for tax credits pursuant to
   47         the entertainment industry financial incentive program
   48         and the jobs for the unemployed tax credit program to
   49         be taken against the corporate income tax or the
   50         franchise tax after other existing credits are taken;
   51         creating s. 220.1896, F.S.; creating the jobs for the
   52         unemployed tax credit program to provide a tax credit
   53         to certain businesses that employ certain individuals
   54         who were previously unemployed after a certain date;
   55         providing for applications for certification under the
   56         program to be reviewed by Enterprise Florida, Inc.,
   57         and the Office of Tourism, Trade, and Economic
   58         Development; providing criminal penalties for
   59         fraudulent claims of a tax credit; authorizing the
   60         Office of Tourism, Trade, and Economic Development and
   61         the Department of Revenue to adopt rules; providing
   62         for the expiration of the tax credit program; creating
   63         s. 220.1899, F.S.; creating the entertainment industry
   64         tax credit for a tax credit against the qualified
   65         expenditures made by a qualified production company
   66         pursuant to the entertainment industry financial
   67         incentive program; amending s. 220.191, F.S.;
   68         redefining the terms “qualifying business” and
   69         “qualifying project” for purposes of the capital
   70         investment tax credit; providing for the amount of the
   71         credit to diminish over a 10-year period; conforming
   72         cross-references to changes made in the act; providing
   73         that a business seeking the tax credit has the
   74         responsibility of demonstrating qualification for the
   75         credit to the Department of Revenue and the Office of
   76         Tourism, Trade, and Economic Development; authorizing
   77         the payment of a prorated tax credit under certain
   78         circumstances; providing that a business that receives
   79         a capital investment tax credit is not eligible for a
   80         tax refund under the qualified target industry tax
   81         refund program; amending s. 288.095, F.S.; increasing
   82         the amount of tax refund payments available to pay the
   83         state’s share of refunds under the qualified defense
   84         contractor and space flight business tax refund
   85         program and the tax refund program for qualified
   86         target industry businesses; amending s. 288.106, F.S.;
   87         providing legislative findings and declarations for
   88         the tax refund program for qualified target industry
   89         businesses; revising the definitions of terms
   90         applicable to the program; revising the criteria for
   91         the Office of Tourism, Trade, and Economic Development
   92         and Enterprise Florida, Inc., to use in identifying
   93         target industry businesses; conforming cross
   94         references to changes made by the act; authorizing
   95         additional tax refunds to qualified target industry
   96         businesses that meet specified conditions; requiring
   97         an application for certification as a qualified target
   98         industry business to include an estimate of the
   99         proportion of the machinery, equipment, and other
  100         resources that will be used in the applicant’s
  101         proposed operation in Florida and purchased by the
  102         applicant outside the state; requiring the Office of
  103         Tourism, Trade, and Economic Development to consider
  104         the state’s return on investment in evaluating
  105         applicants for the tax refund program; extending the
  106         date by which a qualified target industry business may
  107         request an economic-stimulus exemption; redesignating
  108         economic-stimulus exemptions as economic recovery
  109         extensions; authorizing the Office of Tourism, Trade,
  110         and Economic Development to waive the requirement for
  111         a business to annually provide proof of taxes paid if
  112         the business provides proof that it has paid certain
  113         taxes in amounts at least equal to the total amount of
  114         refunds for which the business is eligible; requiring
  115         the Office of Tourism, Trade, and Economic Development
  116         to conduct a review of certain qualified target
  117         industry businesses that have received their final tax
  118         refund and provide a report of its findings and
  119         recommendations to the Governor, the President of the
  120         Senate, and the Speaker of the House of
  121         Representatives; extending the date by which
  122         businesses may apply to participate in the tax refund
  123         program for qualified target industry businesses;
  124         amending s. 288.107, F.S.; conforming cross-references
  125         to changes made by the act; amending s. 288.125, F.S.;
  126         redefining the term “entertainment industry” to
  127         include digital media projects; amending s. 288.1251,
  128         F.S.; requiring the Office of Film and Entertainment
  129         to update its strategic plan every 5 years; deleting
  130         requirements for the Office of Film and Entertainment
  131         to represent certain decisionmakers within the
  132         entertainment industry and to act as a liaison between
  133         entertainment industry producers and labor
  134         organizations; amending s. 288.1252, F.S.; deleting
  135         obsolete provisions; deleting the requirement for the
  136         Commissioner of Film and Entertainment and a
  137         representative of the Florida Tourism Marketing
  138         Council to serve as ex officio members of the Film and
  139         Entertainment Advisory Council; amending s. 288.1253,
  140         F.S.; eliminating provisions authorizing the payment
  141         of travel expenses to persons other than employees of
  142         the Office of Film and Entertainment, the Governor and
  143         Lieutenant Governor, and security staff; providing for
  144         the payment of travel expenses through reimbursements;
  145         amending s. 288.1254, F.S.; revising the entertainment
  146         industry financial incentive program to provide
  147         corporate income tax and sales and use tax credits to
  148         qualified entertainment entities rather than
  149         reimbursements from appropriations; revising
  150         provisions relating to definitions, creation, and
  151         scope, application procedures, approval process,
  152         eligibility, required documents, qualified and
  153         certified productions, and annual reports; providing
  154         duties and responsibilities of the Office of Film and
  155         Entertainment, the Office of Tourism, Trade, and
  156         Economic Development, and the Department of Revenue
  157         relating to the tax credits; providing criteria and
  158         limitations for awards of tax credits; providing for
  159         uses, allocations, election, distributions, and
  160         carryforward of the tax credits; providing for
  161         withdrawal of tax credit eligibility; providing for
  162         use of consolidated returns; providing for partnership
  163         and noncorporate distributions of tax credits;
  164         providing for succession of tax credits; providing
  165         requirements for transfer of tax credits; authorizing
  166         the Office of Tourism, Trade, and Economic Development
  167         to adopt rules, policies, and procedures; authorizing
  168         the Department of Revenue to adopt rules and conduct
  169         audits; providing for revocation and forfeiture of tax
  170         credits; providing liability for reimbursement of
  171         certain costs and fees associated with a fraudulent
  172         claim; requiring an annual report to the Governor and
  173         the Legislature; providing for future repeal;
  174         amending s. 288.1258, F.S.; requiring the Office of
  175         Film and Entertainment to include in its records
  176         certain ratios of tax exemptions and incentives to the
  177         estimated funds expended by a certified production;
  178         creating s. 288.9552, F.S.; creating the Research
  179         Commercialization Matching Grant Program to provide
  180         grants to certain small companies; designating the
  181         Florida Institute for the Commercialization of Public
  182         Research to serve as the administrator of the program;
  183         specifying criteria to determine eligibility for a
  184         grant; limiting the maximum amount of an award;
  185         requiring the institute to issue an annual report
  186         relating to the grant program to the Governor, the
  187         President of the Senate, and the Speaker of the House
  188         of Representatives; amending s. 290.00677, F.S.;
  189         conforming cross-references to changes made by the
  190         act; amending s. 373.4141, F.S.; providing legislative
  191         intent to expedite the processing of permits; deleting
  192         provisions relating to a requirement that the
  193         Department of Environmental Protection and a water
  194         management district request additional information
  195         needed from an applicant within 30 days after receipt
  196         of the application; requiring an application for
  197         certain permits, including certain permits from a
  198         local government, to be approved or denied within 30
  199         days; amending s. 373.441, F.S.; requiring the
  200         Department of Environmental Protection to adopt rules
  201         that authorize a local government to petition the
  202         Governor and Cabinet for certain delegation requests;
  203         requiring the Department of Environmental Protection
  204         detail the statutes or rules that were not satisfied
  205         by a local government that made a request for
  206         delegation and to detail actions that could be taken
  207         to allow for delegation; authorizing a local
  208         government to petition the Governor and Cabinet to
  209         review the denial of a delegation request; requiring
  210         certain counties and municipalities to apply for
  211         delegation by a certain date to require permits
  212         similar to an environmental resource permit; amending
  213         s. 403.061, F.S.; directing the Department of
  214         Environmental Protection to expand the use of online
  215         self-certification for certain exemptions and permits;
  216         limiting the authority of a local government the
  217         method or form for documenting that a project
  218         qualifies for an exemption or meets the requirements
  219         for a permit; amending s. 403.814, F.S.; granting a
  220         general permit for the construction and maintenance of
  221         certain surface water management systems that satisfy
  222         specified conditions; requiring the Office of Program
  223         Policy Analysis and Government Accountability to
  224         review the Enterprise Zone Program and submit a report
  225         of its findings and recommendations to the Governor,
  226         the President of the Senate, and the Speaker of the
  227         House of Representatives; authorizing the funds in
  228         specific appropriation 2649 of chapter 2008-152, Laws
  229         of Florida, to be used for additional space-related
  230         economic-development purposes; providing an
  231         appropriation to the Office of Tourism, Trade, and
  232         Economic Development to fund the operations of Space
  233         Florida; providing an appropriation to the Space
  234         Business Investment and Financial Services Trust Fund
  235         to carry out the purposes of the trust fund; providing
  236         an appropriation to the Office of Tourism, Trade, and
  237         Economic Development to enable Space Florida to
  238         provide targeted business-development support services
  239         and business recruitment; providing an appropriation
  240         to the Office of Tourism, Trade, and Economic
  241         Development for Space Florida to retrain workers in
  242         the space industry; requiring all state agencies
  243         owning or operating state-owned real property to
  244         submit inventory data to the Department of
  245         Environmental Protection by a specified date;
  246         requiring the Department of Environmental Protection
  247         to submit to the Governor, the President of the
  248         Senate, and the Speaker of the House of
  249         Representatives a report that lists state-owned real
  250         property recommended for disposition; providing that
  251         the proceeds of the sale of surplus real property be
  252         deposited in the General Revenue Fund to be used for
  253         certain specified purposes; requiring the Office of
  254         Program Policy Analysis and Government Accountability
  255         to review and evaluate the Research Commercialization
  256         Matching Grant Program and submit a report of its
  257         findings to the Governor, the President of the Senate,
  258         and the Speaker of the House of Representatives;
  259         limiting the effect of a ruling by a court which
  260         invalidates any portion of chapter 2009-96, Laws of
  261         Florida; validating certain development exemptions and
  262         extensions, amendments to a local comprehensive plan,
  263         and land development regulations made or granted under
  264         chapter 2009-96, Laws of Florida; extending the
  265         expiration dates of certain permits issued by the
  266         Department of Environmental Protection or a water
  267         management district; extending certain previously
  268         granted build-out dates; amending s. 47 of chapter
  269         2009-82, Laws of Florida; delaying the expiration of
  270         the Florida Homebuyer Opportunity Program; requiring
  271         that construction contracts funded by state funds
  272         contain a provision requiring the contractor to give
  273         preference to the employment of Florida residents if
  274         they have substantially equal qualifications as
  275         nonresidents; defining the term “substantially equal
  276         qualifications”; requiring that a contractor post
  277         employment needs in the state’s job bank system;
  278         providing an appropriation to the Florida Institute
  279         for the Commercialization of Public Research to fund
  280         grants under the Research Commercialization Matching
  281         Grant Program; conditionally specifying the use of an
  282         appropriation to the Board of Governors of the State
  283         University System to fund proposals under the State
  284         University Research Commercialization Assistance Grant
  285         Program; providing an appropriation for the Florida
  286         Export Finance Corporation to capitalize an expansion
  287         of its existing loan program for exporters; providing
  288         a finding that the act fulfills an important state
  289         interest; providing for severability; providing
  290         effective dates.
  291  
  292  Be It Enacted by the Legislature of the State of Florida:
  293  
  294         Section 1. Effective July 1, 2010, section 125.045, Florida
  295  Statutes, is amended to read:
  296         125.045 County economic development powers.—
  297         (1) The Legislature finds and declares that this state
  298  faces increasing competition from other states and other
  299  countries for the location and retention of private enterprises
  300  within its borders. Furthermore, the Legislature finds that
  301  there is a need to enhance and expand economic activity in the
  302  counties of this state by attracting and retaining manufacturing
  303  development, business enterprise management, and other
  304  activities conducive to economic promotion, in order to provide
  305  a stronger, more balanced, and stable economy in the state; to
  306  enhance and preserve purchasing power and employment
  307  opportunities for the residents of this state; and to improve
  308  the welfare and competitive position of the state. The
  309  Legislature declares that it is necessary and in the public
  310  interest to facilitate the growth and creation of business
  311  enterprises in the counties of the state.
  312         (2) The governing body of a county may expend public funds
  313  to attract and retain business enterprises, and the use of
  314  public funds toward the achievement of such economic development
  315  goals constitutes a public purpose. The provisions of this
  316  chapter which confer powers and duties on the governing body of
  317  a county, including any powers not specifically prohibited by
  318  law which can be exercised by the governing body of a county,
  319  must be liberally construed in order to effectively carry out
  320  the purposes of this section.
  321         (3) For the purposes of this section, it constitutes a
  322  public purpose to expend public funds for economic development
  323  activities, including, but not limited to, developing or
  324  improving local infrastructure, issuing bonds to finance or
  325  refinance the cost of capital projects for industrial or
  326  manufacturing plants, leasing or conveying real property, and
  327  making grants to private enterprises for the expansion of
  328  businesses existing in the community or the attraction of new
  329  businesses to the community.
  330         (4)A contract between the governing body of a county or
  331  other entity engaged in economic development activities on
  332  behalf of the county and an economic development agency must
  333  require the agency or entity receiving county funds to submit a
  334  report to the governing body of the county detailing how county
  335  funds were spent and detailing the results of the economic
  336  development agency’s or entity’s efforts on behalf of the
  337  county. The county shall include the report as an addendum to
  338  the county’s annual financial audit.
  339         (5)(a)By December 1, 2010, and annually thereafter, each
  340  county shall report to the Legislative Committee on
  341  Intergovernmental Relations the economic development incentives
  342  given to any business during the county’s previous fiscal year.
  343  Economic development incentives include:
  344         1.Direct financial incentives of monetary assistance
  345  provided to a business from the county or through an
  346  organization authorized by the county. Such incentives include
  347  grants, loans, equity investments, loan insurance and
  348  guarantees, and training subsidies.
  349         2.Indirect incentives in the form of grants and loans
  350  provided to businesses and community organizations that provide
  351  support to businesses or promote business investment or
  352  development.
  353         3.Fee-based or tax-based incentives, including credits,
  354  refunds, exemptions, and property tax abatement or assessment
  355  reductions.
  356         4.Below-market rate leases or deeds for real property.
  357         5. Any other inducement provided to a business in order for
  358  the business to create or retain jobs, relocate to or remain in
  359  the county, or expand its current operations in the county.
  360         (b)A county shall report its economic development
  361  incentives in the format specified by the Legislative Committee
  362  on Intergovernmental Relations.
  363         (c)The Legislative Committee on Intergovernmental
  364  Relations shall compile the economic development incentives
  365  provided by each county in a manner that shows the total of each
  366  class of economic development incentives provided by each county
  367  and all counties.
  368         (d)If a county did not provide any economic development
  369  incentives during its previous fiscal year, the governing body
  370  of the county must report to the Legislative Committee on
  371  Intergovernmental Relations that the county did not provide any
  372  incentives.
  373         Section 2. Effective July 1, 2010, subsection (11) of
  374  section 159.803, Florida Statutes, is amended to read:
  375         159.803 Definitions.—As used in this part, the term:
  376         (11) “Florida First Business project” means any project
  377  which is certified by the Office of Tourism, Trade, and Economic
  378  Development as eligible to receive an allocation from the
  379  Florida First Business allocation pool established pursuant to
  380  s. 159.8083. The Office of Tourism, Trade, and Economic
  381  Development may certify those projects meeting the criteria set
  382  forth in s. 288.106(4)(b) s. 288.106(3)(b) or any project
  383  providing a substantial economic benefit to this state.
  384         Section 3. Effective July 1, 2010, subsection (9) of
  385  section 166.021, Florida Statutes, is amended to read:
  386         166.021 Powers.—
  387         (9)(a) The Legislature finds and declares that this state
  388  faces increasing competition from other states and other
  389  countries for the location and retention of private enterprises
  390  within its borders. Furthermore, the Legislature finds that
  391  there is a need to enhance and expand economic activity in the
  392  municipalities of this state by attracting and retaining
  393  manufacturing development, business enterprise management, and
  394  other activities conducive to economic promotion, in order to
  395  provide a stronger, more balanced, and stable economy in the
  396  state, to enhance and preserve purchasing power and employment
  397  opportunities for the residents of this state, and to improve
  398  the welfare and competitive position of the state. The
  399  Legislature declares that it is necessary and in the public
  400  interest to facilitate the growth and creation of business
  401  enterprises in the municipalities of the state.
  402         (b) The governing body of a municipality may expend public
  403  funds to attract and retain business enterprises, and the use of
  404  public funds toward the achievement of such economic development
  405  goals constitutes a public purpose. The provisions of this
  406  chapter which confer powers and duties on the governing body of
  407  a municipality, including any powers not specifically prohibited
  408  by law which can be exercised by the governing body of a
  409  municipality, shall be liberally construed in order to
  410  effectively carry out the purposes of this subsection.
  411         (c) For the purposes of this subsection, it constitutes a
  412  public purpose to expend public funds for economic development
  413  activities, including, but not limited to, developing or
  414  improving local infrastructure, issuing bonds to finance or
  415  refinance the cost of capital projects for industrial or
  416  manufacturing plants, leasing or conveying real property, and
  417  making grants to private enterprises for the expansion of
  418  businesses existing in the community or the attraction of new
  419  businesses to the community.
  420         (d)A contract between the governing body of a municipality
  421  or other entity engaged in economic development activities on
  422  behalf of the municipality and an economic development agency
  423  must require the agency or entity receiving county funds to
  424  submit a report to the governing body of the county detailing
  425  how county funds were spent and detailing the results of the
  426  economic development agency’s or entity’s efforts on behalf of
  427  the county. The municipality shall include the report as an
  428  addendum to the municipality’s annual financial audit.
  429         (e)1.By December 1, 2010, and annually thereafter, each
  430  municipality having an annual revenues or expenditures greater
  431  than $250,000 shall report to the Legislative Committee on
  432  Intergovernmental Relations the economic development incentives
  433  given to any business during the municipality’s previous fiscal
  434  year. Economic development incentives include:
  435         a.Direct financial incentives of monetary assistance
  436  provided to a business from the municipality or through an
  437  organization authorized by the municipality. Such incentives
  438  include grants, loans, equity investments, loan insurance and
  439  guarantees, and training subsidies.
  440         b.Indirect incentives in the form of grants and loans
  441  provided to businesses and community organizations that provide
  442  support to businesses or promote business investment or
  443  development.
  444         c.Fee-based or tax-based incentives, including credits,
  445  refunds, exemptions, and property tax abatement or assessment
  446  reductions.
  447         d.Below-market rate leases or deeds for real property.
  448         e. Any other inducement provided to a business in order for
  449  the business to create or retain jobs, relocate to or remain in
  450  the county, or expand its current operations in the county.
  451         2.A municipality shall report its economic development
  452  incentives in the format specified by the Legislative Committee
  453  on Intergovernmental Relations.
  454         3.The Legislative Committee on Intergovernmental Relations
  455  shall compile the economic development incentives provided by
  456  each county in a manner that shows the total of each class of
  457  economic development incentives provided by each municipality
  458  and all municipalities.
  459         4.If a municipality did not provide any economic
  460  development incentives during its previous fiscal year, the
  461  governing body of the municipality must report to the
  462  Legislative Committee on Intergovernmental Relations that the
  463  municipality did not provide any incentives.
  464         (f)(d)Nothing contained in This subsection does not limit
  465  shall be construed as a limitation on the home rule powers
  466  granted by the State Constitution to for municipalities.
  467         Section 4. Effective July 1, 2010, subsection (5) is added
  468  to section 212.05, Florida Statutes, to read:
  469         212.05 Sales, storage, use tax.—It is hereby declared to be
  470  the legislative intent that every person is exercising a taxable
  471  privilege who engages in the business of selling tangible
  472  personal property at retail in this state, including the
  473  business of making mail order sales, or who rents or furnishes
  474  any of the things or services taxable under this chapter, or who
  475  stores for use or consumption in this state any item or article
  476  of tangible personal property as defined herein and who leases
  477  or rents such property within the state.
  478         (5) Notwithstanding any other provision of this chapter,
  479  the maximum amount of tax imposed under this chapter and
  480  collected on the sale or use of a boat or aircraft in this state
  481  may not exceed $18,000.
  482         Section 5. Effective July 1, 2010, paragraphs (b) and (g)
  483  of subsection (5) of section 212.08, Florida Statutes, are
  484  amended, paragraph (q) is added to that subsection, and
  485  paragraph (ggg) is added to subsection (7) of that section, to
  486  read:
  487         212.08 Sales, rental, use, consumption, distribution, and
  488  storage tax; specified exemptions.—The sale at retail, the
  489  rental, the use, the consumption, the distribution, and the
  490  storage to be used or consumed in this state of the following
  491  are hereby specifically exempt from the tax imposed by this
  492  chapter.
  493         (5) EXEMPTIONS; ACCOUNT OF USE.—
  494         (b) Machinery and equipment used to increase productive
  495  output.—
  496         1. Industrial machinery and equipment purchased for
  497  exclusive use by a new business in spaceport activities as
  498  defined by s. 212.02 or for use in new businesses that which
  499  manufacture, process, compound, or produce for sale items of
  500  tangible personal property at fixed locations are exempt from
  501  the tax imposed by this chapter upon an affirmative showing by
  502  the taxpayer to the satisfaction of the department that such
  503  items are used in a new business in this state. Such purchases
  504  must be made prior to the date the business first begins its
  505  productive operations, and delivery of the purchased item must
  506  be made within 12 months after of that date.
  507         2. Industrial machinery and equipment purchased for
  508  exclusive use by an expanding facility which is engaged in
  509  spaceport activities as defined by s. 212.02 or for use in
  510  expanding manufacturing facilities or plant units which
  511  manufacture, process, compound, or produce for sale items of
  512  tangible personal property at fixed locations in this state are
  513  exempt from any amount of tax imposed by this chapter upon an
  514  affirmative showing by the taxpayer to the satisfaction of the
  515  department that such items are used to increase the productive
  516  output of such expanded facility or business by not less than 10
  517  percent.
  518         3.Beginning July 1, 2010, and ending June 30, 2011, and
  519  beginning July 1, 2011, and ending June 30, 2012, that portion
  520  of the total amount of a taxpayer’s purchases of industrial
  521  machinery and equipment for the exclusive use by a facility that
  522  is engaged in spaceport activities, or for use in manufacturing
  523  facilities or plant units that manufacture, process, compound,
  524  or produce for sale items of tangible personal property at fixed
  525  locations in this state, which exceeds the total amount incurred
  526  for all industrial machinery and equipment purchased and placed
  527  into service by the taxpayer in its tax year that began in 2008
  528  is exempt from the tax imposed by this chapter to the extent
  529  that the taxpayer demonstrates to the satisfaction of the
  530  department the actual costs incurred to purchase the items and
  531  that the items have been located and placed into service in this
  532  state. The taxpayer’s 2008 tax year shall be the baseline year
  533  for future computations of the tax exemption as long as the
  534  exemption exists.
  535         4.3.a. To receive an exemption provided by this paragraph
  536  subparagraph 1. or subparagraph 2., a qualifying business entity
  537  shall apply to the department for a temporary tax exemption
  538  permit. The application shall state that a new business
  539  exemption or expanded business exemption is being sought. Upon a
  540  tentative affirmative determination by the department pursuant
  541  to subparagraph 1., or subparagraph 2., or subparagraph 3., the
  542  department shall issue such permit.
  543         b. The applicant shall be required to maintain all
  544  necessary books and records to support the exemption. Upon
  545  completion of purchases of qualified machinery and equipment
  546  pursuant to subparagraph 1., or subparagraph 2., or subparagraph
  547  3., the temporary tax permit shall be delivered to the
  548  department or returned to the department by certified or
  549  registered mail.
  550         c. If, in a subsequent audit conducted by the department,
  551  it is determined that the machinery and equipment purchased as
  552  exempt under subparagraph 1., or subparagraph 2., or
  553  subparagraph 3. did not meet the criteria mandated by this
  554  paragraph or if commencement of production did not occur, the
  555  amount of taxes exempted at the time of purchase shall
  556  immediately be due and payable to the department by the business
  557  entity, together with the appropriate interest and penalty,
  558  computed from the date of purchase, in the manner prescribed by
  559  this chapter.
  560         d. If In the event a qualifying business entity fails to
  561  apply for a temporary exemption permit or if the tentative
  562  determination by the department required to obtain a temporary
  563  exemption permit is negative, a qualifying business entity shall
  564  receive an the exemption provided in this paragraph subparagraph
  565  1. or subparagraph 2. through a refund of previously paid taxes.
  566  No refund may be made for such taxes unless the criteria
  567  mandated by subparagraph 1., or subparagraph 2., or subparagraph
  568  3. have been met and commencement of production has occurred.
  569         e.The exemption provided by subparagraph 3. applies to the
  570  taxpayer only through a refund of previously paid taxes. The
  571  taxpayer must submit a refund application to the Department of
  572  Revenue within 12 months after the last day of the 12-month
  573  period during which the machinery and equipment qualifies for
  574  the exemption under this subparagraph. The refund shall be paid
  575  to the taxpayer from the General Revenue Fund.
  576         5.4. The department shall adopt rules governing
  577  applications for, issuance of, and the form of temporary tax
  578  exemption permits; provisions for recapture of taxes; and the
  579  manner and form of refund applications, and may establish
  580  guidelines as to the requisites for an affirmative showing of
  581  increased productive output, commencement of production, and
  582  qualification for exemption.
  583         6.5. The exemptions provided in this paragraph
  584  subparagraphs 1. and 2. do not apply to machinery or equipment
  585  purchased or used by electric utility companies, communications
  586  companies, oil or gas exploration or production operations,
  587  publishing firms that do not export at least 50 percent of their
  588  finished product out of the state, any firm subject to
  589  regulation by the Division of Hotels and Restaurants of the
  590  Department of Business and Professional Regulation, or any firm
  591  that which does not manufacture, process, compound, or produce
  592  for sale items of tangible personal property or that which does
  593  not use such machinery and equipment in spaceport activities as
  594  required by this paragraph. The exemptions provided in this
  595  paragraph subparagraphs 1. and 2. shall apply to machinery and
  596  equipment purchased for use in phosphate or other solid minerals
  597  severance, mining, or processing operations.
  598         7.6. For the purposes of the exemptions provided in this
  599  paragraph, the term subparagraphs 1.and 2., these terms have the
  600  following meanings:
  601         a. “Industrial machinery and equipment” means tangible
  602  personal property or other property that has a depreciable life
  603  of 3 years or more and that is used as an integral part in the
  604  manufacturing, processing, compounding, or production of
  605  tangible personal property for sale or is exclusively used in
  606  spaceport activities. A building and its structural components
  607  are not industrial machinery and equipment unless the building
  608  or structural component is so closely related to the industrial
  609  machinery and equipment that it houses or supports that the
  610  building or structural component can be expected to be replaced
  611  when the machinery and equipment are replaced. Heating and air
  612  conditioning systems are not industrial machinery and equipment
  613  unless the sole justification for their installation is to meet
  614  the requirements of the production process, even though the
  615  system may provide incidental comfort to employees or serve, to
  616  an insubstantial degree, nonproduction activities. The term
  617  includes parts and accessories only to the extent that the
  618  exemption thereof is consistent with the provisions of this
  619  paragraph.
  620         b. “Productive output” means the number of units actually
  621  produced by a single plant or operation in a single continuous
  622  12-month period, irrespective of sales. Increases in productive
  623  output shall be measured by the output for 12 continuous months
  624  immediately following the completion of installation of such
  625  machinery or equipment over the output for the 12 continuous
  626  months immediately preceding such installation. However, if a
  627  different 12-month continuous period of time would more
  628  accurately reflect the increase in productive output of
  629  machinery and equipment purchased to facilitate an expansion,
  630  the increase in productive output may be measured during that
  631  12-month continuous period of time if such time period is
  632  mutually agreed upon by the Department of Revenue and the
  633  expanding business prior to the commencement of production;
  634  provided, however, in no case may such time period begin later
  635  than 2 years following the completion of installation of the new
  636  machinery and equipment. The units used to measure productive
  637  output shall be physically comparable between the two periods,
  638  irrespective of sales.
  639         (g) Building materials used in the rehabilitation of real
  640  property located in an enterprise zone.—
  641         1. Building materials used in the rehabilitation of real
  642  property located in an enterprise zone are shall be exempt from
  643  the tax imposed by this chapter upon an affirmative showing to
  644  the satisfaction of the department that the items have been used
  645  for the rehabilitation of real property located in an enterprise
  646  zone. Except as provided in subparagraph 2., this exemption
  647  inures to the owner, lessee, or lessor of the rehabilitated real
  648  property located in an enterprise zone only through a refund of
  649  previously paid taxes. To receive a refund pursuant to this
  650  paragraph, the owner, lessee, or lessor of the rehabilitated
  651  real property located in an enterprise zone must file an
  652  application under oath with the governing body or enterprise
  653  zone development agency having jurisdiction over the enterprise
  654  zone where the business is located, as applicable, which
  655  includes:
  656         a. The name and address of the person claiming the refund.
  657         b. An address and assessment roll parcel number of the
  658  rehabilitated real property in an enterprise zone for which a
  659  refund of previously paid taxes is being sought.
  660         c. A description of the improvements made to accomplish the
  661  rehabilitation of the real property.
  662         d. A copy of the building permit issued for the
  663  rehabilitation of the real property.
  664         e. A sworn statement, under the penalty of perjury, from
  665  the general contractor licensed in this state with whom the
  666  applicant contracted to make the improvements necessary to
  667  accomplish the rehabilitation of the real property, which
  668  statement lists the building materials used in the
  669  rehabilitation of the real property, the actual cost of the
  670  building materials, and the amount of sales tax paid in this
  671  state on the building materials. If In the event that a general
  672  contractor has not been used, the applicant shall provide this
  673  information in a sworn statement, under the penalty of perjury.
  674  Copies of the invoices that which evidence the purchase of the
  675  building materials used in such rehabilitation and the payment
  676  of sales tax on the building materials shall be attached to the
  677  sworn statement provided by the general contractor or by the
  678  applicant. Unless the actual cost of building materials used in
  679  the rehabilitation of real property and the payment of sales
  680  taxes due thereon is documented by a general contractor or by
  681  the applicant in this manner, the cost of such building
  682  materials shall be an amount equal to 40 percent of the increase
  683  in assessed value for ad valorem tax purposes.
  684         f. The identifying number assigned pursuant to s. 290.0065
  685  to the enterprise zone in which the rehabilitated real property
  686  is located.
  687         g. A certification by the local building code inspector
  688  that the improvements necessary to accomplish the rehabilitation
  689  of the real property are substantially completed.
  690         h. Whether the business is a small business as defined by
  691  s. 288.703(1).
  692         i. If applicable, the name and address of each permanent
  693  employee of the business, including, for each employee who is a
  694  resident of an enterprise zone, the identifying number assigned
  695  pursuant to s. 290.0065 to the enterprise zone in which the
  696  employee resides.
  697         2. This exemption inures to a municipality city, county,
  698  other governmental agency, or nonprofit community-based
  699  organization through a refund of previously paid taxes if the
  700  building materials used in the rehabilitation of real property
  701  located in an enterprise zone are paid for from the funds of a
  702  community development block grant, State Housing Initiatives
  703  Partnership Program, or similar grant or loan program. To
  704  receive a refund pursuant to this paragraph, a municipality
  705  city, county, other governmental agency, or nonprofit community
  706  based organization must file an application that which includes
  707  the same information required to be provided in subparagraph 1.
  708  by an owner, lessee, or lessor of rehabilitated real property.
  709  In addition, the application must include a sworn statement
  710  signed by the chief executive officer of the municipality city,
  711  county, other governmental agency, or nonprofit community-based
  712  organization seeking a refund which states that the building
  713  materials for which a refund is sought were paid for from the
  714  funds of a community development block grant, State Housing
  715  Initiatives Partnership Program, or similar grant or loan
  716  program.
  717         3. Within 10 working days after receipt of an application,
  718  the governing body or enterprise zone development agency shall
  719  review the application to determine if it contains all the
  720  information required pursuant to subparagraph 1. or subparagraph
  721  2. and meets the criteria set out in this paragraph. The
  722  governing body or agency shall certify all applications that
  723  contain the information required pursuant to subparagraph 1. or
  724  subparagraph 2. and that meet the criteria set out in this
  725  paragraph as eligible to receive a refund. If applicable, the
  726  governing body or agency shall also certify if 20 percent of the
  727  employees of the business are residents of an enterprise zone,
  728  excluding temporary and part-time employees. The certification
  729  shall be in writing, and a copy of the certification shall be
  730  transmitted to the executive director of the department of
  731  Revenue. The applicant is shall be responsible for forwarding a
  732  certified application to the department within the time
  733  specified in subparagraph 4.
  734         4. An application for a refund pursuant to this paragraph
  735  must be submitted to the department within 6 months after the
  736  rehabilitation of the property is deemed to be substantially
  737  completed by the local building code inspector or by September 1
  738  after the rehabilitated property is first subject to assessment.
  739         5. Not more than one exemption through a refund of
  740  previously paid taxes for the rehabilitation of real property
  741  shall be permitted for any single parcel of property unless
  742  there is a change in ownership, a new lessor, or a new lessee of
  743  the real property. No refund shall be granted pursuant to this
  744  paragraph unless the amount to be refunded exceeds $500. No
  745  refund granted pursuant to this paragraph shall exceed the
  746  lesser of 97 percent of the Florida sales or use tax paid on the
  747  cost of the building materials used in the rehabilitation of the
  748  real property as determined pursuant to sub-subparagraph 1.e. or
  749  $5,000, or, if no less than 20 percent of the employees of the
  750  business are residents of an enterprise zone, excluding
  751  temporary and part-time employees, the amount of refund granted
  752  pursuant to this paragraph may shall not exceed the lesser of 97
  753  percent of the sales tax paid on the cost of such building
  754  materials or $10,000. A refund approved pursuant to this
  755  paragraph shall be made within 30 days after of formal approval
  756  by the department of the application for the refund. This
  757  subparagraph applies shall apply retroactively to July 1, 2005.
  758         6. The department shall adopt rules governing the manner
  759  and form of refund applications and may establish guidelines as
  760  to the requisites for an affirmative showing of qualification
  761  for exemption under this paragraph.
  762         7. The department shall deduct an amount equal to 10
  763  percent of each refund granted under the provisions of this
  764  paragraph from the amount transferred into the Local Government
  765  Half-cent Sales Tax Clearing Trust Fund pursuant to s. 212.20
  766  for the county area in which the rehabilitated real property is
  767  located and shall transfer that amount to the General Revenue
  768  Fund.
  769         8. For the purposes of the exemption provided in this
  770  paragraph, the term:
  771         a. “Building materials” means tangible personal property
  772  that which becomes a component part of improvements to real
  773  property.
  774         b. “Real property” has the same meaning as provided in s.
  775  192.001(12), except that the term does not include a condominium
  776  parcel or condominium property as defined in s. 718.103.
  777         c. “Rehabilitation of real property” means the
  778  reconstruction, renovation, restoration, rehabilitation,
  779  construction, or expansion of improvements to real property.
  780         d. “Substantially completed” has the same meaning as
  781  provided in s. 192.042(1).
  782         9. This paragraph expires on the date specified in s.
  783  290.016 for the expiration of the Florida Enterprise Zone Act.
  784         (q)Entertainment industry tax credit; authorization;
  785  eligibility for credits.The credit against sales tax authorized
  786  pursuant to s. 288.1254 is available to the holder of a
  787  certificate only through a refund of previously paid taxes. To
  788  receive a refund, a transferee must submit an application for
  789  refund to the Department of Revenue within 12 months after
  790  receipt of the transferred credit. Refunds shall be paid from
  791  the General Revenue Fund. If the credit for the qualified
  792  expenditures is larger than the amount owed on the sales and use
  793  tax return on which the credit may be claimed, the unused amount
  794  of the credit may be carried forward to a succeeding reporting
  795  period as provided in s. 288.1254(4)(e).
  796         (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
  797  entity by this chapter do not inure to any transaction that is
  798  otherwise taxable under this chapter when payment is made by a
  799  representative or employee of the entity by any means,
  800  including, but not limited to, cash, check, or credit card, even
  801  when that representative or employee is subsequently reimbursed
  802  by the entity. In addition, exemptions provided to any entity by
  803  this subsection do not inure to any transaction that is
  804  otherwise taxable under this chapter unless the entity has
  805  obtained a sales tax exemption certificate from the department
  806  or the entity obtains or provides other documentation as
  807  required by the department. Eligible purchases or leases made
  808  with such a certificate must be in strict compliance with this
  809  subsection and departmental rules, and any person who makes an
  810  exempt purchase with a certificate that is not in strict
  811  compliance with this subsection and the rules is liable for and
  812  shall pay the tax. The department may adopt rules to administer
  813  this subsection.
  814         (ggg)Aircraft temporarily in the state.
  815         1.An aircraft owned by a nonresident is exempt from the
  816  use tax imposed by this chapter if the aircraft enters and
  817  remains in this state for less than a total of 21 days during
  818  the 6-month period after the date of purchase. The temporary use
  819  of the aircraft and subsequent removal from this state may be
  820  proven by invoices for fuel, tie-down, or hangar charges issued
  821  by out-of-state vendors or suppliers or similar documentation
  822  that clearly and specifically identifies the aircraft. The
  823  exemption created by this subparagraph is in addition to the
  824  exemptions provided in subparagraph 2. and s. 212.05(1)(a).
  825         2.An aircraft owned by a nonresident is exempt from the
  826  use tax imposed by this chapter if the aircraft enters or
  827  remains in this state exclusively for the purpose of flight
  828  training, repairs, alterations, refitting, or modification. Such
  829  purposes must be supported by written documentation issued by
  830  in-state vendors or suppliers which clearly and specifically
  831  identifies the aircraft. The exemption created by this
  832  subparagraph is in addition to the exemptions provided in
  833  subparagraph 1. and s. 212.05(1)(a).
  834         Section 6. Effective July 1, 2012, paragraph (b) of
  835  subsection (5) of section 212.08, Florida Statutes, as amended
  836  by this act, is amended to read:
  837         212.08 Sales, rental, use, consumption, distribution, and
  838  storage tax; specified exemptions.—The sale at retail, the
  839  rental, the use, the consumption, the distribution, and the
  840  storage to be used or consumed in this state of the following
  841  are hereby specifically exempt from the tax imposed by this
  842  chapter.
  843         (5) EXEMPTIONS; ACCOUNT OF USE.—
  844         (b) Machinery and equipment used to increase productive
  845  output.—
  846         1. Industrial machinery and equipment purchased for
  847  exclusive use by a new business in spaceport activities as
  848  defined by s. 212.02 or for use in new businesses that
  849  manufacture, process, compound, or produce for sale items of
  850  tangible personal property at fixed locations are exempt from
  851  the tax imposed by this chapter upon an affirmative showing by
  852  the taxpayer to the satisfaction of the department that such
  853  items are used in a new business in this state. Such purchases
  854  must be made prior to the date the business first begins its
  855  productive operations, and delivery of the purchased item must
  856  be made within 12 months after that date.
  857         2. Industrial machinery and equipment purchased for
  858  exclusive use by an expanding facility that is engaged in
  859  spaceport activities as defined by s. 212.02 or for use in
  860  expanding manufacturing facilities or plant units that
  861  manufacture, process, compound, or produce for sale items of
  862  tangible personal property at fixed locations in this state are
  863  exempt from any amount of tax imposed by this chapter upon an
  864  affirmative showing by the taxpayer to the satisfaction of the
  865  department that such items are used to increase the productive
  866  output of such expanded facility or business by at least 10
  867  percent.
  868         3.Beginning July 1, 2010, and ending June 30, 2011, and
  869  beginning July 1, 2011, and ending June 30, 2012, that portion
  870  of the total amount of a taxpayer’s purchases of industrial
  871  machinery and equipment for the exclusive use by a facility that
  872  is engaged in spaceport activities, or for use in manufacturing
  873  facilities or plant units that manufacture, process, compound,
  874  or produce for sale items of tangible personal property at fixed
  875  locations in this state, which exceeds the total amount incurred
  876  for all industrial machinery and equipment purchased and placed
  877  into service by the taxpayer in its tax year that began in 2008
  878  is exempt from the tax imposed by this chapter to the extent
  879  that the taxpayer demonstrates to the satisfaction of the
  880  department the actual costs incurred to purchase the items and
  881  that the items have been located and placed into service in this
  882  state. The taxpayer’s 2008 tax year shall be the baseline year
  883  for future computations of the tax exemption as long as the
  884  exemption exists.
  885         3.4.a. To receive an exemption provided by this paragraph,
  886  a qualifying business entity shall apply to the department for a
  887  temporary tax exemption permit. The application shall state that
  888  a business exemption is being sought. Upon a tentative
  889  affirmative determination by the department pursuant to
  890  subparagraph 1. or, subparagraph 2., or subparagraph 3., the
  891  department shall issue such permit.
  892         b. The applicant shall maintain all necessary books and
  893  records to support the exemption. Upon completion of purchases
  894  of qualified machinery and equipment pursuant to subparagraph 1.
  895  or, subparagraph 2., or subparagraph 3., the temporary tax
  896  permit shall be delivered to the department or returned to the
  897  department by certified or registered mail.
  898         c. If, in a subsequent audit conducted by the department,
  899  it is determined that the machinery and equipment purchased as
  900  exempt under subparagraph 1. or, subparagraph 2., or
  901  subparagraph 3. did not meet the criteria mandated by this
  902  paragraph or if commencement of production did not occur, the
  903  amount of taxes exempted at the time of purchase shall
  904  immediately be due and payable to the department by the business
  905  entity, together with the appropriate interest and penalty,
  906  computed from the date of purchase, in the manner prescribed by
  907  this chapter.
  908         d. If a qualifying business entity fails to apply for a
  909  temporary exemption permit or if the tentative determination by
  910  the department required to obtain a temporary exemption permit
  911  is negative, a qualifying business entity shall receive the an
  912  exemption provided in this paragraph through a refund of
  913  previously paid taxes. No refund may be made for such taxes
  914  unless the criteria mandated by subparagraph 1. or, subparagraph
  915  2., or subparagraph 3. have been met and commencement of
  916  production has occurred.
  917         e.The exemption provided by subparagraph 3. applies to the
  918  taxpayer only through a refund of previously paid taxes. The
  919  taxpayer must submit a refund application to the Department of
  920  Revenue within 12 months after the last day of the 12-month
  921  period during which the machinery and equipment qualifies for
  922  the exemption under this subparagraph. The refund shall be paid
  923  to the taxpayer from the General Revenue Fund.
  924         4.5. The department shall adopt rules governing
  925  applications for, issuance of, and the form of temporary tax
  926  exemption permits; provisions for recapture of taxes; and the
  927  manner and form of refund applications, and may establish
  928  guidelines as to the requisites for an affirmative showing of
  929  increased productive output, commencement of production, and
  930  qualification for exemption.
  931         5.6. The exemptions provided in this paragraph do not apply
  932  to machinery or equipment purchased or used by electric utility
  933  companies, communications companies, oil or gas exploration or
  934  production operations, publishing firms that do not export at
  935  least 50 percent of their finished product out of the state, any
  936  firm subject to regulation by the Division of Hotels and
  937  Restaurants of the Department of Business and Professional
  938  Regulation, or any firm that does not manufacture, process,
  939  compound, or produce for sale items of tangible personal
  940  property or that does not use such machinery and equipment in
  941  spaceport activities as required by this paragraph. The
  942  exemptions provided in this paragraph apply to machinery and
  943  equipment purchased for use in phosphate or other solid minerals
  944  severance, mining, or processing operations.
  945         6.7. For the purposes of the exemptions provided in this
  946  paragraph, the term:
  947         a. “Industrial machinery and equipment” means tangible
  948  personal property or other property that has a depreciable life
  949  of 3 years or more and that is used as an integral part in the
  950  manufacturing, processing, compounding, or production of
  951  tangible personal property for sale or is exclusively used in
  952  spaceport activities. A building and its structural components
  953  are not industrial machinery and equipment unless the building
  954  or structural component is so closely related to the industrial
  955  machinery and equipment that it houses or supports that the
  956  building or structural component can be expected to be replaced
  957  when the machinery and equipment are replaced. Heating and air
  958  conditioning systems are not industrial machinery and equipment
  959  unless the sole justification for their installation is to meet
  960  the requirements of the production process, even though the
  961  system may provide incidental comfort to employees or serve, to
  962  an insubstantial degree, nonproduction activities. The term
  963  includes parts and accessories only to the extent that the
  964  exemption thereof is consistent with the provisions of this
  965  paragraph.
  966         b. “Productive output” means the number of units actually
  967  produced by a single plant or operation in a single continuous
  968  12-month period, irrespective of sales. Increases in productive
  969  output shall be measured by the output for 12 continuous months
  970  immediately following the completion of installation of such
  971  machinery or equipment over the output for the 12 continuous
  972  months immediately preceding such installation. However, if a
  973  different 12-month continuous period of time would more
  974  accurately reflect the increase in productive output of
  975  machinery and equipment purchased to facilitate an expansion,
  976  the increase in productive output may be measured during that
  977  12-month continuous period of time if such time period is
  978  mutually agreed upon by the Department of Revenue and the
  979  expanding business prior to the commencement of production;
  980  however, in no case may such time period begin later than 2
  981  years following the completion of installation of the new
  982  machinery and equipment. The units used to measure productive
  983  output shall be physically comparable between the two periods,
  984  irrespective of sales.
  985         Section 7. Effective July 1, 2010, paragraph (z) is added
  986  to subsection (8) of section 213.053, Florida Statutes, to read:
  987         213.053 Confidentiality and information sharing.—
  988         (8) Notwithstanding any other provision of this section,
  989  the department may provide:
  990         (z) Information relative to tax credits taken under s.
  991  288.1254 to the Office of Film and Entertainment and to the
  992  Office of Tourism, Trade, and Economic Development.
  993  
  994  Disclosure of information under this subsection shall be
  995  pursuant to a written agreement between the executive director
  996  and the agency. Such agencies, governmental or nongovernmental,
  997  shall be bound by the same requirements of confidentiality as
  998  the Department of Revenue. Breach of confidentiality is a
  999  misdemeanor of the first degree, punishable as provided by s.
 1000  775.082 or s. 775.083.
 1001         Section 8. Effective July 1, 2010, subsection (8) of
 1002  section 220.02, Florida Statutes, is amended to read:
 1003         220.02 Legislative intent.—
 1004         (8) It is the intent of the Legislature that credits
 1005  against either the corporate income tax or the franchise tax be
 1006  applied in the following order: those enumerated in s. 631.828,
 1007  those enumerated in s. 220.191, those enumerated in s. 220.181,
 1008  those enumerated in s. 220.183, those enumerated in s. 220.182,
 1009  those enumerated in s. 220.1895, those enumerated in s. 221.02,
 1010  those enumerated in s. 220.184, those enumerated in s. 220.186,
 1011  those enumerated in s. 220.1845, those enumerated in s. 220.19,
 1012  those enumerated in s. 220.185, those enumerated in s. 220.187,
 1013  those enumerated in s. 220.192, those enumerated in s. 220.193,
 1014  and those enumerated in s. 288.9916, and those enumerated in s.
 1015  288.1254, and those enumerated in s. 220.1896.
 1016         Section 9. Effective July 1, 2010, section 220.1896,
 1017  Florida Statutes, is created to read:
 1018         220.1896Jobs for the Unemployed Tax Credit Program.—
 1019         (1)As used in this section, the term:
 1020         (a)“Certified project” means a project proposed by an
 1021  eligible business that has been certified by the Office of
 1022  Tourism, Trade, and Economic Development to receive and use tax
 1023  credits awarded under this incentive.
 1024         (b) “Eligible business” means any target industry business
 1025  as defined in s. 288.106(2) which is subject to the tax imposed
 1026  by this chapter. The eligible business does not have to be
 1027  certified to receive the Qualified Target Industry Tax Refund
 1028  Incentive under s. 288.106 in order to receive the tax credit
 1029  available under this section.
 1030         (c)“Office” means the Office of Tourism, Trade, and
 1031  Economic Development.
 1032         (d) “Qualified employee” means a person:
 1033         1. Who was unemployed and determined to be monetarily
 1034  eligible for unemployment compensation benefits by the Agency
 1035  for Workforce Innovation for a benefit year beginning on or
 1036  after January 1, 2009.
 1037         2. Who was hired by an eligible business on or after July
 1038  1, 2010, and had not previously been employed by the eligible
 1039  business or its parent or an affiliated corporation.
 1040         3.Who performed duties connected to the operations of the
 1041  eligible business on a regular, full-time basis for an average
 1042  of at least 36 hours per week and for at least 12 months before
 1043  an eligible business is awarded a tax credit.
 1044         4.Whose employment by the eligible business has not formed
 1045  the basis for any other claim to a credit pursuant to this
 1046  section.
 1047         (2)A certified business shall receive a $1,000 tax credit
 1048  for each qualified employee, pursuant to limitation in
 1049  subsection (5).
 1050         (3)(a) In order to become a certified business, an eligible
 1051  business must file under oath with the office an application
 1052  that includes:
 1053         1. The name, address and NAICS identifying code of the
 1054  eligible business.
 1055         2. Relevant employment information.
 1056         3. Verification of previous unemployment of each employee
 1057  for whom the eligible business is seeking credits under this
 1058  section.
 1059         4.Verification that the wages paid by the eligible
 1060  business to each of its qualified employees exceeds the wage
 1061  eligibility levels for Medicaid and other public assistance
 1062  programs.
 1063         5. Any other information necessary to process the
 1064  application.
 1065         (b) The notice of monetary determination issued by the
 1066  Agency for Workforce Innovation may be used as evidence of
 1067  previous unemployment under subparagraph (3)(a)3. However,
 1068  before an employee provides the notice of monetary determination
 1069  to the employer, the employee may redact information that the
 1070  employee considers confidential if the information is not
 1071  required by the office to approve the application to certify a
 1072  project.
 1073         (c) The office and Enterprise Florida, Inc., shall process
 1074  applications to certify a business in the order in which the
 1075  applications are received, without regard as to whether the
 1076  applicant is a new or an existing business. The office and
 1077  Enterprise Florida, Inc., shall review and approve or deny an
 1078  application pursuant to s. 288.061.
 1079         (d)1. The office shall submit a copy of the letter of
 1080  certification to the department within 10 days after the office
 1081  issues the letter of certification to the applicant.
 1082         2.If the application of an eligible business is not
 1083  sufficient to certify the applicant business, the office must
 1084  deny the application and issue a notice of denial to the
 1085  applicant.
 1086         3. If the application of an eligible business does not
 1087  contain sufficient documentation of the number of qualified
 1088  employees, the office shall approve the application with respect
 1089  to the employees for whom the office determines are qualified
 1090  employees. The office must deny the application with respect to
 1091  persons for whom the office determines are not qualified
 1092  employees or for whom insufficient documentation has been
 1093  provided. A business may not submit a revised application for
 1094  certification or for the determination of a person as qualified
 1095  employee more than 3 months after the issuance of a notice of
 1096  denial with respect to the business or a particular person as a
 1097  qualified employee.
 1098         (4)The applicant for a tax credit under this section has
 1099  the responsibility to affirmatively demonstrate to the
 1100  satisfaction of the office and the department that the applicant
 1101  and the persons claimed as qualified employees meet the
 1102  requirements of this section.
 1103         (5) The total amount of tax credits under this section
 1104  which may be approved by the office for all applicants is $10
 1105  million, with $5 million available to be awarded in the 2011
 1106  2012 fiscal year and $5 million available to be awarded in the
 1107  2012-2013 fiscal year. The credit may be applied to corporate
 1108  income tax liability due on returns for fiscal years beginning
 1109  July 1, 2011, and July 1, 2012.
 1110         (6) An unused tax credit amount that is granted under this
 1111  section which is not fully used in the first year for which it
 1112  becomes available, may be carried forward to the subsequent tax
 1113  year. The carryover credit may be used in the subsequent year if
 1114  the tax imposed by this chapter for such year exceeds the credit
 1115  for such year under this section after applying the other
 1116  credits and unused credit carryovers in the order provided in s.
 1117  220.02(8).
 1118         (7) A person who fraudulently claims a credit under this
 1119  section is liable for repayment of the credit plus a mandatory
 1120  penalty of 100 percent of the credit. Such person also commits a
 1121  misdemeanor of the second degree, punishable as provided in s.
 1122  775.082 or s. 775.083.
 1123         (8)The office may adopt rules governing the manner and
 1124  form of applications for the tax credit. The office may
 1125  establish guidelines for making an affirmative showing of
 1126  qualification for the tax credit under this section.
 1127         (9)The department may adopt rules to administer this
 1128  section, including rules relating to the creation of forms to
 1129  claim a tax credit and examination and audit procedures required
 1130  to administer this section.
 1131         (10)This section expires June 30, 2012. However, a
 1132  taxpayer that is awarded a tax credit in the second year of the
 1133  program may carry forward any unused credit amount to the
 1134  subsequent tax reporting period. Rules adopted by the department
 1135  to administer this section shall remain valid as long as a
 1136  taxpayer may use a credit against its corporate income tax
 1137  liability.
 1138         Section 10. Effective July 1, 2010, section 220.1899,
 1139  Florida Statutes, is created to read:
 1140         220.1899Entertainment Industry Tax Credit.—
 1141         (1) There shall be a credit allowed against the tax imposed
 1142  by this chapter in the amounts approved by the Office of
 1143  Tourism, Trade, and Economic Development pursuant to the
 1144  entertainment industry financial incentives program in s.
 1145  288.1254.
 1146         (2) A qualified production company, as defined in s.
 1147  288.1254(1)(j), which is awarded a tax credit against its
 1148  qualified expenditures pursuant to s. 288.1254, for expenditures
 1149  made between July 1, 2010, and June 30, 2015, may not claim a
 1150  credit before July 1, 2011, regardless of when such credit is
 1151  awarded.
 1152         (3)To the extent that a credit amount exceeds the amount
 1153  due on a return, the balance of the credit may be carried
 1154  forward to a succeeding reporting period pursuant to s.
 1155  288.1254(4)(e).
 1156         Section 11. Effective July 1, 2010, section 220.191,
 1157  Florida Statutes, is amended to read:
 1158         220.191 Capital investment tax credit.—
 1159         (1) DEFINITIONS.—For purposes of this section:
 1160         (a) “Commencement of operations” means the beginning of
 1161  active operations by a qualifying business of the principal
 1162  function for which a qualifying project was constructed.
 1163         (b) “Cumulative capital investment” means the total capital
 1164  investment in land, buildings, and equipment made in connection
 1165  with a qualifying project during the period from the beginning
 1166  of construction of the project to the commencement of
 1167  operations.
 1168         (c) “Eligible capital costs” means all expenses incurred by
 1169  a qualifying business in connection with the acquisition,
 1170  construction, installation, and equipping of a qualifying
 1171  project during the period from the beginning of construction of
 1172  the project to the commencement of operations, including, but
 1173  not limited to:
 1174         1. The costs of acquiring, constructing, installing,
 1175  equipping, and financing a qualifying project, including all
 1176  obligations incurred for labor and obligations to contractors,
 1177  subcontractors, builders, and materialmen.
 1178         2. The costs of acquiring land or rights to land and any
 1179  cost incidental thereto, including recording fees.
 1180         3. The costs of architectural and engineering services,
 1181  including test borings, surveys, estimates, plans and
 1182  specifications, preliminary investigations, environmental
 1183  mitigation, and supervision of construction, as well as the
 1184  performance of all duties required by or consequent to the
 1185  acquisition, construction, installation, and equipping of a
 1186  qualifying project.
 1187         4. The costs associated with the installation of fixtures
 1188  and equipment; surveys, including archaeological and
 1189  environmental surveys; site tests and inspections; subsurface
 1190  site work and excavation; removal of structures, roadways, and
 1191  other surface obstructions; filling, grading, paving, and
 1192  provisions for drainage, storm water retention, and installation
 1193  of utilities, including water, sewer, sewage treatment, gas,
 1194  electricity, communications, and similar facilities; and offsite
 1195  construction of utility extensions to the boundaries of the
 1196  property.
 1197  
 1198  Eligible capital costs shall not include the cost of any
 1199  property previously owned or leased by the qualifying business.
 1200         (d) “Income generated by or arising out of the qualifying
 1201  project” means the qualifying project’s annual taxable income as
 1202  determined by generally accepted accounting principles and under
 1203  s. 220.13.
 1204         (e) “Jobs” means full-time equivalent positions, as that
 1205  term is consistent with terms used by the Agency for Workforce
 1206  Innovation and the United States Department of Labor for
 1207  purposes of unemployment tax administration and employment
 1208  estimation, resulting directly from a project in this state. The
 1209  term does not include temporary construction jobs involved in
 1210  the construction of the project facility.
 1211         (f) “Office” means the Office of Tourism, Trade, and
 1212  Economic Development.
 1213         (g) “Qualifying business” means a business that is
 1214  designated as a qualified target industry business pursuant to
 1215  s. 288.106(2)(t), which establishes a qualifying project in this
 1216  state, and which is certified by the office to receive tax
 1217  credits pursuant to this section.
 1218         (h) “Qualifying project” means:
 1219         1. A new or expanding facility in this state which creates
 1220  at least 50 100 new jobs in this state, pays an annual average
 1221  wage of at least 130 percent of the average private sector wage
 1222  as defined in s. 288.106(2), makes a cumulative capital
 1223  investment of at least $25 million in this state, and is a
 1224  qualified target industry business pursuant to s. 288.106(2)(t)
 1225  in one of the high-impact sectors identified by Enterprise
 1226  Florida, Inc., and certified by the office pursuant to s.
 1227  288.108(6), including, but not limited to, aviation, aerospace,
 1228  automotive, and silicon technology industries; or
 1229         2.A new or expanded facility in this state which is
 1230  engaged in a target industry designated pursuant to the
 1231  procedure specified in s. 288.106(1)(o) and which is induced by
 1232  this credit to create or retain at least 1,000 jobs in this
 1233  state, provided that at least 100 of those jobs are new, pay an
 1234  annual average wage of at least 130 percent of the average
 1235  private sector wage in the area as defined in s. 288.106(1), and
 1236  make a cumulative capital investment of at least $100 million
 1237  after July 1, 2005. Jobs may be considered retained only if
 1238  there is significant evidence that the loss of jobs is imminent.
 1239  Notwithstanding subsection (2), annual credits against the tax
 1240  imposed by this chapter shall not exceed 50 percent of the
 1241  increased annual corporate income tax liability or the premium
 1242  tax liability generated by or arising out of a project
 1243  qualifying under this subparagraph. A facility that qualifies
 1244  under this subparagraph for an annual credit against the tax
 1245  imposed by this chapter may take the tax credit for a period not
 1246  to exceed 5 years; or
 1247         2.3. A new or expanded headquarters facility in this state
 1248  which locates in an enterprise zone and brownfield area and is
 1249  induced by this credit to create at least 1,500 jobs that which
 1250  on average pay at least 200 percent of the statewide average
 1251  annual private sector wage, as published by the Agency for
 1252  Workforce Innovation or its successor, and which new or expanded
 1253  headquarters facility makes a cumulative capital investment in
 1254  this state of at least $250 million.
 1255         (2)(a) On or after July 1, 2010, a qualifying business that
 1256  enters into an agreement with the office for a qualifying
 1257  project shall receive an annual credit against the tax imposed
 1258  by this chapter shall be granted to any qualifying business in
 1259  an amount equal to a diminishing percentage 5 percent of the
 1260  eligible capital costs generated by a qualifying project during
 1261  a 10-year, for a period not to exceed 20 years beginning with
 1262  the commencement of operations of the project. The credit shall
 1263  be awarded as follows: 15 percent of the eligible capital costs
 1264  in each of the years 1 through 3; 10 percent in each of the
 1265  years 4 through 7; and 5 percent each year in years 8 through
 1266  10. An agreement for a qualifying project between a qualifying
 1267  business and the office which was entered into before July 1,
 1268  2010, is subject to the law in effect when the agreement was
 1269  executed. Unless assigned as described in this subsection, the
 1270  tax credit shall be granted against only the corporate income
 1271  tax liability or the premium tax liability generated by or
 1272  arising out of the qualifying project, and the sum of all tax
 1273  credits provided pursuant to this section may shall not exceed
 1274  100 percent of the eligible capital costs of the project. In no
 1275  event may any credit granted under this section be carried
 1276  forward or backward by any qualifying business with respect to a
 1277  subsequent or prior year. The annual tax credit granted under
 1278  this section may shall not exceed the following percentages of
 1279  the annual corporate income tax liability or the premium tax
 1280  liability generated by or arising out of a qualifying project:
 1281         1. One hundred percent for a qualifying project which
 1282  results in a cumulative capital investment of at least $100
 1283  million.
 1284         2. Seventy-five percent for a qualifying project which
 1285  results in a cumulative capital investment of at least $50
 1286  million but less than $100 million.
 1287         3. Fifty percent for a qualifying project which results in
 1288  a cumulative capital investment of at least $25 million but less
 1289  than $50 million.
 1290         (b) A qualifying project that which results in a cumulative
 1291  capital investment of less than $25 million is not eligible for
 1292  the capital investment tax credit. However, an insurance company
 1293  claiming a credit against premium tax liability under this
 1294  program is shall not be required to pay any additional
 1295  retaliatory tax levied pursuant to s. 624.5091 as a result of
 1296  claiming such credit. Because credits under this section are
 1297  available to an insurance company, s. 624.5091 does not limit
 1298  such credit in any manner.
 1299         (c) A qualifying business that establishes a qualifying
 1300  project that includes locating a new solar panel manufacturing
 1301  facility in this state which that generates a minimum of 400
 1302  jobs within 6 months after commencement of operations with an
 1303  average salary of at least $50,000 may assign or transfer the
 1304  annual credit, or any portion thereof, granted under this
 1305  section to any other business. However, the amount of the tax
 1306  credit that may be transferred in any year shall be the lesser
 1307  of the qualifying business’s state corporate income tax
 1308  liability for that year, as limited by the percentages
 1309  applicable under paragraph (a) and as calculated prior to taking
 1310  any credit pursuant to this section, or the credit amount
 1311  granted for that year. A business receiving the transferred or
 1312  assigned credits may use the credits only in the year received,
 1313  and the credits may not be carried forward or backward. To
 1314  perfect the transfer, the transferor shall provide the
 1315  department with a written transfer statement notifying the
 1316  department of the transferor’s intent to transfer the tax
 1317  credits to the transferee; the date the transfer is effective;
 1318  the transferee’s name, address, and federal taxpayer
 1319  identification number; the tax period; and the amount of tax
 1320  credits to be transferred. The department shall, upon receipt of
 1321  a transfer statement conforming to the requirements of this
 1322  paragraph, provide the transferee with a certificate reflecting
 1323  the tax credit amounts transferred. A copy of the certificate
 1324  must be attached to each tax return for which the transferee
 1325  seeks to apply such tax credits.
 1326         (3)(a) Notwithstanding subsection (2), an annual credit
 1327  against the tax imposed by this chapter shall be granted to a
 1328  qualifying business that which establishes a qualifying project
 1329  pursuant to subparagraph (1)(h)2. (1)(h)3., in an amount equal
 1330  to the lesser of $15 million or 5 percent of the eligible
 1331  capital costs made in connection with a qualifying project, for
 1332  a period not to exceed 20 years beginning with the commencement
 1333  of operations of the project. The tax credit shall be granted
 1334  against the corporate income tax liability of the qualifying
 1335  business and as further provided in paragraph (c). The total tax
 1336  credit provided pursuant to this subsection shall be equal to no
 1337  more than 100 percent of the eligible capital costs of the
 1338  qualifying project.
 1339         (b) If the credit granted under this subsection is not
 1340  fully used in any one year because of insufficient tax liability
 1341  on the part of the qualifying business, the unused amount may be
 1342  carried forward for a period not to exceed 20 years after the
 1343  commencement of operations of the project. The carryover credit
 1344  may be used in a subsequent year when the tax imposed by this
 1345  chapter for that year exceeds the credit for which the
 1346  qualifying business is eligible in that year under this
 1347  subsection after applying the other credits and unused
 1348  carryovers in the order provided by s. 220.02(8).
 1349         (c) The credit granted under this subsection may be used in
 1350  whole or in part by the qualifying business or any corporation
 1351  that is either a member of that qualifying business’s affiliated
 1352  group of corporations, is a related entity taxable as a
 1353  cooperative under subchapter T of the Internal Revenue Code, or,
 1354  if the qualifying business is an entity taxable as a cooperative
 1355  under subchapter T of the Internal Revenue Code, is related to
 1356  the qualifying business. Any entity related to the qualifying
 1357  business may continue to file as a member of a Florida-nexus
 1358  consolidated group pursuant to a prior election made under s.
 1359  220.131(1), Florida Statutes (1985), even if the parent of the
 1360  group changes due to a direct or indirect acquisition of the
 1361  former common parent of the group. Any credit may can be used by
 1362  any of the affiliated companies or related entities referenced
 1363  in this paragraph to the same extent as it could have been used
 1364  by the qualifying business. However, any such use does shall not
 1365  operate to increase the amount of the credit or extend the
 1366  period within which the credit must be used.
 1367         (4) Prior to receiving tax credits pursuant to this
 1368  section, a qualifying business must achieve and maintain the
 1369  minimum employment goals beginning with the commencement of
 1370  operations at a qualifying project and continuing each year
 1371  thereafter during which tax credits are available pursuant to
 1372  this section. However, the office may approve a prorated tax
 1373  credit amount for a qualifying business that enters into an
 1374  agreement with the office on or after July 1, 2010, has
 1375  satisfied the capital investment and average wage requirements
 1376  but that has not met the employment requirements because of
 1377  market conditions. The prorated tax refund shall be calculated
 1378  by multiplying the tax refund amount for which the qualifying
 1379  business would have been eligible if all applicable requirements
 1380  had been satisfied by the percentage of the average employment
 1381  specified in the tax refund agreement which was actually
 1382  achieved.
 1383         (5) Applications shall be reviewed and certified pursuant
 1384  to s. 288.061. The office, upon a recommendation by Enterprise
 1385  Florida, Inc., shall first certify a business as eligible to
 1386  receive tax credits pursuant to this section prior to the
 1387  commencement of operations of a qualifying project, and such
 1388  certification shall be transmitted to the Department of Revenue.
 1389  Upon receipt of the certification, the Department of Revenue
 1390  shall enter into a written agreement with the qualifying
 1391  business specifying, at a minimum, the method by which income
 1392  generated by or arising out of the qualifying project will be
 1393  determined.
 1394         (6) The office, in consultation with Enterprise Florida,
 1395  Inc., may is authorized to develop the necessary guidelines and
 1396  application materials for the certification process described in
 1397  subsection(5).
 1398         (7) It shall be the responsibility of The qualifying
 1399  business has the responsibility to affirmatively demonstrate to
 1400  the satisfaction of the department and the office of Revenue
 1401  that such business meets the job creation and capital investment
 1402  requirements of this section.
 1403         (8) The department of Revenue may specify by rule the
 1404  methods by which a qualifying project’s pro forma annual taxable
 1405  income is determined.
 1406         (9) A business that receives a tax credit pursuant to this
 1407  section is not eligible for a tax refund under the tax refund
 1408  program for qualified target industry businesses, s. 288.106.
 1409         Section 12. Effective July 1, 2010, paragraph (a) of
 1410  subsection (3) of section 288.095, Florida Statutes, is amended
 1411  to read:
 1412         288.095 Economic Development Trust Fund.—
 1413         (3)(a) The Office of Tourism, Trade, and Economic
 1414  Development may approve applications for certification pursuant
 1415  to ss. 288.1045(3) and 288.106. However, the total state share
 1416  of tax refund payments scheduled in all active certifications
 1417  for fiscal year 2001-2002 may not exceed $30 million. The total
 1418  state share of tax refund payments for active certifications for
 1419  each subsequent fiscal year may not exceed $100 $35 million.
 1420         Section 13. Effective July 1, 2010, section 288.106,
 1421  Florida Statutes, is reordered and amended to read:
 1422         288.106 Tax refund program for qualified target industry
 1423  businesses.—
 1424         (1) LEGISLATIVE FINDINGS AND DECLARATIONS.—The Legislature
 1425  finds that retaining and expanding existing businesses in
 1426  Florida, encouraging the creation of new businesses in Florida,
 1427  attracting new businesses from out of state, and generally
 1428  providing conditions favorable for the growth of target
 1429  industries creates high-quality, high-wage employment
 1430  opportunities for the citizens of this state and strengthens
 1431  Florida’s economic foundation. The Legislature also finds that
 1432  incentives that are narrowly focused in application and scope
 1433  tend to be more effective at achieving the state’s economic
 1434  development goals. Further, the Legislature finds that higher
 1435  wage jobs reduce the state’s share of hidden costs such as
 1436  public assistance and subsidized health care associated with
 1437  low-wage jobs. Therefore, the Legislature declares that it is
 1438  the policy of this state to encourage the growth of higher-wage
 1439  jobs and a diverse economic base by providing state tax refunds
 1440  to qualified target industry businesses that originate or expand
 1441  in this state or that relocate to this state.
 1442         (2)(1) DEFINITIONS.—As used in this section:
 1443         (a) “Account” means the Economic Development Incentives
 1444  Account within the Economic Development Trust Fund established
 1445  under s. 288.095.
 1446         (c)(b) “Average area private sector wage in the area” means
 1447  the statewide private sector average wage, or the average of all
 1448  private sector wages and salaries in the county, or the average
 1449  of all private sector wages and salaries in the standard
 1450  metropolitan area, as determined by the governing body of the
 1451  county or municipality in which the business will be is located.
 1452         (d)(c) “Business” means an employing unit, as defined in s.
 1453  443.036, which is registered for unemployment compensation
 1454  purposes with the state agency providing unemployment tax
 1455  collection services under contract with the Agency for Workforce
 1456  Innovation through an interagency agreement pursuant to s.
 1457  443.1316, or a subcategory or division of an employing unit
 1458  which is accepted by the state agency providing unemployment tax
 1459  collection services as a reporting unit.
 1460         (e)(d) “Corporate headquarters business” means an
 1461  international, national, or regional headquarters office of a
 1462  multinational or multistate business enterprise or national
 1463  trade association, whether separate from or connected with other
 1464  facilities used by such business.
 1465         (n)(e) “Office” means the Office of Tourism, Trade, and
 1466  Economic Development.
 1467         (g)(f) “Enterprise zone” means an area designated as an
 1468  enterprise zone pursuant to s. 290.0065.
 1469         (h)(g) “Expansion of an existing business” means the
 1470  expansion of an existing Florida business by or through
 1471  additions to real and personal property, resulting in a net
 1472  increase in employment of not less than 10 percent at such
 1473  business.
 1474         (i)(h) “Fiscal year” means the fiscal year of the state.
 1475         (j)(i) “Jobs” means full-time equivalent positions, as that
 1476  term is consistent with terms used by the Agency for Workforce
 1477  Innovation and the United States Department of Labor for
 1478  purposes of unemployment compensation tax administration and
 1479  employment estimation, resulting directly from a project in this
 1480  state. The term does not include temporary construction jobs
 1481  involved with the construction of facilities for the project or
 1482  any jobs previously included in any application for tax refunds
 1483  under s. 288.1045 or this section.
 1484         (k)(j) “Local financial support” means funding from local
 1485  sources, public or private, which is paid to the Economic
 1486  Development Trust Fund and which is equal to 20 percent of the
 1487  annual tax refund for a qualified target industry business. A
 1488  qualified target industry business may not provide, directly or
 1489  indirectly, more than 5 percent of such funding in any fiscal
 1490  year. The sources of such funding may not include, directly or
 1491  indirectly, state funds appropriated from the General Revenue
 1492  Fund or any state trust fund, excluding tax revenues shared with
 1493  local governments pursuant to law.
 1494         (l)(k) “Local financial support exemption option” means the
 1495  option to exercise an exemption from the local financial support
 1496  requirement available to any applicant whose project is located
 1497  in a brownfield area or a rural community county with a
 1498  population of 75,000 or fewer or a county with a population of
 1499  125,000 or fewer which is contiguous to a county with a
 1500  population of 75,000 or fewer. Any applicant that exercises this
 1501  option is shall not be eligible for more than 80 percent of the
 1502  total tax refunds allowed such applicant under this section.
 1503         (m)(l) “New business” means a business that applies for the
 1504  qualified target industry refund program before beginning
 1505  operations which heretofore did not exist in this state and will
 1506  begin, first beginning operations on a site that was not used
 1507  for the operations of a related entity within the 48 months
 1508  before the submission of the application located in this state
 1509  and clearly separate from any other commercial or industrial
 1510  operations owned by the same business.
 1511         (o)(m) “Project” means the creation of a new business or
 1512  expansion of an existing business.
 1513         (f)(n) “Director” means the Director of the Office of
 1514  Tourism, Trade, and Economic Development.
 1515         (t)(o) “Target industry business” means a corporate
 1516  headquarters business or any business that is engaged in one of
 1517  the target industries identified pursuant to the following
 1518  criteria developed by the office in consultation with Enterprise
 1519  Florida, Inc.:
 1520         1. Future growth.—Industry forecasts should indicate strong
 1521  expectation for future growth in both employment and output,
 1522  according to the most recent available data. Preference Special
 1523  consideration should be given to businesses that export goods or
 1524  services Florida’s growing access to international markets or to
 1525  businesses that replace domestic and international replacing
 1526  imports of goods or services.
 1527         2. Stability.—The industry should not be subject to
 1528  periodic layoffs, whether due to seasonality or sensitivity to
 1529  volatile economic variables such as weather. The industry should
 1530  also be relatively resistant to recession, so that the demand
 1531  for products of this industry is not typically necessarily
 1532  subject to decline during an economic downturn.
 1533         3. High wage.—The industry should pay higher relatively
 1534  high wages compared to statewide or area averages.
 1535         4. Market and resource independent.—The location of
 1536  industry businesses should not be dependent on Florida markets
 1537  or resources as indicated by industry analysis, with the
 1538  exception of businesses in the renewable-energy industry.
 1539  Special consideration should be given to the development of
 1540  strong industrial clusters which include defense and homeland
 1541  security businesses.
 1542         5. Industrial base diversification and strengthening.—The
 1543  industry should contribute toward expanding or diversifying the
 1544  state’s or area’s economic base, as indicated by analysis of
 1545  employment and output shares compared to national and regional
 1546  trends. Preference Special consideration should be given to
 1547  industries that strengthen regional economies by adding value to
 1548  basic products or building regional industrial clusters as
 1549  indicated by industry analysis. Additionally, preference should
 1550  be given to the development of strong industrial clusters that
 1551  include defense and homeland security businesses.
 1552         6. Economic benefits.—The industry is expected to should
 1553  have strong positive impacts on or benefits to the state or and
 1554  regional economies.
 1555  
 1556  The office, in consultation with Enterprise Florida, Inc., shall
 1557  develop a list of such target industries annually and submit
 1558  such list as part of the final agency legislative budget request
 1559  submitted pursuant to s. 216.023(1). A target industry business
 1560  may not include any industry engaged in retail activities; any
 1561  electrical utility company; any phosphate or other solid
 1562  minerals severance, mining, or processing operation; any oil or
 1563  gas exploration or production operation; or any business firm
 1564  subject to regulation by the Division of Hotels and Restaurants
 1565  of the Department of Business and Professional Regulation; or
 1566  any business within NAICS code 56, administrative support
 1567  services, including call centers and customer account service
 1568  centers.
 1569         (u)(p) “Taxable year” means taxable year as defined in s.
 1570  220.03(1)(y).
 1571         (p)(q) “Qualified target industry business” means a target
 1572  industry business that has been approved by the director to be
 1573  eligible for tax refunds pursuant to this section.
 1574         (q) “Return on investment” means the gain in state revenues
 1575  as a percentage of the state’s investment. The state’s
 1576  investment includes state grants, tax exemptions, tax refunds,
 1577  tax credits, and other state incentives. Return on investment is
 1578  expressed mathematically as follows:
 1579  
 1580      Return on investment = (gain in state revenues - state’s     
 1581                   investment)/state’s investment                  
 1582  
 1583         (r)“Rural county” means a county with a population of
 1584  75,000 or fewer or a county with a population of 100,000 or
 1585  fewer which is contiguous to a county with a population of
 1586  75,000 or fewer.
 1587         (r)(s) “Rural city” means a city having with a population
 1588  of 10,000 or fewer less, or a city having with a population of
 1589  greater than 10,000 but fewer less than 20,000 which has been
 1590  determined by the office of Tourism, Trade, and Economic
 1591  Development to have economic characteristics such as, but not
 1592  limited to, a significant percentage of residents on public
 1593  assistance, a significant percentage of residents with income
 1594  below the poverty level, or a significant percentage of the
 1595  city’s employment base in agriculture-related industries.
 1596         (s)(t) “Rural community” means:
 1597         1. A county having with a population of 75,000 or fewer.
 1598         2. A county having with a population of 125,000 or fewer
 1599  which is contiguous to a county having with a population of
 1600  75,000 or fewer.
 1601         3. A municipality within a county described in subparagraph
 1602  1. or subparagraph 2.
 1603  
 1604  For purposes of this paragraph, population shall be determined
 1605  in accordance with the most recent official estimate pursuant to
 1606  s. 186.901.
 1607         (b)(u) “Authorized local economic development agency” means
 1608  a any public or private entity, including those defined in s.
 1609  288.075, authorized by a county or municipality to promote the
 1610  general business or industrial interests of that county or
 1611  municipality.
 1612         (3)(2) TAX REFUND; ELIGIBLE AMOUNTS.—
 1613         (a) There shall be allowed, from the account, a refund to a
 1614  qualified target industry business for the amount of eligible
 1615  taxes certified by the director which were paid by the such
 1616  business. The total amount of refunds for all fiscal years for
 1617  each qualified target industry business must be determined
 1618  pursuant to subsection (4) (3). The annual amount of a refund to
 1619  a qualified target industry business must be determined pursuant
 1620  to subsection (6) (5).
 1621         (b)1. Upon approval by the director, a qualified target
 1622  industry business shall be allowed tax refund payments equal to
 1623  $3,000 times the number of jobs specified in the tax refund
 1624  agreement under subparagraph (5)(a)1. (4)(a)1., or equal to
 1625  $6,000 times the number of jobs if the project is located in a
 1626  rural county or an enterprise zone.
 1627         2.Further, A qualified target industry business shall be
 1628  allowed additional tax refund payments equal to $1,000 times the
 1629  number of jobs specified in the tax refund agreement under
 1630  subparagraph (5)(a)1. (4)(a)1., if such jobs pay an annual
 1631  average wage of at least 150 percent of the average area private
 1632  sector wage in the area, or equal to $2,000 times the number of
 1633  jobs if such jobs pay an annual average area wage of at least
 1634  200 percent of the average area private sector wage in the area.
 1635         3. A qualified target industry business shall be allowed a
 1636  tax refund payment in addition to the payments authorized in
 1637  sub-subparagraphs 1. and 2. equal to $2,000 times the number of
 1638  jobs specified in the tax refund agreement under subparagraph
 1639  (5)(a)1., for one of the following:
 1640         a. Projects classified as a corporate headquarters for
 1641  businesses that did not exist in this state before applying for
 1642  certification as a qualified target industry business or
 1643  corporate headquarters for businesses in the following
 1644  industries: renewable energy, as defined in s. 366.91(2)(d);
 1645  transportation equipment manufacturing; life sciences; financial
 1646  services; or information technology.
 1647         b. Businesses that increase exports of their goods through
 1648  a Florida seaport or a Florida airport by at least 10 percent in
 1649  value or tonnage in each of the years that they receive a tax
 1650  credit under this section. For purposes of this sub
 1651  subparagraph, Florida seaports are limited to the ports of
 1652  Jacksonville, Tampa, Port Everglades, Miami, Port Canaveral, Ft.
 1653  Pierce, Palm Beach, Port Manatee, Port St. Joe, Panama City, St.
 1654  Petersburg, Pensacola, Fernandina, and Key West.
 1655         4. A qualified target industry business shall be allowed a
 1656  tax refund in addition to the payments authorized in sub
 1657  subparagraphs 1., 2., and 3. equal to $1,000 times the number of
 1658  jobs specified in the tax refund agreement under subparagraph
 1659  (5)(a)1., if:
 1660         a. The local financial support is equal to that of the
 1661  state’s incentive award under subparagraph (3)(b)1.; or
 1662         b. The business is employing, among those jobs specified in
 1663  the tax refund agreement under subparagraph (5)(a)1., a Florida
 1664  resident who has been unemployed and who was determined to be
 1665  monetarily eligible for unemployment compensation benefits by
 1666  the Agency for Workforce Innovation for a benefit year beginning
 1667  on or after January 1, 2009. These employees must perform duties
 1668  connected to the operations of the eligible business on a
 1669  regular, full-time basis for an average of at least 36 hours per
 1670  week and for at least 12 months before an eligible business
 1671  files for the tax credit.
 1672         (c) A qualified target industry business may not receive
 1673  refund payments of more than 25 percent of the total tax refunds
 1674  specified in the tax refund agreement under subparagraph
 1675  (5)(a)1. (4)(a)1. in any fiscal year. Further, a qualified
 1676  target industry business may not receive more than $1.5 million
 1677  in refunds under this section in any single fiscal year, or more
 1678  than $2.5 million in any single fiscal year if the project is
 1679  located in an enterprise zone. A qualified target industry
 1680  business may not receive more than $5 million in refund payments
 1681  under this section in all fiscal years, or more than $7.5
 1682  million if the project is located in an enterprise zone. Funds
 1683  made available pursuant to this section may not be expended in
 1684  connection with the relocation of a business from one community
 1685  to another community in this state unless the Office of Tourism,
 1686  Trade, and Economic Development determines that without such
 1687  relocation the business will move outside this state or
 1688  determines that the business has a compelling economic rationale
 1689  for the relocation and that the relocation will create
 1690  additional jobs.
 1691         (d)(c) After entering into a tax refund agreement under
 1692  subsection (5) (4), a qualified target industry business may:
 1693         1. Receive refunds from the account for the following taxes
 1694  due and paid by that business beginning with the first taxable
 1695  year of the business which begins after entering into the
 1696  agreement:
 1697         a. Corporate income taxes under chapter 220.
 1698         b. Insurance premium tax under s. 624.509.
 1699         2. Receive refunds from the account for the following taxes
 1700  due and paid by that business after entering into the agreement:
 1701         a. Taxes on sales, use, and other transactions under
 1702  chapter 212.
 1703         b. Intangible personal property taxes under chapter 199.
 1704         c. Emergency excise taxes under chapter 221.
 1705         d. Excise taxes on documents under chapter 201.
 1706         e. Ad valorem taxes paid, as defined in s. 220.03(1).
 1707         f. State communications services taxes administered under
 1708  chapter 202. This provision does not apply to the gross receipts
 1709  tax imposed under chapter 203 and administered under chapter 202
 1710  or the local communications services tax authorized under s.
 1711  202.19.
 1712  
 1713  The addition of state communications services taxes administered
 1714  under chapter 202 is remedial in nature and retroactive to
 1715  October 1, 2001. The office may make supplemental tax refund
 1716  payments to allow for tax refunds for communications services
 1717  taxes paid by an eligible qualified target industry business
 1718  after October 1, 2001.
 1719         (e)(d) However, a qualified target industry business may
 1720  not receive a refund under this section for any amount of
 1721  credit, refund, or exemption granted to that business for any of
 1722  the such taxes listed in paragraph (d). If a refund for such
 1723  taxes is provided by the office, which taxes are subsequently
 1724  adjusted by the application of any credit, refund, or exemption
 1725  granted to the qualified target industry business other than as
 1726  provided in this section, the business shall reimburse the
 1727  account for the amount of that credit, refund, or exemption. A
 1728  qualified target industry business shall notify and tender
 1729  payment to the office within 20 days after receiving any credit,
 1730  refund, or exemption other than one provided in this section.
 1731         (f) Refunds made available pursuant to this section may not
 1732  be expended in connection with the relocation of a business from
 1733  one community to another community in this state unless the
 1734  office determines that without such relocation the business will
 1735  move outside this state, or determines that the business has a
 1736  compelling economic rationale for the relocation and that the
 1737  relocation will create additional jobs.
 1738         (g)(e) A qualified target industry business that
 1739  fraudulently claims a refund under this section:
 1740         1. Is liable for repayment of the amount of the refund to
 1741  the account, plus a mandatory penalty in the amount of 200
 1742  percent of the tax refund which shall be deposited into the
 1743  General Revenue Fund.
 1744         2. Commits Is guilty of a felony of the third degree,
 1745  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1746         (4)(3) APPLICATION AND APPROVAL PROCESS.—
 1747         (a) To apply for certification as a qualified target
 1748  industry business under this section, the business must file an
 1749  application with the office before the business decides has made
 1750  the decision to locate a new business in this state or before
 1751  the business decides had made the decision to expand its an
 1752  existing operations business in this state. The application must
 1753  shall include, but need is not be limited to, the following
 1754  information:
 1755         1. The applicant’s federal employer identification number
 1756  and, if applicable, the applicant’s state sales tax registration
 1757  number.
 1758         2. The proposed permanent location of the applicant’s
 1759  facility in this state at which the project is or is to be
 1760  located.
 1761         3. A description of the type of business activity or
 1762  product covered by the project, including a minimum of a five
 1763  digit NAICS code for all activities included in the project. As
 1764  used in this paragraph, “NAICS” means those classifications
 1765  contained in the North American Industry Classification System,
 1766  as published in 2007 by the Office of Management and Budget,
 1767  Executive Office of the President, and updated periodically.
 1768         4. The proposed number of net new full-time equivalent
 1769  Florida jobs at the qualified target industry business as of
 1770  December 31 of each year included in the project and the average
 1771  wage of those jobs. If more than one type of business activity
 1772  or product is included in the project, the number of jobs and
 1773  average wage for those jobs must be separately stated for each
 1774  type of business activity or product.
 1775         5. The total number of full-time equivalent employees
 1776  employed by the applicant in this state, if applicable.
 1777         6. The anticipated commencement date of the project.
 1778         7. A brief statement explaining concerning the role that
 1779  the estimated tax refunds to be requested will play in the
 1780  decision of the applicant to locate or expand in this state.
 1781         8. An estimate of the proportion of the sales resulting
 1782  from the project that will be made outside this state.
 1783         9. An estimate of the proportion of the cost of the
 1784  machinery and equipment, and any other resources necessary in
 1785  the development of its product or service, to be used by the
 1786  business in its Florida operations which will be purchased
 1787  outside this state.
 1788         10.9. A resolution adopted by the governing board of the
 1789  county or municipality in which the project will be located,
 1790  which resolution recommends that the project certain types of
 1791  businesses be approved as a qualified target industry business
 1792  and specifies states that the commitments of local financial
 1793  support necessary for the target industry business exist. In
 1794  advance of the passage of such resolution, the office may also
 1795  accept an official letter from an authorized local economic
 1796  development agency that endorses the proposed target industry
 1797  project and pledges that sources of local financial support for
 1798  such project exist. For the purposes of making pledges of local
 1799  financial support under this subsection, the authorized local
 1800  economic development agency shall be officially designated by
 1801  the passage of a one-time resolution by the local governing
 1802  authority.
 1803         11.10. Any additional information requested by the office.
 1804         (b) To qualify for review by the office, the application of
 1805  a target industry business must, at a minimum, establish the
 1806  following to the satisfaction of the office:
 1807         1.a. The jobs proposed to be created provided under the
 1808  application, pursuant to subparagraph (a)4., must pay an
 1809  estimated annual average wage equaling at least 115 percent of
 1810  the average area private sector wage in the area where the
 1811  business is to be located or the statewide private sector
 1812  average wage. The governing body of the county where the
 1813  qualified target industry business is to be located shall notify
 1814  the office and Enterprise Florida, Inc., which calculation of
 1815  the average area private sector wage must be used as the basis
 1816  for the business’ wage commitment. In determining the average
 1817  annual wage, the office shall include only new proposed jobs,
 1818  and wages for existing jobs shall be excluded from this
 1819  calculation.
 1820         b. The office may waive the average wage requirement at the
 1821  request of the local governing body recommending the project and
 1822  Enterprise Florida, Inc. The director may waive the wage
 1823  requirement may only be waived for a project located in a
 1824  brownfield area designated under s. 376.80 or in a rural city,
 1825  rural community, or county, or in an enterprise zone and only if
 1826  when the merits of the individual project or the specific
 1827  circumstances in the community in relationship to the project
 1828  warrant such action. If the local governing body and Enterprise
 1829  Florida, Inc., make such a recommendation, it must be
 1830  transmitted in writing and the specific justification for the
 1831  waiver recommendation must be explained. If the director elects
 1832  to waive the wage requirement, the waiver must be stated in
 1833  writing and the reasons for granting the waiver must be
 1834  explained.
 1835         2. The target industry business’s project must result in
 1836  the creation of at least 10 jobs at the such project and, if an
 1837  expansion of an existing business, must result in an a net
 1838  increase in employment of at least 10 percent at the business.
 1839  Notwithstanding the definition of the term “expansion of an
 1840  existing business” in paragraph (1)(g), At the request of the
 1841  local governing body recommending the project and Enterprise
 1842  Florida, Inc., the office may waive this requirement for a
 1843  business in a rural community or enterprise zone define an
 1844  “expansion of an existing business” in a rural community or an
 1845  enterprise zone as the expansion of a business resulting in a
 1846  net increase in employment of less than 10 percent at such
 1847  business if the merits of the individual project or the specific
 1848  circumstances in the community in relationship to the project
 1849  warrant such action. If the local governing body and Enterprise
 1850  Florida, Inc., make such a request, the request must be
 1851  transmitted in writing and the specific justification for the
 1852  request must be explained. If the director elects to grant the
 1853  request, the grant must be stated in writing and the reason for
 1854  granting the request must be explained.
 1855         3. The business activity or product for the applicant’s
 1856  project is within an industry or industries that have been
 1857  identified by the office as a target industry business to be
 1858  high-value-added industries that contributes contribute to the
 1859  area and to the economic growth of the state and the region in
 1860  which it is located, that produces produce a higher standard of
 1861  living for residents of this state in the new global economy, or
 1862  that can be shown to make an equivalent contribution to the area
 1863  and state’s economic progress. The director must approve
 1864  requests to waive the wage requirement for brownfield areas
 1865  designated under s. 376.80 unless it is demonstrated that such
 1866  action is not in the public interest.
 1867         (c) Each application meeting the requirements of paragraph
 1868  (b) must be submitted to the office for determination of
 1869  eligibility. The office shall review and evaluate each
 1870  application based on, but not limited to, the following
 1871  criteria:
 1872         1. Expected contributions to the state economy, consistent
 1873  with the state strategic economic development plan adopted by
 1874  Enterprise Florida, Inc., taking into account the long-term
 1875  effects of the project and of the applicant on the state
 1876  economy.
 1877         2. The return on investment of the proposed award under the
 1878  qualified target industry incentive program and the return on
 1879  investment for all state incentives proposed for the project
 1880  economic benefit of the jobs created by the project in this
 1881  state, taking into account the cost and average wage of each job
 1882  created.
 1883         3. The amount of capital investment to be made by the
 1884  applicant in this state.
 1885         4. The local financial commitment and support for the
 1886  project.
 1887         5. The effect of the project on the unemployment rate in
 1888  local community, taking into account the unemployment rate for
 1889  the county where the project will be located.
 1890         6. The effect of the award any tax refunds granted pursuant
 1891  to this section on the viability of the project and the
 1892  probability that the project would will be undertaken in this
 1893  state if such tax refunds are granted to the applicant, taking
 1894  into account the expected long-term commitment of the applicant
 1895  to economic growth and employment in this state.
 1896         7. The expected long-term commitment of the applicant to
 1897  economic growth and employment to this state resulting from the
 1898  project.
 1899         8. A review of the business’s past activities in this state
 1900  or other states, including whether such business has been
 1901  subjected to criminal or civil fines and penalties. This
 1902  subparagraph does not require the disclosure of confidential
 1903  information.
 1904         (d) Applications shall be reviewed and certified pursuant
 1905  to s. 288.061. The office shall include in its review
 1906  projections of the tax refunds the business would be eligible to
 1907  receive in each fiscal year based on the creation and
 1908  maintenance of the net new Florida jobs specified in
 1909  subparagraph (a)4. as of December 31 of the preceding state
 1910  fiscal year. If appropriate, the director shall enter into a
 1911  written agreement with the qualified target industry business
 1912  pursuant to subsection (5) (4).
 1913         (e) The director may not certify any target industry
 1914  business as a qualified target industry business if the value of
 1915  tax refunds to be included in that letter of certification
 1916  exceeds the available amount of authority to certify new
 1917  businesses as determined in s. 288.095(3). However, if the
 1918  commitments of local financial support represent less than 20
 1919  percent of the eligible tax refund payments, or to otherwise
 1920  preserve the viability and fiscal integrity of the program, the
 1921  director may certify a qualified target industry business to
 1922  receive tax refund payments of less than the allowable amounts
 1923  specified in paragraph (3)(b) (2)(b). A letter of certification
 1924  that approves an application must specify the maximum amount of
 1925  tax refund that will be available to the qualified industry
 1926  business in each fiscal year and the total amount of tax refunds
 1927  that will be available to the business for all fiscal years.
 1928         (f) This section does not create a presumption that an
 1929  applicant shall receive any tax refunds under this section.
 1930  However, the office may issue nonbinding opinion letters, upon
 1931  the request of prospective applicants, as to the applicants’
 1932  eligibility and the potential amount of refunds.
 1933         (5)(4) TAX REFUND AGREEMENT.—
 1934         (a) Each qualified target industry business must enter into
 1935  a written agreement with the office which specifies, at a
 1936  minimum:
 1937         1. The total number of full-time equivalent jobs in this
 1938  state that will be dedicated to the project, the average wage of
 1939  those jobs, the definitions that will apply for measuring the
 1940  achievement of these terms during the pendency of the agreement,
 1941  and a time schedule or plan for when such jobs will be in place
 1942  and active in this state.
 1943         2. The maximum amount of tax refunds which the qualified
 1944  target industry business is eligible to receive on the project
 1945  and the maximum amount of a tax refund that the qualified target
 1946  industry business is eligible to receive for each fiscal year,
 1947  based on the job creation and maintenance schedule specified in
 1948  subparagraph 1.
 1949         3. That the office may review and verify the financial and
 1950  personnel records of the qualified target industry business to
 1951  ascertain whether that business is in compliance with this
 1952  section.
 1953         4. The date by which, in each fiscal year, the qualified
 1954  target industry business may file a claim under subsection (6)
 1955  (5) to be considered to receive a tax refund in the following
 1956  fiscal year.
 1957         5. That local financial support will be annually available
 1958  and will be paid to the account. The director may not enter into
 1959  a written agreement with a qualified target industry business if
 1960  the local financial support resolution is not passed by the
 1961  local governing authority within 90 days after he or she has
 1962  issued the letter of certification under subsection (4) (3).
 1963         (b) Compliance with the terms and conditions of the
 1964  agreement is a condition precedent for the receipt of a tax
 1965  refund each year. The failure to comply with the terms and
 1966  conditions of the tax refund agreement results in the loss of
 1967  eligibility for receipt of all tax refunds previously authorized
 1968  under this section and the revocation by the director of the
 1969  certification of the business entity as a qualified target
 1970  industry business, unless the business is eligible to receive
 1971  and elects to accept a prorated refund under paragraph (6)(e)
 1972  (5)(d) or the office grants the business an economic recovery
 1973  extension economic-stimulus exemption.
 1974         1. A qualified target industry business may submit, in
 1975  writing, a request to the office for an economic recovery
 1976  extension economic-stimulus exemption. The request must provide
 1977  quantitative evidence demonstrating how negative economic
 1978  conditions in the business’s industry, the effects of the impact
 1979  of a named hurricane or tropical storm, or specific acts of
 1980  terrorism affecting the qualified target industry business have
 1981  prevented the business from complying with the terms and
 1982  conditions of its tax refund agreement.
 1983         2. Upon receipt of a request under subparagraph 1., the
 1984  director has shall have 45 days to notify the requesting
 1985  business, in writing, if its extension exemption has been
 1986  granted or denied. In determining if an exemption should be
 1987  granted, the director shall consider the extent to which
 1988  negative economic conditions in the requesting business’s
 1989  industry have occurred in the state or the effects of the impact
 1990  of a named hurricane or tropical storm or specific acts of
 1991  terrorism affecting the qualified target industry business have
 1992  prevented the business from complying with the terms and
 1993  conditions of its tax refund agreement. The office shall
 1994  consider current employment statistics for this state by
 1995  industry, including whether the business’s industry had
 1996  substantial job loss during the prior year, when determining
 1997  whether an exemption shall be granted.
 1998         3. As a condition for receiving a prorated refund under
 1999  paragraph (6)(e) (5)(d) or an economic recovery extension
 2000  economic-stimulus exemption under this paragraph, a qualified
 2001  target industry business must agree to renegotiate its tax
 2002  refund agreement with the office to, at a minimum, ensure that
 2003  the terms of the agreement comply with current law and office
 2004  procedures governing application for and award of tax refunds.
 2005  Upon approving the award of a prorated refund or granting an
 2006  economic recovery extension economic-stimulus exemption, the
 2007  office shall renegotiate the tax refund agreement with the
 2008  business as required by this subparagraph. When amending the
 2009  agreement of a business receiving an economic recovery extension
 2010  economic-stimulus exemption, the office may extend the duration
 2011  of the agreement for a period not to exceed 2 years.
 2012         4. A qualified target industry business may submit a
 2013  request for an economic recovery extension economic-stimulus
 2014  exemption to the office in lieu of any tax refund claim
 2015  scheduled to be submitted after January 1, 2009, but before July
 2016  1, 2012 2011.
 2017         5. A qualified target industry business that receives an
 2018  economic recovery extension economic-stimulus exemption may not
 2019  receive a tax refund for the period covered by the extension
 2020  exemption.
 2021         (c) The agreement must be signed by the director and by an
 2022  authorized officer of the qualified target industry business
 2023  within 120 days after the issuance of the letter of
 2024  certification under subsection (4) (3), but not before passage
 2025  and receipt of the resolution of local financial support. The
 2026  office may grant an extension of this period at the written
 2027  request of the qualified target industry business.
 2028         (d) The agreement must contain the following legend,
 2029  clearly printed on its face in bold type of not less than 10
 2030  points in size: “This agreement is neither a general obligation
 2031  of the State of Florida, nor is it backed by the full faith and
 2032  credit of the State of Florida. Payment of tax refunds is are
 2033  conditioned on and subject to specific annual appropriations by
 2034  the Florida Legislature of moneys sufficient to pay amounts
 2035  authorized in section 288.106, Florida Statutes.”
 2036         (6)(5) ANNUAL CLAIM FOR REFUND.—
 2037         (a) To be eligible to claim any scheduled tax refund, a
 2038  qualified target industry business that has entered into a tax
 2039  refund agreement with the office under subsection (5) (4) must
 2040  apply by January 31 of each fiscal year to the office for the
 2041  tax refund scheduled to be paid from the appropriation for the
 2042  fiscal year that begins on July 1 following the January 31
 2043  claims-submission date. The office may, upon written request,
 2044  grant a 30-day extension of the filing date.
 2045         (b) The claim for refund by the qualified target industry
 2046  business must include a copy of all receipts pertaining to the
 2047  payment of taxes for which the refund is sought and data related
 2048  to achievement of each performance item specified in the tax
 2049  refund agreement. The amount requested as a tax refund may not
 2050  exceed the amount specified for the relevant fiscal year in that
 2051  agreement.
 2052         (c) If the qualified target industry business provides the
 2053  office with proof that in a single year it has paid an amount of
 2054  state taxes, from the categories in paragraph (3)(d), at least
 2055  equal to the total amount of tax refunds it may receive through
 2056  successful completion of its qualified target industry
 2057  agreement, the office may waive the requirement for proof of
 2058  taxes paid in future years.
 2059         (d)(c) A tax refund may not be approved for a qualified
 2060  target industry business unless the required local financial
 2061  support has been paid into the account for that refund. If the
 2062  local financial support provided is less than 20 percent of the
 2063  approved tax refund, the tax refund must be reduced. In no event
 2064  may the tax refund exceed an amount that is equal to 5 times the
 2065  amount of the local financial support received. Further, funding
 2066  from local sources includes any tax abatement granted to that
 2067  business under s. 196.1995 or the appraised market value of
 2068  municipal or county land conveyed or provided at a discount to
 2069  that business. The amount of any tax refund for such business
 2070  approved under this section must be reduced by the amount of any
 2071  such tax abatement granted or the value of the land granted; and
 2072  the limitations in subsection (3) (2) and paragraph (4)(e)
 2073  (3)(e) must be reduced by the amount of any such tax abatement
 2074  or the value of the land granted. A report listing all sources
 2075  of the local financial support shall be provided to the office
 2076  when such support is paid to the account.
 2077         (e)(d) A prorated tax refund, less a 5 percent 5-percent
 2078  penalty, shall be approved for a qualified target industry
 2079  business if provided all other applicable requirements have been
 2080  satisfied and the business proves to the satisfaction of the
 2081  director that:
 2082         1. It has achieved at least 80 percent of its projected
 2083  employment; and that
 2084         2. The average wage paid by the business is at least 90
 2085  percent of the average wage specified in the tax refund
 2086  agreement, but in no case less than 115 percent of the average
 2087  private sector wage in the area available at the time of
 2088  certification, or 150 percent or 200 percent of the average
 2089  private sector wage if the business requested the additional
 2090  per-job tax refund authorized in paragraph (3)(b) (2)(b) for
 2091  wages above those levels.
 2092  
 2093  The prorated tax refund shall be calculated by multiplying the
 2094  tax refund amount for which the qualified target industry
 2095  business would have been eligible, if all applicable
 2096  requirements had been satisfied, by the percentage of the
 2097  average employment specified in the tax refund agreement which
 2098  was achieved, and by the percentage of the average wages
 2099  specified in the tax refund agreement which was achieved.
 2100         (f)(e) The director, with such assistance as may be
 2101  required from the office, the Department of Revenue, or the
 2102  Agency for Workforce Innovation, shall, by June 30 following the
 2103  scheduled date for submission of the tax refund claim, specify
 2104  by written order the approval or disapproval of the tax refund
 2105  claim and, if approved, the amount of the tax refund that is
 2106  authorized to be paid to the qualified target industry business
 2107  for the annual tax refund. The office may grant an extension of
 2108  this date on the request of the qualified target industry
 2109  business for the purpose of filing additional information in
 2110  support of the claim.
 2111         (g)(f) The total amount of tax refund claims approved by
 2112  the director under this section in any fiscal year must not
 2113  exceed the amount authorized under s. 288.095(3).
 2114         (h)(g) This section does not create a presumption that a
 2115  tax refund claim will be approved and paid.
 2116         (i)(h) Upon approval of the tax refund under paragraphs
 2117  (c), (d), and (e), and (f), the Chief Financial Officer shall
 2118  issue a warrant for the amount specified in the written order.
 2119  If the written order is appealed, the Chief Financial Officer
 2120  may not issue a warrant for a refund to the qualified target
 2121  industry business until the conclusion of all appeals of that
 2122  order.
 2123         (7)(6) ADMINISTRATION.—
 2124         (a) The office may is authorized to verify information
 2125  provided in any claim submitted for tax credits under this
 2126  section with regard to employment and wage levels or the payment
 2127  of the taxes to the appropriate agency or authority, including
 2128  the Department of Revenue, the Agency for Workforce Innovation,
 2129  or any local government or authority.
 2130         (b) To facilitate the process of monitoring and auditing
 2131  applications made under this program, the office may provide a
 2132  list of qualified target industry businesses to the Department
 2133  of Revenue, to the Agency for Workforce Innovation, or to any
 2134  local government or authority. The office may request the
 2135  assistance of those entities with respect to monitoring jobs,
 2136  wages, and the payment of the taxes listed in subsection (3)
 2137  (2).
 2138         (c) Funds specifically appropriated for the tax refund
 2139  program for qualified target industry businesses may not be used
 2140  by the office for any purpose other than the payment of tax
 2141  refunds authorized by this section.
 2142         (d) For all agreements signed after January 1, 2006, the
 2143  office shall conduct a review of each qualified target industry
 2144  business approximately 12 months after such business has
 2145  received its final incentive refund in order to evaluate whether
 2146  the business is continuing to contribute to the regional or
 2147  state economy. To complete the reviews, the office shall examine
 2148  the size of each business’s workforce, the annual average wage
 2149  of its employees, whether the business has made additional
 2150  investments in its operations since the completion of its
 2151  agreement, and whether the business has expanded into additional
 2152  locations. The office shall submit a report of its findings and
 2153  recommendations from its reviews to the Governor, the President
 2154  of the Senate, and the Speaker of the House of Representatives.
 2155  The first report shall be submitted by December 1, 2011, and
 2156  each December 1 thereafter.
 2157         (7)Notwithstanding paragraphs (4)(a) and (5)(c), the
 2158  office may approve a waiver of the local financial support
 2159  requirement for a business located in any of the following
 2160  counties in which businesses received emergency loans
 2161  administered by the office in response to the named hurricanes
 2162  of 2004: Bay, Brevard, Charlotte, DeSoto, Escambia, Flagler,
 2163  Glades, Hardee, Hendry, Highlands, Indian River, Lake, Lee,
 2164  Martin, Okaloosa, Okeechobee, Orange, Osceola, Palm Beach, Polk,
 2165  Putnam, Santa Rosa, Seminole, St. Lucie, Volusia, and Walton. A
 2166  waiver may be granted only if the office determines that the
 2167  local financial support cannot be provided or that doing so
 2168  would effect a demonstrable hardship on the unit of local
 2169  government providing the local financial support. If the office
 2170  grants a waiver of the local financial support requirement, the
 2171  state shall pay 100 percent of the refund due to an eligible
 2172  business. The waiver shall apply for tax refund applications
 2173  made for fiscal years 2004-2005, 2005-2006, and 2006-2007.
 2174         (8)AVALIABILITY OF OTHER TAX CREDITS.—A business that
 2175  receives tax refunds pursuant to this section is not eligible
 2176  for the capital investment tax credit under s. 220.191.
 2177         (9)(8) EXPIRATION.—An applicant may not be certified as
 2178  qualified under this section after June 30, 2015 2010. A tax
 2179  refund agreement existing on that date shall continue in effect
 2180  in accordance with its terms.
 2181         Section 14. Effective July 1, 2010, paragraph (e) of
 2182  subsection (1), subsection (2), paragraphs (a) and (d) of
 2183  subsection (4), and paragraph (b) of subsection (5) of section
 2184  288.107, Florida Statutes, are amended to read:
 2185         288.107 Brownfield redevelopment bonus refunds.—
 2186         (1) DEFINITIONS.—As used in this section:
 2187         (e) “Eligible business” means:
 2188         1. A qualified target industry business as defined in s.
 2189  288.106(2) s. 288.106(1)(o); or
 2190         2. A business that can demonstrate a fixed capital
 2191  investment of at least $2 million in mixed-use business
 2192  activities, including multiunit housing, commercial, retail, and
 2193  industrial in brownfield areas, or at least $500,000 in
 2194  brownfield areas that do not require site cleanup, and which
 2195  provides benefits to its employees.
 2196         (2) BROWNFIELD REDEVELOPMENT BONUS REFUND.—Bonus refunds
 2197  shall be approved by the office as specified in the final order
 2198  issued by the director and allowed from the account as follows:
 2199         (a) A bonus refund of $2,500 shall be allowed to any
 2200  qualified target industry business as defined by s. 288.106 for
 2201  each new Florida job created in a brownfield area which is
 2202  claimed on the qualified target industry business’s annual
 2203  refund claim authorized in s. 288.106(6) s. 288.106(5).
 2204         (b) A bonus refund of up to $2,500 shall be allowed to any
 2205  other eligible business as defined in subparagraph (1)(e)2. for
 2206  each new Florida job created in a brownfield which is claimed
 2207  under an annual claim procedure similar to the annual refund
 2208  claim authorized in s. 288.106(6) s. 288.106(5). The amount of
 2209  the refund shall be equal to 20 percent of the average annual
 2210  wage for the jobs created.
 2211         (4) PAYMENT OF BROWNFIELD REDEVELOPMENT BONUS REFUNDS.—
 2212         (a) To be eligible to receive a bonus refund for new
 2213  Florida jobs created in a brownfield, a business must have been
 2214  certified as a qualified target industry business under s.
 2215  288.106 or eligible business as defined in paragraph (1)(e) and
 2216  must have indicated on the qualified target industry tax refund
 2217  application form submitted in accordance with s. 288.106(4) s.
 2218  288.106(3) or other similar agreement for other eligible
 2219  business as defined in paragraph (1)(e) that the project for
 2220  which the application is submitted is or will be located in a
 2221  brownfield and that the business is applying for certification
 2222  as a qualified brownfield business under this section, and must
 2223  have signed a qualified target industry tax refund agreement
 2224  with the office which indicates that the business has been
 2225  certified as a qualified target industry business located in a
 2226  brownfield and specifies the schedule of brownfield
 2227  redevelopment bonus refunds that the business may be eligible to
 2228  receive in each fiscal year.
 2229         (d) After entering into a tax refund agreement as provided
 2230  in s. 288.106 or other similar agreement for other eligible
 2231  businesses as defined in paragraph (1)(e), an eligible business
 2232  may receive brownfield redevelopment bonus refunds from the
 2233  account pursuant to s. 288.106(3)(d) s. 288.106(2)(c).
 2234         (5) ADMINISTRATION.—
 2235         (b) To facilitate the process of monitoring and auditing
 2236  applications made under this program, the office may provide a
 2237  list of qualified target industry businesses to the Department
 2238  of Revenue, to the Agency for Workforce Innovation, to the
 2239  Department of Environmental Protection, or to any local
 2240  government authority. The office may request the assistance of
 2241  those entities with respect to monitoring the payment of the
 2242  taxes listed in s. 288.106(3) s. 288.106(2).
 2243         Section 15. Effective July 1, 2010, section 288.125,
 2244  Florida Statutes, is amended to read:
 2245         288.125 Definition of “entertainment industry”.—For the
 2246  purposes of ss. 288.1251-288.1258, the term “entertainment
 2247  industry” means those persons or entities engaged in the
 2248  operation of motion picture or television studios or recording
 2249  studios; those persons or entities engaged in the preproduction,
 2250  production, or postproduction of motion pictures, made-for
 2251  television movies, television programming, digital media
 2252  projects, commercial advertising, music videos, or sound
 2253  recordings; and those persons or entities providing products or
 2254  services directly related to the preproduction, production, or
 2255  postproduction of motion pictures, made-for-television movies,
 2256  television programming, digital media projects, commercial
 2257  advertising, music videos, or sound recordings, including, but
 2258  not limited to, the broadcast industry.
 2259         Section 16. Effective July 1, 2010, paragraph (b) of
 2260  subsection (1) and paragraph (a) of subsection (2) of section
 2261  288.1251, Florida Statutes, are amended to read:
 2262         288.1251 Promotion and development of entertainment
 2263  industry; Office of Film and Entertainment; creation; purpose;
 2264  powers and duties.—
 2265         (1) CREATION.—
 2266         (b) The Office of Tourism, Trade, and Economic Development
 2267  shall conduct a national search for a qualified person to fill
 2268  the position of Commissioner of Film and Entertainment, when the
 2269  position is vacant. and The Executive Director of the Office of
 2270  Tourism, Trade, and Economic Development has the responsibility
 2271  to shall hire the commissioner of Film and Entertainment.
 2272  Qualifications for the commissioner Guidelines for selection of
 2273  the Commissioner of Film and Entertainment shall include, but
 2274  are not be limited to, the Commissioner of Film and
 2275  Entertainment having the following:
 2276         1. A working knowledge of the equipment, personnel,
 2277  financial, and day-to-day production operations of the
 2278  industries to be served by the Office of Film and Entertainment;
 2279         2. Marketing and promotion experience related to the film
 2280  and entertainment industries to be served by the office;
 2281         3. Experience working with a variety of individuals
 2282  representing large and small entertainment-related businesses,
 2283  industry associations, local community entertainment industry
 2284  liaisons, and labor organizations; and
 2285         4. Experience working with a variety of state and local
 2286  governmental agencies.
 2287         (2) POWERS AND DUTIES.—
 2288         (a) The Office of Film and Entertainment, in performance of
 2289  its duties, shall:
 2290         1. In consultation with the Florida Film and Entertainment
 2291  Advisory Council, update the develop and implement a 5-year
 2292  strategic plan every 5 years to guide the activities of the
 2293  Office of Film and Entertainment in the areas of entertainment
 2294  industry development, marketing, promotion, liaison services,
 2295  field office administration, and information. The plan, to be
 2296  developed by no later than June 30, 2000, shall:
 2297         a. Be annual in construction and ongoing in nature.
 2298         b. Include recommendations relating to the organizational
 2299  structure of the office.
 2300         c. Include an annual budget projection for the office for
 2301  each year of the plan.
 2302         d. Include an operational model for the office to use in
 2303  implementing programs for rural and urban areas designed to:
 2304         (I) Develop and promote the state’s entertainment industry.
 2305         (II) Have the office serve as a liaison between the
 2306  entertainment industry and other state and local governmental
 2307  agencies, local film commissions, and labor organizations.
 2308         (III) Gather statistical information related to the state’s
 2309  entertainment industry.
 2310         (IV) Provide information and service to businesses,
 2311  communities, organizations, and individuals engaged in
 2312  entertainment industry activities.
 2313         (V) Administer field offices outside the state and
 2314  coordinate with regional offices maintained by counties and
 2315  regions of the state, as described in sub-sub-subparagraph (II),
 2316  as necessary.
 2317         e. Include performance standards and measurable outcomes
 2318  for the programs to be implemented by the office.
 2319         f. Include an assessment of, and make recommendations on,
 2320  the feasibility of creating an alternative public-private
 2321  partnership for the purpose of contracting with such a
 2322  partnership for the administration of the state’s entertainment
 2323  industry promotion, development, marketing, and service
 2324  programs.
 2325         2. Develop, market, and facilitate a smooth working
 2326  relationship between state agencies and local governments in
 2327  cooperation with local film commission offices for out-of-state
 2328  and indigenous entertainment industry production entities.
 2329         3. Implement a structured methodology prescribed for
 2330  coordinating activities of local offices with each other and the
 2331  commissioner’s office.
 2332         4. Represent the state’s indigenous entertainment industry
 2333  to key decisionmakers within the national and international
 2334  entertainment industry, and to state and local officials.
 2335         5. Prepare an inventory and analysis of the state’s
 2336  entertainment industry, including, but not limited to,
 2337  information on crew, related businesses, support services, job
 2338  creation, talent, and economic impact and coordinate with local
 2339  offices to develop an information tool for common use.
 2340         6. Represent key decisionmakers within the national and
 2341  international entertainment industry to the indigenous
 2342  entertainment industry and to state and local officials.
 2343         7. Serve as liaison between entertainment industry
 2344  producers and labor organizations.
 2345         6.8. Identify, solicit, and recruit entertainment
 2346  production opportunities for the state.
 2347         7.9. Assist rural communities and other small communities
 2348  in the state in developing the expertise and capacity necessary
 2349  for such communities to develop, market, promote, and provide
 2350  services to the state’s entertainment industry.
 2351         Section 17. Effective July 1, 2010, subsection (3) of
 2352  section 288.1252, Florida Statutes, is amended to read:
 2353         288.1252 Florida Film and Entertainment Advisory Council;
 2354  creation; purpose; membership; powers and duties.—
 2355         (3) MEMBERSHIP.—
 2356         (a) The council shall consist of 17 members, seven to be
 2357  appointed by the Governor, five to be appointed by the President
 2358  of the Senate, and five to be appointed by the Speaker of the
 2359  House of Representatives, with the initial appointments being
 2360  made no later than August 1, 1999.
 2361         (b) When making appointments to the council, the Governor,
 2362  the President of the Senate, and the Speaker of the House of
 2363  Representatives shall appoint persons who are residents of the
 2364  state and who are highly knowledgeable of, active in, and
 2365  recognized leaders in Florida’s motion picture, television,
 2366  video, sound recording, or other entertainment industries. These
 2367  persons shall include, but not be limited to, representatives of
 2368  local film commissions, representatives of entertainment
 2369  associations, a representative of the broadcast industry,
 2370  representatives of labor organizations in the entertainment
 2371  industry, and board chairs, presidents, chief executive
 2372  officers, chief operating officers, or persons of comparable
 2373  executive position or stature of leading or otherwise important
 2374  entertainment industry businesses and offices. Council members
 2375  shall be appointed in such a manner as to equitably represent
 2376  the broadest spectrum of the entertainment industry and
 2377  geographic areas of the state.
 2378         (c) Council members shall serve for 4-year terms, except
 2379  that the initial terms shall be staggered:
 2380         1. The Governor shall appoint one member for a 1-year term,
 2381  two members for 2-year terms, two members for 3-year terms, and
 2382  two members for 4-year terms.
 2383         2. The President of the Senate shall appoint one member for
 2384  a 1-year term, one member for a 2-year term, two members for 3
 2385  year terms, and one member for a 4-year term.
 2386         3. The Speaker of the House of Representatives shall
 2387  appoint one member for a 1-year term, one member for a 2-year
 2388  term, two members for 3-year terms, and one member for a 4-year
 2389  term.
 2390         (d) Subsequent appointments shall be made by the official
 2391  who appointed the council member whose expired term is to be
 2392  filled.
 2393         (e) The Commissioner of Film and Entertainment, A
 2394  representative of Enterprise Florida, Inc., a representative of
 2395  Workforce Florida, Inc., and a representative of Visit Florida
 2396  the Florida Tourism Industry Marketing Corporation shall serve
 2397  as ex officio, nonvoting members of the council, and shall be in
 2398  addition to the 17 appointed members of the council.
 2399         (f) Absence from three consecutive meetings shall result in
 2400  automatic removal from the council.
 2401         (g) A vacancy on the council shall be filled for the
 2402  remainder of the unexpired term by the official who appointed
 2403  the vacating member.
 2404         (h) No more than one member of the council may be an
 2405  employee of any one company, organization, or association.
 2406         (i) Any member shall be eligible for reappointment but may
 2407  not serve more than two consecutive terms.
 2408         Section 18. Effective July 1, 2010, subsections (1), (2),
 2409  (4), and (5) of section 288.1253, Florida Statutes, are amended
 2410  to read:
 2411         288.1253 Travel and entertainment expenses.—
 2412         (1) As used in this section, the term:
 2413         (a) “Business client” means any person, other than a state
 2414  official or state employee, who receives the services of
 2415  representatives of the Office of Film and Entertainment in
 2416  connection with the performance of its statutory duties,
 2417  including persons or representatives of entertainment industry
 2418  companies considering location, relocation, or expansion of an
 2419  entertainment industry business within the state.
 2420         (b) “Entertainment expenses” means the actual, necessary,
 2421  and reasonable costs of providing hospitality for business
 2422  clients or guests, which costs are defined and prescribed by
 2423  rules adopted by the Office of Tourism, Trade, and Economic
 2424  Development, subject to approval by the Chief Financial Officer.
 2425         (c) “Guest” means a person, other than a state official or
 2426  state employee, authorized by the Office of Tourism, Trade, and
 2427  Economic Development to receive the hospitality of the Office of
 2428  Film and Entertainment in connection with the performance of its
 2429  statutory duties.
 2430         (d) “travel expenses” means the actual, necessary, and
 2431  reasonable costs of transportation, meals, lodging, and
 2432  incidental expenses normally incurred by an employee of the
 2433  Office of Film and Entertainment a traveler, which costs are
 2434  defined and prescribed by rules adopted by the Office of
 2435  Tourism, Trade, and Economic Development, subject to approval by
 2436  the Chief Financial Officer.
 2437         (2) Notwithstanding the provisions of s. 112.061, the
 2438  Office of Tourism, Trade, and Economic Development shall adopt
 2439  rules by which it may make expenditures by advancement or
 2440  reimbursement, or a combination thereof, to:
 2441         (a) the Governor, the Lieutenant Governor, security staff
 2442  of the Governor or Lieutenant Governor, the Commissioner of Film
 2443  and Entertainment, or staff of the Office of Film and
 2444  Entertainment for travel expenses or entertainment expenses
 2445  incurred by such individuals solely and exclusively in
 2446  connection with the performance of the statutory duties of the
 2447  Office of Film and Entertainment.
 2448         (b) The Governor, the Lieutenant Governor, security staff
 2449  of the Governor or Lieutenant Governor, the Commissioner of Film
 2450  and Entertainment, or staff of the Office of Film and
 2451  Entertainment for travel expenses or entertainment expenses
 2452  incurred by such individuals on behalf of guests, business
 2453  clients, or authorized persons as defined in s. 112.061(2)(e)
 2454  solely and exclusively in connection with the performance of the
 2455  statutory duties of the Office of Film and Entertainment.
 2456         (c) Third-party vendors for the travel or entertainment
 2457  expenses of guests, business clients, or authorized persons as
 2458  defined in s. 112.061(2)(e) incurred solely and exclusively
 2459  while such persons are participating in activities or events
 2460  carried out by the Office of Film and Entertainment in
 2461  connection with that office’s statutory duties.
 2462  
 2463  The rules are shall be subject to approval by the Chief
 2464  Financial Officer before adoption prior to promulgation. The
 2465  rules shall require the submission of paid receipts, or other
 2466  proof of expenditure prescribed by the Chief Financial Officer,
 2467  with any claim for reimbursement and shall require, as a
 2468  condition for any advancement of funds, an agreement to submit
 2469  paid receipts or other proof of expenditure and to refund any
 2470  unused portion of the advancement within 15 days after the
 2471  expense is incurred or, if the advancement is made in connection
 2472  with travel, within 10 working days after the traveler’s return
 2473  to headquarters. However, with respect to an advancement of
 2474  funds made solely for travel expenses, the rules may allow paid
 2475  receipts or other proof of expenditure to be submitted, and any
 2476  unused portion of the advancement to be refunded, within 10
 2477  working days after the traveler’s return to headquarters.
 2478  Operational or promotional advancements, as defined in s.
 2479  288.35(4), obtained pursuant to this section shall not be
 2480  commingled with any other state funds.
 2481         (5) Any claim submitted under this section is shall not be
 2482  required to be sworn to before a notary public or other officer
 2483  authorized to administer oaths, but any claim authorized or
 2484  required to be made under any provision of this section shall
 2485  contain a statement that the expenses were actually incurred as
 2486  necessary travel or entertainment expenses in the performance of
 2487  official duties of the Office of Film and Entertainment and
 2488  shall be verified by written declaration that it is true and
 2489  correct as to every material matter. Any person who willfully
 2490  makes and subscribes to any claim which he or she does not
 2491  believe to be true and correct as to every material matter or
 2492  who willfully aids or assists in, procures, or counsels or
 2493  advises with respect to, the preparation or presentation of a
 2494  claim pursuant to this section that is fraudulent or false as to
 2495  any material matter, whether or not such falsity or fraud is
 2496  with the knowledge or consent of the person authorized or
 2497  required to present the claim, commits a misdemeanor of the
 2498  second degree, punishable as provided in s. 775.082 or s.
 2499  775.083. Whoever receives a an advancement or reimbursement by
 2500  means of a false claim is civilly liable, in the amount of the
 2501  overpayment, for the reimbursement of the public fund from which
 2502  the claim was paid.
 2503         Section 19. Effective July 1, 2010, section 288.1254,
 2504  Florida Statutes, is amended to read:
 2505         (Substantial rewording of section. See
 2506         s. 288.1254, F.S., for present text.)
 2507         288.1254 Entertainment industry financial incentive
 2508  program.—
 2509         (1) DEFINITIONS.—As used in this section, the term:
 2510         (a) “Certified production” means a qualified production
 2511  that has tax credits allocated to it by the Office of Tourism,
 2512  Trade, and Economic Development based on the production’s
 2513  estimated qualified expenditures, up to the production’s maximum
 2514  certified amount of tax credits, by the Office of Tourism,
 2515  Trade, and Economic Development. The term does not include a
 2516  production if the first date that it incurs production
 2517  expenditures in this state occurs before the production is
 2518  certified by the Office of Tourism, Trade, and Economic
 2519  Development.
 2520         (b) “Digital media project” means a production of
 2521  interactive entertainment that is produced for distribution in
 2522  commercial or educational markets. The term includes a video
 2523  game or production intended for Internet or wireless
 2524  distribution. The term does not include a production deemed by
 2525  the Office of Film and Entertainment to contain obscene content
 2526  as defined in s. 847.001(10).
 2527         (c) “High-impact television series” means a production
 2528  created to run multiple production seasons and having an
 2529  estimated order of at least seven episodes per season and
 2530  qualified expenditures of at least $625,000 per episode.
 2531         (d) “Off-season certified production” means a production,
 2532  other than a digital media project or an animated production,
 2533  commercial, music video, or documentary, which films 75 percent
 2534  or more of its principal photography days from June 1 through
 2535  November 30.
 2536         (e) “Principal photography” means the filming of major or
 2537  significant components of the qualified production which involve
 2538  lead actors.
 2539         (f) “Production” means a theatrical or direct-to-video
 2540  motion picture; a made-for-television motion picture; visual
 2541  effects or digital animation sequences produced in conjunction
 2542  with a motion picture; a commercial; a music video; an
 2543  industrial or educational film; an infomercial; a documentary
 2544  film; a television pilot program; a presentation for a
 2545  television pilot program; a television series, including, but
 2546  not limited to, a drama, a reality show, a comedy, a soap opera,
 2547  a telenovela, a game show, or a miniseries production; or a
 2548  digital media project by the entertainment industry. One season
 2549  of a television series is considered one production. The term
 2550  does not include a weather or market program; a sporting event;
 2551  a sports show; a gala; a production that solicits funds; a home
 2552  shopping program; a political program; a political documentary;
 2553  political advertising; a gambling-related project or production;
 2554  a concert production; or a local, regional, or Internet
 2555  distributed-only news show, current-events show, pornographic
 2556  production, or current-affairs show. A production may be
 2557  produced on or by film, tape, or otherwise by means of a motion
 2558  picture camera; electronic camera or device; tape device;
 2559  computer; any combination of the foregoing; or any other means,
 2560  method, or device now used or later adopted.
 2561         (g) “Production expenditures” means the costs of tangible
 2562  and intangible property used for, and services performed
 2563  primarily and customarily in, production, including
 2564  preproduction and postproduction, but excluding costs for
 2565  development, marketing, and distribution. The term includes, but
 2566  is not limited to:
 2567         1. Wages, salaries, or other compensation paid to legal
 2568  residents of this state, including amounts paid through payroll
 2569  service companies, for technical and production crews,
 2570  directors, producers, and performers.
 2571         2. Expenditures for sound stages, backlots, production
 2572  editing, digital effects, sound recordings, sets, and set
 2573  construction.
 2574         3. Expenditures for rental equipment, including, but not
 2575  limited to, cameras and grip or electrical equipment.
 2576         4. Up to $300,000 of the costs of newly purchased computer
 2577  software and hardware unique to the project, including servers,
 2578  data processing, and visualization technologies, which are
 2579  located in and used exclusively in the state for the production
 2580  of digital media.
 2581         5. Expenditures for meals, travel, and accommodations.
 2582         (h) “Qualified expenditures” means production expenditures
 2583  incurred in this state by a qualified production for:
 2584         1. Goods purchased or leased from, or services, including,
 2585  but not limited to, insurance costs and bonding, payroll
 2586  services, and legal fees, which are provided by a vendor or
 2587  supplier in this state which is registered with the Department
 2588  of State or the Department of Revenue, is doing business in the
 2589  state, and whose primary employees involved in facilitating the
 2590  transaction are legal residents of and doing business in this
 2591  state.
 2592         2. Payments to legal residents of this state in the form of
 2593  salary, wages, or other compensation up to a maximum of $650,000
 2594  per resident unless otherwise specified in subsection (4).
 2595  
 2596  For a qualified production involving an event, such as an awards
 2597  show, the term does not include expenditures solely associated
 2598  with the event itself and not directly required by the
 2599  production. The term does not include expenditures incurred
 2600  before certification, with the exception of those incurred for a
 2601  commercial, a music video, or the pickup of additional episodes
 2602  of a high-impact television series within a single season.
 2603         (i) “Qualified production” means a production in this state
 2604  meeting the requirements of this section. The term does not
 2605  include a production:
 2606         1. In which, for the first 2 years of the incentive
 2607  program, less than 50 percent, and, thereafter, less than 60
 2608  percent, of the positions that make up its production cast and
 2609  below-the-line production crew, or, in the case of digital media
 2610  projects, less than 75 percent of such positions, are filled by
 2611  legal residents of this state, whose residency is demonstrated
 2612  by a valid Florida driver’s license or other state-issued
 2613  identification confirming residency, or students enrolled full
 2614  time in a film-and-entertainment-related course of study at an
 2615  institution of higher education in this state; or
 2616         2. That is deemed by the Office of Film and Entertainment
 2617  to contain obscene content as defined in s. 847.001(10).
 2618         (j) “Qualified production company” means a corporation,
 2619  limited liability company, partnership, or other legal entity
 2620  engaged in one or more productions in this state.
 2621         (2) CREATION AND PURPOSE OF PROGRAM.—The entertainment
 2622  industry financial incentive program is created within the
 2623  Office of Film and Entertainment. The purpose of this program is
 2624  to encourage the use of this state as a site for filming, for
 2625  the digital production of films, and to develop and sustain the
 2626  workforce and infrastructure for film, digital media, and
 2627  entertainment production.
 2628         (3) APPLICATION PROCEDURE; APPROVAL PROCESS.—
 2629         (a) Program application.—A qualified production company
 2630  producing a qualified production in this state may submit a
 2631  program application to the Office of Film and Entertainment for
 2632  the purpose of determining qualification for an award of tax
 2633  credits authorized by this section no earlier than 6 months
 2634  before the first date that production expenditures are incurred
 2635  in this state. The applicant shall provide the Office of Film
 2636  and Entertainment with information required to determine whether
 2637  the production is a qualified production and to determine the
 2638  qualified expenditures and other information necessary for the
 2639  office to determine eligibility for the tax credit.
 2640         (b) Required documentation.—The Office of Film and
 2641  Entertainment shall develop an application form for qualifying
 2642  an applicant as a qualified production. The form must include,
 2643  but need not be limited to, production-related information
 2644  concerning employment of residents in this state, a detailed
 2645  budget of planned qualified expenditures, and the applicant’s
 2646  signed affirmation that the information on the form has been
 2647  verified and is correct. The Office of Film and Entertainment
 2648  and local film commissions shall distribute the form.
 2649         (c) Application process.—The Office of Film and
 2650  Entertainment shall establish a process by which an application
 2651  is accepted and reviewed and by which tax credit eligibility and
 2652  the award amount are determined. The Office of Film and
 2653  Entertainment may request assistance from a duly appointed local
 2654  film commission in determining compliance with this section.
 2655         (d) Certification.—The Office of Film and Entertainment
 2656  shall review the application within 15 business days after
 2657  receipt. Upon its determination that the application contains
 2658  all the information required by this subsection and meets the
 2659  criteria set out in this section, the Office of Film and
 2660  Entertainment shall qualify the applicant and recommend to the
 2661  Office of Tourism, Trade, and Economic Development that the
 2662  applicant be certified for the maximum tax credit award amount.
 2663  Within 5 business days after receipt of the recommendation, the
 2664  Office of Tourism, Trade, and Economic Development shall reject
 2665  the recommendation or certify the maximum recommended tax credit
 2666  award, if any, to the applicant and to the executive director of
 2667  the Department of Revenue.
 2668         (e) Grounds for denial.—The Office of Film and
 2669  Entertainment shall deny an application if it determines that
 2670  the application is incomplete or the production or application
 2671  does not meet the requirements of this section.
 2672         (f) Verification of actual qualified expenditures.
 2673         1. The Office of Film and Entertainment shall develop a
 2674  process to verify the actual qualified expenditures of a
 2675  certified production. The process must require:
 2676         a. A certified production to submit, in a timely manner
 2677  after principal photography, digital production, or the digital
 2678  media project ends and after making all of its qualified
 2679  expenditures, data substantiating each qualified expenditure to
 2680  an independent certified public accountant licensed in this
 2681  state;
 2682         b. Such accountant to conduct a compliance audit, at the
 2683  certified production’s expense, to substantiate each qualified
 2684  expenditure and submit the results as a report, along with the
 2685  required substantiating data, to the Office of Film and
 2686  Entertainment; and
 2687         c. The Office of Film and Entertainment to review the
 2688  accountant’s submittal and report to the Office of Tourism,
 2689  Trade, and Economic Development the final verified amount of
 2690  actual qualified expenditures made by the certified production.
 2691         2. The Office of Tourism, Trade, and Economic Development
 2692  shall determine and approve the final tax credit award amount to
 2693  each certified applicant based on the final verified amount of
 2694  actual qualified expenditures and shall notify the executive
 2695  director of the Department of Revenue in writing that the
 2696  certified production has met the requirements of the incentive
 2697  program and of the final amount of the tax credit award. The
 2698  final tax credit award amount may not exceed the maximum tax
 2699  credit award amount certified under paragraph (d).
 2700         (g) Promoting Florida.—The Office of Film and Entertainment
 2701  shall ensure that, as a condition of receiving a tax credit
 2702  under this section, marketing materials promoting this state as
 2703  a tourist destination or film and entertainment production
 2704  destination are included, when appropriate, at no cost to the
 2705  state, which must, at a minimum, include placement of a “Filmed
 2706  in Florida” or “Produced in Florida” logo in the opening credits
 2707  and end credits and on all packaging material and hard media,
 2708  unless prohibited by licensing or other contractual obligations.
 2709  The size and placement of such logo shall be commensurate to
 2710  other logos used. If no logos are used, the statement “Filmed in
 2711  Florida using Florida’s Entertainment Industry Financial
 2712  Incentive,” or a similar statement approved by the Office of
 2713  Film and Entertainment, shall be used. The Office of Film and
 2714  Entertainment shall provide a logo and supply it for the
 2715  purposes specified in this paragraph.
 2716         (4) TAX CREDIT ELIGIBILITY; TAX CREDIT AWARDS; QUEUES;
 2717  ELECTION AND DISTRIBUTION; CARRYFORWARD; CONSOLIDATED RETURNS;
 2718  PARTNERSHIP AND NONCORPORATE DISTRIBUTIONS; MERGERS AND
 2719  ACQUISITIONS.—
 2720         (a) Priority for tax credit award.—The priority of a
 2721  qualified production for tax credit awards must be determined on
 2722  a first-come, first-served basis within its appropriate queue.
 2723  Each qualified production must be placed into the appropriate
 2724  queue and is subject to the requirements of that queue.
 2725         (b) Tax credit eligibility.
 2726         1. General production queue.—Ninety-four percent of tax
 2727  credits authorized in any state fiscal year must be dedicated to
 2728  the general production queue. The general production queue
 2729  consists of all qualified productions other than those eligible
 2730  for the commercial and music video queue or the independent
 2731  production queue. A qualified production that demonstrates a
 2732  minimum of $625,000 in qualified expenditures is eligible for
 2733  tax credits equal to 20 percent of its actual qualified
 2734  expenditures, up to a maximum of $8 million. A qualified
 2735  production that incurs qualified expenditures during multiple
 2736  state fiscal years may combine those expenditures to satisfy the
 2737  $625,000 minimum threshold.
 2738         a. An off-season certified production that is a feature
 2739  film, independent film, or television series or pilot is
 2740  eligible for an additional 5-percent tax credit on actual
 2741  qualified expenditures. An off-season certified production that
 2742  does not complete 75 percent of principal photography due to a
 2743  disruption caused by a hurricane or tropical storm may not be
 2744  disqualified from eligibility for the additional 5-percent
 2745  credit as a result of the disruption.
 2746         b. A qualified high-impact television series shall be
 2747  allowed first position in this queue for tax credit awards not
 2748  yet certified.
 2749         2. Commercial and music video queue.—Three percent of tax
 2750  credits authorized in any state fiscal year must be dedicated to
 2751  the commercial and music video queue. A qualified production
 2752  company that produces national or regional commercials or music
 2753  videos may be eligible for a tax credit award if it demonstrates
 2754  a minimum of $100,000 in qualified expenditures per national or
 2755  regional commercial or music video and exceeds a combined
 2756  threshold of $500,000 after combining actual qualified
 2757  expenditures from qualified commercials and music videos during
 2758  a single state fiscal year. After a qualified production company
 2759  that produces commercials, music videos, or both reaches the
 2760  threshold of $500,000, it is eligible to apply for certification
 2761  for a tax credit award. The maximum credit award shall be equal
 2762  to 20 percent of its actual qualified expenditures up to a
 2763  maximum of $500,000. If there is a surplus at the end of a
 2764  fiscal year after the Office of Film and Entertainment certifies
 2765  and determines the tax credits for all qualified commercial and
 2766  video projects, such surplus tax credits shall be carried
 2767  forward to the following fiscal year and be available to any
 2768  eligible qualified productions under the general production
 2769  queue.
 2770         3. Independent production queue.—Three percent of tax
 2771  credits authorized in any state fiscal year must be dedicated to
 2772  the independent production queue. An independent Florida film or
 2773  digital media project that meets the criteria of this
 2774  subparagraph and demonstrates a minimum of $100,000, but not
 2775  more than $625,000, in total qualified expenditures is eligible
 2776  for tax credits equal to 20 percent of its actual qualified
 2777  expenditures. To qualify for this tax credit, a qualified
 2778  production must:
 2779         a. Be planned as a feature film or documentary of at least
 2780  70 minutes in length or be a digital media project.
 2781         b. Employ legal residents of this state in at least two of
 2782  the following key positions: writer, director, producer, star,
 2783  or composer; or, in the case of a digital media project, employ
 2784  legal residents of this state in at least two positions
 2785  functionally equivalent to the positions of writer, director,
 2786  producer, star, or composer.
 2787         4. Family-friendly productions.—A certified production
 2788  determined by the Commissioner of Film and Entertainment, with
 2789  the advice of the Florida Film and Entertainment Advisory
 2790  Council, to be family-friendly, based on the review of the
 2791  script and the review of the final release version, is eligible
 2792  for an additional tax credit equal to 5 percent of its actual
 2793  qualified expenditures. Family-friendly productions are those
 2794  that have cross-generational appeal; would be considered
 2795  suitable for viewing by children age 5 or older; are appropriate
 2796  in theme, content, and language for a broad family audience;
 2797  embody a responsible resolution of issues; and do not exhibit or
 2798  imply any act of smoking, sex, nudity, gratuitous violence, or
 2799  vulgar or profane language.
 2800         (c) Withdrawal of tax credit eligibility.—A qualified or
 2801  certified production must continue on a reasonable schedule,
 2802  which means beginning principal photography, or, in the case of
 2803  a digital media project, the start date of the production, in
 2804  this state no more than 45 calendar days before or after the
 2805  date provided in the production’s program application. The
 2806  Office of Tourism, Trade, and Economic Development shall
 2807  withdraw the eligibility of a qualified or certified production
 2808  that does not continue on a reasonable schedule.
 2809         (d) Election and distribution of tax credits.
 2810         1. A certified production company receiving a tax credit
 2811  award under this section shall, at the time the credit is
 2812  awarded by the Office of Tourism, Trade, and Economic
 2813  Development after production is completed and all requirements
 2814  to receive a credit award have been met, make an irrevocable
 2815  election to apply the credit against taxes due under chapter
 2816  220, against taxes collected or accrued under chapter 212,
 2817  except that the credit authorized under this section may not be
 2818  applied against discretionary sales surtaxes authorized under s.
 2819  212.055, or against a stated combination of the two taxes. The
 2820  election is binding upon any distributee, successor, transferee,
 2821  or purchaser. The Office of Tourism, Trade, and Economic
 2822  Development shall notify the Department of Revenue of any
 2823  election made pursuant to this paragraph.
 2824         2. For the fiscal years beginning July 1, 2010, and ending
 2825  June 30, 2015, a qualified production company is eligible for
 2826  tax credits against its sales and use tax liabilities and
 2827  corporate income tax liabilities as provided in this section.
 2828  However, tax credits awarded under this section may not be
 2829  claimed against sales and use tax liabilities or corporate
 2830  income tax liabilities for any tax period beginning before July
 2831  1, 2011, regardless of when the credits are applied for or
 2832  awarded.
 2833         (e) Tax credit carryforward.—If the certified production
 2834  company cannot use the entire tax credit in the taxable year or
 2835  reporting period in which the credit is awarded, any excess
 2836  amount may be carried forward to a succeeding taxable year or
 2837  reporting period. A tax credit applied against taxes imposed
 2838  under chapter 212 may be carried forward for a maximum of 5
 2839  years after the date the credit is awarded. A tax credit applied
 2840  against taxes imposed under chapter 220 may be carried forward
 2841  for a maximum of 5 years after the date the credit is awarded,
 2842  after which the credit expires and may not be used.
 2843         (f) Consolidated returns.—A certified production company
 2844  that files a Florida consolidated return as a member of an
 2845  affiliated group under s. 220.131(1) may be allowed the credit
 2846  on a consolidated return basis up to the amount of the tax
 2847  imposed upon the consolidated group under chapter 220.
 2848         (g) Partnership and noncorporate distributions.—A qualified
 2849  production company that is not a corporation as defined in s.
 2850  220.03 may elect to distribute tax credits awarded under this
 2851  section to its partners or members in proportion to their
 2852  respective distributive income or loss in the taxable fiscal
 2853  year in which the tax credits were awarded.
 2854         (h) Mergers or acquisitions.—Tax credits available under
 2855  this section to a certified production company may succeed to a
 2856  surviving or acquiring entity subject to the same conditions and
 2857  limitations as described in this section; however, they may not
 2858  be transferred again by the surviving or acquiring entity.
 2859         (5) TRANSFER OF TAX CREDITS.—
 2860         (a) Authorization.—Upon application to the Office of Film
 2861  and Entertainment and approval by the Office of Tourism, Trade,
 2862  and Economic Development, a certified production company, or a
 2863  partner or member that has received a distribution under
 2864  paragraph (4)(g), may elect to transfer, in whole or in part,
 2865  any unused credit amount granted under this section. An election
 2866  to transfer any unused tax credit amount under chapter 212 or
 2867  chapter 220 must be made no later than 5 years after the date
 2868  the credit is awarded, after which period the credit expires and
 2869  may not be used. The Office of Tourism, Trade, and Economic
 2870  Development shall notify the Department of Revenue of the
 2871  election and transfer.
 2872         (b) Number of transfers permitted.—A certified production
 2873  company that elects to apply a credit amount against taxes
 2874  remitted under chapter 212 is permitted a one-time transfer of
 2875  unused credits to one transferee. The credit against sales tax
 2876  is available to the transferee only through a refund of
 2877  previously paid taxes pursuant to s. 212.08(5)(g). A certified
 2878  production company that elects to apply a credit amount against
 2879  taxes due under chapter 220 is permitted a one-time transfer of
 2880  unused credits to no more than four transferees, and such
 2881  transfers must occur in the same taxable year.
 2882         (c) Transferee rights and limitations.—The transferee is
 2883  subject to the same rights and limitations as the certified
 2884  production company awarded the tax credit, except that the
 2885  transferee may not sell or otherwise transfer the tax credit.
 2886         (d) Rulemaking.—The Department of Revenue may adopt rules
 2887  to administer this subsection, as provided in subsection (7).
 2888         (6) ANNUAL ALLOCATION OF TAX CREDITS.—
 2889         (a) The aggregate amount of the tax credits that may be
 2890  certified pursuant to paragraph (3)(d) may not exceed $20
 2891  million per fiscal year.
 2892         (b) Any portion of the maximum amount of tax credits
 2893  established per fiscal year in paragraph (a) that is not
 2894  certified as of the end of a fiscal year shall be carried
 2895  forward and made available for certification during the
 2896  following two fiscal years in addition to the amounts available
 2897  for certification under paragraph (a) for those fiscal years.
 2898         (c) Upon approval of the final tax credit award amount
 2899  pursuant to subparagraph (3)(f)2., an amount equal to the
 2900  difference between the maximum tax credit award amount
 2901  previously certified under paragraph (3)(d) and the approved
 2902  final tax credit award amount shall immediately be available for
 2903  recertification during the current and following fiscal years in
 2904  addition to the amounts available for certification under
 2905  paragraph (a) for those fiscal years. Credit amounts are
 2906  available for recertification only once under this paragraph.
 2907         (d) If, during a fiscal year, the total amount of credits
 2908  applied for, pursuant to paragraph (3)(a), exceeds the amount of
 2909  credits available for certification in that fiscal year, such
 2910  excess shall be treated as having been applied for on the first
 2911  day of the next fiscal year in which credits remain available
 2912  for certification.
 2913         (7) RULES, POLICIES, AND PROCEDURES.—
 2914         (a) The Office of Tourism, Trade, and Economic Development
 2915  may adopt rules pursuant to ss. 120.536(1) and 120.54 and
 2916  develop policies and procedures to implement and administer this
 2917  section, including, but not limited to, rules specifying
 2918  requirements for the application and approval process, records
 2919  required for substantiation for tax credits, procedures for
 2920  making the election in paragraph (4)(d), the manner and form of
 2921  documentation required to claim tax credits awarded or
 2922  transferred under this section, and marketing requirements for
 2923  tax credit recipients.
 2924         (b) The Department of Revenue may adopt rules pursuant to
 2925  ss. 120.536(1) and 120.54 to administer this section, including
 2926  rules governing the examination and audit procedures required to
 2927  administer this section and the manner and form of documentation
 2928  required to claim tax credits awarded or transferred under this
 2929  section.
 2930         (8) AUDIT AUTHORITY; REVOCATION AND FORFEITURE OF TAX
 2931  CREDITS; FRAUDULENT CLAIMS.—
 2932         (a) Audit authority.—The Department of Revenue may conduct
 2933  examinations and audits as provided in s. 213.34 to verify that
 2934  tax credits under this section are received, transferred, and
 2935  applied according to the requirements of this section. If the
 2936  Department of Revenue determines that tax credits are not
 2937  received, transferred, or applied as required by this section,
 2938  it may, in addition to the remedies provided in this subsection,
 2939  pursue recovery of such funds pursuant to the laws and rules
 2940  governing the assessment of taxes.
 2941         (b) Revocation of tax credits.—The Office of Tourism,
 2942  Trade, and Economic Development may revoke or modify any written
 2943  decision qualifying, certifying, or otherwise granting
 2944  eligibility for tax credits under this section if it is
 2945  discovered that the tax credit applicant submitted any false
 2946  statement, representation, or certification in any application,
 2947  record, report, plan, or other document filed in an attempt to
 2948  receive tax credits under this section. The Office of Tourism,
 2949  Trade, and Economic Development shall immediately notify the
 2950  Department of Revenue of any revoked or modified orders
 2951  affecting previously granted tax credits. Additionally, the
 2952  applicant must notify the Department of Revenue of any change in
 2953  its tax credit claimed.
 2954         (c) Forfeiture of tax credits.—A determination by the
 2955  Department of Revenue, as a result of an audit or examination by
 2956  the Department of Revenue or from information received from the
 2957  Office of Film and Entertainment, that an applicant received tax
 2958  credits pursuant to this section to which the applicant was not
 2959  entitled is grounds for forfeiture of previously claimed and
 2960  received tax credits. The applicant is responsible for returning
 2961  forfeited tax credits to the Department of Revenue, and such
 2962  funds shall be paid into the General Revenue Fund of the state.
 2963  Tax credits purchased in good faith are not subject to
 2964  forfeiture unless the transferee submitted fraudulent
 2965  information in the purchase or failed to meet the requirements
 2966  in subsection (5).
 2967         (d) Fraudulent claims.—Any applicant that submits
 2968  fraudulent information under this section is liable for
 2969  reimbursement of the reasonable costs and fees associated with
 2970  the review, processing, investigation, and prosecution of the
 2971  fraudulent claim. An applicant that obtains a credit payment
 2972  under this section through a claim that is fraudulent is liable
 2973  for reimbursement of the credit amount plus a penalty in an
 2974  amount double the credit amount. The penalty is in addition to
 2975  any criminal penalty to which the applicant is liable for the
 2976  same acts. The applicant is also liable for costs and fees
 2977  incurred by the state in investigating and prosecuting the
 2978  fraudulent claim.
 2979         (9) ANNUAL REPORT.—Each October 1, the Office of Film and
 2980  Entertainment shall provide an annual report for the previous
 2981  fiscal year to the Governor, the President of the Senate, and
 2982  the Speaker of the House of Representatives which outlines the
 2983  return on investment and economic benefits to the state.
 2984         (10) REPEAL.—This section is repealed July 1, 2015, except
 2985  that the tax credit carryforward provided in this section shall
 2986  continue to be valid for the period specified.
 2987         Section 20. Effective July 1, 2010, subsection (5) of
 2988  section 288.1258, Florida Statutes, is amended to read:
 2989         288.1258 Entertainment industry qualified production
 2990  companies; application procedure; categories; duties of the
 2991  Department of Revenue; records and reports.—
 2992         (5) RELATIONSHIP OF TAX EXEMPTIONS AND INCENTIVES TO
 2993  INDUSTRY GROWTH; REPORT TO THE LEGISLATURE.—The Office of Film
 2994  and Entertainment shall keep annual records from the information
 2995  provided on taxpayer applications for tax exemption certificates
 2996  beginning January 1, 2001. These records shall reflect a ratio
 2997  percentage comparison of the annual amount of funds exempted
 2998  sales and use tax exemptions under this section and incentives
 2999  awarded pursuant to s. 288.1284 to the estimated amount of funds
 3000  expended by certified productions, including productions that
 3001  received incentives pursuant to s. 288.1254 in relation to
 3002  entertainment industry products. These records also shall
 3003  reflect a separate ratio of the annual amount of sales and use
 3004  tax exemptions under this section, plus the incentives awarded
 3005  pursuant to s. 288.1254 to the estimated amount of funds
 3006  expended by certified productions. In addition, the office shall
 3007  maintain data showing annual growth in Florida-based
 3008  entertainment industry companies and entertainment industry
 3009  employment and wages. The Office of Film and Entertainment shall
 3010  report this information to the Legislature by no later than
 3011  December 1 of each year.
 3012         Section 21. Effective July 1, 2010, section 288.9552,
 3013  Florida Statutes, is created to read:
 3014         288.9552Florida Research Commercialization Matching Grant
 3015  Program.—
 3016         (1)PURPOSE; GOALS AND OBJECTIVES; CREATION OF PROGRAM.—
 3017         (a)The purpose of the Florida Research Commercialization
 3018  Matching Grant Program is to increase the amount of federal
 3019  funding to this state which will produce the kind of distinctive
 3020  technologies that drive today’s knowledge-based economy. By
 3021  leveraging federal, state, and private-sector resources, the
 3022  Legislature intends that program accelerate the innovation
 3023  process and more efficiently transform research results into
 3024  products in the marketplace.
 3025         (b)The matching grant program is specifically intended to
 3026  be a catalyst for small or startup companies that can take
 3027  advantage of federal and state partnerships in order to
 3028  accelerate their growth and market penetration by helping them
 3029  to overcome the funding gap faced by many small companies that
 3030  are based in this state. Specific goals and objectives of the
 3031  program include:
 3032         1.Increasing the amount of federal research moneys
 3033  received by small businesses in this state through awards from
 3034  the Small Business Innovation Research Program and the Small
 3035  Business Technology Transfer Program of the Office of Technology
 3036  of the United States Small Business Administration.
 3037         2.Accelerating the entry of new technology-based products
 3038  into the marketplace.
 3039         3.Producing additional technology-based jobs for the
 3040  state.
 3041         4.Providing leveraged resources to increase the
 3042  effectiveness and success of applicants’ projects.
 3043         5.Speeding commercialization of promising technologies.
 3044         6.Encouraging the establishment and growth of high
 3045  quality, advanced technology firms in the state.
 3046         7.Accelerating the rate of investment and enhancing the
 3047  state’s investment infrastructure.
 3048         (c)The Florida Research Commercialization Matching Grant
 3049  Program is created for the purpose of accomplishing the goals
 3050  and objectives specified in this section.
 3051         (2)ADMINISTRATION.—The Florida Institute for the
 3052  Commercialization of Public Research shall develop programmatic
 3053  policy, ensure statewide applicability of the matching grant
 3054  program, establish criteria for grant awards, approve grant
 3055  awards, and review program progress and results.
 3056         (3)ELIGIBILITY GUIDELINES.—A qualified applicant must:
 3057         (a)Be a business entity that is registered with the
 3058  Secretary of State to operate in this state. The qualified
 3059  applicant must also have its primary office and a majority of
 3060  its employees domiciled in Florida, and its principal research
 3061  activities must be conducted in the state.
 3062         (b)Be a small company for which a state matching grant is
 3063  necessary for project development and implementation.
 3064         (c)Have received a Phase I award under the federal Small
 3065  Business Innovation Research Program or Small Business
 3066  Technology Transfer Program and have received an invitation to
 3067  submit an application for a Phase II award. If a Phase II award
 3068  has already been issued, the end date of the federal award must
 3069  be identified and justification must be provided as to how these
 3070  additional funds will enhance, not supplant, the existing award.
 3071         (d)Use federal, local, and private resources to the
 3072  maximum extent possible. Total project funding shall demonstrate
 3073  that:
 3074         1.Private-sector investments offset the total cost of the
 3075  project; and
 3076         2.At least 75 percent of the project’s total funding is
 3077  from sources other than the state grant.
 3078         (e)Conduct the project funded by the matching grant
 3079  program in this state.
 3080         (4)PROGRAM ADMINISTRATOR.—Subject to appropriations, the
 3081  Florida Institute for the Commercialization of Public Research
 3082  shall serve as program administrator. The institute may contract
 3083  for the performance of a technology review and related functions
 3084  with a third party. Not more than 10 percent of a legislative
 3085  appropriation may be used for administrative purposes. The
 3086  responsibilities of the program administrator include, but are
 3087  not limited to:
 3088         (a)Coordinating and supporting the grant review, approval,
 3089  and contracting activities;
 3090         (b)Administering the grant-selection process, including,
 3091  but not limited to, issuing open-call requests for grant
 3092  applications and receiving, reviewing, and processing grant
 3093  applications;
 3094         (c)Serving as grant contract manager for recipients of a
 3095  matching grant;
 3096         (d)Reporting program progress and results; and
 3097         (e)Establishing a mechanism by which information regarding
 3098  grant projects may be made available to facilitate additional
 3099  investment by individual investors, investment for early start
 3100  up costs, or venture capital investment.
 3101         (5) APPLICATION REVIEW.—An application for a matching grant
 3102  award must be reviewed and approved or denied within 45 days
 3103  after receipt.
 3104         (6)FIDUCIARY.—The institute shall award a grant to a
 3105  qualified applicant if:
 3106         (a)The qualified applicant demonstrates that it has
 3107  obtained a Phase II award under the federal Small Business
 3108  Innovation Research Program or Small Business Technology
 3109  Transfer Program; and
 3110         (b)The qualified applicant executes a performance contract
 3111  with the institute.
 3112  
 3113  The institute shall release the grant to a qualified applicant
 3114  upon completion of all contract requirements.
 3115         (7)AWARDS.—The matching grant program may make one-time
 3116  awards of up to $250,000 per project to a qualified applicant.
 3117         (8) REPORTING.—Beginning December 1, 2011, and annually
 3118  thereafter, the institute shall transmit a report relating to
 3119  the grants awarded under the program to the Governor, the
 3120  President of the Senate, and the Speaker of the House of
 3121  Representatives for the previous fiscal year.
 3122         Section 22. Effective July 1, 2010, section 290.00677,
 3123  Florida Statutes, is amended to read:
 3124         290.00677 Rural enterprise zones; special qualifications.—
 3125         (1) Notwithstanding the enterprise zone residency
 3126  requirements set out in s. 212.096(1)(c), eligible businesses as
 3127  defined by s. 212.096(1)(a), located in rural enterprise zones
 3128  as defined by s. 290.004, may receive the basic minimum credit
 3129  provided under s. 212.096 for creating a new job and hiring a
 3130  person residing within the jurisdiction of a rural community
 3131  county, as defined by s. 288.106(2) s. 288.106(1)(r). All other
 3132  provisions of s. 212.096, including, but not limited to, those
 3133  relating to the award of enhanced credits, apply to such
 3134  businesses.
 3135         (2) Notwithstanding the enterprise zone residency
 3136  requirements set out in s. 220.03(1)(q), businesses as defined
 3137  by s. 220.03(1)(c), located in rural enterprise zones as defined
 3138  in s. 290.004, may receive the basic minimum credit provided
 3139  under s. 220.181 for creating a new job and hiring a person
 3140  residing within the jurisdiction of a rural community county, as
 3141  defined by s. 288.106(2) s. 288.106(1)(r). All other provisions
 3142  of s. 220.181, including, but not limited to, those relating to
 3143  the award of enhanced credits apply to such businesses.
 3144         Section 23. Effective July 1, 2010, section 373.4141,
 3145  Florida Statutes, is amended to read:
 3146         373.4141 Permits; processing.—
 3147         (1) The Legislature finds that it is in the best interests
 3148  of the state to expedite the processing of permits under this
 3149  part. Within 30 days after receipt of an application for a
 3150  permit under this part, the department or the water management
 3151  district shall review the application and shall request
 3152  submittal of all additional information the department or the
 3153  water management district is permitted by law to require. If the
 3154  applicant believes any request for additional information is not
 3155  authorized by law or rule, the applicant may request a hearing
 3156  pursuant to s. 120.57. Within 30 days after receipt of such
 3157  additional information, the department or water management
 3158  district shall review it and may request only that information
 3159  needed to clarify such additional information or to answer new
 3160  questions raised by or directly related to such additional
 3161  information. If the applicant believes the request of the
 3162  department or water management district for such additional
 3163  information is not authorized by law or rule, the department or
 3164  water management district, at the applicant’s request, shall
 3165  proceed to process the permit application.
 3166         (2)(a)An application for a permit under this part must
 3167  shall be approved or denied within 30 90 days after receipt of
 3168  the original application, the last item of timely requested
 3169  additional material, or the applicant’s written request to begin
 3170  processing the permit application. An application for a permit
 3171  that is not approved within 30 days is deemed approved by
 3172  default.
 3173         (b) A permit required by local government for an activity
 3174  that also requires a state permit under this part, shall be
 3175  approved or denied within 30 days after receipt of the original
 3176  application. An application for a local permit that is not
 3177  approved within 30 days is deemed approved by default.
 3178         (3) Processing of applications for permits for affordable
 3179  housing projects shall be expedited to a greater degree than
 3180  other projects.
 3181         Section 24. Effective July 1, 2010, section 373.441,
 3182  Florida Statutes, is amended to read:
 3183         373.441 Role of counties, municipalities, and local
 3184  pollution control programs in permit processing; delegation.—
 3185         (1) The department in consultation with the water
 3186  management districts shall, by December 1, 1994, adopt rules to
 3187  guide the participation of counties, municipalities, and local
 3188  pollution control programs in an efficient, streamlined
 3189  permitting system. Such rules shall seek to increase
 3190  governmental efficiency, shall maintain environmental standards,
 3191  and shall include consideration of the following:
 3192         (a) Provisions under which the environmental resource
 3193  permit program shall be delegated, upon approval of the
 3194  department and the appropriate water management districts, to a
 3195  county, municipality, or local pollution control program which
 3196  has the financial, technical, and administrative capabilities
 3197  and desire to implement and enforce the program;
 3198         (b) Provisions under which a locally delegated permit
 3199  program may have stricter environmental standards than state
 3200  standards;
 3201         (c) Provisions for identifying and reconciling any
 3202  duplicative permitting by January 1, 1995;
 3203         (d) Provisions for timely and cost-efficient notification
 3204  by the reviewing agency of permit applications, and permit
 3205  requirements, to counties, municipalities, local pollution
 3206  control programs, the department, or water management districts,
 3207  as appropriate;
 3208         (e) Provisions for ensuring the consistency of permit
 3209  applications with local comprehensive plans;
 3210         (f) Provisions for the partial delegation of the
 3211  environmental resource permit program to counties,
 3212  municipalities, or local pollution control programs, and
 3213  standards and criteria to be employed in the implementation of
 3214  such delegation by counties, municipalities, and local pollution
 3215  control programs;
 3216         (g) Special provisions under which the environmental
 3217  resource permit program may be delegated to counties having with
 3218  populations of 75,000 or fewer less, or municipalities with, or
 3219  local pollution control programs serving, populations of 50,000
 3220  or fewer less; and
 3221         (h) Provisions for the applicability of chapter 120 to
 3222  local government programs when the environmental resource permit
 3223  program is delegated to counties, municipalities, or local
 3224  pollution control programs; and
 3225         (i)Provisions for a local government to petition the
 3226  Governor and Cabinet for the review of a request for a
 3227  delegation of authority which has not been approved or denied
 3228  within 1 year after being initiated.
 3229         (2)Any denial by the department of a local government’s
 3230  request for a delegation of authority must provide specific
 3231  detail of those statutory or rule provisions that were not
 3232  satisfied. Such detail shall also include specific actions that
 3233  can be taken in order to allow for the delegation of authority.
 3234  A local government, upon being denied a request for a delegation
 3235  of authority, may petition the Governor and Cabinet for a review
 3236  of the request. The Governor and Cabinet may reverse the
 3237  decision of the department and may provide any necessary
 3238  conditions to allow the delegation of authority to occur.
 3239         (3)A county having a population of more than 75,000 or
 3240  more or a municipality having or local pollution control
 3241  programs serving populations of more than 50,000 must apply for
 3242  delegation of authority on or before June 1, 2011. A county,
 3243  municipality, or local pollution control programs that fails to
 3244  apply for delegation of authority may not require permits that
 3245  in part or in full are substantially similar to the requirements
 3246  needed to obtain an environmental resource permit.
 3247         (4)(2) Nothing in this section affects or modifies land
 3248  development regulations adopted by a local government to
 3249  implement its comprehensive plan pursuant to chapter 163.
 3250         (5)(3) The department shall review environmental resource
 3251  permit applications for electrical distribution and transmission
 3252  lines and other facilities related to the production,
 3253  transmission, and distribution of electricity which are not
 3254  certified under ss. 403.52-403.5365, the Florida Electric
 3255  Transmission Line Siting Act, regulated under this part.
 3256         Section 25. Effective July 1, 2010, subsection (41) is
 3257  added to section 403.061, Florida Statutes, to read:
 3258         403.061 Department; powers and duties.—The department shall
 3259  have the power and the duty to control and prohibit pollution of
 3260  air and water in accordance with the law and rules adopted and
 3261  promulgated by it and, for this purpose, to:
 3262         (41) Expand the use of online self-certification for
 3263  appropriate exemptions and general permits issued by the
 3264  department or the water management districts if such expansion
 3265  is economically feasible. Notwithstanding any other provisions
 3266  of law, a local government may not specify the method or form
 3267  for documenting that a project qualifies for an exemption or
 3268  meets the requirements for a permit under chapter 161, chapter
 3269  253, chapter 373, or this chapter. This preclusion of local
 3270  government authority extends to Internet-based department
 3271  programs that provide for self-certification.
 3272  
 3273  The department shall implement such programs in conjunction with
 3274  its other powers and duties and shall place special emphasis on
 3275  reducing and eliminating contamination that presents a threat to
 3276  humans, animals or plants, or to the environment.
 3277         Section 26. Effective July 1, 2010, subsection (12) is
 3278  added to section 403.814, Florida Statutes, to read:
 3279         403.814 General permits; delegation.—
 3280         (12) A general permit is granted for the construction,
 3281  alteration, and maintenance of a surface water management system
 3282  serving a total project area of up to 40 acres. The construction
 3283  of such a system may proceed without any agency action by the
 3284  department or water management district if:
 3285         (a)The surface water management system design plans and
 3286  calculations are signed and sealed by a professional engineer
 3287  licensed under chapter 471;
 3288         (b)The system will not be located in surface waters or
 3289  wetlands, as delineated in s. 373.421(1);
 3290         (c)The system will not cause adverse water quantity
 3291  impacts to receiving waters and adjacent lands, as provided by
 3292  department or district rule;
 3293         (d)The system will not cause adverse flooding to onsite or
 3294  off-site property, as provided by department or district rule;
 3295         (e)The system will not cause adverse impacts to existing
 3296  surface water storage and conveyance capabilities, as provided
 3297  by department or district rule;
 3298         (f)The system will not adversely affect the quality of
 3299  receiving waters such that the standards applicable to waters as
 3300  defined in s. 403.031(13), including any special standards for
 3301  Outstanding Florida Waters, will be violated, as provided by
 3302  department or district rule;
 3303         (g)The system will not adversely impact the maintenance of
 3304  surface or ground water levels or surface water flows
 3305  established pursuant to s. 373.042, as provided by department or
 3306  district rule;
 3307         (h)The system will not cause adverse impacts to a work of
 3308  the district established pursuant to s. 373.086, as provided by
 3309  department or district rule;
 3310         (i)The system will not be part of a larger plan of
 3311  development or sale;
 3312         (j)The system will comply with all applicable NPDES
 3313  requirements, as implemented by department or district rule; and
 3314         (k)Within 10 days after the commencement of construction
 3315  of the surface water management system, the professional
 3316  engineer who is responsible for the design provides written
 3317  notice of the commencement of construction to the department or
 3318  district.
 3319         Section 27. The Office of Program Policy Analysis and
 3320  Government Accountability shall review and evaluate the Florida
 3321  Enterprise Zone Program in ss. 290.001-290.014, Florida
 3322  Statutes, over the 2010 interim, and submit a report of its
 3323  findings and recommendations to the Governor, the President of
 3324  the Senate, and the Speaker of the House of Representatives by
 3325  January 11, 2011. The review shall include, but need not be
 3326  limited to: how the program has changed over the years since it
 3327  was created; whether the program is effectively and efficiently
 3328  addressing the issues that precipitated its creation; the direct
 3329  and indirect costs of the program to the state and local
 3330  governments that participate; whether the program’s tax
 3331  incentives are effectively designed to benefit economically
 3332  distressed or high-poverty areas and their residents and
 3333  business owners; and whether the application, review, and
 3334  approval processes are transparent, effective, and efficient.
 3335         Section 28. Funds in Specific Appropriation 2649 of chapter
 3336  2008-152, Laws of Florida, for Space and Aerospace
 3337  Infrastructure to make improvements to Launch Complex 36 on the
 3338  45th Space Wing property may also be used for improvements to
 3339  other launch complexes and space transportation facilities in
 3340  order to attract new space vehicle testing and launch businesses
 3341  to the state; to address intermodal requirements and impacts of
 3342  the launch ranges, spaceports, and other space transportation
 3343  facilities; and to assist in the development of joint-use
 3344  facilities and technology that support aviation and aerospace
 3345  operations, including high-altitude and suborbital flights and
 3346  range technology development.
 3347         Section 29. Effective July 1, 2010, the following
 3348  appropriations for the 2010-2011 state fiscal year are
 3349  authorized:
 3350         (1)To the Office of Tourism, Trade, and Economic
 3351  Development within the Office of the Governor, the sum of
 3352  $3,839,943 in nonrecurring funds from the General Revenue Fund
 3353  to fund the operations of Space Florida.
 3354         (2)To the Space Business Investment and Financial Services
 3355  Trust Fund, the sum of $10 million in nonrecurring funds from
 3356  the General Revenue Fund. Notwithstanding s. 216.301 and
 3357  pursuant to s. 216.351, any remaining funds from this
 3358  appropriation as of June 30, 2011, shall remain in the trust
 3359  fund and be available for carrying out the purpose of the trust
 3360  fund.
 3361         (3)To the Office of Tourism, Trade, and Economic
 3362  Development within the Office of the Governor, the sum of $3
 3363  million in nonrecurring general revenue for the exclusive
 3364  purpose of providing targeted-business-development support
 3365  services and business recruitment through Space Florida.
 3366  Activities and services may include securing federal programs
 3367  and processes, identifying and securing new contract and grant
 3368  opportunities for Florida businesses, assisting businesses in
 3369  establishing operations, securing necessary qualifications and
 3370  approvals, obtaining capital, and engaging company and federal
 3371  officials to site new program elements including research,
 3372  design, testing, and manufacturing work packages in Florida.
 3373  Emphasis will be placed on assisting small- to medium-sized
 3374  businesses on a statewide basis. These funds may not be used for
 3375  administrative or operational costs of Space Florida.
 3376         (4)To the Office of Tourism, Trade and Economic
 3377  Development within the Office of the Governor, the sum of $3.2
 3378  million in nonrecurring general revenue exclusively for Space
 3379  Florida to retrain workers as the result of the retirement of
 3380  the Space Shuttle Program.
 3381         Section 30. (1)The Legislature finds that it is in the
 3382  best interests of the state to identify surplus properties and
 3383  dispose of properties owned by the state which are unnecessary
 3384  to achieving the state’s responsibilities, which may cost more
 3385  to maintain than the revenue generated, and which serve no
 3386  public purpose.
 3387         (2)On or before July 1, 2010, and annually thereafter, all
 3388  state agencies owning or operating state-owned real property
 3389  shall submit inventory data to the Department of Environmental
 3390  Protection in a format as prescribed by the department.
 3391         (3)By October 1, 2010, and annually thereafter, the
 3392  Department of Environmental Protection shall submit to the
 3393  Governor, the President of the Senate, and the Speaker of the
 3394  House of Representatives a report that lists state-owned real
 3395  property recommended for disposition.
 3396         (4)Consistent with federal law and any bond covenants, the
 3397  proceeds of the sale of real property under this section shall
 3398  be deposited in the General Revenue Fund to be used, to the
 3399  extent practical, for activities supporting economic development
 3400  or as directed by the Legislature.
 3401         Section 31. Before the 2013 Regular Session of the
 3402  Legislature, the Office of Program Policy Analysis and
 3403  Government Accountability shall conduct a review and evaluation
 3404  of the effectiveness and viability of the Florida Research
 3405  Commercialization Matching Grant Program. The office shall
 3406  specifically evaluate the use of federal grants and private
 3407  investment and the creation of new businesses and jobs. The
 3408  office shall also recommend outcome measures for further
 3409  evaluation of the program. The office shall submit a report of
 3410  its findings and recommendations to the Governor, the President
 3411  of the Senate, and the Speaker of the House of Representatives
 3412  by January 15, 2013.
 3413         Section 32. Notwithstanding any final declaration by a
 3414  court of this state that chapter 2009-96, Laws of Florida, or
 3415  any portion of such law is invalid, the following actions shall,
 3416  if taken prior to such final judicial declaration of invalidity,
 3417  remain valid and continue in effect:
 3418         (1)Any exemption granted for any project for which an
 3419  application for development approval has been approved or filed
 3420  pursuant to s. 380.06, Florida Statutes, or for which a complete
 3421  development application or rescission request has been approved
 3422  or is pending and the application or rescission process is
 3423  continuing in good faith, within a development that is located
 3424  within an area that qualifies for an exemption under s. 380.06,
 3425  Florida Statutes, as amended by chapter 2009-96, Laws of
 3426  Florida.
 3427         (2)Any 2-year extension authorized pursuant to section 14
 3428  of chapter 2009-96, Laws of Florida.
 3429         (3)Any amendment to a local comprehensive plan adopted
 3430  pursuant to s. 163.3184, Florida Statutes, as amended by chapter
 3431  2009-96, Laws of Florida, and legally in effect to authorize and
 3432  implement a transportation concurrency exception area pursuant
 3433  to s. 163.3180, Florida Statutes, as amended by chapter 2009-96,
 3434  Laws of Florida.
 3435         Section 33. (1) Except as provided in subsection (4), a
 3436  development order issued by a local government, building permit,
 3437  permit issued by the Department of Environmental Protection, or
 3438  permit issued by a water management district pursuant to part IV
 3439  of chapter 373, Florida Statutes, which has an expiration date
 3440  from September 1, 2008, through January 1, 2012, is extended and
 3441  renewed for a period of 2 years following its previously
 3442  scheduled date of expiration. This 2-year extension also applies
 3443  to build-out dates including any extension of build-out date
 3444  that was granted previously under s. 380.06(19)(c), Florida
 3445  Statutes. This section does not prohibit conversion from the
 3446  construction phase to the operation phase upon completion of
 3447  construction. This extension is in addition to a 2-year permit
 3448  extension under s. 14 of chapter 2009-96, Laws of Florida.
 3449         (2)The commencement and completion dates for any required
 3450  mitigation associated with a phased construction project are
 3451  extended such that mitigation takes place in the same timeframe
 3452  relative to the phase as originally permitted.
 3453         (3)The holder of a valid permit or other authorization
 3454  that is eligible for the 2-year extension must notify the
 3455  authorizing agency in writing by December 31, 2010, identifying
 3456  the specific authorization for which the holder intends to use
 3457  the extension and the anticipated timeframe for acting on the
 3458  authorization.
 3459         (4)The extension provided for in subsection (1) does not
 3460  apply to:
 3461         (a) A permit or other authorization under any programmatic
 3462  or regional general permit issued by the Army Corps of
 3463  Engineers.
 3464         (b) A permit or other authorization held by an owner or
 3465  operator determined to be in significant noncompliance with the
 3466  conditions of the permit or authorization as established through
 3467  the issuance of a warning letter or notice of violation, the
 3468  initiation of formal enforcement, or other equivalent action by
 3469  the authorizing agency.
 3470         (c) A permit or other authorization, if granted an
 3471  extension that would delay or prevent compliance with a court
 3472  order.
 3473         (5) Permits extended under this section shall continue to
 3474  be governed by rules in effect at the time the permit was
 3475  issued, except if it can be demonstrated that the rules in
 3476  effect at the time the permit was issued would create an
 3477  immediate threat to public safety or health. This provision
 3478  applies to any modification of the plans, terms, and conditions
 3479  of the permit which lessens the environmental impact, except
 3480  that any such modification does not extend the time limit beyond
 3481  2 additional years.
 3482         (6) This section does not impair the authority of a county
 3483  or municipality to require the owner of a property that has
 3484  notified the county or municipality of the owner’s intention to
 3485  receive the extension of time granted by this section to
 3486  maintain and secure the property in a safe and sanitary
 3487  condition in compliance with applicable laws and ordinances.
 3488         Section 34. Section 47 of chapter 2009-82, Laws of Florida,
 3489  is amended to read:
 3490         Section 47. In order to implement Specific Appropriation
 3491  1570 of the 2009-2010 General Appropriations Act:
 3492         (1) The intent of the Legislature is to ensure that
 3493  residents of the state derive the maximum possible economic
 3494  benefit from the federal first-time homebuyer tax credit created
 3495  through The American Recovery and Reinvestment Act of 2009 by
 3496  providing subordinate down payment assistance loans to first
 3497  time homebuyers for owner-occupied primary residences which can
 3498  be repaid by the income tax refund the homebuyer is entitled to
 3499  under the First Time Homebuyer Credit. The state program shall
 3500  be called the “Florida Homebuyer Opportunity Program.”
 3501         (2) The Florida Housing Finance Corporation shall
 3502  administer the Florida Homebuyer Opportunity Program to optimize
 3503  eligibility for conventional, VA, USDA, FHA, and other loan
 3504  programs through the State Housing Initiatives Partnership
 3505  program in accordance with ss. 420.907-420.9079, Florida
 3506  Statutes, and the provisions of this section.
 3507         (3) Prior to December 1, 2009, or any later date
 3508  established by the Internal Revenue Service for such purchases,
 3509  counties and eligible municipalities receiving funds shall
 3510  expend the funds appropriated under Specific Appropriation 1570A
 3511  only to provide subordinate loans to prospective first-time
 3512  homebuyers under the Florida Homebuyer Opportunity Program
 3513  pursuant to this section, except that up to 10 percent of such
 3514  funds may be used to cover administrative expenses of the
 3515  counties and eligible municipalities to implement the Florida
 3516  Homebuyer Opportunity Program, and not more than .25 percent may
 3517  be used to compensate the Florida Housing Finance Corporation
 3518  for the expenses associated with compliance monitoring. The
 3519  funds appropriated under Specific Appropriation 1570A may not be
 3520  used for any other program currently existing under ss. 420.907
 3521  420.9079, Florida Statutes. Thereafter, the funds shall be
 3522  expended in accordance with ss. 420.907-420.9079, Florida
 3523  Statutes.
 3524         (4) Notwithstanding s. 420.9075, Florida Statutes, for
 3525  purposes of the Florida Homebuyer Opportunity Program, the
 3526  following exceptions shall apply:
 3527         (a) The maximum income limit shall be an adjusted gross
 3528  income of $75,000 for single taxpayer households or $150,000 for
 3529  joint-filing taxpayer households, which is equal to that
 3530  permitted by the American Recovery and Reinvestment Act of 2009;
 3531         (b) There is no requirement to reserve 30 percent of the
 3532  funds for awards to very-low-income persons or 30 percent of the
 3533  funds for awards to low-income persons;
 3534         (c) There is no requirement to expend 75 percent of funds
 3535  for construction, rehabilitation, or emergency repair; and
 3536         (d) The principal balance of the loans provided may not
 3537  exceed 10 percent of the purchase price or $8,000, whichever is
 3538  less.
 3539         (5) Funds shall be expended under a newly created strategy
 3540  in the local housing assistance plan to implement the Florida
 3541  Homebuyer Opportunity Program.
 3542         (6) The homebuyer shall be expected to use their federal
 3543  income tax refund to fully repay the loan. If the county or
 3544  eligible municipality receives repayment from the homebuyer
 3545  within 18 months after the closing date of the loan, the county
 3546  or eligible municipality shall waive all interest charges. A
 3547  homebuyer who fails to fully repay the loan within the earlier
 3548  of 18 months or 10 days after the receipt of their federal
 3549  income tax refund, shall be subject to repayment terms provided
 3550  in the local housing assistance plan, including penalties for
 3551  not using his or her refund for repayment. Penalties may not
 3552  exceed 10 percent of the loan amount and shall be included in
 3553  the loan agreement with the homebuyer.
 3554         (7) All funds repaid to a county or eligible municipality
 3555  shall be considered “program income” as defined in s.
 3556  420.9071(24), Florida Statutes.
 3557         (8) In order to maximize the effect of the funding, the
 3558  counties and eligible municipalities are encouraged to work with
 3559  private lenders to provide additional funds to support the
 3560  initiative. However, in all instances, the counties and eligible
 3561  municipalities shall make and hold the subordinate loan.
 3562         (9) This section expires July 1, 2011 2010.
 3563         Section 35. Preference to Florida residents.—
 3564         (1) Each contract for construction which is funded by state
 3565  funds must contain a provision requiring the contractor to give
 3566  preference to the employment of state residents in the
 3567  performance of the work on the project if state residents have
 3568  substantially equal qualifications to those of nonresidents. A
 3569  contract for construction funded by local funds may contain such
 3570  a provision.
 3571         (a) As used in this section, “substantially equal
 3572  qualifications” means the qualifications of two or more persons
 3573  among whom the employer cannot make a reasonable determination
 3574  that the qualifications held by one person are better suited for
 3575  the position than the qualifications held by the other parties.
 3576         (b) A contractor required to employ Florida residents must
 3577  contact the Agency for Workforce Innovation to post the
 3578  contractor’s employment needs in the state’s job bank system.
 3579         (2) No contract shall be let to any person refusing to
 3580  execute an agreement containing the aforementioned provisions.
 3581  However, in work involving the expenditure of federal aid funds,
 3582  this section may not be enforced in such a manner as to conflict
 3583  with or be contrary to federal law prescribing a labor
 3584  preference to honorably discharged soldiers, sailors, and
 3585  marines, or prohibiting as unlawful any other preference or
 3586  discrimination among the citizens of the United States.
 3587         Section 36. The sum of $10 million is appropriated from the
 3588  General Revenue Fund to the Florida Institute for the
 3589  Commercialization of Public Research for the 2010-2011 fiscal
 3590  year to fund the Phase I Florida Research Commercialization
 3591  Matching Grants authorized in s. 288.9552, Florida Statutes.
 3592         Section 37. Subject to an appropriation by the Legislature,
 3593  funds shall be made available to the Board of Governors of the
 3594  State University System from the General Revenue Fund solely to
 3595  provide early stage seed-capital funding to proposals applying
 3596  for the State University Research Commercialization Assistance
 3597  Grant Program created by s. 2 of chapter 2007-189, Laws of
 3598  Florida. Funds must be disbursed by the Board of Governors
 3599  pursuant to grant agreements and contracts by the Florida
 3600  Technology, Research, and Scholarship Board.
 3601         Section 38. The sum of $5 million in nonrecurring general
 3602  revenue shall be provided to the Florida Export Finance
 3603  Corporation for the purpose of capitalizing a self-sustaining
 3604  cash collateral fund to be available to lenders participating in
 3605  the corporation’s existing loan guarantee program. The cash
 3606  collateral fund must complement the corporation’s existing loan
 3607  and loan guarantee programs and otherwise comply with the
 3608  requirements of part V of chapter 288, Florida Statutes.
 3609         Section 39. The Legislature finds that this act fulfills an
 3610  important state interest.
 3611         Section 40. If any provision of this act or the application
 3612  thereof to any person or circumstance is held invalid, the
 3613  invalidity does not affect other provisions or applications of
 3614  this act which can be given effect without the invalid provision
 3615  or application, and to this end the provisions of this act are
 3616  severable.
 3617         Section 41. Except as otherwise expressly provided in this
 3618  act, this act shall take effect upon becoming a law.

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