October 20, 2019
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       ENROLLED
       2010 Legislature                   CS for SB 1752, 2nd Engrossed
       
       
       
       
       
       
                                                             20101752er
    1  
    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         or successor entity; amending s. 166.021, F.S.;
   12         requiring an agency or entity that receives municipal
   13         funds for economic development purposes pursuant to a
   14         contract to submit a report on the use of the funds;
   15         requiring the municipality to include the report in
   16         its annual financial audit; requiring municipalities
   17         to report on the provision of economic development
   18         incentives to businesses to the Legislative Committee
   19         on Intergovernmental Relations or successor entity;
   20         amending s. 196.1995, F.S.; authorizing counties and
   21         municipalities to extend economic development ad
   22         valorem tax exemptions under certain circumstances;
   23         amending s. 212.02, F.S.; defining the term
   24         “fractional aircraft ownership program”; amending s.
   25         212.031, F.S.; providing a partial exemption from the
   26         tax on renting, leasing, letting, or granting a
   27         license for the use of real property for property
   28         rented, leased, subleased, or licensed to a person
   29         providing certain services at convention halls, civic
   30         centers, or public lodging establishments; providing
   31         for application only to certain portions of payments;
   32         providing for retroactive application; amending s.
   33         212.04, F.S.; extending certain exemptions from the
   34         admissions tax; expanding an exemption for admissions
   35         to certain professional sporting events; amending s.
   36         212.05, F.S.; deleting a requirement that a certain
   37         penalty is mandatory and not waivable by the
   38         Department of Revenue; deleting authorization to
   39         return certain aircraft to the state for repairs
   40         without liability for taxes and penalty under certain
   41         circumstances; imposing a maximum limitation on the
   42         amount of tax collected on sales of boats in this
   43         state; creating s. 212.0597, F.S.; providing a maximum
   44         tax on the sale or use of fractional aircraft
   45         ownership interests; amending s. 212.08, F.S.;
   46         redefining the terms “real property” and
   47         “rehabilitation of real property” for purposes of the
   48         sales tax exemption on certain building materials used
   49         in the rehabilitation of real property used in an
   50         enterprise zone; specifying procedures to claim a
   51         sales tax credit under the entertainment industry
   52         financial incentive program; providing an exemption
   53         from the use tax for an aircraft that temporarily
   54         enters the state or is temporarily in the state for
   55         certain purposes; requiring documentation that
   56         identifies the aircraft in order to qualify for the
   57         exemption; providing that the exemption is in addition
   58         to certain other exemptions; providing tax exemptions
   59         on the sale or use of aircraft primarily used in a
   60         fractional aircraft ownership program and for the
   61         parts and labor used in the maintenance, repair, and
   62         overhaul of such aircraft; authorizing the department
   63         to adopt rules; amending s. 213.053, F.S.; authorizing
   64         the Department of Revenue to provide tax credit
   65         information to the Office of Film and Entertainment
   66         and the Office of Tourism, Trade, and Economic
   67         Development; amending s. 220.02, F.S.; providing for
   68         tax credits pursuant to the entertainment industry
   69         financial incentive program and the jobs for the
   70         unemployed tax credit program to be taken against the
   71         corporate income tax or the franchise tax after other
   72         existing credits are taken; amending s. 220.13, F.S.;
   73         revising the calculation of additions to adjusted
   74         federal income; creating s. 220.1896, F.S.; creating
   75         the jobs for the unemployed tax credit program to
   76         provide a tax credit to certain businesses that employ
   77         certain individuals who were previously unemployed
   78         after a certain date; providing for applications for
   79         certification under the program to be reviewed by
   80         Enterprise Florida, Inc., and the Office of Tourism,
   81         Trade, and Economic Development; providing criminal
   82         penalties for fraudulent claims of a tax credit;
   83         authorizing the Office of Tourism, Trade, and Economic
   84         Development and the Department of Revenue to adopt
   85         rules; providing for the expiration of the tax credit
   86         program; creating s. 220.1899, F.S.; providing for
   87         credits against the corporate income tax in the
   88         amounts awarded under the entertainment industry
   89         financial incentive program; providing for
   90         carryforward of the tax credits under certain
   91         circumstances; amending s. 288.018, F.S.; revising the
   92         allowable uses for matching grants awarded under the
   93         Regional Rural Development Grants Program; creating s.
   94         288.0659, F.S.; creating the Local Government
   95         Distressed Area Matching Grant Program within the
   96         Office of Tourism, Trade, and Economic Development;
   97         providing a program purpose; providing definitions;
   98         authorizing the office to accept and administer
   99         appropriated moneys to provide local government
  100         distressed area matching grants; authorizing local
  101         governments to apply for grants to match qualified
  102         business assistance; providing qualifying requirements
  103         for targeted businesses; specifying evaluation
  104         criteria for reviewing grant requests; subjecting
  105         grant approval to legislative appropriation; providing
  106         limitations on expending funds; providing procedures
  107         for approving grant allocations or disapproving
  108         application; providing a process for making
  109         preliminary and final grant awards; providing
  110         requirements for grant recipients; providing for
  111         revocation of grants; limiting the grant amount for
  112         the qualified business assistance; authorizing the
  113         office to retain certain funds for administrative
  114         costs; amending s. 288.1045, F.S.; revising the
  115         definition of the term “jobs” for purposes of the
  116         qualified defense contractor and space flight business
  117         tax refund program; amending s. 288.106, F.S.;
  118         revising definitions, refund amounts, eligibility,
  119         requirements, and procedures for the tax refund
  120         program for qualified target industry businesses;
  121         amending s. 288.107, F.S.; revising the definition of
  122         the term “jobs” for purposes of brownfield
  123         redevelopment bonus refunds; correcting a cross
  124         reference; amending s. 288.108, F.S.; revising the
  125         definitions of the terms “eligible high-impact
  126         business” and “jobs” for purposes of high-impact
  127         sector performance grants; revising the guidelines for
  128         negotiating the award of high-impact sector
  129         performance grants; creating s. 288.1083, F.S.;
  130         creating the Manufacturing and Spaceport Investment
  131         Incentive Program within the Office of Tourism, Trade
  132         and Economic Development; providing a purpose;
  133         providing definitions; providing for refunds of sales
  134         and use taxes paid on certain equipment purchases;
  135         providing for allocation of refunds by the office;
  136         limiting the amount of individual refunds; providing
  137         application requirements and procedures; providing for
  138         priority of allocations; providing requirements and
  139         procedures for certification of refunds for eligible
  140         equipment purchases; providing procedures for
  141         allocating surplus amounts; providing refund
  142         limitations; requiring the office to adopt emergency
  143         rules; authorizing the office to establish guideline
  144         for demonstrating certain purchases; providing for
  145         future repeal; amending s. 288.1088, F.S.; revising
  146         the process for legislative consultation and review of
  147         Quick Action Closing Fund projects; authorizing
  148         certain Quick Action Closing Fund businesses to
  149         request renegotiation of their contracts; providing
  150         for review and approval of the requests; providing for
  151         the return of funds under certain circumstances;
  152         providing for the reappropriation of returned funds;
  153         providing for expiration; requiring that certain funds
  154         be placed in reserve; providing for the release of
  155         funds; providing for the reversion of funds; amending
  156         s. 288.1089, F.S.; revising the definitions of the
  157         term “jobs” for purposes of the Innovation Incentive
  158         Program; amending s. 288.125, F.S.; redefining the
  159         term “entertainment industry” to include digital media
  160         projects; amending s. 288.1251, F.S.; requiring the
  161         Office of Film and Entertainment to update its
  162         strategic plan every 5 years; deleting requirements
  163         for the Office of Film and Entertainment to represent
  164         certain decisionmakers within the entertainment
  165         industry and to act as a liaison between entertainment
  166         industry producers and labor organizations; amending
  167         s. 288.1252, F.S.; deleting obsolete provisions;
  168         deleting the requirement for the Commissioner of Film
  169         and Entertainment and a representative of the Florida
  170         Tourism Marketing Council to serve as ex officio
  171         members of the Film and Entertainment Advisory
  172         Council; amending s. 288.1253, F.S.; eliminating
  173         provisions authorizing the payment of travel expenses
  174         to persons other than employees of the Office of Film
  175         and Entertainment, the Governor and Lieutenant
  176         Governor, and security staff; providing for the
  177         payment of travel expenses through reimbursements;
  178         amending s. 288.1254, F.S.; revising the entertainment
  179         industry financial incentive program to provide
  180         corporate income tax and sales and use tax credits to
  181         qualified entertainment entities rather than
  182         reimbursements from appropriations; revising
  183         provisions relating to definitions, creation and
  184         scope, application procedures, approval process,
  185         eligibility, required documents, qualified and
  186         certified productions, and annual reports; providing
  187         duties and responsibilities of the Office of Film and
  188         Entertainment, the Office of Tourism, Trade, and
  189         Economic Development, and the Department of Revenue
  190         relating to the tax credits; providing criteria and
  191         limitations for awards of tax credits; providing for
  192         uses, allocations, election, distributions, and
  193         carryforward of the tax credits; providing for
  194         withdrawal of tax credit eligibility; providing for
  195         use of consolidated returns; providing for partnership
  196         and noncorporate distributions of tax credits;
  197         providing for succession of tax credits; providing for
  198         relinquishment of tax credits; providing requirements
  199         for transfer of tax credits; authorizing the Office of
  200         Tourism, Trade, and Economic Development to adopt
  201         rules, policies, and procedures; authorizing the
  202         Department of Revenue to adopt rules and conduct
  203         audits; providing for revocation and forfeiture of tax
  204         credits; providing liability for reimbursement of
  205         certain costs and fees associated with a fraudulent
  206         claim; requiring an annual report to the Governor and
  207         the Legislature; providing for future repeal; amending
  208         s. 288.1258, F.S.; requiring the Office of Film and
  209         Entertainment to include in its records certain ratios
  210         of tax exemptions and incentives to the estimated
  211         funds expended by a certified production; creating s.
  212         288.9552, F.S.; creating the Florida Research
  213         Commercialization Matching Grant Program; providing
  214         program purposes, goals and objectives; providing for
  215         administration of the program by the Florida Institute
  216         for the Commercialization of Public Research;
  217         providing eligibility guidelines; providing
  218         application guidelines; providing peer review
  219         guidelines; providing responsibilities of the program
  220         administrator; providing application review
  221         requirements and procedures; providing for grant
  222         awards; providing reporting requirements; providing
  223         for expiration unless reviewed and reenacted; amending
  224         s. 288.9625, F.S.; revising the purpose of the
  225         Institute for the Commercialization of Public
  226         Research; deleting a requirement that Enterprise
  227         Florida, Inc., contract with a state university to
  228         fulfill the purposes of the institute; revising the
  229         institute’s powers and duties; requiring the institute
  230         to administer a matching grant program to provide
  231         financial assistance for certain early stage
  232         companies; amending ss. 14.2015, 212.20, and 218.64,
  233         F.S., relating to the Office of Tourism, Trade, and
  234         Economic Development, the distribution of certain tax
  235         proceeds, and the allocation of a portion of the local
  236         government half-cent sales tax; conforming provisions
  237         to changes made by the act; conforming cross
  238         references; amending s. 288.1162, F.S.; deleting
  239         provisions relating to the certification and funding
  240         of facilities for spring training baseball franchises;
  241         authorizing the Auditor General to conduct audits to
  242         verify whether certain funds for professional sports
  243         franchises are used as required by law; requiring the
  244         Auditor General to notify the Department of Revenue if
  245         the funds are not used as required by law; creating s.
  246         288.11621, F.S.; authorizing certain units of local
  247         government to apply for certification to receive state
  248         funding for a facility for a spring training
  249         franchise; providing definitions; providing
  250         eligibility requirements; providing criteria to
  251         competitively evaluate applications for certification;
  252         requiring a certified applicant to use the funds
  253         awarded for specified public purposes and place
  254         unexpended funds in a trust fund or separate account;
  255         authorizing a certified applicant to request a
  256         suspension of the distribution of funds for a
  257         specified period under certain circumstances;
  258         requiring the expenditure of funds by certain
  259         certified applicants within a specified period;
  260         requiring the completion of certain spring training
  261         facility projects within a specified period; requiring
  262         certified applicants to submit annual reports to the
  263         Office of Tourism, Trade, and Economic Development;
  264         requiring the office to decertify applicants under
  265         certain circumstances; providing for delay in
  266         decertification proceedings for local governments
  267         certified before a specified date under certain
  268         circumstances; providing for review of the office’s
  269         notice of intent to decertify an applicant; requiring
  270         an applicant to repay unencumbered state funds and
  271         interest after decertification; specifying
  272         circumstances under which a certified applicant that
  273         is a local government may not be decertified under
  274         certain circumstances; requiring the office to develop
  275         a strategic plan relating to baseball spring training
  276         activities; requiring the office to adopt rules;
  277         authorizing the Auditor General to conduct audits to
  278         verify whether certified funds for baseball spring
  279         training facilities are used as required by law;
  280         requiring the Auditor General to notify the Department
  281         of Revenue if the funds are not used as required by
  282         law; amending s. 288.1229, F.S.; providing that the
  283         Office of Tourism, Trade, and Economic Development may
  284         authorize a direct-support organization to assist in
  285         the retention of professional sports franchises;
  286         recognizing the validity of specified agreements under
  287         certain circumstances; amending s. 288.9913, F.S.;
  288         revising the definition of the term “qualified active
  289         low-income community business” for purposes of the New
  290         Markets Development Program Act; amending s. 288.9920,
  291         F.S.; extending the period within which a qualified
  292         community development entity may cure an investment
  293         deficiency; limiting the number of corrections
  294         permitted for qualified equity investments; amending
  295         s. 373.441, F.S.; revising provisions relating to
  296         adoption of rules relating to permitting; requiring
  297         the Department of Environmental Protection to adopt
  298         rules that authorize a local government to petition
  299         the Governor and Cabinet for certain delegation
  300         requests; requiring the Department of Environmental
  301         Protection to detail the statutes or rules that were
  302         not satisfied by a local government that made a
  303         request for delegation and to detail actions that
  304         could be taken to allow for delegation; authorizing a
  305         local government to petition the Governor and Cabinet
  306         to review the denial of a delegation request;
  307         providing for approval of a delegation of authority
  308         that meets the requirements of certain rule
  309         provisions; amending s. 403.061, F.S.; directing the
  310         Department of Environmental Protection to expand the
  311         use of online self-certification for certain
  312         exemptions and permits; limiting the authority of
  313         local governments to specify the method or form for
  314         documenting that projects qualify for exemptions or
  315         permits; amending s. 47 of chapter 2009-82, Laws of
  316         Florida; delaying the expiration of the Florida
  317         Homebuyer Opportunity Program; requiring the Office of
  318         Program Policy Analysis and Government Accountability
  319         to review the Enterprise Zone Program and submit a
  320         report of its findings and recommendations to the
  321         Governor, the President of the Senate, and the Speaker
  322         of the House of Representatives; requiring the Office
  323         of Program Policy Analysis and Government
  324         Accountability to review and evaluate the Research
  325         Commercialization Matching Grant Program and submit a
  326         report of its findings to the Governor, the President
  327         of the Senate, and the Speaker of the House of
  328         Representatives; extending the expiration dates of
  329         certain permits issued by the Department of
  330         Environmental Protection or a water management
  331         district; extending certain previously granted
  332         buildout dates; requiring a permitholder to notify the
  333         authorizing agency of its intended use of the
  334         extension; exempting certain permits from eligibility
  335         for an extension; providing for applicability of rules
  336         governing permits; declaring that certain provisions
  337         do not impair the authority of counties and
  338         municipalities under certain circumstances; providing
  339         legislative intent; reauthorizing certain exemptions,
  340         2-year extensions, and local comprehensive plan
  341         amendments granted, authorized, or adopted under
  342         general law and in effect as of a certain date;
  343         providing construction; providing for retroactive
  344         application; authorizing the funds in specific
  345         appropriation 2649 of chapter 2008-152, Laws of
  346         Florida, to be used for additional space-related
  347         economic-development purposes; specifying requirements
  348         for fuel tank upgrades; extending certain fuel service
  349         facility order deadlines; specifying compliance
  350         requirements; requiring that construction contracts
  351         funded by state funds contain a provision requiring
  352         the contractor to give preference to the employment of
  353         state residents if they have substantially equal
  354         qualifications as nonresidents; defining the term
  355         “substantially equal qualifications”; providing a
  356         finding that the act fulfills an important state
  357         interest; providing severability; providing
  358         appropriations; providing effective dates.
  359  
  360  Be It Enacted by the Legislature of the State of Florida:
  361  
  362         Section 1. Effective July 1, 2010, subsections (4) and (5)
  363  are added to section 125.045, Florida Statutes, to read:
  364         125.045 County economic development powers.—
  365         (4) A contract between the governing body of a county or
  366  other entity engaged in economic development activities on
  367  behalf of the county and an economic development agency must
  368  require the agency or entity receiving county funds to submit a
  369  report to the governing body of the county detailing how county
  370  funds were spent and detailing the results of the economic
  371  development agency’s or entity’s efforts on behalf of the
  372  county. By January 15, 2011, and annually thereafter, the county
  373  must file a copy of the report with the Legislative Committee on
  374  Intergovernmental Relations or its successor entity and post a
  375  copy of the report on the county’s website.
  376         (5)(a) By January 15, 2011, and annually thereafter, each
  377  county shall report to the Legislative Committee on
  378  Intergovernmental Relations or its successor entity the economic
  379  development incentives in excess of $25,000 given to any
  380  business during the county’s previous fiscal year. The
  381  Legislative Committee on Intergovernmental Relations or its
  382  successor entity shall provide the report to the Office of
  383  Tourism, Trade, and Economic Development. Economic development
  384  incentives include:
  385         1. Direct financial incentives of monetary assistance
  386  provided to a business from the county or through an
  387  organization authorized by the county. Such incentives include,
  388  but are not limited to, grants, loans, equity investments, loan
  389  insurance and guarantees, and training subsidies.
  390         2. Indirect incentives in the form of grants and loans
  391  provided to businesses and community organizations that provide
  392  support to businesses or promote business investment or
  393  development.
  394         3. Fee-based or tax-based incentives, including, but not
  395  limited to, credits, refunds, exemptions, and property tax
  396  abatement or assessment reductions.
  397         4. Below-market rate leases or deeds for real property.
  398         (b) A county shall report its economic development
  399  incentives in the format specified by the Legislative Committee
  400  on Intergovernmental Relations or its successor entity.
  401         (c) The Legislative Committee on Intergovernmental
  402  Relations or its successor entity shall compile the economic
  403  development incentives provided by each county in a manner that
  404  shows the total of each class of economic development incentives
  405  provided by each county and all counties.
  406         Section 2. Effective July 1, 2010, paragraph (d) of
  407  subsection (9) of section 166.021, Florida Statutes, is
  408  redesignated as paragraph (f) and amended, and new paragraphs
  409  (d) and (e) are added to that subsection, to read:
  410         166.021 Powers.—
  411         (9)
  412         (d) A contract between the governing body of a municipality
  413  or other entity engaged in economic development activities on
  414  behalf of the municipality and an economic development agency
  415  must require the agency or entity receiving municipal funds to
  416  submit a report to the governing body of the municipality
  417  detailing how the municipal funds are spent and detailing the
  418  results of the economic development agency’s or entity’s efforts
  419  on behalf of the municipality. By January 15, 2011, and annually
  420  thereafter, the municipality shall file a copy of the report
  421  with the Legislative Committee on Intergovernmental Relations or
  422  its successor entity and post a copy of the report on the
  423  municipality’s website.
  424         (e)1. By January 15, 2011, and annually therafter, each
  425  municipality having annual revenues or expenditures greater than
  426  $250,000 shall report to the Legislative Committee on
  427  Intergovernmental Relations or its successor entity the economic
  428  development incentives in excess of $25,000 given to any
  429  business during the municipality’s previous fiscal year. The
  430  Legislative Committee on Intergovernmental Relations or its
  431  successor entity shall provide the report to the Office of
  432  Tourism, Trade, and Economic Development. Economic development
  433  incentives include:
  434         a. Direct financial incentives of monetary assistance
  435  provided to a business from the municipality or through an
  436  organization authorized by the municipality. Such incentives
  437  include, but are not limited to, grants, loans, equity
  438  investments, loan insurance and guarantees, and training
  439  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, but not
  445  limited to, credits, refunds, exemptions, and property tax
  446  abatement or assessment reductions.
  447         d. Below-market rate leases or deeds for real property.
  448         2. A municipality shall report its economic development
  449  incentives in the format specified by the Legislative Committee
  450  on Intergovernmental Relations or its successor entity.
  451         3. The Legislative Committee on Intergovernmental Relations
  452  or its successor entity shall compile the economic development
  453  incentives provided by each municipality in a manner that shows
  454  the total of each class of economic development incentives
  455  provided by each municipality and all municipalities.
  456         (f)(d)Nothing contained in This subsection does not limit
  457  shall be construed as a limitation on the home rule powers
  458  granted by the State Constitution to for municipalities.
  459         Section 3. Subsection (7) of section 196.1995, Florida
  460  Statutes, is amended to read:
  461         196.1995 Economic development ad valorem tax exemption.—
  462         (7) The authority to grant exemptions under this section
  463  expires will expire 10 years after the date such authority was
  464  approved in an election, but such authority may be renewed for
  465  subsequent another 10-year periods if each 10-year renewal is
  466  approved period in a referendum called and held pursuant to this
  467  section.
  468         Section 4. Effective July 1, 2010, subsection (34) is added
  469  to section 212.02, Florida Statutes, to read:
  470         212.02 Definitions.—The following terms and phrases when
  471  used in this chapter have the meanings ascribed to them in this
  472  section, except where the context clearly indicates a different
  473  meaning:
  474         (34) “Fractional aircraft ownership program” means a
  475  program that meets the requirements of 14 C.F.R. part 91,
  476  subpart K, relating to fractional ownership operations, except
  477  that the program must include a minimum of 25 aircraft owned or
  478  leased by the program manager and used in the program.
  479         Section 5. Effective July 1, 2010, paragraph (a) of
  480  subsection (1) of section 212.031, Florida Statutes, is amended
  481  to read:
  482         212.031 Tax on rental or license fee for use of real
  483  property.—
  484         (1)(a) It is declared to be the legislative intent that
  485  every person is exercising a taxable privilege who engages in
  486  the business of renting, leasing, letting, or granting a license
  487  for the use of any real property unless such property is:
  488         1. Assessed as agricultural property under s. 193.461.
  489         2. Used exclusively as dwelling units.
  490         3. Property subject to tax on parking, docking, or storage
  491  spaces under s. 212.03(6).
  492         4. Recreational property or the common elements of a
  493  condominium when subject to a lease between the developer or
  494  owner thereof and the condominium association in its own right
  495  or as agent for the owners of individual condominium units or
  496  the owners of individual condominium units. However, only the
  497  lease payments on such property shall be exempt from the tax
  498  imposed by this chapter, and any other use made by the owner or
  499  the condominium association shall be fully taxable under this
  500  chapter.
  501         5. A public or private street or right-of-way and poles,
  502  conduits, fixtures, and similar improvements located on such
  503  streets or rights-of-way, occupied or used by a utility or
  504  provider of communications services, as defined by s. 202.11,
  505  for utility or communications or television purposes. For
  506  purposes of this subparagraph, the term “utility” means any
  507  person providing utility services as defined in s. 203.012. This
  508  exception also applies to property, wherever located, on which
  509  the following are placed: towers, antennas, cables, accessory
  510  structures, or equipment, not including switching equipment,
  511  used in the provision of mobile communications services as
  512  defined in s. 202.11. For purposes of this chapter, towers used
  513  in the provision of mobile communications services, as defined
  514  in s. 202.11, are considered to be fixtures.
  515         6. A public street or road which is used for transportation
  516  purposes.
  517         7. Property used at an airport exclusively for the purpose
  518  of aircraft landing or aircraft taxiing or property used by an
  519  airline for the purpose of loading or unloading passengers or
  520  property onto or from aircraft or for fueling aircraft.
  521         8.a. Property used at a port authority, as defined in s.
  522  315.02(2), exclusively for the purpose of oceangoing vessels or
  523  tugs docking, or such vessels mooring on property used by a port
  524  authority for the purpose of loading or unloading passengers or
  525  cargo onto or from such a vessel, or property used at a port
  526  authority for fueling such vessels, or to the extent that the
  527  amount paid for the use of any property at the port is based on
  528  the charge for the amount of tonnage actually imported or
  529  exported through the port by a tenant.
  530         b. The amount charged for the use of any property at the
  531  port in excess of the amount charged for tonnage actually
  532  imported or exported shall remain subject to tax except as
  533  provided in sub-subparagraph a.
  534         9. Property used as an integral part of the performance of
  535  qualified production services. As used in this subparagraph, the
  536  term “qualified production services” means any activity or
  537  service performed directly in connection with the production of
  538  a qualified motion picture, as defined in s. 212.06(1)(b), and
  539  includes:
  540         a. Photography, sound and recording, casting, location
  541  managing and scouting, shooting, creation of special and optical
  542  effects, animation, adaptation (language, media, electronic, or
  543  otherwise), technological modifications, computer graphics, set
  544  and stage support (such as electricians, lighting designers and
  545  operators, greensmen, prop managers and assistants, and grips),
  546  wardrobe (design, preparation, and management), hair and makeup
  547  (design, production, and application), performing (such as
  548  acting, dancing, and playing), designing and executing stunts,
  549  coaching, consulting, writing, scoring, composing,
  550  choreographing, script supervising, directing, producing,
  551  transmitting dailies, dubbing, mixing, editing, cutting,
  552  looping, printing, processing, duplicating, storing, and
  553  distributing;
  554         b. The design, planning, engineering, construction,
  555  alteration, repair, and maintenance of real or personal property
  556  including stages, sets, props, models, paintings, and facilities
  557  principally required for the performance of those services
  558  listed in sub-subparagraph a.; and
  559         c. Property management services directly related to
  560  property used in connection with the services described in sub
  561  subparagraphs a. and b.
  562  
  563  This exemption will inure to the taxpayer upon presentation of
  564  the certificate of exemption issued to the taxpayer under the
  565  provisions of s. 288.1258.
  566         10. Leased, subleased, licensed, or rented to a person
  567  providing food and drink concessionaire services within the
  568  premises of a convention hall, exhibition hall, auditorium,
  569  stadium, theater, arena, civic center, performing arts center,
  570  publicly owned recreational facility, or any business operated
  571  under a permit issued pursuant to chapter 550. A person
  572  providing retail concessionaire services involving the sale of
  573  food and drink or other tangible personal property within the
  574  premises of an airport shall be subject to tax on the rental of
  575  real property used for that purpose, but shall not be subject to
  576  the tax on any license to use the property. For purposes of this
  577  subparagraph, the term “sale” shall not include the leasing of
  578  tangible personal property.
  579         11. Property occupied pursuant to an instrument calling for
  580  payments which the department has declared, in a Technical
  581  Assistance Advisement issued on or before March 15, 1993, to be
  582  nontaxable pursuant to rule 12A-1.070(19)(c), Florida
  583  Administrative Code; provided that this subparagraph shall only
  584  apply to property occupied by the same person before and after
  585  the execution of the subject instrument and only to those
  586  payments made pursuant to such instrument, exclusive of renewals
  587  and extensions thereof occurring after March 15, 1993.
  588         12. Rented, leased, subleased, or licensed to a
  589  concessionaire by a convention hall, exhibition hall,
  590  auditorium, stadium, theater, arena, civic center, performing
  591  arts center, or publicly owned recreational facility, during an
  592  event at the facility, to be used by the concessionaire to sell
  593  souvenirs, novelties, or other event-related products. This
  594  subparagraph applies only to that portion of the rental, lease,
  595  or license payment which is based on a percentage of sales and
  596  not based on a fixed price. This subparagraph is repealed July
  597  1, 2009.
  598         13. Property used or occupied predominantly for space
  599  flight business purposes. As used in this subparagraph, “space
  600  flight business” means the manufacturing, processing, or
  601  assembly of a space facility, space propulsion system, space
  602  vehicle, satellite, or station of any kind possessing the
  603  capacity for space flight, as defined by s. 212.02(23), or
  604  components thereof, and also means the following activities
  605  supporting space flight: vehicle launch activities, flight
  606  operations, ground control or ground support, and all
  607  administrative activities directly related thereto. Property
  608  shall be deemed to be used or occupied predominantly for space
  609  flight business purposes if more than 50 percent of the
  610  property, or improvements thereon, is used for one or more space
  611  flight business purposes. Possession by a landlord, lessor, or
  612  licensor of a signed written statement from the tenant, lessee,
  613  or licensee claiming the exemption shall relieve the landlord,
  614  lessor, or licensor from the responsibility of collecting the
  615  tax, and the department shall look solely to the tenant, lessee,
  616  or licensee for recovery of such tax if it determines that the
  617  exemption was not applicable.
  618         14. Rented, leased, subleased, or licensed to a person
  619  providing telecommunications, data systems management, or
  620  Internet services at a publicly or privately owned convention
  621  hall, civic center, or meeting space at a public lodging
  622  establishment as defined in s. 509.013. This subparagraph
  623  applies only to that portion of the rental, lease, or license
  624  payment that is based upon a percentage of sales, revenue
  625  sharing, or royalty payments and not based upon a fixed price.
  626  This subparagraph is intended to be clarifying and remedial in
  627  nature and shall apply retroactively. This subparagraph does not
  628  provide a basis for an assessment of any tax not paid, or create
  629  a right to a refund of any tax paid, pursuant to this section
  630  before July 1, 2010.
  631         Section 6. Paragraph (a) of subsection (2) of section
  632  212.04, Florida Statutes, is reenacted and amended to read:
  633         212.04 Admissions tax; rate, procedure, enforcement.—
  634         (2)(a)1. No tax shall be levied on admissions to athletic
  635  or other events sponsored by elementary schools, junior high
  636  schools, middle schools, high schools, community colleges,
  637  public or private colleges and universities, deaf and blind
  638  schools, facilities of the youth services programs of the
  639  Department of Children and Family Services, and state
  640  correctional institutions when only student, faculty, or inmate
  641  talent is used. However, this exemption shall not apply to
  642  admission to athletic events sponsored by a state university,
  643  and the proceeds of the tax collected on such admissions shall
  644  be retained and used by each institution to support women’s
  645  athletics as provided in s. 1006.71(2)(c).
  646         2.a. No tax shall be levied on dues, membership fees, and
  647  admission charges imposed by not-for-profit sponsoring
  648  organizations. To receive this exemption, the sponsoring
  649  organization must qualify as a not-for-profit entity under the
  650  provisions of s. 501(c)(3) of the Internal Revenue Code of 1954,
  651  as amended.
  652         b. No tax shall be levied on admission charges to an event
  653  sponsored by a governmental entity, sports authority, or sports
  654  commission when held in a convention hall, exhibition hall,
  655  auditorium, stadium, theater, arena, civic center, performing
  656  arts center, or publicly owned recreational facility and when
  657  100 percent of the risk of success or failure lies with the
  658  sponsor of the event and 100 percent of the funds at risk for
  659  the event belong to the sponsor, and student or faculty talent
  660  is not exclusively used. As used in this sub-subparagraph, the
  661  terms “sports authority” and “sports commission” mean a
  662  nonprofit organization that is exempt from federal income tax
  663  under s. 501(c)(3) of the Internal Revenue Code and that
  664  contracts with a county or municipal government for the purpose
  665  of promoting and attracting sports-tourism events to the
  666  community with which it contracts. This sub-subparagraph is
  667  repealed July 1, 2009.
  668         3. No tax shall be levied on an admission paid by a
  669  student, or on the student’s behalf, to any required place of
  670  sport or recreation if the student’s participation in the sport
  671  or recreational activity is required as a part of a program or
  672  activity sponsored by, and under the jurisdiction of, the
  673  student’s educational institution, provided his or her
  674  attendance is as a participant and not as a spectator.
  675         4. No tax shall be levied on admissions to the National
  676  Football League championship game or Pro Bowl;, on admissions to
  677  any semifinal game or championship game of a national collegiate
  678  tournament;, or on admissions to a Major League Baseball,
  679  National Basketball Association, or National Hockey League all
  680  star game; on admissions to the Major League Baseball Home Run
  681  Derby held before the Major League Baseball All-Star Game; or on
  682  admissions to the National Basketball Association Rookie
  683  Challenge, Celebrity Game, 3-Point Shooting Contest, or Slam
  684  Dunk Challenge.
  685         5. A participation fee or sponsorship fee imposed by a
  686  governmental entity as described in s. 212.08(6) for an athletic
  687  or recreational program is exempt when the governmental entity
  688  by itself, or in conjunction with an organization exempt under
  689  s. 501(c)(3) of the Internal Revenue Code of 1954, as amended,
  690  sponsors, administers, plans, supervises, directs, and controls
  691  the athletic or recreational program.
  692         6. Also exempt from the tax imposed by this section to the
  693  extent provided in this subparagraph are admissions to live
  694  theater, live opera, or live ballet productions in this state
  695  which are sponsored by an organization that has received a
  696  determination from the Internal Revenue Service that the
  697  organization is exempt from federal income tax under s.
  698  501(c)(3) of the Internal Revenue Code of 1954, as amended, if
  699  the organization actively participates in planning and
  700  conducting the event, is responsible for the safety and success
  701  of the event, is organized for the purpose of sponsoring live
  702  theater, live opera, or live ballet productions in this state,
  703  has more than 10,000 subscribing members and has among the
  704  stated purposes in its charter the promotion of arts education
  705  in the communities which it serves, and will receive at least 20
  706  percent of the net profits, if any, of the events which the
  707  organization sponsors and will bear the risk of at least 20
  708  percent of the losses, if any, from the events which it sponsors
  709  if the organization employs other persons as agents to provide
  710  services in connection with a sponsored event. Prior to March 1
  711  of each year, such organization may apply to the department for
  712  a certificate of exemption for admissions to such events
  713  sponsored in this state by the organization during the
  714  immediately following state fiscal year. The application shall
  715  state the total dollar amount of admissions receipts collected
  716  by the organization or its agents from such events in this state
  717  sponsored by the organization or its agents in the year
  718  immediately preceding the year in which the organization applies
  719  for the exemption. Such organization shall receive the exemption
  720  only to the extent of $1.5 million multiplied by the ratio that
  721  such receipts bear to the total of such receipts of all
  722  organizations applying for the exemption in such year; however,
  723  in no event shall such exemption granted to any organization
  724  exceed 6 percent of such admissions receipts collected by the
  725  organization or its agents in the year immediately preceding the
  726  year in which the organization applies for the exemption. Each
  727  organization receiving the exemption shall report each month to
  728  the department the total admissions receipts collected from such
  729  events sponsored by the organization during the preceding month
  730  and shall remit to the department an amount equal to 6 percent
  731  of such receipts reduced by any amount remaining under the
  732  exemption. Tickets for such events sold by such organizations
  733  shall not reflect the tax otherwise imposed under this section.
  734         7. Also exempt from the tax imposed by this section are
  735  entry fees for participation in freshwater fishing tournaments.
  736         8. Also exempt from the tax imposed by this section are
  737  participation or entry fees charged to participants in a game,
  738  race, or other sport or recreational event if spectators are
  739  charged a taxable admission to such event.
  740         9. No tax shall be levied on admissions to any postseason
  741  collegiate football game sanctioned by the National Collegiate
  742  Athletic Association.
  743         Section 7. Effective July 1, 2010, paragraph (a) of
  744  subsection (1) of section 212.05, Florida Statutes, is amended,
  745  and subsection (5) is added to that section, to read:
  746         212.05 Sales, storage, use tax.—It is hereby declared to be
  747  the legislative intent that every person is exercising a taxable
  748  privilege who engages in the business of selling tangible
  749  personal property at retail in this state, including the
  750  business of making mail order sales, or who rents or furnishes
  751  any of the things or services taxable under this chapter, or who
  752  stores for use or consumption in this state any item or article
  753  of tangible personal property as defined herein and who leases
  754  or rents such property within the state.
  755         (1) For the exercise of such privilege, a tax is levied on
  756  each taxable transaction or incident, which tax is due and
  757  payable as follows:
  758         (a)1.a. At the rate of 6 percent of the sales price of each
  759  item or article of tangible personal property when sold at
  760  retail in this state, computed on each taxable sale for the
  761  purpose of remitting the amount of tax due the state, and
  762  including each and every retail sale.
  763         b. Each occasional or isolated sale of an aircraft, boat,
  764  mobile home, or motor vehicle of a class or type which is
  765  required to be registered, licensed, titled, or documented in
  766  this state or by the United States Government shall be subject
  767  to tax at the rate provided in this paragraph. The department
  768  shall by rule adopt any nationally recognized publication for
  769  valuation of used motor vehicles as the reference price list for
  770  any used motor vehicle which is required to be licensed pursuant
  771  to s. 320.08(1), (2), (3)(a), (b), (c), or (e), or (9). If any
  772  party to an occasional or isolated sale of such a vehicle
  773  reports to the tax collector a sales price which is less than 80
  774  percent of the average loan price for the specified model and
  775  year of such vehicle as listed in the most recent reference
  776  price list, the tax levied under this paragraph shall be
  777  computed by the department on such average loan price unless the
  778  parties to the sale have provided to the tax collector an
  779  affidavit signed by each party, or other substantial proof,
  780  stating the actual sales price. Any party to such sale who
  781  reports a sales price less than the actual sales price is guilty
  782  of a misdemeanor of the first degree, punishable as provided in
  783  s. 775.082 or s. 775.083. The department shall collect or
  784  attempt to collect from such party any delinquent sales taxes.
  785  In addition, such party shall pay any tax due and any penalty
  786  and interest assessed plus a penalty equal to twice the amount
  787  of the additional tax owed. Notwithstanding any other provision
  788  of law, the Department of Revenue may waive or compromise any
  789  penalty imposed pursuant to this subparagraph.
  790         2. This paragraph does not apply to the sale of a boat or
  791  aircraft by or through a registered dealer under this chapter to
  792  a purchaser who, at the time of taking delivery, is a
  793  nonresident of this state, does not make his or her permanent
  794  place of abode in this state, and is not engaged in carrying on
  795  in this state any employment, trade, business, or profession in
  796  which the boat or aircraft will be used in this state, or is a
  797  corporation none of the officers or directors of which is a
  798  resident of, or makes his or her permanent place of abode in,
  799  this state, or is a noncorporate entity that has no individual
  800  vested with authority to participate in the management,
  801  direction, or control of the entity’s affairs who is a resident
  802  of, or makes his or her permanent abode in, this state. For
  803  purposes of this exemption, either a registered dealer acting on
  804  his or her own behalf as seller, a registered dealer acting as
  805  broker on behalf of a seller, or a registered dealer acting as
  806  broker on behalf of the purchaser may be deemed to be the
  807  selling dealer. This exemption shall not be allowed unless:
  808         a. The purchaser removes a qualifying boat, as described in
  809  sub-subparagraph f., from the state within 90 days after the
  810  date of purchase or extension, or the purchaser removes a
  811  nonqualifying boat or an aircraft from this state within 10 days
  812  after the date of purchase or, when the boat or aircraft is
  813  repaired or altered, within 20 days after completion of the
  814  repairs or alterations;
  815         b. The purchaser, within 30 days from the date of
  816  departure, shall provide the department with written proof that
  817  the purchaser licensed, registered, titled, or documented the
  818  boat or aircraft outside the state. If such written proof is
  819  unavailable, within 30 days the purchaser shall provide proof
  820  that the purchaser applied for such license, title,
  821  registration, or documentation. The purchaser shall forward to
  822  the department proof of title, license, registration, or
  823  documentation upon receipt;
  824         c. The purchaser, within 10 days of removing the boat or
  825  aircraft from Florida, shall furnish the department with proof
  826  of removal in the form of receipts for fuel, dockage, slippage,
  827  tie-down, or hangaring from outside of Florida. The information
  828  so provided must clearly and specifically identify the boat or
  829  aircraft;
  830         d. The selling dealer, within 5 days of the date of sale,
  831  shall provide to the department a copy of the sales invoice,
  832  closing statement, bills of sale, and the original affidavit
  833  signed by the purchaser attesting that he or she has read the
  834  provisions of this section;
  835         e. The seller makes a copy of the affidavit a part of his
  836  or her record for as long as required by s. 213.35; and
  837         f. Unless the nonresident purchaser of a boat of 5 net tons
  838  of admeasurement or larger intends to remove the boat from this
  839  state within 10 days after the date of purchase or when the boat
  840  is repaired or altered, within 20 days after completion of the
  841  repairs or alterations, the nonresident purchaser shall apply to
  842  the selling dealer for a decal which authorizes 90 days after
  843  the date of purchase for removal of the boat. The nonresident
  844  purchaser of a qualifying boat may apply to the selling dealer
  845  within 60 days after the date of purchase for an extension decal
  846  that authorizes the boat to remain in this state for an
  847  additional 90 days, but not more than a total of 180 days,
  848  before the nonresident purchaser is required to pay the tax
  849  imposed by this chapter. The department is authorized to issue
  850  decals in advance to dealers. The number of decals issued in
  851  advance to a dealer shall be consistent with the volume of the
  852  dealer’s past sales of boats which qualify under this sub
  853  subparagraph. The selling dealer or his or her agent shall mark
  854  and affix the decals to qualifying boats in the manner
  855  prescribed by the department, prior to delivery of the boat.
  856         (I) The department is hereby authorized to charge dealers a
  857  fee sufficient to recover the costs of decals issued, except the
  858  extension decal shall cost $425.
  859         (II) The proceeds from the sale of decals will be deposited
  860  into the administrative trust fund.
  861         (III) Decals shall display information to identify the boat
  862  as a qualifying boat under this sub-subparagraph, including, but
  863  not limited to, the decal’s date of expiration.
  864         (IV) The department is authorized to require dealers who
  865  purchase decals to file reports with the department and may
  866  prescribe all necessary records by rule. All such records are
  867  subject to inspection by the department.
  868         (V) Any dealer or his or her agent who issues a decal
  869  falsely, fails to affix a decal, mismarks the expiration date of
  870  a decal, or fails to properly account for decals will be
  871  considered prima facie to have committed a fraudulent act to
  872  evade the tax and will be liable for payment of the tax plus a
  873  mandatory penalty of 200 percent of the tax, and shall be liable
  874  for fine and punishment as provided by law for a conviction of a
  875  misdemeanor of the first degree, as provided in s. 775.082 or s.
  876  775.083.
  877         (VI) Any nonresident purchaser of a boat who removes a
  878  decal prior to permanently removing the boat from the state, or
  879  defaces, changes, modifies, or alters a decal in a manner
  880  affecting its expiration date prior to its expiration, or who
  881  causes or allows the same to be done by another, will be
  882  considered prima facie to have committed a fraudulent act to
  883  evade the tax and will be liable for payment of the tax plus a
  884  mandatory penalty of 200 percent of the tax, and shall be liable
  885  for fine and punishment as provided by law for a conviction of a
  886  misdemeanor of the first degree, as provided in s. 775.082 or s.
  887  775.083.
  888         (VII) The department is authorized to adopt rules necessary
  889  to administer and enforce this subparagraph and to publish the
  890  necessary forms and instructions.
  891         (VIII) The department is hereby authorized to adopt
  892  emergency rules pursuant to s. 120.54(4) to administer and
  893  enforce the provisions of this subparagraph.
  894  
  895  If the purchaser fails to remove the qualifying boat from this
  896  state within the maximum 180 days after purchase or a
  897  nonqualifying boat or an aircraft from this state within 10 days
  898  after purchase or, when the boat or aircraft is repaired or
  899  altered, within 20 days after completion of such repairs or
  900  alterations, or permits the boat or aircraft to return to this
  901  state within 6 months from the date of departure, except as
  902  provided in s. 212.08(7)(ggg), or if the purchaser fails to
  903  furnish the department with any of the documentation required by
  904  this subparagraph within the prescribed time period, the
  905  purchaser shall be liable for use tax on the cost price of the
  906  boat or aircraft and, in addition thereto, payment of a penalty
  907  to the Department of Revenue equal to the tax payable. This
  908  penalty shall be in lieu of the penalty imposed by s. 212.12(2)
  909  and is mandatory and shall not be waived by the department. The
  910  maximum 180-day period following the sale of a qualifying boat
  911  tax-exempt to a nonresident may not be tolled for any reason.
  912  Notwithstanding other provisions of this paragraph to the
  913  contrary, an aircraft purchased in this state under the
  914  provisions of this paragraph may be returned to this state for
  915  repairs within 6 months after the date of its departure without
  916  being in violation of the law and without incurring liability
  917  for the payment of tax or penalty on the purchase price of the
  918  aircraft if the aircraft is removed from this state within 20
  919  days after the completion of the repairs and if such removal can
  920  be demonstrated by invoices for fuel, tie-down, hangar charges
  921  issued by out-of-state vendors or suppliers, or similar
  922  documentation.
  923         (5) Notwithstanding any other provision of this chapter,
  924  the maximum amount of tax imposed under this chapter and
  925  collected on each sale or use of a boat in this state may not
  926  exceed $18,000.
  927         Section 8. Effective July 1, 2010, section 212.0597,
  928  Florida Statutes, is created to read:
  929         212.0597 Maximum tax on fractional aircraft ownership
  930  interests.—The maximum tax imposed under this chapter, including
  931  any discretionary sales surtax under s. 212.055, is limited to
  932  $300 on the sale or use in this state of a fractional ownership
  933  interest in aircraft pursuant to a fractional aircraft ownership
  934  program. The tax applies to the total consideration paid for the
  935  fractional ownership interest, including any amounts paid by the
  936  fractional owner as monthly management or maintenance fees. The
  937  tax applies only if the fractional ownership interest is sold by
  938  or to the program manager of the fractional aircraft ownership
  939  program, or if the fractional ownership interest is transferred
  940  upon the approval of the program manager of the fractional
  941  aircraft ownership program.
  942         Section 9. Effective July 1, 2010, paragraphs (b) and (g)
  943  of subsection (5) of section 212.08, Florida Statutes, are
  944  amended, paragraph (q) is added to that subsection, and
  945  paragraphs (ggg) and (hhh) are added to subsection (7) of that
  946  section, to read:
  947         212.08 Sales, rental, use, consumption, distribution, and
  948  storage tax; specified exemptions.—The sale at retail, the
  949  rental, the use, the consumption, the distribution, and the
  950  storage to be used or consumed in this state of the following
  951  are hereby specifically exempt from the tax imposed by this
  952  chapter.
  953         (5) EXEMPTIONS; ACCOUNT OF USE.—
  954         (b) Machinery and equipment used to increase productive
  955  output.—
  956         1. Industrial machinery and equipment purchased for
  957  exclusive use by a new business in spaceport activities as
  958  defined by s. 212.02 or for use in new businesses that which
  959  manufacture, process, compound, or produce for sale items of
  960  tangible personal property at fixed locations are exempt from
  961  the tax imposed by this chapter upon an affirmative showing by
  962  the taxpayer to the satisfaction of the department that such
  963  items are used in a new business in this state. Such purchases
  964  must be made prior to the date the business first begins its
  965  productive operations, and delivery of the purchased item must
  966  be made within 12 months after of that date.
  967         2. Industrial machinery and equipment purchased for
  968  exclusive use by an expanding facility which is engaged in
  969  spaceport activities as defined by s. 212.02 or for use in
  970  expanding manufacturing facilities or plant units which
  971  manufacture, process, compound, or produce for sale items of
  972  tangible personal property at fixed locations in this state are
  973  exempt from any amount of tax imposed by this chapter upon an
  974  affirmative showing by the taxpayer to the satisfaction of the
  975  department that such items are used to increase the productive
  976  output of such expanded facility or business by not less than 10
  977  percent.
  978         3.a. To receive an exemption provided by subparagraph 1. or
  979  subparagraph 2., a qualifying business entity shall apply to the
  980  department for a temporary tax exemption permit. The application
  981  shall state that a new business exemption or expanded business
  982  exemption is being sought. Upon a tentative affirmative
  983  determination by the department pursuant to subparagraph 1. or
  984  subparagraph 2., the department shall issue such permit.
  985         b. The applicant shall be required to maintain all
  986  necessary books and records to support the exemption. Upon
  987  completion of purchases of qualified machinery and equipment
  988  pursuant to subparagraph 1. or subparagraph 2., the temporary
  989  tax permit shall be delivered to the department or returned to
  990  the department by certified or registered mail.
  991         c. If, in a subsequent audit conducted by the department,
  992  it is determined that the machinery and equipment purchased as
  993  exempt under subparagraph 1. or subparagraph 2. did not meet the
  994  criteria mandated by this paragraph or if commencement of
  995  production did not occur, the amount of taxes exempted at the
  996  time of purchase shall immediately be due and payable to the
  997  department by the business entity, together with the appropriate
  998  interest and penalty, computed from the date of purchase, in the
  999  manner prescribed by this chapter.
 1000         d. If In the event a qualifying business entity fails to
 1001  apply for a temporary exemption permit or if the tentative
 1002  determination by the department required to obtain a temporary
 1003  exemption permit is negative, a qualifying business entity shall
 1004  receive the exemption provided in subparagraph 1. or
 1005  subparagraph 2. through a refund of previously paid taxes. No
 1006  refund may be made for such taxes unless the criteria mandated
 1007  by subparagraph 1. or subparagraph 2. have been met and
 1008  commencement of production has occurred.
 1009         4. The department shall adopt rules governing applications
 1010  for, issuance of, and the form of temporary tax exemption
 1011  permits; provisions for recapture of taxes; and the manner and
 1012  form of refund applications, and may establish guidelines as to
 1013  the requisites for an affirmative showing of increased
 1014  productive output, commencement of production, and qualification
 1015  for exemption.
 1016         5. The exemptions provided in subparagraphs 1. and 2. do
 1017  not apply to machinery or equipment purchased or used by
 1018  electric utility companies, communications companies, oil or gas
 1019  exploration or production operations, publishing firms that do
 1020  not export at least 50 percent of their finished product out of
 1021  the state, any firm subject to regulation by the Division of
 1022  Hotels and Restaurants of the Department of Business and
 1023  Professional Regulation, or any firm that which does not
 1024  manufacture, process, compound, or produce for sale items of
 1025  tangible personal property or that which does not use such
 1026  machinery and equipment in spaceport activities as required by
 1027  this paragraph. The exemptions provided in subparagraphs 1. and
 1028  2. shall apply to machinery and equipment purchased for use in
 1029  phosphate or other solid minerals severance, mining, or
 1030  processing operations.
 1031         6. For the purposes of the exemptions provided in
 1032  subparagraphs 1.and 2., these terms have the following meanings:
 1033         a. “Industrial machinery and equipment” means tangible
 1034  personal property or other property that has a depreciable life
 1035  of 3 years or more and that is used as an integral part in the
 1036  manufacturing, processing, compounding, or production of
 1037  tangible personal property for sale or is exclusively used in
 1038  spaceport activities. A building and its structural components
 1039  are not industrial machinery and equipment unless the building
 1040  or structural component is so closely related to the industrial
 1041  machinery and equipment that it houses or supports that the
 1042  building or structural component can be expected to be replaced
 1043  when the machinery and equipment are replaced. Heating and air
 1044  conditioning systems are not industrial machinery and equipment
 1045  unless the sole justification for their installation is to meet
 1046  the requirements of the production process, even though the
 1047  system may provide incidental comfort to employees or serve, to
 1048  an insubstantial degree, nonproduction activities. The term
 1049  includes parts and accessories only to the extent that the
 1050  exemption thereof is consistent with the provisions of this
 1051  paragraph.
 1052         b. “Productive output” means the number of units actually
 1053  produced by a single plant, or operation, or product line in a
 1054  single continuous 12-month period, irrespective of sales.
 1055  Increases in productive output shall be measured by the output
 1056  for 12 continuous months selected by the expanding business
 1057  immediately following the completion of installation of such
 1058  machinery or equipment over the output for the 12 continuous
 1059  months immediately preceding such installation. However, if a
 1060  different 12-month continuous period of time would more
 1061  accurately reflect the increase in productive output of
 1062  machinery and equipment purchased to facilitate an expansion,
 1063  the increase in productive output may be measured during that
 1064  12-month continuous period of time if such time period is
 1065  mutually agreed upon by the Department of Revenue and the
 1066  expanding business prior to the commencement of production;
 1067  provided, however, in no case may such time period begin later
 1068  than 2 years following the completion of installation of the new
 1069  machinery and equipment. The units used to measure productive
 1070  output shall be physically comparable between the two periods,
 1071  irrespective of sales.
 1072         (g) Building materials used in the rehabilitation of real
 1073  property located in an enterprise zone.—
 1074         1. Building materials used in the rehabilitation of real
 1075  property located in an enterprise zone are shall be exempt from
 1076  the tax imposed by this chapter upon an affirmative showing to
 1077  the satisfaction of the department that the items have been used
 1078  for the rehabilitation of real property located in an enterprise
 1079  zone. Except as provided in subparagraph 2., this exemption
 1080  inures to the owner, lessee, or lessor of the rehabilitated real
 1081  property located in an enterprise zone only through a refund of
 1082  previously paid taxes. To receive a refund pursuant to this
 1083  paragraph, the owner, lessee, or lessor of the rehabilitated
 1084  real property located in an enterprise zone must file an
 1085  application under oath with the governing body or enterprise
 1086  zone development agency having jurisdiction over the enterprise
 1087  zone where the business is located, as applicable, which
 1088  includes:
 1089         a. The name and address of the person claiming the refund.
 1090         b. An address and assessment roll parcel number of the
 1091  rehabilitated real property in an enterprise zone for which a
 1092  refund of previously paid taxes is being sought.
 1093         c. A description of the improvements made to accomplish the
 1094  rehabilitation of the real property.
 1095         d. A copy of the building permit issued for the
 1096  rehabilitation of the real property.
 1097         e. A sworn statement, under the penalty of perjury, from
 1098  the general contractor licensed in this state with whom the
 1099  applicant contracted to make the improvements necessary to
 1100  accomplish the rehabilitation of the real property, which
 1101  statement lists the building materials used in the
 1102  rehabilitation of the real property, the actual cost of the
 1103  building materials, and the amount of sales tax paid in this
 1104  state on the building materials. If In the event that a general
 1105  contractor has not been used, the applicant shall provide this
 1106  information in a sworn statement, under the penalty of perjury.
 1107  Copies of the invoices that which evidence the purchase of the
 1108  building materials used in such rehabilitation and the payment
 1109  of sales tax on the building materials shall be attached to the
 1110  sworn statement provided by the general contractor or by the
 1111  applicant. Unless the actual cost of building materials used in
 1112  the rehabilitation of real property and the payment of sales
 1113  taxes due thereon is documented by a general contractor or by
 1114  the applicant in this manner, the cost of such building
 1115  materials shall be an amount equal to 40 percent of the increase
 1116  in assessed value for ad valorem tax purposes.
 1117         f. The identifying number assigned pursuant to s. 290.0065
 1118  to the enterprise zone in which the rehabilitated real property
 1119  is located.
 1120         g. A certification by the local building code inspector
 1121  that the improvements necessary to accomplish the rehabilitation
 1122  of the real property are substantially completed.
 1123         h. Whether the business is a small business as defined by
 1124  s. 288.703(1).
 1125         i. If applicable, the name and address of each permanent
 1126  employee of the business, including, for each employee who is a
 1127  resident of an enterprise zone, the identifying number assigned
 1128  pursuant to s. 290.0065 to the enterprise zone in which the
 1129  employee resides.
 1130         2. This exemption inures to a municipality city, county,
 1131  other governmental agency, or nonprofit community-based
 1132  organization through a refund of previously paid taxes if the
 1133  building materials used in the rehabilitation of real property
 1134  located in an enterprise zone are paid for from the funds of a
 1135  community development block grant, State Housing Initiatives
 1136  Partnership Program, or similar grant or loan program. To
 1137  receive a refund pursuant to this paragraph, a municipality
 1138  city, county, other governmental agency, or nonprofit community
 1139  based organization must file an application that which includes
 1140  the same information required to be provided in subparagraph 1.
 1141  by an owner, lessee, or lessor of rehabilitated real property.
 1142  In addition, the application must include a sworn statement
 1143  signed by the chief executive officer of the municipality city,
 1144  county, other governmental agency, or nonprofit community-based
 1145  organization seeking a refund which states that the building
 1146  materials for which a refund is sought were paid for from the
 1147  funds of a community development block grant, State Housing
 1148  Initiatives Partnership Program, or similar grant or loan
 1149  program.
 1150         3. Within 10 working days after receipt of an application,
 1151  the governing body or enterprise zone development agency shall
 1152  review the application to determine if it contains all the
 1153  information required pursuant to subparagraph 1. or subparagraph
 1154  2. and meets the criteria set out in this paragraph. The
 1155  governing body or agency shall certify all applications that
 1156  contain the information required pursuant to subparagraph 1. or
 1157  subparagraph 2. and that meet the criteria set out in this
 1158  paragraph as eligible to receive a refund. If applicable, the
 1159  governing body or agency shall also certify if 20 percent of the
 1160  employees of the business are residents of an enterprise zone,
 1161  excluding temporary and part-time employees. The certification
 1162  shall be in writing, and a copy of the certification shall be
 1163  transmitted to the executive director of the department of
 1164  Revenue. The applicant is shall be responsible for forwarding a
 1165  certified application to the department within the time
 1166  specified in subparagraph 4.
 1167         4. An application for a refund pursuant to this paragraph
 1168  must be submitted to the department within 6 months after the
 1169  rehabilitation of the property is deemed to be substantially
 1170  completed by the local building code inspector or by September 1
 1171  after the rehabilitated property is first subject to assessment.
 1172         5. Not more than one exemption through a refund of
 1173  previously paid taxes for the rehabilitation of real property
 1174  shall be permitted for any single parcel of property unless
 1175  there is a change in ownership, a new lessor, or a new lessee of
 1176  the real property. No refund shall be granted pursuant to this
 1177  paragraph unless the amount to be refunded exceeds $500. No
 1178  refund granted pursuant to this paragraph shall exceed the
 1179  lesser of 97 percent of the Florida sales or use tax paid on the
 1180  cost of the building materials used in the rehabilitation of the
 1181  real property as determined pursuant to sub-subparagraph 1.e. or
 1182  $5,000, or, if no less than 20 percent of the employees of the
 1183  business are residents of an enterprise zone, excluding
 1184  temporary and part-time employees, the amount of refund granted
 1185  pursuant to this paragraph may shall not exceed the lesser of 97
 1186  percent of the sales tax paid on the cost of such building
 1187  materials or $10,000. A refund approved pursuant to this
 1188  paragraph shall be made within 30 days after of formal approval
 1189  by the department of the application for the refund. This
 1190  subparagraph applies shall apply retroactively to July 1, 2005.
 1191         6. The department shall adopt rules governing the manner
 1192  and form of refund applications and may establish guidelines as
 1193  to the requisites for an affirmative showing of qualification
 1194  for exemption under this paragraph.
 1195         7. The department shall deduct an amount equal to 10
 1196  percent of each refund granted under the provisions of this
 1197  paragraph from the amount transferred into the Local Government
 1198  Half-cent Sales Tax Clearing Trust Fund pursuant to s. 212.20
 1199  for the county area in which the rehabilitated real property is
 1200  located and shall transfer that amount to the General Revenue
 1201  Fund.
 1202         8. For the purposes of the exemption provided in this
 1203  paragraph, the term:
 1204         a. “Building materials” means tangible personal property
 1205  that which becomes a component part of improvements to real
 1206  property.
 1207         b. “Real property” has the same meaning as provided in s.
 1208  192.001(12), except that the term does not include a condominium
 1209  parcel or condominium property as defined in s. 718.103.
 1210         c. “Rehabilitation of real property” means the
 1211  reconstruction, renovation, restoration, rehabilitation,
 1212  construction, or expansion of improvements to real property.
 1213         d. “Substantially completed” has the same meaning as
 1214  provided in s. 192.042(1).
 1215         9. This paragraph expires on the date specified in s.
 1216  290.016 for the expiration of the Florida Enterprise Zone Act.
 1217         (q) Entertainment industry tax credit; authorization;
 1218  eligibility for credits.—The credits against the state sales tax
 1219  authorized pursuant to s. 288.1254 shall be deducted from any
 1220  sales and use tax remitted by the dealer to the department by
 1221  electronic funds transfer and may only be deducted on a sales
 1222  and use tax return initiated through electronic data
 1223  interchange. The dealer shall separately state the credit on the
 1224  electronic return. The net amount of tax due and payable must be
 1225  remitted by electronic funds transfer. If the credit for the
 1226  qualified expenditures is larger than the amount owed on the
 1227  sales and use tax return that is eligible for the credit, the
 1228  unused amount of the credit may be carried forward to a
 1229  succeeding reporting period as provided in s. 288.1254(4)(e). A
 1230  dealer may only obtain a credit using the method described in
 1231  this subparagraph. A dealer is not authorized to obtain a credit
 1232  by applying for a refund.
 1233         (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
 1234  entity by this chapter do not inure to any transaction that is
 1235  otherwise taxable under this chapter when payment is made by a
 1236  representative or employee of the entity by any means,
 1237  including, but not limited to, cash, check, or credit card, even
 1238  when that representative or employee is subsequently reimbursed
 1239  by the entity. In addition, exemptions provided to any entity by
 1240  this subsection do not inure to any transaction that is
 1241  otherwise taxable under this chapter unless the entity has
 1242  obtained a sales tax exemption certificate from the department
 1243  or the entity obtains or provides other documentation as
 1244  required by the department. Eligible purchases or leases made
 1245  with such a certificate must be in strict compliance with this
 1246  subsection and departmental rules, and any person who makes an
 1247  exempt purchase with a certificate that is not in strict
 1248  compliance with this subsection and the rules is liable for and
 1249  shall pay the tax. The department may adopt rules to administer
 1250  this subsection.
 1251         (ggg) Aircraft temporarily in the state—
 1252         1. An aircraft owned by a nonresident is exempt from the
 1253  use tax imposed by this chapter if the aircraft enters and
 1254  remains in this state for less than a total of 21 days during
 1255  the 6-month period after the date of purchase. The temporary use
 1256  of the aircraft and subsequent removal from this state may be
 1257  proven by invoices for fuel, tie-down, or hangar charges issued
 1258  by out-of-state vendors or suppliers or similar documentation
 1259  that clearly and specifically identifies the aircraft. The
 1260  exemption created by this subparagraph is in addition to the
 1261  exemptions provided in subparagraph 2. and s. 212.05(1)(a).
 1262         2. An aircraft owned by a nonresident is exempt from the
 1263  use tax imposed by this chapter if the aircraft enters or
 1264  remains in this state exclusively for the purpose of flight
 1265  training, repairs, alterations, refitting, or modification. Such
 1266  purposes must be supported by written documentation issued by
 1267  in-state vendors or suppliers which clearly and specifically
 1268  identifies the aircraft. The exemption created by this
 1269  subparagraph is in addition to the exemptions provided in
 1270  subparagraph 1. and s. 212.05(1)(a).
 1271         (hhh) Fractional aircraft ownership programs—The sale or
 1272  use of aircraft primarily used in a fractional aircraft
 1273  ownership program or of any parts or labor used in the
 1274  completion, maintenance, repair, or overhaul of such aircraft is
 1275  exempt from the tax imposed by this chapter. The exemption is
 1276  not allowed unless the program manager of the fractional
 1277  aircraft ownership program furnishes the dealer with a
 1278  certificate stating that the lease, purchase, repair, or
 1279  maintenance is for aircraft primarily used in a fractional
 1280  aircraft ownership program and that the program manager
 1281  qualifies for the exemption. If a program manager makes tax
 1282  exempt purchases on a continual basis, the program manager may
 1283  allow the dealer to keep the certificate on file. The program
 1284  manager must inform a dealer that keeps the certificate on file
 1285  if the program manager no longer qualifies for the exemption.
 1286  The department may adopt rules to administer this paragraph,
 1287  including rules determining the format of the certificate.
 1288         Section 10. Effective July 1, 2010, paragraph (z) is added
 1289  to subsection (8) of section 213.053, Florida Statutes, to read:
 1290         213.053 Confidentiality and information sharing.—
 1291         (8) Notwithstanding any other provision of this section,
 1292  the department may provide:
 1293         (z) Information relative to tax credits taken under s.
 1294  288.1254 to the Office of Film and Entertainment and the Office
 1295  of Tourism, Trade, and Economic Development.
 1296  
 1297  Disclosure of information under this subsection shall be
 1298  pursuant to a written agreement between the executive director
 1299  and the agency. Such agencies, governmental or nongovernmental,
 1300  shall be bound by the same requirements of confidentiality as
 1301  the Department of Revenue. Breach of confidentiality is a
 1302  misdemeanor of the first degree, punishable as provided by s.
 1303  775.082 or s. 775.083.
 1304         Section 11. Effective July 1, 2010, subsection (8) of
 1305  section 220.02, Florida Statutes, is amended to read:
 1306         220.02 Legislative intent.—
 1307         (8) It is the intent of the Legislature that credits
 1308  against either the corporate income tax or the franchise tax be
 1309  applied in the following order: those enumerated in s. 631.828,
 1310  those enumerated in s. 220.191, those enumerated in s. 220.181,
 1311  those enumerated in s. 220.183, those enumerated in s. 220.182,
 1312  those enumerated in s. 220.1895, those enumerated in s. 221.02,
 1313  those enumerated in s. 220.184, those enumerated in s. 220.186,
 1314  those enumerated in s. 220.1845, those enumerated in s. 220.19,
 1315  those enumerated in s. 220.185, those enumerated in s. 220.187,
 1316  those enumerated in s. 220.192, those enumerated in s. 220.193,
 1317  and those enumerated in s. 288.9916, those enumerated in s.
 1318  220.1899, and those enumerated in s. 220.1896.
 1319         Section 12. Paragraph (a) of subsection (1) of section
 1320  220.13, Florida Statutes, is amended to read:
 1321         220.13 “Adjusted federal income” defined.—
 1322         (1) The term “adjusted federal income” means an amount
 1323  equal to the taxpayer’s taxable income as defined in subsection
 1324  (2), or such taxable income of more than one taxpayer as
 1325  provided in s. 220.131, for the taxable year, adjusted as
 1326  follows:
 1327         (a) Additions.—There shall be added to such taxable income:
 1328         1. The amount of any tax upon or measured by income,
 1329  excluding taxes based on gross receipts or revenues, paid or
 1330  accrued as a liability to the District of Columbia or any state
 1331  of the United States which is deductible from gross income in
 1332  the computation of taxable income for the taxable year.
 1333         2. The amount of interest which is excluded from taxable
 1334  income under s. 103(a) of the Internal Revenue Code or any other
 1335  federal law, less the associated expenses disallowed in the
 1336  computation of taxable income under s. 265 of the Internal
 1337  Revenue Code or any other law, excluding 60 percent of any
 1338  amounts included in alternative minimum taxable income, as
 1339  defined in s. 55(b)(2) of the Internal Revenue Code, if the
 1340  taxpayer pays tax under s. 220.11(3).
 1341         3. In the case of a regulated investment company or real
 1342  estate investment trust, an amount equal to the excess of the
 1343  net long-term capital gain for the taxable year over the amount
 1344  of the capital gain dividends attributable to the taxable year.
 1345         4. That portion of the wages or salaries paid or incurred
 1346  for the taxable year which is equal to the amount of the credit
 1347  allowable for the taxable year under s. 220.181. This
 1348  subparagraph shall expire on the date specified in s. 290.016
 1349  for the expiration of the Florida Enterprise Zone Act.
 1350         5. That portion of the ad valorem school taxes paid or
 1351  incurred for the taxable year which is equal to the amount of
 1352  the credit allowable for the taxable year under s. 220.182. This
 1353  subparagraph shall expire on the date specified in s. 290.016
 1354  for the expiration of the Florida Enterprise Zone Act.
 1355         6. The amount of emergency excise tax paid or accrued as a
 1356  liability to this state under chapter 221 which tax is
 1357  deductible from gross income in the computation of taxable
 1358  income for the taxable year.
 1359         7. That portion of assessments to fund a guaranty
 1360  association incurred for the taxable year which is equal to the
 1361  amount of the credit allowable for the taxable year.
 1362         8. In the case of a nonprofit corporation which holds a
 1363  pari-mutuel permit and which is exempt from federal income tax
 1364  as a farmers’ cooperative, an amount equal to the excess of the
 1365  gross income attributable to the pari-mutuel operations over the
 1366  attributable expenses for the taxable year.
 1367         9. The amount taken as a credit for the taxable year under
 1368  s. 220.1895.
 1369         10. Up to nine percent of the eligible basis of any
 1370  designated project which is equal to the credit allowable for
 1371  the taxable year under s. 220.185.
 1372         11. The amount taken as a credit for the taxable year under
 1373  s. 220.187.
 1374         12. The amount taken as a credit for the taxable year under
 1375  s. 220.192.
 1376         13. The amount taken as a credit for the taxable year under
 1377  s. 220.193.
 1378         14. Any portion of a qualified investment, as defined in s.
 1379  288.9913, which is claimed as a deduction by the taxpayer and
 1380  taken as a credit against income tax pursuant to s. 288.9916.
 1381         15. The costs to acquire a tax credit pursuant to s.
 1382  288.1254(5) that are deducted from or otherwise reduce federal
 1383  taxable income for the taxable year.
 1384         Section 13. Effective July 1, 2010, section 220.1896,
 1385  Florida Statutes, is created to read:
 1386         220.1896 Jobs for the Unemployed Tax Credit Program.—
 1387         (1) As used in this section, the term:
 1388         (a) “Eligible business” means any target industry business
 1389  as defined in s. 288.106(2) which is subject to the tax imposed
 1390  by this chapter. The eligible business does not have to be
 1391  certified to receive the Qualified Target Industry Tax Refund
 1392  Incentive under s. 288.106 in order to receive the tax credit
 1393  available under this section.
 1394         (b) “Office” means the Office of Tourism, Trade, and
 1395  Economic Development.
 1396         (c) “Qualified employee” means a person:
 1397         1. Who was unemployed at least 30 days immediately prior to
 1398  being hired by an eligible business.
 1399         2. Who was hired by an eligible business on or after July
 1400  1, 2010, and had not previously been employed by the eligible
 1401  business or its parent or an affiliated corporation.
 1402         3. Who performed duties connected to the operations of the
 1403  eligible business on a regular, full-time basis for an average
 1404  of at least 36 hours per week and for at least 12 months before
 1405  an eligible business is awarded a tax credit.
 1406         4. Whose employment by the eligible business has not formed
 1407  the basis for any other claim to a credit pursuant to this
 1408  section.
 1409         (2) A certified business shall receive a $1,000 tax credit
 1410  for each qualified employee, pursuant to limitation in
 1411  subsection (5).
 1412         (3)(a) In order to become a certified business, an eligible
 1413  business must file under oath with the office an application
 1414  that includes:
 1415         1. The name, address and NAICS identifying code of the
 1416  eligible business.
 1417         2. Relevant employment information.
 1418         3. A sworn affidavit, signed by each employee, attesting to
 1419  his or her previous unemployment for whom the eligible business
 1420  is seeking credits under this section.
 1421         4. Verification that the wages paid by the eligible
 1422  business to each of its qualified employees exceeds the wage
 1423  eligibility levels for Medicaid and other public assistance
 1424  programs.
 1425         5. Any other information necessary to process the
 1426  application.
 1427         (b) The office shall process applications to certify a
 1428  business in the order in which the applications are received,
 1429  without regard as to whether the applicant is a new or an
 1430  existing business. The office shall review and approve or deny
 1431  an application within 10 days after receiving a completed
 1432  application. The office shall notify the applicant in writing as
 1433  to the office’s decision.
 1434         (c)1. The office shall submit a copy of the letter of
 1435  certification to the department within 10 days after the office
 1436  issues the letter of certification to the applicant.
 1437         2. If the application of an eligible business is not
 1438  sufficient to certify the applicant business, the office must
 1439  deny the application and issue a notice of denial to the
 1440  applicant.
 1441         3. If the application of an eligible business does not
 1442  contain sufficient documentation of the number of qualified
 1443  employees, the office shall approve the application with respect
 1444  to the employees for whom the office determines are qualified
 1445  employees. The office must deny the application with respect to
 1446  persons for whom the office determines are not qualified
 1447  employees or for whom insufficient documentation has been
 1448  provided. A business may not submit a revised application for
 1449  certification or for the determination of a person as a
 1450  qualified employee more than 3 months after the issuance of a
 1451  notice of denial with respect to the business or a particular
 1452  person as a qualified employee.
 1453         (4) The applicant for a tax credit under this section has
 1454  the responsibility to affirmatively demonstrate to the
 1455  satisfaction of the office and the department that the applicant
 1456  and the persons claimed as qualified employees meet the
 1457  requirements of this section.
 1458         (5) The total amount of tax credits under this section
 1459  which may be approved by the office for all applicants is $10
 1460  million, with $5 million available to be awarded in the 2011
 1461  2012 fiscal year and $5 million available to be awarded in the
 1462  2012-2013 fiscal year.
 1463         (6) A tax credit amount that is granted under this section
 1464  which is not fully used in the first year for which it becomes
 1465  available, may be carried forward to the subsequent taxable
 1466  year. The carryover credit may be used in the subsequent year if
 1467  the tax imposed by this chapter for such year exceeds the credit
 1468  for such year under this section after applying the other
 1469  credits and unused credit carryovers in the order provided in s.
 1470  220.02(8).
 1471         (7) A person who fraudulently claims a credit under this
 1472  section is liable for repayment of the credit plus a mandatory
 1473  penalty of 100 percent of the credit. Such person also commits a
 1474  misdemeanor of the second degree, punishable as provided in s.
 1475  775.082 or s. 775.083.
 1476         (8) The office may adopt rules governing the manner and
 1477  form of applications for the tax credit. The office may
 1478  establish guidelines for making an affirmative showing of
 1479  qualification for the tax credit under this section.
 1480         (9) The department may adopt rules to administer this
 1481  section, including rules relating to the creation of forms to
 1482  claim a tax credit and examination and audit procedures required
 1483  to administer this section.
 1484         (10) This section expires June 30, 2012. However, a
 1485  taxpayer that is awarded a tax credit in the second year of the
 1486  program may carry forward any unused credit amount to the
 1487  subsequent tax reporting period. Rules adopted by the department
 1488  to administer this section shall remain valid as long as a
 1489  taxpayer may use a credit against its corporate income tax
 1490  liability.
 1491         Section 14. Effective July 1, 2010, section 220.1899,
 1492  Florida Statutes, is created to read:
 1493         220.1899 Entertainment industry tax credit.—
 1494         (1) There shall be a credit allowed against the tax imposed
 1495  by this chapter in the amounts awarded by the Office of Tourism,
 1496  Trade, and Economic Development under the entertainment industry
 1497  financial incentive program in s. 288.1254.
 1498         (2) A qualified production company as defined in s.
 1499  288.1254 that is awarded a tax credit under s. 288.1254 may not
 1500  claim the credit before July 1, 2011, regardless of when the
 1501  credit is awarded.
 1502         (3) To the extent that the amount of a tax credit exceeds
 1503  the amount due on a return, the balance of the credit may be
 1504  carried forward to a succeeding taxable year pursuant to s.
 1505  288.1254(4)(e).
 1506         Section 15. Subsection (1) of section 288.018, Florida
 1507  Statutes, is amended to read:
 1508         288.018 Regional Rural Development Grants Program.—
 1509         (1) The Office of Tourism, Trade, and Economic Development
 1510  shall establish a matching grant program to provide funding to
 1511  regionally based economic development organizations representing
 1512  rural counties and communities for the purpose of building the
 1513  professional capacity of their organizations. Such matching
 1514  grants may also be used by an economic development organization
 1515  to provide technical assistance to businesses within the rural
 1516  counties and communities that it serves. The Office of Tourism,
 1517  Trade, and Economic Development is authorized to approve, on an
 1518  annual basis, grants to such regionally based economic
 1519  development organizations. The maximum amount an organization
 1520  may receive in any year will be $35,000, or $100,000 in a rural
 1521  area of critical economic concern recommended by the Rural
 1522  Economic Development Initiative and designated by the Governor,
 1523  and must be matched each year by an equivalent amount of
 1524  nonstate resources.
 1525         Section 16. Effective July 1, 2010, section 288.0659,
 1526  Florida Statutes, is created to read:
 1527         288.0659 Local Government Distressed Area Matching Grant
 1528  Program.—
 1529         (1) The Local Government Distressed Area Matching Grant
 1530  Program is created within the Office of Tourism, Trade, and
 1531  Economic Development. The purpose of the program is to stimulate
 1532  investment in the state’s economy by providing grants to match
 1533  demonstrated business assistance by local governments to attract
 1534  and retain businesses in this state.
 1535         (2) As used in this section, the term:
 1536         (a) “Local government” means a county or municipality.
 1537         (b) “Office” means the Office of Tourism, Trade, and
 1538  Economic Development.
 1539         (c) “Qualified business assistance” means economic
 1540  incentives provided by a local government for the purpose of
 1541  attracting or retaining a specific business, including, but not
 1542  limited to, suspensions, waivers, or reductions of impact fees
 1543  or permit fees; direct incentive payments; expenditures for
 1544  onsite or offsite improvements directly benefiting a specific
 1545  business; or construction or renovation of buildings for a
 1546  specific business.
 1547         (3) The office may accept and administer moneys
 1548  appropriated to the office for providing grants to match
 1549  expenditures by local governments to attract or retain
 1550  businesses in this state.
 1551         (4) A local government may apply for grants to match
 1552  qualified business assistance made by the local government for
 1553  the purpose of attracting or retaining a specific business. A
 1554  local government may apply for no more than one grant per
 1555  targeted business. A local government may only have one
 1556  application pending with the office. Additional applications may
 1557  be filed after a previous application has been approved or
 1558  denied.
 1559         (5) To qualify for a grant, the business being targeted by
 1560  a local government must create at least 15 full-time jobs, must
 1561  be new to this state, must be expanding its operations in this
 1562  state, or would otherwise leave the state absent state and local
 1563  assistance, and the local government applying for the grant must
 1564  expedite its permitting processes for the target business by
 1565  accelerating the normal review and approval timelines. In
 1566  addition to these requirements, the office shall review the
 1567  grant requests using the following evaluation criteria, with
 1568  priority given in descending order:
 1569         (a) The presence and degree of pervasive poverty,
 1570  unemployment, and general distress as determined pursuant to s.
 1571  290.0058 in the area where the business will locate, with
 1572  priority given to locations with greater degrees of poverty,
 1573  unemployment, and general distress.
 1574         (b) The extent of reliance on the local government
 1575  expenditure as an inducement for the business’s location
 1576  decision, with priority given to higher levels of local
 1577  government expenditure.
 1578         (c) The number of new full-time jobs created, with priority
 1579  given to higher numbers of jobs created.
 1580         (d) The average hourly wage for jobs created, with priority
 1581  given to higher average wages.
 1582         (e) The amount of capital investment to be made by the
 1583  business, with priority given to higher amounts of capital
 1584  investment.
 1585         (6) In evaluating grant requests, the office shall take
 1586  into consideration the need for grant assistance as it relates
 1587  to the local government’s general fund balance as well as local
 1588  incentive programs that are already in existence.
 1589         (7) Funds made available pursuant to this section may not
 1590  be expended in connection with the relocation of a business from
 1591  one community to another community in this state unless the
 1592  office determines that without such relocation the business will
 1593  move outside this state or determines that the business has a
 1594  compelling economic rationale for the relocation which creates
 1595  additional jobs. Funds made available pursuant to this section
 1596  may not be used by the receiving local government to supplant
 1597  matching commitments required of the local government pursuant
 1598  to other state or federal incentive programs.
 1599         (8) Within 30 days after the office receives an application
 1600  for a grant, the office shall approve a preliminary grant
 1601  allocation or disapprove the application. The preliminary grant
 1602  allocation shall be based on estimates of qualified business
 1603  assistance submitted by the local government and shall equal 50
 1604  percent of the amount of the estimated qualified business
 1605  assistance or $50,000, whichever is less. The preliminary grant
 1606  allocation shall be executed by contract with the local
 1607  government. The contract shall set forth the terms and
 1608  conditions, including the timeframes within which the final
 1609  grant award will be disbursed. The final grant award may not
 1610  exceed the preliminary grant allocation. The office may approve
 1611  preliminary grant allocations only to the extent that funds are
 1612  appropriated for such grants by the Legislature.
 1613         (a) Preliminary grant allocations that are revoked or
 1614  voluntarily surrendered shall be immediately available for
 1615  reallocation.
 1616         (b) Recipients of preliminary grant allocations shall
 1617  promptly report to the office the date on which the local
 1618  government’s permitting and approval process is completed and
 1619  the date on which all qualified business assistance are
 1620  completed.
 1621         (9) The office shall make a final grant award to a local
 1622  government within 30 days after receiving information from the
 1623  local government sufficient to demonstrate actual qualified
 1624  business assistance. An awarded grant amount shall equal 50
 1625  percent of the amount of the qualified business assistance or
 1626  $50,000, whichever is less, and may not exceed the preliminary
 1627  grant allocation. The amount by which a preliminary grant
 1628  allocation exceeds a final grant award shall be immediately
 1629  available for reallocation.
 1630         (10) Up to 2 percent of the funds appropriated annually be
 1631  the Legislature for the program may be used by the office for
 1632  direct administrative costs associated with implementing this
 1633  section.
 1634         Section 17. Paragraph (j) of subsection (1) of section
 1635  288.1045, Florida Statutes, is amended to read:
 1636         288.1045 Qualified defense contractor and space flight
 1637  business tax refund program.—
 1638         (1) DEFINITIONS.—As used in this section:
 1639         (j) “Jobs” means full-time equivalent positions, including,
 1640  but not limited to, positions obtained from a temporary
 1641  employment agency or employee leasing company or through a union
 1642  agreement or coemployment under a professional employer
 1643  organization agreement, that consistent with the use of such
 1644  terms by the Agency for Workforce Innovation for the purpose of
 1645  unemployment compensation tax, created or retained as a direct
 1646  result directly from of a project in this state. This number
 1647  does not include temporary construction jobs involved with the
 1648  construction of facilities for the project.
 1649         Section 18. Paragraphs (c), (d), and (e) of subsection (2)
 1650  of section 288.106, Florida Statutes, are redesignated as
 1651  paragraphs (d), (e), and (f), respectively, and paragraph (o) of
 1652  subsection (1), paragraph (b) of subsection (2), paragraphs (a)
 1653  and (b) of subsection (3), and subsection (8) of that section
 1654  are amended to read:
 1655         288.106 Tax refund program for qualified target industry
 1656  businesses.—
 1657         (1) DEFINITIONS.—As used in this section:
 1658         (o) “Target industry business” means a corporate
 1659  headquarters business or any business that is engaged in one of
 1660  the target industries identified pursuant to the following
 1661  criteria developed by the office in consultation with Enterprise
 1662  Florida, Inc.:
 1663         1. Future growth.—Industry forecasts should indicate strong
 1664  expectation for future growth in both employment and output,
 1665  according to the most recent available data. Special
 1666  consideration should be given to businesses that export goods or
 1667  services Florida’s growing access to international markets or to
 1668  businesses that replace domestic and international replacing
 1669  imports of goods or services.
 1670         2. Stability.—The industry should not be subject to
 1671  periodic layoffs, whether due to seasonality or sensitivity to
 1672  volatile economic variables such as weather. The industry should
 1673  also be relatively resistant to recession, so that the demand
 1674  for products of this industry is not typically necessarily
 1675  subject to decline during an economic downturn.
 1676         3. High wage.—The industry should pay relatively high wages
 1677  compared to statewide or area averages.
 1678         4. Market and resource independent.—The location of
 1679  industry businesses should not be dependent on Florida markets
 1680  or resources as indicated by industry analysis, except for
 1681  businesses in the renewable energy industry. Special
 1682  consideration should be given to the development of strong
 1683  industrial clusters which include defense and homeland security
 1684  businesses.
 1685         5. Industrial base diversification and strengthening.—The
 1686  industry should contribute toward expanding or diversifying the
 1687  state’s or area’s economic base, as indicated by analysis of
 1688  employment and output shares compared to national and regional
 1689  trends. Special consideration should be given to industries that
 1690  strengthen regional economies by adding value to basic products
 1691  or building regional industrial clusters as indicated by
 1692  industry analysis. Special consideration should also be given to
 1693  the development of strong industrial clusters which include
 1694  defense and homeland security businesses.
 1695         6. Economic benefits.—The industry is expected to should
 1696  have strong positive impacts on or benefits to the state or and
 1697  regional economies.
 1698  
 1699  The office, in consultation with Enterprise Florida, Inc., shall
 1700  develop a list of such target industries annually and submit
 1701  such list as part of the final agency legislative budget request
 1702  submitted pursuant to s. 216.023(1). A target industry business
 1703  may not include any business industry engaged in retail industry
 1704  activities; any electrical utility company; any phosphate or
 1705  other solid minerals severance, mining, or processing operation;
 1706  any oil or gas exploration or production operation; or any
 1707  business firm subject to regulation by the Division of Hotels
 1708  and Restaurants of the Department of Business and Professional
 1709  Regulation. Any business within NAICS code 5611 or 5614, office
 1710  administrative services and business support services,
 1711  respectively, may be considered a target industry business only
 1712  after the local governing body and Enterprise Florida, Inc.,
 1713  make a determination that the community where the business may
 1714  locate has conditions affecting the fiscal and economic
 1715  viability of the local community or area, including but not
 1716  limited to, factors such as low per capita income, high
 1717  unemployment, high underemployment, and a lack of year-round
 1718  stable employment opportunities, and such conditions may be
 1719  improved by the location of such a business to the community. By
 1720  January 1 of every 3rd year, beginning January 1, 2011, the
 1721  office, in consultation with Enterprise Florida, Inc., economic
 1722  development organizations, the State University System, local
 1723  governments, employee and employer organizations, market
 1724  analysts, and economists, shall review and, as appropriate,
 1725  revise the list of such target industries and submit the list to
 1726  the Governor, the President of the Senate, and the Speaker of
 1727  the House of Representatives.
 1728         (2) TAX REFUND; ELIGIBLE AMOUNTS.—
 1729         (b)1. Upon approval by the office director, a qualified
 1730  target industry business shall be allowed tax refund payments
 1731  equal to $3,000 multiplied by times the number of jobs specified
 1732  in the tax refund agreement under subparagraph (4)(a)1., or
 1733  equal to $6,000 multiplied by times the number of jobs if the
 1734  project is located in a rural community county or an enterprise
 1735  zone.
 1736         2.Further, A qualified target industry business shall be
 1737  allowed additional tax refund payments equal to $1,000
 1738  multiplied by times the number of jobs specified in the tax
 1739  refund agreement under subparagraph (4)(a)1., if such jobs pay
 1740  an annual average wage of at least 150 percent of the average
 1741  private sector wage in the area, or equal to $2,000 multiplied
 1742  by times the number of jobs if such jobs pay an annual average
 1743  wage of at least 200 percent of the average private sector wage
 1744  in the area.
 1745         3. A qualified target industry business shall be allowed
 1746  tax refund payments in addition to the other payments authorized
 1747  in this paragraph equal to $1,000 multiplied by the number of
 1748  jobs specified in the tax refund agreement under subparagraph
 1749  (4)(a)1. if the local financial support is equal to that of the
 1750  state’s incentive award under subparagraph 1.
 1751         4. In addition to the other tax refund payments authorized
 1752  in this paragraph, a qualified target industry business shall be
 1753  allowed a tax refund payment equal to $2,000 multiplied by the
 1754  number of jobs specified in the tax refund agreement under
 1755  subparagraph (4)(a)1. if the business:
 1756         a. Falls within one of the high-impact sectors designated
 1757  under s. 288.108; or
 1758         b. Increases exports of its goods through a seaport or
 1759  airport in the state by at least 10 percent in value or tonnage
 1760  in each of the years that the business receives a tax refund
 1761  under this section. For purposes of this sub-subparagraph,
 1762  seaports in the state are limited to the ports of Jacksonville,
 1763  Tampa, Port Everglades, Miami, Port Canaveral, Ft. Pierce, Palm
 1764  Beach, Port Manatee, Port St. Joe, Panama City, St. Petersburg,
 1765  Pensacola, Fernandina, and Key West.
 1766         (c) A qualified target industry business may not receive
 1767  refund payments of more than 25 percent of the total tax refunds
 1768  specified in the tax refund agreement under subparagraph
 1769  (4)(a)1. in any fiscal year. Further, a qualified target
 1770  industry business may not receive more than $1.5 million in
 1771  refunds under this section in any single fiscal year, or more
 1772  than $2.5 million in any single fiscal year if the project is
 1773  located in an enterprise zone. A qualified target industry may
 1774  not receive more than $5 million in refund payments under this
 1775  section in all fiscal years, or more than $7.5 million if the
 1776  project is located in an enterprise zone. Funds made available
 1777  pursuant to this section may not be expended in connection with
 1778  the relocation of a business from one community to another
 1779  community in this state unless the Office of Tourism, Trade, and
 1780  Economic Development determines that without such relocation the
 1781  business will move outside this state or determines that the
 1782  business has a compelling economic rationale for the relocation
 1783  and that the relocation will create additional jobs.
 1784         (3) APPLICATION AND APPROVAL PROCESS.—
 1785         (a) To apply for certification as a qualified target
 1786  industry business under this section, the business must file an
 1787  application with the office before the business decides has made
 1788  the decision to locate a new business in this state or before
 1789  the business decides had made the decision to expand its an
 1790  existing operations business in this state. The application
 1791  shall include, but need is not be limited to, the following
 1792  information:
 1793         1. The applicant’s federal employer identification number
 1794  and, if applicable, the applicant’s state sales tax registration
 1795  number.
 1796         2. The proposed permanent location of the applicant’s
 1797  facility in this state at which the project is or is to be
 1798  located.
 1799         3. A description of the type of business activity or
 1800  product covered by the project, including a minimum of a five
 1801  digit NAICS code for all activities included in the project. As
 1802  used in this paragraph, “NAICS” means those classifications
 1803  contained in the North American Industry Classification System,
 1804  as published in 2007 by the Office of Management and Budget,
 1805  Executive Office of the President and updated periodically.
 1806         4. The proposed number of net new full-time equivalent
 1807  Florida jobs at the qualified target industry business as of
 1808  December 31 of each year included in the project and the average
 1809  wage of those jobs. If more than one type of business activity
 1810  or product is included in the project, the number of jobs and
 1811  average wage for those jobs must be separately stated for each
 1812  type of business activity or product.
 1813         5. The total number of full-time equivalent employees
 1814  employed by the applicant in this state, if applicable.
 1815         6. The anticipated commencement date of the project.
 1816         7. A brief statement explaining concerning the role that
 1817  the estimated tax refunds to be requested will play in the
 1818  decision of the applicant to locate or expand in this state.
 1819         8. An estimate of the proportion of the sales resulting
 1820  from the project that will be made outside this state.
 1821         9. An estimate of the proportion of the cost of the
 1822  machinery and equipment, and any other resources necessary in
 1823  the development of its product or service, to be used by the
 1824  business in its Florida operations which will be purchased
 1825  outside this state.
 1826         10.9. A resolution adopted by the governing board of the
 1827  county or municipality in which the project will be located,
 1828  which resolution recommends that the project certain types of
 1829  businesses be approved as a qualified target industry business
 1830  and specifies states that the commitments of local financial
 1831  support necessary for the target industry business exist. Before
 1832  In advance of the passage of such resolution, the office may
 1833  also accept an official letter from an authorized local economic
 1834  development agency that endorses the proposed target industry
 1835  project and pledges that sources of local financial support for
 1836  such project exist. For the purposes of making pledges of local
 1837  financial support under this subparagraph subsection, the
 1838  authorized local economic development agency shall be officially
 1839  designated by the passage of a one-time resolution by the local
 1840  governing board authority.
 1841         11.10. Any additional information requested by the office.
 1842         (b) To qualify for review by the office, the application of
 1843  a target industry business must, at a minimum, establish the
 1844  following to the satisfaction of the office:
 1845         1.a. The jobs proposed to be created provided under the
 1846  application, pursuant to subparagraph (a)4., must pay an
 1847  estimated annual average wage equaling at least 115 percent of
 1848  the average private sector wage in the area where the business
 1849  is to be located or the statewide private sector average wage.
 1850  The governing board of the county where the qualified target
 1851  industry business is to be located shall notify the office and
 1852  Enterprise Florida, Inc., which calculation of the average
 1853  private sector wage in the area must be used as the basis for
 1854  the business’ wage commitment. In determining the average annual
 1855  wage, the office shall include only new proposed jobs, and wages
 1856  for existing jobs shall be excluded from this calculation.
 1857         b. The office may waive the average wage requirement at the
 1858  request of the local governing body recommending the project and
 1859  Enterprise Florida, Inc. The office may waive the wage
 1860  requirement may only be waived for a project located in a
 1861  brownfield area designated under s. 376.80, or in a rural city,
 1862  in a rural community, or county or in an enterprise zone, or for
 1863  a manufacturing project at any location in the state if the jobs
 1864  proposed to be created pay an estimated annual average wage
 1865  equaling at least 100 percent of the average private sector wage
 1866  in the area where the business is to be located, and only if
 1867  when the merits of the individual project or the specific
 1868  circumstances in the community in relationship to the project
 1869  warrant such action. If the local governing body and Enterprise
 1870  Florida, Inc., make such a recommendation, it must be
 1871  transmitted in writing, and the specific justification for the
 1872  waiver recommendation must be explained. If the office director
 1873  elects to waive the wage requirement, the waiver must be stated
 1874  in writing, and the reasons for granting the waiver must be
 1875  explained.
 1876         2. The target industry business’s project must result in
 1877  the creation of at least 10 jobs at the such project and, in the
 1878  case of if an expansion of an existing business, must result in
 1879  a net increase in employment of at least 10 percent at the
 1880  business. Notwithstanding the definition of the term “expansion
 1881  of an existing business” in paragraph (1)(g), At the request of
 1882  the local governing body recommending the project and Enterprise
 1883  Florida, Inc., the office may waive this requirement for a
 1884  business define an “expansion of an existing business” in a
 1885  rural community or an enterprise zone as the expansion of a
 1886  business resulting in a net increase in employment of less than
 1887  10 percent at such business if the merits of the individual
 1888  project or the specific circumstances in the community in
 1889  relationship to the project warrant such action. If the local
 1890  governing body and Enterprise Florida, Inc., make such a
 1891  request, the request must be transmitted in writing, and the
 1892  specific justification for the request must be explained. If the
 1893  office director elects to grant the request, the grant must be
 1894  stated in writing and the reason for granting the request must
 1895  be explained.
 1896         3. The business activity or product for the applicant’s
 1897  project must be is within an industry or industries that have
 1898  been identified by the office as a target industry business to
 1899  be high-value-added industries that contributes contribute to
 1900  the area and to the economic growth of the state and the area in
 1901  which the business is located, that produces produce a higher
 1902  standard of living for residents of this state in the new global
 1903  economy, or that can be shown to make an equivalent contribution
 1904  to the area’s area and state’s economic progress. The director
 1905  must approve requests to waive the wage requirement for
 1906  brownfield areas designated under s. 376.80 unless it is
 1907  demonstrated that such action is not in the public interest.
 1908         (8) EXPIRATION.—An applicant may not be certified as
 1909  qualified under this section after June 30, 2020 2010. A tax
 1910  refund agreement existing on that date shall continue in effect
 1911  in accordance with its terms.
 1912         Section 19. Paragraph (f) of subsection (1) and paragraph
 1913  (d) of subsection (4) of section 288.107, Florida Statutes, are
 1914  amended to read:
 1915         288.107 Brownfield redevelopment bonus refunds.—
 1916         (1) DEFINITIONS.—As used in this section:
 1917         (f) “Jobs” means full-time equivalent positions, including,
 1918  but not limited to, positions obtained from a temporary
 1919  employment agency or employee leasing company or through a union
 1920  agreement or coemployment under a professional employer
 1921  organization agreement, that result as that term is consistent
 1922  with terms used by the Agency for Workforce Innovation for the
 1923  purpose of unemployment compensation tax, resulting directly
 1924  from a project in this state. The term does not include
 1925  temporary construction jobs involved with the construction of
 1926  facilities for the project and which are not associated with the
 1927  implementation of the site rehabilitation as provided in s.
 1928  376.80.
 1929         (4) PAYMENT OF BROWNFIELD REDEVELOPMENT BONUS REFUNDS.—
 1930         (d) After entering into a tax refund agreement as provided
 1931  in s. 288.106 or other similar agreement for other eligible
 1932  businesses as defined in paragraph (1)(e), an eligible business
 1933  may receive brownfield redevelopment bonus refunds from the
 1934  account pursuant to s. 288.106(2)(d)(c).
 1935         Section 20. Paragraphs (a) and (g) of subsection (2),
 1936  paragraph (b) of subsection (3), and paragraph (a) of subsection
 1937  (6) of section 288.108, Florida Statutes, are amended to read:
 1938         288.108 High-impact business.—
 1939         (2) DEFINITIONS.—As used in this section, the term:
 1940         (a) “Eligible high-impact business” means a business in one
 1941  of the high-impact sectors identified by Enterprise Florida,
 1942  Inc., and certified by the Office of Tourism, Trade, and
 1943  Economic Development as provided in subsection (5), which is
 1944  making a cumulative investment in the state of at least $50 $100
 1945  million and creating at least 50 100 new full-time equivalent
 1946  jobs in the state or a research and development facility making
 1947  a cumulative investment of at least $25 $75 million and creating
 1948  at least 25 75 new full-time equivalent jobs. Such investment
 1949  and employment must be achieved in a period not to exceed 3
 1950  years after the date the business is certified as a qualified
 1951  high-impact business.
 1952         (g) “Jobs” means full-time equivalent positions, including,
 1953  but not limited to, positions obtained from a temporary
 1954  employment agency or employee leasing company or through a union
 1955  agreement or coemployment under a professional employer
 1956  organization agreement, that result as that term is consistent
 1957  with terms used by the Agency for Workforce Innovation and the
 1958  United States Department of Labor for purposes of unemployment
 1959  compensation tax administration and employment estimation,
 1960  resulting directly from a project in this state. The term does
 1961  not include temporary construction jobs involved in the
 1962  construction of the project facility.
 1963         (3) HIGH-IMPACT SECTOR PERFORMANCE GRANTS; ELIGIBLE
 1964  AMOUNTS.—
 1965         (b) The office may, in consultation with Enterprise
 1966  Florida, Inc., negotiate qualified high-impact business
 1967  performance grant awards for any single qualified high-impact
 1968  business. In negotiating such awards, the office shall consider
 1969  the following guidelines in conjunction with other relevant
 1970  applicant impact and cost information and analysis as required
 1971  in subsection (5). A qualified high-impact business making a
 1972  cumulative investment of $50 million and creating 50 jobs may be
 1973  eligible for a total qualified high-impact business performance
 1974  grant of $500,000 to $1 million. A qualified high-impact
 1975  business making a cumulative investment of $100 million and
 1976  creating 100 jobs may be eligible for a total qualified high
 1977  impact business performance grant of $1 million to $2 million. A
 1978  qualified high-impact business making a cumulative investment of
 1979  $800 million and creating 800 jobs may be eligible for a
 1980  qualified high-impact business performance grant of $10 million
 1981  to $12 million. A qualified high-impact business engaged in
 1982  research and development making a cumulative investment of $25
 1983  million and creating 25 jobs may be eligible for a total
 1984  qualified high-impact business performance grant of $700,000 to
 1985  $1 million. A qualified high-impact business, engaged in
 1986  research and development, making a cumulative investment of $75
 1987  million, and creating 75 jobs may be eligible for a total
 1988  qualified high-impact business performance grant of $2 million
 1989  to $3 million. A qualified high-impact business, engaged in
 1990  research and development, making a cumulative investment of $150
 1991  million, and creating 150 jobs may be eligible for a qualified
 1992  high-impact business performance grant of $3.5 million to $4.5
 1993  million.
 1994         (6) SELECTION AND DESIGNATION OF HIGH-IMPACT SECTORS.—
 1995         (a) Enterprise Florida, Inc., shall, by January 1, of every
 1996  third year, beginning January 1, 2011, at its discretion,
 1997  initiate the process of reviewing and, if appropriate, selecting
 1998  a new high-impact sector for designation or recommending the
 1999  deactivation of a designated high-impact sector. The process of
 2000  reviewing designated high-impact sectors or recommending the
 2001  deactivation of a designated high-impact sector shall be in
 2002  consultation with the office, economic development
 2003  organizations, the State University System, local governments,
 2004  employee and employer organizations, market analysts, and
 2005  economists.
 2006         Section 21. Section 288.1083, Florida Statutes, is created
 2007  to read:
 2008         288.1083 Manufacturing and Spaceport Investment Incentive
 2009  Program.—
 2010         (1) The Manufacturing and Spaceport Investment Incentive
 2011  Program is created within the Office of Tourism, Trade, and
 2012  Economic Development. The purpose of the program is to encourage
 2013  capital investment and job creation in manufacturing and
 2014  spaceport activities in this state.
 2015         (2) As used in this section, the term:
 2016         (a) “Base year purchases” means the total cost of eligible
 2017  equipment purchased and placed into service in this state by an
 2018  eligible entity in its tax year that began in 2008.
 2019         (b) “Department” means the Department of Revenue.
 2020         (c) “Eligible entity” means an entity that manufactures,
 2021  processes, compounds, or produces items for sale of tangible
 2022  personal property or engages in spaceport activities. The term
 2023  also includes an entity that engages in phosphate or other solid
 2024  minerals severance, mining, or processing operations. The term
 2025  does not include electric utility companies, communications
 2026  companies, oil or gas exploration or production operations,
 2027  publishing firms that do not export at least 50 percent of their
 2028  finished product out of the state, any firm subject to
 2029  regulation by the Division of Hotels and Restaurants of the
 2030  Department of Business and Professional Regulation, or any firm
 2031  that does not manufacture, process, compound, or produce for
 2032  sale items of tangible personal property or that does not use
 2033  such machinery and equipment in spaceport activities.
 2034         (d) “Eligible equipment” means tangible personal property
 2035  or other property that has a depreciable life of 3 years or more
 2036  and that is used as an integral part in the manufacturing,
 2037  processing, compounding, or production of tangible personal
 2038  property for sale or is exclusively used in spaceport
 2039  activities, and that is located and placed into service in this
 2040  state. A building and its structural components are not eligible
 2041  equipment unless the building or structural component is so
 2042  closely related to the industrial machinery and equipment that
 2043  it houses or supports that the building or structural component
 2044  can be expected to be replaced when the machinery and equipment
 2045  are replaced. Heating and air-conditioning systems are not
 2046  eligible equipment unless the sole justification for their
 2047  installation is to meet the requirements of the production
 2048  process, even though the system may provide incidental comfort
 2049  to employees or serve, to an insubstantial degree, nonproduction
 2050  activities. The term includes parts and accessories only to the
 2051  extent that the exemption of such parts and accessories is
 2052  consistent with the provisions of this paragraph.
 2053         (e) “Eligible equipment purchases” means the cost of
 2054  eligible equipment purchased and placed into service in this
 2055  state in a given state fiscal year by an eligible entity in
 2056  excess of the entity’s base year purchases.
 2057         (f) “Office” means the Office of Tourism, Trade, and
 2058  Economic Development.
 2059         (g) “Refund” means a payment to an eligible entity for the
 2060  amount of state sales and use tax actually paid on eligible
 2061  equipment purchases.
 2062         (3) Beginning July 1, 2010, and ending June 30, 2011, and
 2063  beginning July 1, 2011, and ending June 30, 2012, sales and use
 2064  tax paid in this state on eligible equipment purchases may
 2065  qualify for a refund as provided in this section. The total
 2066  amount of refunds that may be allocated by the office to all
 2067  applicants during the period beginning July 1, 2010, and ending
 2068  June 30, 2011, is $19 million. The total amount of tax refunds
 2069  that may be allocated to all applicants during the period
 2070  beginning July 1, 2011, and ending June 30, 2012, is $24
 2071  million. An applicant may not be allocated more than $50,000 in
 2072  refunds under this section for a single year. Preliminary refund
 2073  allocations that are revoked or voluntarily surrendered shall be
 2074  immediately available for reallocation.
 2075         (4) To receive a refund, a business entity must first apply
 2076  to the office for a tax refund allocation. The entity shall
 2077  provide such information in the application as reasonably
 2078  required by the office. Further, the business entity shall
 2079  provide such information as is required by the office to
 2080  establish the cost incurred and actual sales and use tax paid to
 2081  purchase eligible equipment located and placed into service in
 2082  this state during its taxable year that began in 2008.
 2083         (a) Within 30 days after the office receives an application
 2084  for a refund, the office shall approve or disapprove the
 2085  application.
 2086         (b) Refund allocations made during the 2010-2011 fiscal
 2087  year shall be awarded in the same order in which applications
 2088  are received. Eligible entities may apply to the office
 2089  beginning July 1, 2010 for refunds attributable to eligible
 2090  equipment purchases made during the 2010-2011 fiscal year. For
 2091  the 2010-2011 fiscal year, the office shall allocate the maximum
 2092  amount of $50,000 per entity until the entire $19 million
 2093  available for refund in state fiscal year 2010-2011 has been
 2094  allocated. If the total amount available for allocation during
 2095  the 2010-2011 fiscal year is allocated, the office shall
 2096  continue taking applications. Each applicant shall be informed
 2097  of its place in the queue and whether the applicant received an
 2098  allocation of the eligible funds.
 2099         (c) Refund allocations made during the 2011-2012 fiscal
 2100  year shall first be given to any applicants remaining in the
 2101  queue from the prior fiscal year. The office shall allocate the
 2102  maximum amount of $50,000 per entity, first to those applicants
 2103  that remained in the queue from 2010-2011 for eligible purchases
 2104  in 2010-2011, then to applicants for 2011-2012 in the order
 2105  applications are received for eligible purchases in 2011-2012.
 2106  The office shall allocate the maximum amount of $50,000 per
 2107  entity until the entire $24 million available to be allocated
 2108  for refund in the 2011-2012 fiscal year is allocated. If the
 2109  total amount available for refund in 2011-2012 has been
 2110  allocated, the office shall continue to accept applications from
 2111  eligible entities in the 2011-2012 fiscal year for refunds
 2112  attributable to eligible equipment purchases made during the
 2113  2011-2012 fiscal year. Refund allocations made during the 2011
 2114  2012 fiscal year shall be awarded in the same order in which
 2115  applications are received. Upon submitting an application, each
 2116  applicant shall be informed of its place in the queue and
 2117  whether the applicant has received an allocation of the eligible
 2118  funds.
 2119         (5) Upon completion of eligible equipment purchases, a
 2120  business entity that received a refund allocation from the
 2121  office must apply to the office for certification of a refund.
 2122  For eligible equipment purchases made during the 2010-2011
 2123  fiscal year, the application for certification must be made no
 2124  later than September 1, 2011. For eligible equipment purchases
 2125  made during the 2011-2012 fiscal year, the application for
 2126  certification must be made no later than September 1, 2012. The
 2127  application shall provide such documentation as is reasonably
 2128  required by the office to calculate the refund amount including
 2129  documentation necessary to confirm the cost of eligible
 2130  equipment purchases supporting the claim of the sales and use
 2131  tax paid thereon. Further, the business entity shall provide
 2132  such documentation as required by the office to establish the
 2133  entity’s base year purchases. If, upon reviewing the
 2134  application, the office determines that eligible equipment
 2135  purchases did not occur, that the amount of tax claimed to have
 2136  been paid or remitted on the eligible equipment purchases is not
 2137  supported by the documentation provided, or that the information
 2138  provided to the office was otherwise inaccurate, the amount of
 2139  the refund allocation not substantiated shall not be certified.
 2140  Otherwise, the office shall determine and certify the amount of
 2141  the refund to the eligible entity and to the department within
 2142  30 days after the office receives the application for
 2143  certification.
 2144         (6) Upon certification of a refund for an eligible entity,
 2145  the entity shall apply to the department within 30 days for
 2146  payment of the certified amount as a refund on a form prescribed
 2147  by the department. The department may request documentation in
 2148  support of the application and adopt emergency rules to
 2149  administer the refund application process.
 2150         (7) For each of the 2010-2011 and 2011-2012 fiscal years,
 2151  if the amount certified is less than the amount allocated,
 2152  additional applicants shall be eligible to receive refund
 2153  allocations in the order that applications are received for that
 2154  year.
 2155         (8) An entity may receive refunds in each of the two years
 2156  but only to the extent that the entity has eligible equipment
 2157  purchases in each year. In no event may refunds for eligible
 2158  equipment purchases made during 2010-11 result in more than
 2159  $50,000 of refunds per entity.
 2160         (9) The office shall adopt emergency rules governing
 2161  applications for, issuance of, and procedures for allocation and
 2162  certification and may establish guidelines as to the requisites
 2163  for an demonstrating base year purchases and eligible equipment
 2164  purchases.
 2165         (10) This section is repealed July 1, 2013.
 2166         Section 22. Subsection (3) of section 288.1088, Florida
 2167  Statutes, is amended, and subsections (4) and (5) are added to
 2168  that section, to read:
 2169         288.1088 Quick Action Closing Fund.—
 2170         (3)(a) Enterprise Florida, Inc., shall review applications
 2171  pursuant to s. 288.061 and determine the eligibility of each
 2172  project consistent with the criteria in subsection (2).
 2173  Enterprise Florida, Inc., in consultation with the Office of
 2174  Tourism, Trade, and Economic Development, may waive these
 2175  criteria based on extraordinary circumstances or in rural areas
 2176  of critical economic concern if the project would significantly
 2177  benefit the local or regional economy.
 2178         (b) Enterprise Florida, Inc., shall evaluate individual
 2179  proposals for high-impact business facilities and forward
 2180  recommendations regarding the use of moneys in the fund for such
 2181  facilities to the director of the Office of Tourism, Trade, and
 2182  Economic Development. Such evaluation and recommendation must
 2183  include, but need not be limited to:
 2184         1. A description of the type of facility or infrastructure,
 2185  its operations, and the associated product or service associated
 2186  with the facility.
 2187         2. The number of full-time-equivalent jobs that will be
 2188  created by the facility and the total estimated average annual
 2189  wages of those jobs or, in the case of privately developed rural
 2190  infrastructure, the types of business activities and jobs
 2191  stimulated by the investment.
 2192         3. The cumulative amount of investment to be dedicated to
 2193  the facility within a specified period.
 2194         4. A statement of any special impacts the facility is
 2195  expected to stimulate in a particular business sector in the
 2196  state or regional economy or in the state’s universities and
 2197  community colleges.
 2198         5. A statement of the role the incentive is expected to
 2199  play in the decision of the applicant business to locate or
 2200  expand in this state or for the private investor to provide
 2201  critical rural infrastructure.
 2202         6. A report evaluating the quality and value of the company
 2203  submitting a proposal. The report must include:
 2204         a. A financial analysis of the company, including an
 2205  evaluation of the company’s short-term liquidity ratio as
 2206  measured by its assets to liability, the company’s profitability
 2207  ratio, and the company’s long-term solvency as measured by its
 2208  debt-to-equity ratio;
 2209         b. The historical market performance of the company;
 2210         c. A review of any independent evaluations of the company;
 2211         d. A review of the latest audit of the company’s financial
 2212  statement and the related auditor’s management letter; and
 2213         e. A review of any other types of audits that are related
 2214  to the internal and management controls of the company.
 2215         (c)(b) Within 22 calendar days after receiving the
 2216  evaluation and recommendation from Enterprise Florida, Inc., the
 2217  director of the Office of Tourism, Trade, and Economic
 2218  Development shall recommend to the Governor approval or
 2219  disapproval of a project for receipt of funds from the Quick
 2220  Action Closing Fund. In recommending a project, the director
 2221  shall include proposed performance conditions that the project
 2222  must meet to obtain incentive funds. The Governor shall provide
 2223  the evaluation of projects recommended for approval to the
 2224  President of the Senate and the Speaker of the House of
 2225  Representatives and consult with the President of the Senate and
 2226  the Speaker of the House of Representatives before giving final
 2227  approval for a project. At least 14 days before releasing funds
 2228  for a project, the Executive Office of the Governor shall
 2229  recommend approval of the a project and the release of funds by
 2230  delivering notice of such action pursuant to the legislative
 2231  consultation and review requirements set forth in s. 216.177.
 2232  The recommendation must include proposed performance conditions
 2233  that the project must meet in order to obtain funds. If the
 2234  chair or vice-chair of the Legislative Budget Commission or the
 2235  President of the Senate or the Speaker of the House of
 2236  Representatives timely advises the Executive Office of the
 2237  Governor, in writing, that such action or proposed action
 2238  exceeds the delegated authority of the Executive Office of the
 2239  Governor or is contrary to legislative policy or intent, the
 2240  Executive Office of the Governor shall void the release of funds
 2241  and instruct the Office of Tourism, Trade, and Economic
 2242  Development to immediately change such action or proposed action
 2243  until the Legislative Budget Commission or the Legislature
 2244  addresses the issue. Notwithstanding such requirement, any
 2245  project exceeding $2,000,000 must be approved by the Legislative
 2246  Budget Commission prior to the funds being released.
 2247         (d)(c) Upon the approval of the Governor, the director of
 2248  the Office of Tourism, Trade, and Economic Development and the
 2249  business shall enter into a contract that sets forth the
 2250  conditions for payment of moneys from the fund. The contract
 2251  must include the total amount of funds awarded; the performance
 2252  conditions that must be met to obtain the award, including, but
 2253  not limited to, net new employment in the state, average salary,
 2254  and total capital investment; demonstrate a baseline of current
 2255  service and a measure of enhanced capability; the methodology
 2256  for validating performance; the schedule of payments from the
 2257  fund; and sanctions for failure to meet performance conditions.
 2258  The contract must provide that payment of moneys from the fund
 2259  is contingent upon sufficient appropriation of funds by the
 2260  Legislature and upon sufficient release of appropriated funds by
 2261  the Legislative Budget Commission.
 2262         (e)(d) Enterprise Florida, Inc., shall validate contractor
 2263  performance. Such validation shall be reported within 6 months
 2264  after completion of the contract to the Governor, President of
 2265  the Senate, and the Speaker of the House of Representatives.
 2266         (4)(a) A Quick Action Closing Fund business that, pursuant
 2267  to its contract, submits reports to the Office of Tourism,
 2268  Trade, and Economic Development on or after January 1, 2010, but
 2269  no later than June 30, 2011, on the status of the business’s
 2270  compliance with the performance conditions of its contract may
 2271  submit a written request to the Office of Tourism, Trade, and
 2272  Economic Development for renegotiation of the contract. The
 2273  request must provide quantitative evidence demonstrating how the
 2274  business has materially complied with the terms of the contract
 2275  or how negative economic conditions in the business’s industry
 2276  have prevented the business from complying with the terms and
 2277  conditions of the contract. The request must also include
 2278  proposed adjusted performance conditions.
 2279         (b) Within 45 days after receiving a Quick Action Closing
 2280  Fund business’s request to renegotiate its contract, the
 2281  director of the Office of Tourism, Trade, and Economic
 2282  Development must provide written notice to the business of
 2283  whether the request for renegotiation is granted or denied. In
 2284  making such a determination, the director shall consider the
 2285  extent to which the business materially complied with the terms
 2286  of the contract, the extent to which negative economic
 2287  conditions in the business’s industry occurred in the state, the
 2288  proposed adjusted performance conditions, and the business’s
 2289  efforts to comply with the contract.
 2290         (c) Under no circumstances is the director of the Office of
 2291  Tourism, Trade, and Economic Development required or obligated
 2292  to grant a business’ request to renegotiate its agreement.
 2293         (d) Upon granting a business’s request to renegotiate, the
 2294  Office of Tourism, Trade, and Economic Development, together
 2295  with Enterprise Florida, Inc., shall determine the economic
 2296  impact of the adjusted performance conditions and notify the
 2297  business of any waiver of specified performance conditions and
 2298  any adjusted award amount associated with the proposed adjusted
 2299  performance conditions. The Quick Action Closing Fund business
 2300  must renegotiate its contract with the Office of Tourism, Trade,
 2301  and Economic Development in accordance with any waiver granted
 2302  or for the adjusted amount and agree to return the difference
 2303  between the original Quick Action Closing Fund award and the
 2304  adjusted award without interest or penalties. When renegotiating
 2305  a contract with a Quick Action Closing Fund business, the Office
 2306  of Tourism, Trade, and Economic Development may extend the
 2307  duration of the contract for a period not to exceed 2 years. The
 2308  Office of Tourism, Trade, and Economic Development shall notify
 2309  the President of the Senate and the Speaker of the House of
 2310  Representatives upon completion of any contract renegotiation.
 2311  Any funds returned pursuant to this paragraph shall be
 2312  reappropriated to the Office of Tourism, Trade, and Economic
 2313  Development for the Quick Action Closing Fund.
 2314         (e) This subsection expires June 30, 2011.
 2315         (5) Funds appropriated by the Legislature for purposes of
 2316  implementing this section shall be placed in reserve and may
 2317  only be released pursuant to the legislative consultation and
 2318  review requirements set forth in this section.
 2319         Section 23. Paragraph (k) of subsection (2) of section
 2320  288.1089, Florida Statutes, is amended to read:
 2321         288.1089 Innovation Incentive Program.—
 2322         (2) As used in this section, the term:
 2323         (k) “Jobs” means full-time equivalent positions, including,
 2324  but not limited to, positions obtained from a temporary
 2325  employment agency or employee leasing company or through a union
 2326  agreement or coemployment under a professional employer
 2327  organization agreement, that result as that term is consistent
 2328  with terms used by the Agency for Workforce Innovation and the
 2329  United States Department of Labor for purposes of unemployment
 2330  compensation tax administration and employment estimation,
 2331  resulting directly from a project in this state. The term does
 2332  not include temporary construction jobs.
 2333         Section 24. Effective July 1, 2010, section 288.125,
 2334  Florida Statutes, is amended to read:
 2335         288.125 Definition of “entertainment industry”.—For the
 2336  purposes of ss. 288.1251-288.1258, the term “entertainment
 2337  industry” means those persons or entities engaged in the
 2338  operation of motion picture or television studios or recording
 2339  studios; those persons or entities engaged in the preproduction,
 2340  production, or postproduction of motion pictures, made-for
 2341  television movies, television programming, digital media
 2342  projects, commercial advertising, music videos, or sound
 2343  recordings; and those persons or entities providing products or
 2344  services directly related to the preproduction, production, or
 2345  postproduction of motion pictures, made-for-television movies,
 2346  television programming, digital media projects, commercial
 2347  advertising, music videos, or sound recordings, including, but
 2348  not limited to, the broadcast industry.
 2349         Section 25. Effective July 1, 2010, paragraph (b) of
 2350  subsection (1) and paragraph (a) of subsection (2) of section
 2351  288.1251, Florida Statutes, are amended to read:
 2352         288.1251 Promotion and development of entertainment
 2353  industry; Office of Film and Entertainment; creation; purpose;
 2354  powers and duties.—
 2355         (1) CREATION.—
 2356         (b) The Office of Tourism, Trade, and Economic Development
 2357  shall conduct a national search for a qualified person to fill
 2358  the position of Commissioner of Film and Entertainment, when the
 2359  position is vacant. and The Executive Director of the Office of
 2360  Tourism, Trade, and Economic Development has the responsibility
 2361  to shall hire the commissioner of Film and Entertainment.
 2362  Qualifications for the commissioner Guidelines for selection of
 2363  the Commissioner of Film and Entertainment shall include, but
 2364  are not be limited to, the Commissioner of Film and
 2365  Entertainment having the following:
 2366         1. A working knowledge of the equipment, personnel,
 2367  financial, and day-to-day production operations of the
 2368  industries to be served by the Office of Film and Entertainment;
 2369         2. Marketing and promotion experience related to the film
 2370  and entertainment industries to be served by the office;
 2371         3. Experience working with a variety of individuals
 2372  representing large and small entertainment-related businesses,
 2373  industry associations, local community entertainment industry
 2374  liaisons, and labor organizations; and
 2375         4. Experience working with a variety of state and local
 2376  governmental agencies.
 2377         (2) POWERS AND DUTIES.—
 2378         (a) The Office of Film and Entertainment, in performance of
 2379  its duties, shall:
 2380         1. In consultation with the Florida Film and Entertainment
 2381  Advisory Council, update the develop and implement a 5-year
 2382  strategic plan every 5 years to guide the activities of the
 2383  Office of Film and Entertainment in the areas of entertainment
 2384  industry development, marketing, promotion, liaison services,
 2385  field office administration, and information. The plan, to be
 2386  developed by no later than June 30, 2000, shall:
 2387         a. Be annual in construction and ongoing in nature.
 2388         b. Include recommendations relating to the organizational
 2389  structure of the office.
 2390         c. Include an annual budget projection for the office for
 2391  each year of the plan.
 2392         d. Include an operational model for the office to use in
 2393  implementing programs for rural and urban areas designed to:
 2394         (I) Develop and promote the state’s entertainment industry.
 2395         (II) Have the office serve as a liaison between the
 2396  entertainment industry and other state and local governmental
 2397  agencies, local film commissions, and labor organizations.
 2398         (III) Gather statistical information related to the state’s
 2399  entertainment industry.
 2400         (IV) Provide information and service to businesses,
 2401  communities, organizations, and individuals engaged in
 2402  entertainment industry activities.
 2403         (V) Administer field offices outside the state and
 2404  coordinate with regional offices maintained by counties and
 2405  regions of the state, as described in sub-sub-subparagraph (II),
 2406  as necessary.
 2407         e. Include performance standards and measurable outcomes
 2408  for the programs to be implemented by the office.
 2409         f. Include an assessment of, and make recommendations on,
 2410  the feasibility of creating an alternative public-private
 2411  partnership for the purpose of contracting with such a
 2412  partnership for the administration of the state’s entertainment
 2413  industry promotion, development, marketing, and service
 2414  programs.
 2415         2. Develop, market, and facilitate a smooth working
 2416  relationship between state agencies and local governments in
 2417  cooperation with local film commission offices for out-of-state
 2418  and indigenous entertainment industry production entities.
 2419         3. Implement a structured methodology prescribed for
 2420  coordinating activities of local offices with each other and the
 2421  commissioner’s office.
 2422         4. Represent the state’s indigenous entertainment industry
 2423  to key decisionmakers within the national and international
 2424  entertainment industry, and to state and local officials.
 2425         5. Prepare an inventory and analysis of the state’s
 2426  entertainment industry, including, but not limited to,
 2427  information on crew, related businesses, support services, job
 2428  creation, talent, and economic impact and coordinate with local
 2429  offices to develop an information tool for common use.
 2430         6. Represent key decisionmakers within the national and
 2431  international entertainment industry to the indigenous
 2432  entertainment industry and to state and local officials.
 2433         7. Serve as liaison between entertainment industry
 2434  producers and labor organizations.
 2435         6.8. Identify, solicit, and recruit entertainment
 2436  production opportunities for the state.
 2437         7.9. Assist rural communities and other small communities
 2438  in the state in developing the expertise and capacity necessary
 2439  for such communities to develop, market, promote, and provide
 2440  services to the state’s entertainment industry.
 2441         Section 26. Effective July 1, 2010, subsection (3) of
 2442  section 288.1252, Florida Statutes, is amended to read:
 2443         288.1252 Florida Film and Entertainment Advisory Council;
 2444  creation; purpose; membership; powers and duties.—
 2445         (3) MEMBERSHIP.—
 2446         (a) The council shall consist of 17 members, seven to be
 2447  appointed by the Governor, five to be appointed by the President
 2448  of the Senate, and five to be appointed by the Speaker of the
 2449  House of Representatives, with the initial appointments being
 2450  made no later than August 1, 1999.
 2451         (b) When making appointments to the council, the Governor,
 2452  the President of the Senate, and the Speaker of the House of
 2453  Representatives shall appoint persons who are residents of the
 2454  state and who are highly knowledgeable of, active in, and
 2455  recognized leaders in Florida’s motion picture, television,
 2456  video, sound recording, or other entertainment industries. These
 2457  persons shall include, but not be limited to, representatives of
 2458  local film commissions, representatives of entertainment
 2459  associations, a representative of the broadcast industry,
 2460  representatives of labor organizations in the entertainment
 2461  industry, and board chairs, presidents, chief executive
 2462  officers, chief operating officers, or persons of comparable
 2463  executive position or stature of leading or otherwise important
 2464  entertainment industry businesses and offices. Council members
 2465  shall be appointed in such a manner as to equitably represent
 2466  the broadest spectrum of the entertainment industry and
 2467  geographic areas of the state.
 2468         (c) Council members shall serve for 4-year terms, except
 2469  that the initial terms shall be staggered:
 2470         1. The Governor shall appoint one member for a 1-year term,
 2471  two members for 2-year terms, two members for 3-year terms, and
 2472  two members for 4-year terms.
 2473         2. The President of the Senate shall appoint one member for
 2474  a 1-year term, one member for a 2-year term, two members for 3
 2475  year terms, and one member for a 4-year term.
 2476         3. The Speaker of the House of Representatives shall
 2477  appoint one member for a 1-year term, one member for a 2-year
 2478  term, two members for 3-year terms, and one member for a 4-year
 2479  term.
 2480         (d) Subsequent appointments shall be made by the official
 2481  who appointed the council member whose expired term is to be
 2482  filled.
 2483         (e) The Commissioner of Film and Entertainment, A
 2484  representative of Enterprise Florida, Inc., a representative of
 2485  Workforce Florida, Inc., and a representative of Visit Florida
 2486  the Florida Tourism Industry Marketing Corporation shall serve
 2487  as ex officio, nonvoting members of the council, and shall be in
 2488  addition to the 17 appointed members of the council.
 2489         (f) Absence from three consecutive meetings shall result in
 2490  automatic removal from the council.
 2491         (g) A vacancy on the council shall be filled for the
 2492  remainder of the unexpired term by the official who appointed
 2493  the vacating member.
 2494         (h) No more than one member of the council may be an
 2495  employee of any one company, organization, or association.
 2496         (i) Any member shall be eligible for reappointment but may
 2497  not serve more than two consecutive terms.
 2498         Section 27. Effective July 1, 2010, subsections (1), (2),
 2499  and (5) of section 288.1253, Florida Statutes, are amended to
 2500  read:
 2501         288.1253 Travel and entertainment expenses.—
 2502         (1) As used in this section, the term:
 2503         (a) “Business client” means any person, other than a state
 2504  official or state employee, who receives the services of
 2505  representatives of the Office of Film and Entertainment in
 2506  connection with the performance of its statutory duties,
 2507  including persons or representatives of entertainment industry
 2508  companies considering location, relocation, or expansion of an
 2509  entertainment industry business within the state.
 2510         (b) “Entertainment expenses” means the actual, necessary,
 2511  and reasonable costs of providing hospitality for business
 2512  clients or guests, which costs are defined and prescribed by
 2513  rules adopted by the Office of Tourism, Trade, and Economic
 2514  Development, subject to approval by the Chief Financial Officer.
 2515         (c) “Guest” means a person, other than a state official or
 2516  state employee, authorized by the Office of Tourism, Trade, and
 2517  Economic Development to receive the hospitality of the Office of
 2518  Film and Entertainment in connection with the performance of its
 2519  statutory duties.
 2520         (d) “travel expenses” means the actual, necessary, and
 2521  reasonable costs of transportation, meals, lodging, and
 2522  incidental expenses normally incurred by an employee of the
 2523  Office of Film and Entertainment a traveler, which costs are
 2524  defined and prescribed by rules adopted by the Office of
 2525  Tourism, Trade, and Economic Development, subject to approval by
 2526  the Chief Financial Officer.
 2527         (2) Notwithstanding the provisions of s. 112.061, the
 2528  Office of Tourism, Trade, and Economic Development shall adopt
 2529  rules by which it may make expenditures by advancement or
 2530  reimbursement, or a combination thereof, to:
 2531         (a) the Governor, the Lieutenant Governor, security staff
 2532  of the Governor or Lieutenant Governor, the Commissioner of Film
 2533  and Entertainment, or staff of the Office of Film and
 2534  Entertainment for travel expenses or entertainment expenses
 2535  incurred by such individuals solely and exclusively in
 2536  connection with the performance of the statutory duties of the
 2537  Office of Film and Entertainment.
 2538         (b) The Governor, the Lieutenant Governor, security staff
 2539  of the Governor or Lieutenant Governor, the Commissioner of Film
 2540  and Entertainment, or staff of the Office of Film and
 2541  Entertainment for travel expenses or entertainment expenses
 2542  incurred by such individuals on behalf of guests, business
 2543  clients, or authorized persons as defined in s. 112.061(2)(e)
 2544  solely and exclusively in connection with the performance of the
 2545  statutory duties of the Office of Film and Entertainment.
 2546         (c) Third-party vendors for the travel or entertainment
 2547  expenses of guests, business clients, or authorized persons as
 2548  defined in s. 112.061(2)(e) incurred solely and exclusively
 2549  while such persons are participating in activities or events
 2550  carried out by the Office of Film and Entertainment in
 2551  connection with that office’s statutory duties.
 2552  
 2553  The rules are shall be subject to approval by the Chief
 2554  Financial Officer before adoption prior to promulgation. The
 2555  rules shall require the submission of paid receipts, or other
 2556  proof of expenditure prescribed by the Chief Financial Officer,
 2557  with any claim for reimbursement and shall require, as a
 2558  condition for any advancement of funds, an agreement to submit
 2559  paid receipts or other proof of expenditure and to refund any
 2560  unused portion of the advancement within 15 days after the
 2561  expense is incurred or, if the advancement is made in connection
 2562  with travel, within 10 working days after the traveler’s return
 2563  to headquarters. However, with respect to an advancement of
 2564  funds made solely for travel expenses, the rules may allow paid
 2565  receipts or other proof of expenditure to be submitted, and any
 2566  unused portion of the advancement to be refunded, within 10
 2567  working days after the traveler’s return to headquarters.
 2568  Operational or promotional advancements, as defined in s.
 2569  288.35(4), obtained pursuant to this section shall not be
 2570  commingled with any other state funds.
 2571         (5) Any claim submitted under this section is shall not be
 2572  required to be sworn to before a notary public or other officer
 2573  authorized to administer oaths, but any claim authorized or
 2574  required to be made under any provision of this section shall
 2575  contain a statement that the expenses were actually incurred as
 2576  necessary travel or entertainment expenses in the performance of
 2577  official duties of the Office of Film and Entertainment and
 2578  shall be verified by written declaration that it is true and
 2579  correct as to every material matter. Any person who willfully
 2580  makes and subscribes to any claim which he or she does not
 2581  believe to be true and correct as to every material matter or
 2582  who willfully aids or assists in, procures, or counsels or
 2583  advises with respect to, the preparation or presentation of a
 2584  claim pursuant to this section that is fraudulent or false as to
 2585  any material matter, whether or not such falsity or fraud is
 2586  with the knowledge or consent of the person authorized or
 2587  required to present the claim, commits a misdemeanor of the
 2588  second degree, punishable as provided in s. 775.082 or s.
 2589  775.083. Whoever receives a an advancement or reimbursement by
 2590  means of a false claim is civilly liable, in the amount of the
 2591  overpayment, for the reimbursement of the public fund from which
 2592  the claim was paid.
 2593         Section 28. Effective July 1, 2010, section 288.1254,
 2594  Florida Statutes, is amended to read:
 2595         (Substantial rewording of section. See
 2596         s. 288.1254, F.S., for present text.)
 2597         288.1254 Entertainment industry financial incentive
 2598  program.—
 2599         (1) DEFINITIONS.—As used in this section, the term:
 2600         (a) “Certified production” means a qualified production
 2601  that has tax credits allocated to it by the Office of Tourism,
 2602  Trade, and Economic Development based on the production’s
 2603  estimated qualified expenditures, up to the production’s maximum
 2604  certified amount of tax credits, by the Office of Tourism,
 2605  Trade, and Economic Development. The term does not include a
 2606  production if its first day of principal photography or project
 2607  start date in this state occurs before the production is
 2608  certified by the Office of Tourism, Trade, and Economic
 2609  Development, unless the production spans more than one fiscal
 2610  year, was a certified production on its first day of principal
 2611  photography or project start date in this state, and submits an
 2612  application for continuing the same production for the
 2613  subsequent fiscal year.
 2614         (b) “Digital media project” means a production of
 2615  interactive entertainment that is produced for distribution in
 2616  commercial or educational markets. The term includes a video
 2617  game or production intended for Internet or wireless
 2618  distribution. The term does not include a production deemed by
 2619  the Office of Film and Entertainment to contain obscene content
 2620  as defined in s. 847.001(10).
 2621         (c) “High-impact television series” means a production
 2622  created to run multiple production seasons and having an
 2623  estimated order of at least seven episodes per season and
 2624  qualified expenditures of at least $625,000 per episode.
 2625         (d) “Off-season certified production” means a feature film,
 2626  independent film, or television series or pilot which films 75
 2627  percent or more of its principal photography days from June 1
 2628  through November 30.
 2629         (e) “Principal photography” means the filming of major or
 2630  significant components of the qualified production which involve
 2631  lead actors.
 2632         (f) “Production” means a theatrical or direct-to-video
 2633  motion picture; a made-for-television motion picture; visual
 2634  effects or digital animation sequences produced in conjunction
 2635  with a motion picture; a commercial; a music video; an
 2636  industrial or educational film; an infomercial; a documentary
 2637  film; a television pilot program; a presentation for a
 2638  television pilot program; a television series, including, but
 2639  not limited to, a drama, a reality show, a comedy, a soap opera,
 2640  a telenovela, a game show, an awards show, or a miniseries
 2641  production; or a digital media project by the entertainment
 2642  industry. One season of a television series is considered one
 2643  production. The term does not include a weather or market
 2644  program; a sporting event; a sports show; a gala; a production
 2645  that solicits funds; a home shopping program; a political
 2646  program; a political documentary; political advertising; a
 2647  gambling-related project or production; a concert production; or
 2648  a local, regional, or Internet-distributed-only news show,
 2649  current-events show, pornographic production, or current-affairs
 2650  show. A production may be produced on or by film, tape, or
 2651  otherwise by means of a motion picture camera; electronic camera
 2652  or device; tape device; computer; any combination of the
 2653  foregoing; or any other means, method, or device.
 2654         (g) “Production expenditures” means the costs of tangible
 2655  and intangible property used for, and services performed
 2656  primarily and customarily in, production, including
 2657  preproduction and postproduction, but excluding costs for
 2658  development, marketing, and distribution. The term includes, but
 2659  is not limited to:
 2660         1. Wages, salaries, or other compensation paid to legal
 2661  residents of this state, including amounts paid through payroll
 2662  service companies, for technical and production crews,
 2663  directors, producers, and performers.
 2664         2. Net expenditures for sound stages, backlots, production
 2665  editing, digital effects, sound recordings, sets, and set
 2666  construction.
 2667         3. Net expenditures for rental equipment, including, but
 2668  not limited to, cameras and grip or electrical equipment.
 2669         4. Up to $300,000 of the costs of newly purchased computer
 2670  software and hardware unique to the project, including servers,
 2671  data processing, and visualization technologies, which are
 2672  located in and used exclusively in the state for the production
 2673  of digital media.
 2674         5. Expenditures for meals, travel, and accommodations. For
 2675  purposes of this paragraph, the term “net expenditures” means
 2676  the actual amount of money a qualified production spent for
 2677  equipment or other tangible personal property, after subtracting
 2678  any consideration received for reselling or transferring the
 2679  item after the qualified production ends, if applicable.
 2680         (h) “Qualified expenditures” means production expenditures
 2681  incurred in this state by a qualified production for:
 2682         1. Goods purchased or leased from, or services, including,
 2683  but not limited to, insurance costs and bonding, payroll
 2684  services, and legal fees, which are provided by, a vendor or
 2685  supplier in this state that is registered with the Department of
 2686  State or the Department of Revenue, has a physical location in
 2687  this state, and employs one or more legal residents of this
 2688  state. When services are provided by the vendor or supplier
 2689  include personal services or labor, only personal services or
 2690  labor provided by residents of this state, evidenced by the
 2691  required documentation of residency in this state, qualify.
 2692         2. Payments to legal residents of this state in the form of
 2693  salary, wages, or other compensation up to a maximum of $400,000
 2694  per resident unless otherwise specified in subsection (4). A
 2695  completed declaration of residency in this state must accompany
 2696  the documentation submitted to the office for reimbursement.
 2697  
 2698  For a qualified production involving an event, such as an awards
 2699  show, the term does not include expenditures solely associated
 2700  with the event itself and not directly required by the
 2701  production. The term does not include expenditures incurred
 2702  before certification, with the exception of those incurred for a
 2703  commercial, a music video, or the pickup of additional episodes
 2704  of a high-impact television series within a single season. Under
 2705  no circumstances may the qualified production include in the
 2706  calculation for qualified expenditures the original purchase
 2707  price for equipment or other tangible property that is later
 2708  sold or transferred by the qualified production for
 2709  consideration. In such cases, the qualified expenditure is the
 2710  net of the original purchase price minus the consideration
 2711  received upon sale or transfer.
 2712         (i) “Qualified production” means a production in this state
 2713  meeting the requirements of this section. The term does not
 2714  include a production:
 2715         1. In which, for the first 2 years of the incentive
 2716  program, less than 50 percent, and thereafter, less than 60
 2717  percent, of the positions that make up its production cast and
 2718  below-the-line production crew, or, in the case of digital media
 2719  projects, less than 75 percent of such positions, are filled by
 2720  legal residents of this state, whose residency is demonstrated
 2721  by a valid Florida driver’s license or other state-issued
 2722  identification confirming residency, or students enrolled full
 2723  time in a film-and-entertainment-related course of study at an
 2724  institution of higher education in this state; or
 2725         2. That is deemed by the Office of Film and Entertainment
 2726  to contain obscene content as defined in s. 847.001(10).
 2727         (j) “Qualified production company” means a corporation,
 2728  limited liability company, partnership, or other legal entity
 2729  engaged in one or more productions in this state.
 2730         (2) CREATION AND PURPOSE OF PROGRAM.—The entertainment
 2731  industry financial incentive program is created within the
 2732  Office of Film and Entertainment. The purpose of this program is
 2733  to encourage the use of this state as a site for filming, for
 2734  the digital production of films, and to develop and sustain the
 2735  workforce and infrastructure for film, digital media, and
 2736  entertainment production.
 2737         (3) APPLICATION PROCEDURE; APPROVAL PROCESS.—
 2738         (a) Program application.—A qualified production company
 2739  producing a qualified production in this state may submit a
 2740  program application to the Office of Film and Entertainment for
 2741  the purpose of determining qualification for an award of tax
 2742  credits authorized by this section no earlier than 180 days
 2743  before the first day of principal photography or project start
 2744  date in this state. The applicant shall provide the Office of
 2745  Film and Entertainment with information required to determine
 2746  whether the production is a qualified production and to
 2747  determine the qualified expenditures and other information
 2748  necessary for the office to determine eligibility for the tax
 2749  credit.
 2750         (b) Required documentation.—The Office of Film and
 2751  Entertainment shall develop an application form for qualifying
 2752  an applicant as a qualified production. The form must include,
 2753  but need not be limited to, production-related information
 2754  concerning employment of residents in this state, a detailed
 2755  budget of planned qualified expenditures, and the applicant’s
 2756  signed affirmation that the information on the form has been
 2757  verified and is correct. The Office of Film and Entertainment
 2758  and local film commissions shall distribute the form.
 2759         (c) Application process.—The Office of Film and
 2760  Entertainment shall establish a process by which an application
 2761  is accepted and reviewed and by which tax credit eligibility and
 2762  award amount are determined. The Office of Film and
 2763  Entertainment may request assistance from a duly appointed local
 2764  film commission in determining compliance with this section.
 2765         (d) Certification.—The Office of Film and Entertainment
 2766  shall review the application within 15 business days after
 2767  receipt. Upon its determination that the application contains
 2768  all the information required by this subsection and meets the
 2769  criteria set out in this section, the Office of Film and
 2770  Entertainment shall qualify the applicant and recommend to the
 2771  Office of Tourism, Trade, and Economic Development that the
 2772  applicant be certified for the maximum tax credit award amount.
 2773  Within 5 business days after receipt of the recommendation, the
 2774  Office of Tourism, Trade, and Economic Development shall reject
 2775  the recommendation or certify the maximum recommended tax credit
 2776  award, if any, to the applicant and to the executive director of
 2777  the Department of Revenue.
 2778         (e) Grounds for denial.—The Office of Film and
 2779  Entertainment shall deny an application if it determines that
 2780  the application is not complete or the production or application
 2781  does not meet the requirements of this section.
 2782         (f) Verification of actual qualified expenditures.—
 2783         1. The Office of Film and Entertainment shall develop a
 2784  process to verify the actual qualified expenditures of a
 2785  certified production. The process must require:
 2786         a. A certified production to submit, in a timely manner
 2787  after production ends in this state and after making all of its
 2788  qualified expenditures in this state, data substantiating each
 2789  qualified expenditure, including documentation on the net
 2790  expenditure on equipment and other tangible personal property by
 2791  the qualified production, to an independent certified public
 2792  accountant licensed in this state;
 2793         b. Such accountant to conduct a compliance audit, at the
 2794  certified production’s expense, to substantiate each qualified
 2795  expenditure and submit the results as a report, along with the
 2796  required substantiating data, to the Office of Film and
 2797  Entertainment; and
 2798         c. The Office of Film and Entertainment to review the
 2799  accountant’s submittal and report to the Office of Tourism,
 2800  Trade, and Economic Development the final verified amount of
 2801  actual qualified expenditures made by the certified production.
 2802         2. The Office of Tourism, Trade, and Economic Development
 2803  shall determine and approve the final tax credit award amount to
 2804  each certified applicant based on the final verified amount of
 2805  actual qualified expenditures and shall notify the executive
 2806  director of the Department of Revenue in writing that the
 2807  certified production has met the requirements of the incentive
 2808  program and of the final amount of the tax credit award. The
 2809  final tax credit award amount may not exceed the maximum tax
 2810  credit award amount certified under paragraph (d).
 2811         (g) Promoting Florida.—The Office of Film and Entertainment
 2812  shall ensure that, as a condition of receiving a tax credit
 2813  under this section, marketing materials promoting this state as
 2814  a tourist destination or film and entertainment production
 2815  destination are included, when appropriate, at no cost to the
 2816  state, which must, at a minimum, include placement of a “Filmed
 2817  in Florida” or “Produced in Florida” logo in the end credits.
 2818  The placement of a “Filmed in Florida” or “Produced in Florida”
 2819  logo on all packaging material and hard media is also required,
 2820  unless such placement is prohibited by licensing or other
 2821  contractual obligations. The size and placement of such logo
 2822  shall be commensurate to other logos used. If no logos are used,
 2823  the statement “Filmed in Florida using Florida’s Entertainment
 2824  Industry Financial Incentive,” or a similar statement approved
 2825  by the Office of Film and Entertainment, shall be used. The
 2826  Office of Film and Entertainment shall provide a logo and supply
 2827  it for the purposes specified in this paragraph. A 30-second
 2828  “Visit Florida” promotional video must also be included on all
 2829  optical disc formats of a film, unless such placement is
 2830  prohibited by licensing or other contractual obligations. The
 2831  30-second promotional video shall be approved and provided by
 2832  the Florida Tourism Industry Marketing Corporation in
 2833  consultation with the Commissioner of Film and Entertainment.
 2834         (4) TAX CREDIT ELIGIBILITY; TAX CREDIT AWARDS; QUEUES;
 2835  ELECTION AND DISTRIBUTION; CARRYFORWARD; CONSOLIDATED RETURNS;
 2836  PARTNERSHIP AND NONCORPORATE DISTRIBUTIONS; MERGERS AND
 2837  ACQUISITIONS.—
 2838         (a) Priority for tax credit award.—The priority of a
 2839  qualified production for tax credit awards must be determined on
 2840  a first-come, first-served basis within its appropriate queue.
 2841  Each qualified production must be placed into the appropriate
 2842  queue and is subject to the requirements of that queue.
 2843         (b) Tax credit eligibility.—
 2844         1. General production queue.—Ninety-four percent of tax
 2845  credits authorized pursuant to subsection (6) in any state
 2846  fiscal year must be dedicated to the general production queue.
 2847  The general production queue consists of all qualified
 2848  productions other than those eligible for the commercial and
 2849  music video queue or the independent and emerging media
 2850  production queue. A qualified production that demonstrates a
 2851  minimum of $625,000 in qualified expenditures is eligible for
 2852  tax credits equal to 20 percent of its actual qualified
 2853  expenditures, up to a maximum of $8 million. A qualified
 2854  production that incurs qualified expenditures during multiple
 2855  state fiscal years may combine those expenditures to satisfy the
 2856  $625,000 minimum threshold.
 2857         a. An off-season certified production that is a feature
 2858  film, independent film, or television series or pilot is
 2859  eligible for an additional 5-percent tax credit on actual
 2860  qualified expenditures. An off-season certified production that
 2861  does not complete 75 percent of principal photography due to a
 2862  disruption caused by a hurricane or tropical storm may not be
 2863  disqualified from eligibility for the additional 5-percent
 2864  credit as a result of the disruption.
 2865         b. A qualified high-impact television series shall be
 2866  allowed first position in this queue for tax credit awards not
 2867  yet certified.
 2868         2. Commercial and music video queue.—Three percent of tax
 2869  credits authorized pursuant to subsection (6) in any state
 2870  fiscal year must be dedicated to the commercial and music video
 2871  queue. A qualified production company that produces national or
 2872  regional commercials or music videos may be eligible for a tax
 2873  credit award if it demonstrates a minimum of $100,000 in
 2874  qualified expenditures per national or regional commercial or
 2875  music video and exceeds a combined threshold of $500,000 after
 2876  combining actual qualified expenditures from qualified
 2877  commercials and music videos during a single state fiscal year.
 2878  After a qualified production company that produces commercials,
 2879  music videos, or both reaches the threshold of $500,000, it is
 2880  eligible to apply for certification for a tax credit award. The
 2881  maximum credit award shall be equal to 20 percent of its actual
 2882  qualified expenditures up to a maximum of $500,000. If there is
 2883  a surplus at the end of a fiscal year after the Office of Film
 2884  and Entertainment certifies and determines the tax credits for
 2885  all qualified commercial and video projects, such surplus tax
 2886  credits shall be carried forward to the following fiscal year
 2887  and be available to any eligible qualified productions under the
 2888  general production queue.
 2889         3. Independent and emerging media production queue.—Three
 2890  percent of tax credits authorized pursuant to subsection (6) in
 2891  any state fiscal year must be dedicated to the independent and
 2892  emerging media production queue. This queue is intended to
 2893  encourage Florida independent film and emerging media
 2894  production. Any qualified production, excluding commercials,
 2895  infomercials, or music videos, that demonstrates at least
 2896  $100,000, but not more than $625,000, in total qualified
 2897  expenditures is eligible for tax credits equal to 20 percent of
 2898  its actual qualified expenditures. If a surplus exists at the
 2899  end of a fiscal year after the Office of Film and Entertainment
 2900  certifies and determines the tax credits for all qualified
 2901  independent and emerging media production projects, such surplus
 2902  tax credits shall be carried forward to the following fiscal
 2903  year and be available to any eligible qualified productions
 2904  under the general production queue.
 2905         4. Family-friendly productions.—A certified theatrical or
 2906  direct-to-video motion picture production or video game
 2907  determined by the Commissioner of Film and Entertainment, with
 2908  the advice of the Florida Film and Entertainment Advisory
 2909  Council, to be family-friendly, based on the review of the
 2910  script and the review of the final release version, is eligible
 2911  for an additional tax credit equal to 5 percent of its actual
 2912  qualified expenditures. Family-friendly productions are those
 2913  that have cross-generational appeal; would be considered
 2914  suitable for viewing by children age 5 or older; are appropriate
 2915  in theme, content, and language for a broad family audience;
 2916  embody a responsible resolution of issues; and do not exhibit or
 2917  imply any act of smoking, sex, nudity, or vulgar or profane
 2918  language.
 2919         (c) Withdrawal of tax credit eligibility.—A qualified or
 2920  certified production must continue on a reasonable schedule,
 2921  which includes beginning principal photography or the production
 2922  project in this state no more than 45 calendar days before or
 2923  after the principal photography or project start date provided
 2924  in the production’s program application. The Office of Tourism,
 2925  Trade, and Economic Development shall withdraw the eligibility
 2926  of a qualified or certified production that does not continue on
 2927  a reasonable schedule.
 2928         (d) Election and distribution of tax credits.—
 2929         1. A certified production company receiving a tax credit
 2930  award under this section shall, at the time the credit is
 2931  awarded by the Office of Tourism, Trade, and Economic
 2932  Development after production is completed and all requirements
 2933  to receive a credit award have been met, make an irrevocable
 2934  election to apply the credit against taxes due under chapter
 2935  220, against state taxes collected or accrued under chapter 212,
 2936  or against a stated combination of the two taxes. The election
 2937  is binding upon any distributee, successor, transferee, or
 2938  purchaser. The Office of Tourism, Trade, and Economic
 2939  Development shall notify the Department of Revenue of any
 2940  election made pursuant to this paragraph.
 2941         2. A qualified production company is eligible for tax
 2942  credits against its sales and use tax liabilities and corporate
 2943  income tax liabilities as provided in this section. However, tax
 2944  credits awarded under this section may not be claimed against
 2945  sales and use tax liabilities or corporate income tax
 2946  liabilities for any tax period beginning before July 1, 2011,
 2947  regardless of when the credits are applied for or awarded.
 2948         (e) Tax credit carryforward.—If the certified production
 2949  company cannot use the entire tax credit in the taxable year or
 2950  reporting period in which the credit is awarded, any excess
 2951  amount may be carried forward to a succeeding taxable year or
 2952  reporting period. A tax credit applied against taxes imposed
 2953  under chapter 212 may be carried forward for a maximum of 5
 2954  years after the date the credit is awarded. A tax credit applied
 2955  against taxes imposed under chapter 220 may be carried forward
 2956  for a maximum of 5 years after the date the credit is awarded,
 2957  after which the credit expires and may not be used.
 2958         (f) Consolidated returns.—A certified production company
 2959  that files a Florida consolidated return as a member of an
 2960  affiliated group under s. 220.131(1) may be allowed the credit
 2961  on a consolidated return basis up to the amount of the tax
 2962  imposed upon the consolidated group under chapter 220.
 2963         (g) Partnership and noncorporate distributions.—A qualified
 2964  production company that is not a corporation as defined in s.
 2965  220.03 may elect to distribute tax credits awarded under this
 2966  section to its partners or members in proportion to their
 2967  respective distributive income or loss in the taxable year in
 2968  which the tax credits were awarded.
 2969         (h) Mergers or acquisitions.—Tax credits available under
 2970  this section to a certified production company may succeed to a
 2971  surviving or acquiring entity subject to the same conditions and
 2972  limitations as described in this section; however, they may not
 2973  be transferred again by the surviving or acquiring entity.
 2974         (5) TRANSFER OF TAX CREDITS.—
 2975         (a) Authorization.—Upon application to the Office of Film
 2976  and Entertainment and approval by the Office of Tourism, Trade,
 2977  and Economic Development, a certified production company, or a
 2978  partner or member that has received a distribution under
 2979  paragraph (4)(g), may elect to transfer, in whole or in part,
 2980  any unused credit amount granted under this section. An election
 2981  to transfer any unused tax credit amount under chapter 212 or
 2982  chapter 220 must be made no later than 5 years after the date
 2983  the credit is awarded, after which period the credit expires and
 2984  may not be used. The Office of Tourism, Trade, and Economic
 2985  Development shall notify the Department of Revenue of the
 2986  election and transfer.
 2987         (b) Number of transfers permitted.—A certified production
 2988  company that elects to apply a credit amount against taxes
 2989  remitted under chapter 212 is permitted a one-time transfer of
 2990  unused credits to one transferee. A certified production company
 2991  that elects to apply a credit amount against taxes due under
 2992  chapter 220 is permitted a one-time transfer of unused credits
 2993  to no more than four transferees, and such transfers must occur
 2994  in the same taxable year.
 2995         (c) Transferee rights and limitations.—The transferee is
 2996  subject to the same rights and limitations as the certified
 2997  production company awarded the tax credit, except that the
 2998  transferee may not sell or otherwise transfer the tax credit.
 2999         (6) RELINQUISHMENT OF TAX CREDITS.—
 3000         (a) Beginning July 1, 2011, a certified production company,
 3001  or any person who has acquired a tax credit from a certified
 3002  production company pursuant to subsections (4) and (5), may
 3003  elect to relinquish the tax credit to the Department of Revenue
 3004  in exchange for 90 percent of the amount of the relinquished tax
 3005  credit.
 3006         (b) The Department of Revenue may approve payments to
 3007  persons relinquishing tax credits pursuant to this subsection.
 3008         (c) Subject to legislative appropriation, the Department of
 3009  Revenue shall request the Chief Financial Officer to issue
 3010  warrants to persons relinquishing tax credits. Payments under
 3011  this subsection shall be made from the funds from which the
 3012  proceeds from the taxes against which the tax credits could have
 3013  been applied pursuant to the irrevocable election made by the
 3014  certified production company under subsection (4) are deposited.
 3015         (7) ANNUAL ALLOCATION OF TAX CREDITS.—
 3016         (a) The aggregate amount of the tax credits that may be
 3017  certified pursuant to paragraph (3)(d) may not exceed:
 3018         1. For fiscal year 2010-2011, $53.5 million.
 3019         2. For fiscal year 2011-2012, $74.5 million.
 3020         3. For fiscal years 2012-2013, 2013-2014, and 2014-2015,
 3021  $38 million per fiscal year.
 3022         (b) Any portion of the maximum amount of tax credits
 3023  established per fiscal year in paragraph (a) that is not
 3024  certified as of the end of a fiscal year shall be carried
 3025  forward and made available for certification during the
 3026  following two fiscal years in addition to the amounts available
 3027  for certification under paragraph (a) for those fiscal years.
 3028         (c) Upon approval of the final tax credit award amount
 3029  pursuant to subparagraph (3)(f)2., an amount equal to the
 3030  difference between the maximum tax credit award amount
 3031  previously certified under paragraph (3)(d) and the approved
 3032  final tax credit award amount shall immediately be available for
 3033  recertification during the current and following fiscal years in
 3034  addition to the amounts available for certification under
 3035  paragraph (a) for those fiscal years.
 3036         (d) If, during a fiscal year, the total amount of credits
 3037  applied for, pursuant to paragraph (3)(a), exceeds the amount of
 3038  credits available for certification in that fiscal year, such
 3039  excess shall be treated as having been applied for on the first
 3040  day of the next fiscal year in which credits remain available
 3041  for certification.
 3042         (8) RULES, POLICIES, AND PROCEDURES.—
 3043         (a) The Office of Tourism, Trade, and Economic Development
 3044  may adopt rules pursuant to ss. 120.536(1) and 120.54 and
 3045  develop policies and procedures to implement and administer this
 3046  section, including, but not limited to, rules specifying
 3047  requirements for the application and approval process, records
 3048  required for substantiation for tax credits, procedures for
 3049  making the election in paragraph (4)(d), the manner and form of
 3050  documentation required to claim tax credits awarded or
 3051  transferred under this section, and marketing requirements for
 3052  tax credit recipients.
 3053         (b) The Department of Revenue may adopt rules pursuant to
 3054  ss. 120.536(1) and 120.54 to administer this section, including
 3055  rules governing the examination and audit procedures required to
 3056  administer this section and the manner and form of documentation
 3057  required to claim tax credits awarded, transferred, or
 3058  relinquished under this section.
 3059         (9) AUDIT AUTHORITY; REVOCATION AND FORFEITURE OF TAX
 3060  CREDITS; FRAUDULENT CLAIMS.—
 3061         (a) Audit authority.—The Department of Revenue may conduct
 3062  examinations and audits as provided in s. 213.34 to verify that
 3063  tax credits under this section are received, transferred, and
 3064  applied according to the requirements of this section. If the
 3065  Department of Revenue determines that tax credits are not
 3066  received, transferred, or applied as required by this section,
 3067  it may, in addition to the remedies provided in this subsection,
 3068  pursue recovery of such funds pursuant to the laws and rules
 3069  governing the assessment of taxes.
 3070         (b) Revocation of tax credits.—The Office of Tourism,
 3071  Trade, and Economic Development may revoke or modify any written
 3072  decision qualifying, certifying, or otherwise granting
 3073  eligibility for tax credits under this section if it is
 3074  discovered that the tax credit applicant submitted any false
 3075  statement, representation, or certification in any application,
 3076  record, report, plan, or other document filed in an attempt to
 3077  receive tax credits under this section. The Office of Tourism,
 3078  Trade, and Economic Development shall immediately notify the
 3079  Department of Revenue of any revoked or modified orders
 3080  affecting previously granted tax credits. Additionally, the
 3081  applicant must notify the Department of Revenue of any change in
 3082  its tax credit claimed.
 3083         (c) Forfeiture of tax credits.—A determination by the
 3084  Department of Revenue, as a result of an audit pursuant to
 3085  paragraph (a) or from information received from the Office of
 3086  Film and Entertainment, that an applicant received tax credits
 3087  pursuant to this section to which the applicant was not entitled
 3088  is grounds for forfeiture of previously claimed and received tax
 3089  credits. The applicant is responsible for returning forfeited
 3090  tax credits to the Department of Revenue, and such funds shall
 3091  be paid into the General Revenue Fund of the state. Tax credits
 3092  purchased in good faith are not subject to forfeiture unless the
 3093  transferee submitted fraudulent information in the purchase or
 3094  failed to meet the requirements in subsection (5).
 3095         (d) Fraudulent claims.—Any applicant that submits
 3096  fraudulent information under this section is liable for
 3097  reimbursement of the reasonable costs and fees associated with
 3098  the review, processing, investigation, and prosecution of the
 3099  fraudulent claim. An applicant that obtains a credit payment
 3100  under this section through a claim that is fraudulent is liable
 3101  for reimbursement of the credit amount plus a penalty in an
 3102  amount double the credit amount. The penalty is in addition to
 3103  any criminal penalty to which the applicant is liable for the
 3104  same acts. The applicant is also liable for costs and fees
 3105  incurred by the state in investigating and prosecuting the
 3106  fraudulent claim.
 3107         (10) ANNUAL REPORT.—Each October 1, the Office of Film and
 3108  Entertainment shall provide an annual report for the previous
 3109  fiscal year to the Governor, the President of the Senate, and
 3110  the Speaker of the House of Representatives which outlines the
 3111  return on investment and economic benefits to the state.
 3112         (11) REPEAL.—This section is repealed July 1, 2015, except
 3113  that:
 3114         (a) Tax credits certified under paragraph (3)(d) before
 3115  July 1, 2015, may be awarded under paragraph (3)(f) on or after
 3116  July 1, 2015, if the other requirements of this section are met.
 3117         (b) Tax credits carried forward under paragraph (4)(e)
 3118  remain valid for the period specified.
 3119         (c) Subsections (5), (8) and (9) shall remain in effect
 3120  until July 1, 2020.
 3121         Section 29. Effective July 1, 2010, subsection (5) of
 3122  section 288.1258, Florida Statutes, is amended to read:
 3123         288.1258 Entertainment industry qualified production
 3124  companies; application procedure; categories; duties of the
 3125  Department of Revenue; records and reports.—
 3126         (5) RELATIONSHIP OF TAX EXEMPTIONS AND INCENTIVES TO
 3127  INDUSTRY GROWTH; REPORT TO THE LEGISLATURE.—The Office of Film
 3128  and Entertainment shall keep annual records from the information
 3129  provided on taxpayer applications for tax exemption certificates
 3130  beginning January 1, 2001. These records shall reflect a ratio
 3131  percentage comparison of the annual amount of funds exempted
 3132  sales and use tax exemptions under this section and incentives
 3133  awarded pursuant to s. 288.1254 to the estimated amount of funds
 3134  expended by certified productions, including productions that
 3135  received incentives pursuant to s. 288.1254 in relation to
 3136  entertainment industry products. These records also shall
 3137  reflect a separate ratio of the annual amount of sales and use
 3138  tax exemptions under this section, plus the incentives awarded
 3139  pursuant to s. 288.1254 to the estimated amount of funds
 3140  expended by certified productions. In addition, the office shall
 3141  maintain data showing annual growth in Florida-based
 3142  entertainment industry companies and entertainment industry
 3143  employment and wages. The Office of Film and Entertainment shall
 3144  report this information to the Legislature by no later than
 3145  December 1 of each year.
 3146         Section 30. Effective July 1, 2010, section 288.9552,
 3147  Florida Statutes, is created to read:
 3148         288.9552 Florida Research Commercialization Matching Grant
 3149  Program.—
 3150         (1) PURPOSE; GOALS AND OBJECTIVES; CREATION OF PROGRAM.—
 3151         (a) The purpose of the Florida Research Commercialization
 3152  Matching Grant Program is to increase the amount of federal
 3153  funding to this state which will produce the kind of distinctive
 3154  technologies that drive today’s knowledge-based economy. By
 3155  leveraging federal, state, and private-sector resources, the
 3156  Legislature intends that the program accelerate the innovation
 3157  process and more efficiently transform research results into
 3158  products in the marketplace.
 3159         (b) The matching grant program is specifically intended to
 3160  be a catalyst for small or startup companies that can take
 3161  advantage of federal and state grant funding in order to
 3162  accelerate their growth and market penetration by helping them
 3163  to overcome the funding gap faced by many small companies that
 3164  are based in this state. Specific goals and objectives of the
 3165  program include:
 3166         1. Increasing the amount of federal research moneys
 3167  received by small businesses in this state through Phase I and
 3168  Phase II awards from the Small Business Innovation Research
 3169  Program and the Small Business Technology Transfer Program of
 3170  the Office of Technology of the United States Small Business
 3171  Administration.
 3172         2. Accelerating the entry of new technology-based products
 3173  into the marketplace.
 3174         3. Producing additional technology-based jobs for the
 3175  state.
 3176         4. Providing leveraged resources to increase the
 3177  effectiveness and success of applicants’ projects.
 3178         5. Speeding commercialization of promising technologies.
 3179         6. Encouraging the establishment and growth of high
 3180  quality, advanced technology firms in the state.
 3181         7. Accelerating the rate of investment and enhancing the
 3182  state’s investment infrastructure.
 3183         (c) The Florida Research Commercialization Matching Grant
 3184  Program is created for the purpose of accomplishing the goals
 3185  and objectives specified in this section.
 3186         (2) ADMINISTRATION.—The Florida Institute for the
 3187  Commercialization of Public Research shall develop programmatic
 3188  policy, ensure statewide applicability of the matching grant
 3189  program, establish criteria for grant awards, approve grant
 3190  awards, and annually report on program progress and results.
 3191         (3) GENERAL ELIGIBILITY GUIDELINES.—A qualified applicant
 3192  for a Phase I or Phase II grant must:
 3193         (a) Be a business entity that is registered with the
 3194  Secretary of State to operate in this state. The qualified
 3195  applicant must also have its primary office and a majority of
 3196  its employees domiciled in this state, and its principal
 3197  research activities must be conducted in the state.
 3198         (b) Be a small company for which a state matching grant is
 3199  necessary for project development and implementation.
 3200         (c) Use federal, local, and private resources to the
 3201  maximum extent possible. Total project funding shall demonstrate
 3202  that:
 3203         1. Private-sector investments offset the total cost of the
 3204  project.
 3205         2. Not more than 25 percent of the project’s total funding
 3206  is provided by the state grant.
 3207         (d) Conduct the project funded by the matching grant
 3208  program in this state.
 3209         (4) PHASE-SPECIFIC APPLICATION GUIDELINES.–
 3210         (a) A successful applicant for a grant must meet the
 3211  requirements of this section and be approved by the institute.
 3212  An application for a grant must be made on an application form
 3213  prescribed by the institute. An applicant shall provide all
 3214  information that the institute finds necessary to make the
 3215  determinations required by this section.
 3216         (b) All applications for a grant fund must include the
 3217  following:
 3218         1. A fully elaborated technical research or business plan,
 3219  whichever applies, that is appropriate for review by outside
 3220  experts as provided in this section.
 3221         2. A detailed financial analysis that includes the
 3222  commitment of resources by other entities that will be involved
 3223  in the project.
 3224         3. A statement of the economic development potential of the
 3225  project, such as:
 3226         a. A statement of the way in which grant support will lead
 3227  to significantly increased funding from federal or private
 3228  sources and from private sector research partners.
 3229         b. A projection of the jobs to be created.
 3230         c. The identity, qualifications, and obligations of the
 3231  applicant.
 3232         d. Any other information that the Institute considers
 3233  appropriate.
 3234         (c)1. An application for a grant fund submitted by an
 3235  academic researcher must be made through the office of the
 3236  president of the researcher’s academic institution with the
 3237  express endorsement of the institution’s president.
 3238         2. An application for a grant submitted by a private
 3239  researcher must be made through the office of the highest
 3240  ranking officer of the researcher’s institution with the express
 3241  endorsement of the institution.
 3242         3. Any other application must be made through the office of
 3243  the highest ranking officer of the entity submitting the
 3244  application. In the case of an application for a grant that is
 3245  submitted jointly by one or more researchers or entities, the
 3246  application must be endorsed by each institution or entity.
 3247         (d) A Phase I state grant may not be awarded unless the
 3248  applicant has received a federal Phase I award. An entity may
 3249  receive no more than five Phase I state grants.
 3250         (e) A qualified applicant for a Phase II state grant must
 3251  have received an invitation to submit an application for a
 3252  federal Phase II award or must have received a federal Phase II
 3253  award. If a federal Phase II award has already been issued, the
 3254  end date of the federal award must be identified and
 3255  justification must be provided as to how the state funds will
 3256  enhance the existing federal award. A Phase II state grant may
 3257  not be awarded unless the applicant has received a federal Phase
 3258  II award.
 3259         (5) PHASE I PEER REVIEW GUIDELINES.–In making a
 3260  determination on a proposal intended to obtain Phase I federal
 3261  funding, the institute shall be advised by a peer review panel
 3262  and shall consider the following factors in evaluating the
 3263  proposal:
 3264         (a) The scientific merit of the proposal.
 3265         (b) The predicted future success of federal funding for the
 3266  proposal.
 3267         (c) The ability of the researcher to attract merit based
 3268  scientific funding of research.
 3269         (d) The extent to which the proposal evidences
 3270  interdisciplinary or inter-institutional collaboration among two
 3271  or more postsecondary educational institutions or private sector
 3272  partners in this state, as well as cost sharing and partnership
 3273  support from the business community.
 3274         (e) The peer review panel shall be chosen by and report to
 3275  the institute. In determining the composition and duties of a
 3276  peer review panel, the institute shall consider the National
 3277  Institutes of Health and the National Science Foundation peer
 3278  review processes as models. The members of the panel must have
 3279  extensive experience in federal research funding. A panel member
 3280  may not have a relationship with any private entity or
 3281  postsecondary educational institution in the state that would
 3282  constitute a conflict of interest for the panel member. The
 3283  members of a panel shall serve without compensation and are not
 3284  entitled to per diem and travel expenses while in the
 3285  performance of their duties.
 3286         (f) A grant for a Phase I award may not be approved by the
 3287  Institute unless the proposal has received a positive
 3288  recommendation from a peer review panel described in this
 3289  section.
 3290         (6) PHASE II REVIEW GUIDELINES.–In making a determination
 3291  on an application for a Phase II grant, the institute shall
 3292  consult with experts as necessary to analyze the likelihood of
 3293  success of the proposal and the relative merit of the proposal.
 3294         (7) PROGRAM ADMINISTRATOR; RESPONSIBILITIES.—The Florida
 3295  Institute for the Commercialization of Public Research shall
 3296  serve as program administrator. The institute may contract for
 3297  the performance of a technology review and related functions
 3298  with a third party. Not more than 5 percent of a legislative
 3299  appropriation made for the purposes of implementing this program
 3300  may be used for administering this program. The responsibilities
 3301  of the Institute as the program administrator include, but are
 3302  not limited to:
 3303         (a) Coordinating and supporting the grant review, approval,
 3304  and contracting activities.
 3305         (b) Administering the grant-selection process, including,
 3306  but not limited to, issuing open-call requests for grant
 3307  applications and receiving, reviewing, and processing grant
 3308  applications, and awarding grants to selected qualified
 3309  applicants.
 3310         (c) Entering into a contract with each grant recipient and
 3311  serving as the grant contract manager.
 3312         (d) Reporting program progress and results.
 3313         (e) Establishing a mechanism by which information regarding
 3314  grant projects may be made available to facilitate additional
 3315  investment by individual investors, investment for early start
 3316  up costs, or venture capital investment.
 3317         (8) APPLICATION REVIEW.—An application for a matching grant
 3318  award must be reviewed and approved or denied within 45 days
 3319  after receipt.
 3320         (9) AWARDS.—The matching grant program may make a one-time
 3321  award of up to $50,000 per project for a Phase I grant to a
 3322  qualified applicant and up to $250,000 per project for a Phase
 3323  II grant to a qualified applicant. Grant funds shall be released
 3324  upon completion of all contract requirements.
 3325         (10) REPORTING.—Beginning December 1, 2011, and annually
 3326  thereafter, the institute shall transmit a report relating to
 3327  the grants awarded under the program to the Governor, the
 3328  President of the Senate, and the Speaker of the House of
 3329  Representatives for the previous fiscal year.
 3330         (11) EXPIRATION.—This section expires July 1, 2013, unless
 3331  reviewed and reenacted by the Legislature prior to that date.
 3332         Section 31. Effective July 1, 2010, subsections (7) through
 3333  (12) of section 288.9625, Florida Statutes, are amended to read:
 3334         288.9625 Institute for the Commercialization of Public
 3335  Research.—There is established the Institute for the
 3336  Commercialization of Public Research.
 3337         (7) Enterprise Florida, Inc., shall issue a request for
 3338  proposals to state universities requesting proposals to fulfill
 3339  the purposes of the institute as described in this section and
 3340  provide for its physical location in a major metropolitan area
 3341  in the southern part of the state having extensive commercial
 3342  air service to facilitate access by venture capital providers.
 3343  Enterprise Florida, Inc., shall review the proposals in a
 3344  committee appointed by its board of directors which shall make a
 3345  recommendation for final selection. Final approval of the
 3346  selected proposal must be by the board of directors of
 3347  Enterprise Florida, Inc., at one of its duly noticed meetings.
 3348         (7)(8)(a) To be eligible for assistance, the company or
 3349  organization attempting to commercialize its product must be
 3350  accepted by the institute before receiving the institute’s
 3351  assistance.
 3352         (b) The institute shall receive recommendations from any
 3353  publicly supported organization that a company that is
 3354  commercializing the research, technology, or patents from a
 3355  qualifying publicly supported organization should be accepted
 3356  into the institute.
 3357         (c) The institute shall thereafter review the business
 3358  plans and technology information of each such recommended
 3359  company. If accepted, the institute shall mentor the company,
 3360  develop marketing information on the company, and use its
 3361  resources to attract capital investment into the company, as
 3362  well as bring other resources to the company which may foster
 3363  its effective management, growth, capitalization, technology
 3364  protection, or marketing or business success.
 3365         (8)(9) The institute shall:
 3366         (a) Maintain a centralized location to showcase companies
 3367  and their technologies and products;
 3368         (b) Develop an efficient process to inventory and publicize
 3369  companies and products that have been accepted by the institute
 3370  for commercialization;
 3371         (c) Routinely communicate with private investors and
 3372  venture capital organizations regarding the investment
 3373  opportunities in its showcased companies;
 3374         (d) Facilitate meetings between prospective investors and
 3375  eligible organizations in the institute;
 3376         (e) Hire full-time staff who understand relevant
 3377  technologies needed to market companies to the angel investors
 3378  and venture capital investment community; and
 3379         (f) Develop cooperative relationships with publicly
 3380  supported organizations all of which work together to provide
 3381  resources or special knowledge that is likely to be helpful to
 3382  institute companies.
 3383         (g) Administer the Florida Research Commercialization
 3384  Matching Grant Program created in s. 288.9552.
 3385         (9)(10) The institute shall not develop or accrue any
 3386  ownership, royalty, patent, or other such rights over or
 3387  interest in companies or products in the institute and shall
 3388  maintain the secrecy of proprietary information.
 3389         (10)(11) The institute shall not charge for services
 3390  rendered to state universities and affiliated organizations,
 3391  community colleges, or state agencies.
 3392         (11)(12) By December 1 of each year, the institute shall
 3393  issue an annual report concerning its activities to the
 3394  Governor, the President of the Senate, and the Speaker of the
 3395  House of Representatives. The report shall include the
 3396  following:
 3397         (a) Information on any assistance and activities provided
 3398  by the institute to assist publicly supported universities,
 3399  colleges, research institutes, and other publicly supported
 3400  organizations in the state.
 3401         (b) A description of the benefits to this state resulting
 3402  from the institute, including the number of businesses created,
 3403  associated industries started, the number of jobs created, and
 3404  the growth of related projects.
 3405         (c) Independently audited financial statements, including
 3406  statements that show receipts and expenditures during the
 3407  preceding fiscal year for personnel, administration, and
 3408  operational costs of the institute.
 3409         Section 32. Paragraph (f) of subsection (2) of section
 3410  14.2015, Florida Statutes, is amended to read:
 3411         14.2015 Office of Tourism, Trade, and Economic Development;
 3412  creation; powers and duties.—
 3413         (2) The purpose of the Office of Tourism, Trade, and
 3414  Economic Development is to assist the Governor in working with
 3415  the Legislature, state agencies, business leaders, and economic
 3416  development professionals to formulate and implement coherent
 3417  and consistent policies and strategies designed to provide
 3418  economic opportunities for all Floridians. To accomplish such
 3419  purposes, the Office of Tourism, Trade, and Economic Development
 3420  shall:
 3421         (f)1. Administer the Florida Enterprise Zone Act under ss.
 3422  290.001-290.016, the community contribution tax credit program
 3423  under ss. 220.183 and 624.5105, the tax refund program for
 3424  qualified target industry businesses under s. 288.106, the tax
 3425  refund program for qualified defense contractors and space
 3426  flight business contractors under s. 288.1045, contracts for
 3427  transportation projects under s. 288.063, the sports franchise
 3428  facility programs program under ss. 288.1162 and 288.11621 s.
 3429  288.1162, the professional golf hall of fame facility program
 3430  under s. 288.1168, the expedited permitting process under s.
 3431  403.973, the Rural Community Development Revolving Loan Fund
 3432  under s. 288.065, the Regional Rural Development Grants Program
 3433  under s. 288.018, the Certified Capital Company Act under s.
 3434  288.99, the Florida State Rural Development Council, the Rural
 3435  Economic Development Initiative, and other programs that are
 3436  specifically assigned to the office by law, by the
 3437  appropriations process, or by the Governor. Notwithstanding any
 3438  other provisions of law, the office may expend interest earned
 3439  from the investment of program funds deposited in the Grants and
 3440  Donations Trust Fund to contract for the administration of the
 3441  programs, or portions of the programs, enumerated in this
 3442  paragraph or assigned to the office by law, by the
 3443  appropriations process, or by the Governor. Such expenditures
 3444  shall be subject to review under chapter 216.
 3445         2. The office may enter into contracts in connection with
 3446  the fulfillment of its duties concerning the Florida First
 3447  Business Bond Pool under chapter 159, tax incentives under
 3448  chapters 212 and 220, tax incentives under the Certified Capital
 3449  Company Act in chapter 288, foreign offices under chapter 288,
 3450  the Enterprise Zone program under chapter 290, the Seaport
 3451  Employment Training program under chapter 311, the Florida
 3452  Professional Sports Team License Plates under chapter 320,
 3453  Spaceport Florida under chapter 331, Expedited Permitting under
 3454  chapter 403, and in carrying out other functions that are
 3455  specifically assigned to the office by law, by the
 3456  appropriations process, or by the Governor.
 3457         Section 33. Paragraph (d) of subsection (6) of section
 3458  212.20, Florida Statutes, is amended to read:
 3459         212.20 Funds collected, disposition; additional powers of
 3460  department; operational expense; refund of taxes adjudicated
 3461  unconstitutionally collected.—
 3462         (6) Distribution of all proceeds under this chapter and s.
 3463  202.18(1)(b) and (2)(b) shall be as follows:
 3464         (d) The proceeds of all other taxes and fees imposed
 3465  pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
 3466  and (2)(b) shall be distributed as follows:
 3467         1. In any fiscal year, the greater of $500 million, minus
 3468  an amount equal to 4.6 percent of the proceeds of the taxes
 3469  collected pursuant to chapter 201, or 5.2 percent of all other
 3470  taxes and fees imposed pursuant to this chapter or remitted
 3471  pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
 3472  monthly installments into the General Revenue Fund.
 3473         2. After the distribution under subparagraph 1., 8.814
 3474  percent of the amount remitted by a sales tax dealer located
 3475  within a participating county pursuant to s. 218.61 shall be
 3476  transferred into the Local Government Half-cent Sales Tax
 3477  Clearing Trust Fund. Beginning July 1, 2003, the amount to be
 3478  transferred shall be reduced by 0.1 percent, and the department
 3479  shall distribute this amount to the Public Employees Relations
 3480  Commission Trust Fund less $5,000 each month, which shall be
 3481  added to the amount calculated in subparagraph 3. and
 3482  distributed accordingly.
 3483         3. After the distribution under subparagraphs 1. and 2.,
 3484  0.095 percent shall be transferred to the Local Government Half
 3485  cent Sales Tax Clearing Trust Fund and distributed pursuant to
 3486  s. 218.65.
 3487         4. After the distributions under subparagraphs 1., 2., and
 3488  3., 2.0440 percent of the available proceeds shall be
 3489  transferred monthly to the Revenue Sharing Trust Fund for
 3490  Counties pursuant to s. 218.215.
 3491         5. After the distributions under subparagraphs 1., 2., and
 3492  3., 1.3409 percent of the available proceeds shall be
 3493  transferred monthly to the Revenue Sharing Trust Fund for
 3494  Municipalities pursuant to s. 218.215. If the total revenue to
 3495  be distributed pursuant to this subparagraph is at least as
 3496  great as the amount due from the Revenue Sharing Trust Fund for
 3497  Municipalities and the former Municipal Financial Assistance
 3498  Trust Fund in state fiscal year 1999-2000, no municipality shall
 3499  receive less than the amount due from the Revenue Sharing Trust
 3500  Fund for Municipalities and the former Municipal Financial
 3501  Assistance Trust Fund in state fiscal year 1999-2000. If the
 3502  total proceeds to be distributed are less than the amount
 3503  received in combination from the Revenue Sharing Trust Fund for
 3504  Municipalities and the former Municipal Financial Assistance
 3505  Trust Fund in state fiscal year 1999-2000, each municipality
 3506  shall receive an amount proportionate to the amount it was due
 3507  in state fiscal year 1999-2000.
 3508         6. Of the remaining proceeds:
 3509         a. In each fiscal year, the sum of $29,915,500 shall be
 3510  divided into as many equal parts as there are counties in the
 3511  state, and one part shall be distributed to each county. The
 3512  distribution among the several counties must begin each fiscal
 3513  year on or before January 5th and continue monthly for a total
 3514  of 4 months. If a local or special law required that any moneys
 3515  accruing to a county in fiscal year 1999-2000 under the then
 3516  existing provisions of s. 550.135 be paid directly to the
 3517  district school board, special district, or a municipal
 3518  government, such payment must continue until the local or
 3519  special law is amended or repealed. The state covenants with
 3520  holders of bonds or other instruments of indebtedness issued by
 3521  local governments, special districts, or district school boards
 3522  before July 1, 2000, that it is not the intent of this
 3523  subparagraph to adversely affect the rights of those holders or
 3524  relieve local governments, special districts, or district school
 3525  boards of the duty to meet their obligations as a result of
 3526  previous pledges or assignments or trusts entered into which
 3527  obligated funds received from the distribution to county
 3528  governments under then-existing s. 550.135. This distribution
 3529  specifically is in lieu of funds distributed under s. 550.135
 3530  before July 1, 2000.
 3531         b. The department shall distribute $166,667 monthly
 3532  pursuant to s. 288.1162 to each applicant that has been
 3533  certified as a facility for a new or retained professional
 3534  sports franchise “facility for a new professional sports
 3535  franchise” or a “facility for a retained professional sports
 3536  franchise” pursuant to s. 288.1162. Up to $41,667 shall be
 3537  distributed monthly by the department to each certified
 3538  applicant as defined in s. 288.11621 for a facility for a spring
 3539  training franchise. that has been certified as a “facility for a
 3540  retained spring training franchise” pursuant to s. 288.1162;
 3541  However, not more than $416,670 may be distributed monthly in
 3542  the aggregate to all certified applicants for facilities for a
 3543  retained spring training franchises franchise. Distributions
 3544  must begin 60 days after following such certification and shall
 3545  continue for not more than 30 years, except as otherwise
 3546  provided in s. 288.11621. A certified applicant identified in
 3547  this sub-subparagraph may not This paragraph may not be
 3548  construed to allow an applicant certified pursuant to s.
 3549  288.1162 to receive more in distributions than actually expended
 3550  by the applicant for the public purposes provided for in s.
 3551  288.1162(5) or s. 288.11621(3) s. 288.1162(6).
 3552         c. Beginning 30 days after notice by the Office of Tourism,
 3553  Trade, and Economic Development to the Department of Revenue
 3554  that an applicant has been certified as the professional golf
 3555  hall of fame pursuant to s. 288.1168 and is open to the public,
 3556  $166,667 shall be distributed monthly, for up to 300 months, to
 3557  the applicant.
 3558         d. Beginning 30 days after notice by the Office of Tourism,
 3559  Trade, and Economic Development to the Department of Revenue
 3560  that the applicant has been certified as the International Game
 3561  Fish Association World Center facility pursuant to s. 288.1169,
 3562  and the facility is open to the public, $83,333 shall be
 3563  distributed monthly, for up to 168 months, to the applicant.
 3564  This distribution is subject to reduction pursuant to s.
 3565  288.1169. A lump sum payment of $999,996 shall be made, after
 3566  certification and before July 1, 2000.
 3567         7. All other proceeds must remain in the General Revenue
 3568  Fund.
 3569         Section 34. Section 218.64, Florida Statutes, is amended to
 3570  read:
 3571         218.64 Local government half-cent sales tax; uses;
 3572  limitations.—
 3573         (1) The proportion of the local government half-cent sales
 3574  tax received by a county government based on two-thirds of the
 3575  incorporated area population shall be deemed countywide revenues
 3576  and shall be expended only for countywide tax relief or
 3577  countywide programs. The remaining county government portion
 3578  shall be deemed county revenues derived on behalf of the
 3579  unincorporated area but may be expended on a countywide basis.
 3580         (2) Municipalities shall expend their portions of the local
 3581  government half-cent sales tax only for municipality-wide
 3582  programs or for municipality-wide property tax or municipal
 3583  utility tax relief. All utility tax rate reductions afforded by
 3584  participation in the local government half-cent sales tax shall
 3585  be applied uniformly across all types of taxed utility services.
 3586         (3) Subject to ordinances enacted by the majority of the
 3587  members of the county governing authority and by the majority of
 3588  the members of the governing authorities of municipalities
 3589  representing at least 50 percent of the municipal population of
 3590  such county, counties may use up to $2 million annually of the
 3591  local government half-cent sales tax allocated to that county
 3592  for funding for any of the following applicants:
 3593         (a) A certified applicant as a facility for a new or
 3594  retained professional sports franchise under “facility for a new
 3595  professional sports franchise,” a “facility for a retained
 3596  professional sports franchise,” or a “facility for a retained
 3597  spring training franchise,” as provided for in s. 288.1162 or a
 3598  certified applicant as defined in s. 288.11621 for a facility
 3599  for a spring training franchise. It is the Legislature’s intent
 3600  that the provisions of s. 288.1162, including, but not limited
 3601  to, the evaluation process by the Office of Tourism, Trade, and
 3602  Economic Development except for the limitation on the number of
 3603  certified applicants or facilities as provided in that section
 3604  and the restrictions set forth in s. 288.1162(8) s. 288.1162(9),
 3605  shall apply to an applicant’s facility to be funded by local
 3606  government as provided in this subsection.
 3607         (b) A certified applicant as a “motorsport entertainment
 3608  complex,” as provided for in s. 288.1171. Funding for each
 3609  franchise or motorsport complex shall begin 60 days after
 3610  certification and shall continue for not more than 30 years.
 3611         (4) A local government is authorized to pledge proceeds of
 3612  the local government half-cent sales tax for the payment of
 3613  principal and interest on any capital project.
 3614         Section 35. Section 288.1162, Florida Statutes, is amended
 3615  to read:
 3616         288.1162 Professional sports franchises; spring training
 3617  franchises; duties.—
 3618         (1) The Office of Tourism, Trade, and Economic Development
 3619  shall serve as the state agency for screening applicants for
 3620  state funding under pursuant to s. 212.20 and for certifying an
 3621  applicant as a facility for a new or retained professional
 3622  sports franchise. “facility for a new professional sports
 3623  franchise,” a “facility for a retained professional sports
 3624  franchise,” or a “facility for a retained spring training
 3625  franchise.”
 3626         (2) The Office of Tourism, Trade, and Economic Development
 3627  shall develop rules for the receipt and processing of
 3628  applications for funding under pursuant to s. 212.20.
 3629         (3) As used in this section, the term:
 3630         (a) “New professional sports franchise” means a
 3631  professional sports franchise that was is not based in this
 3632  state before prior to April 1, 1987.
 3633         (b) “Retained professional sports franchise” means a
 3634  professional sports franchise that has had a league-authorized
 3635  location in this state on or before December 31, 1976, and has
 3636  continuously remained at that location, and has never been
 3637  located at a facility that has been previously certified under
 3638  any provision of this section.
 3639         (4) Before Prior to certifying an applicant as a facility
 3640  for a new or retained professional sports franchise, “facility
 3641  for a new professional sports franchise” or a “facility for a
 3642  retained professional sports franchise,” the Office of Tourism,
 3643  Trade, and Economic Development must determine that:
 3644         (a) A “unit of local government” as defined in s. 218.369
 3645  is responsible for the construction, management, or operation of
 3646  the professional sports franchise facility or holds title to the
 3647  property on which the professional sports franchise facility is
 3648  located.
 3649         (b) The applicant has a verified copy of a signed agreement
 3650  with a new professional sports franchise for the use of the
 3651  facility for a term of at least 10 years, or in the case of a
 3652  retained professional sports franchise, an agreement for use of
 3653  the facility for a term of at least 20 years.
 3654         (c) The applicant has a verified copy of the approval from
 3655  the governing authority of the league in which the new
 3656  professional sports franchise exists authorizing the location of
 3657  the professional sports franchise in this state after April 1,
 3658  1987, or in the case of a retained professional sports
 3659  franchise, verified evidence that it has had a league-authorized
 3660  location in this state on or before December 31, 1976. As used
 3661  in this section, the term “league” means the National League or
 3662  the American League of Major League Baseball, the National
 3663  Basketball Association, the National Football League, or the
 3664  National Hockey League.
 3665         (d) The applicant has projections, verified by the Office
 3666  of Tourism, Trade, and Economic Development, which demonstrate
 3667  that the new or retained professional sports franchise will
 3668  attract a paid attendance of more than 300,000 annually.
 3669         (e) The applicant has an independent analysis or study,
 3670  verified by the Office of Tourism, Trade, and Economic
 3671  Development, which demonstrates that the amount of the revenues
 3672  generated by the taxes imposed under chapter 212 with respect to
 3673  the use and operation of the professional sports franchise
 3674  facility will equal or exceed $2 million annually.
 3675         (f) The municipality in which the facility for a new or
 3676  retained professional sports franchise is located, or the county
 3677  if the facility for a new or retained professional sports
 3678  franchise is located in an unincorporated area, has certified by
 3679  resolution after a public hearing that the application serves a
 3680  public purpose.
 3681         (g) The applicant has demonstrated that it has provided, is
 3682  capable of providing, or has financial or other commitments to
 3683  provide more than one-half of the costs incurred or related to
 3684  the improvement and development of the facility.
 3685         (h) An No applicant previously certified under any
 3686  provision of this section who has received funding under such
 3687  certification is not shall be eligible for an additional
 3688  certification.
 3689         (5)(a) As used in this section, the term “retained spring
 3690  training franchise” means a spring training franchise that has
 3691  been based in this state prior to January 1, 2000.
 3692         (b) Prior to certifying an applicant as a “facility for a
 3693  retained spring training franchise,” the Office of Tourism,
 3694  Trade, and Economic Development must determine that:
 3695         1. A “unit of local government” as defined in s. 218.369 is
 3696  responsible for the acquisition, construction, management, or
 3697  operation of the facility for a retained spring training
 3698  franchise or holds title to the property on which the facility
 3699  for a retained spring training franchise is located.
 3700         2. The applicant has a verified copy of a signed agreement
 3701  with a retained spring training franchise for the use of the
 3702  facility for a term of at least 15 years.
 3703         3. The applicant has a financial commitment to provide 50
 3704  percent or more of the funds required by an agreement for the
 3705  acquisition, construction, or renovation of the facility for a
 3706  retained spring training franchise. The agreement can be
 3707  contingent upon the awarding of funds under this section and
 3708  other conditions precedent to use by the spring training
 3709  franchise.
 3710         4. The applicant has projections, verified by the Office of
 3711  Tourism, Trade, and Economic Development, which demonstrate that
 3712  the facility for a retained spring training franchise will
 3713  attract a paid attendance of at least 50,000 annually.
 3714         5. The facility for a retained spring training franchise is
 3715  located in a county that is levying a tourist development tax
 3716  pursuant to s. 125.0104.
 3717         (c)1. The Office of Tourism, Trade, and Economic
 3718  Development shall competitively evaluate applications for
 3719  funding of a facility for a retained spring training franchise.
 3720  Applications must be submitted by October 1, 2000, with
 3721  certifications to be made by January 1, 2001. If the number of
 3722  applicants exceeds five and the aggregate funding request of all
 3723  applications exceeds $208,335 per month, the office shall rank
 3724  the applications according to a selection criteria, certifying
 3725  the highest ranked proposals. The evaluation criteria shall
 3726  include, with priority given in descending order to the
 3727  following items:
 3728         a. The intended use of the funds by the applicant, with
 3729  priority given to the construction of a new facility.
 3730         b. The length of time that the existing franchise has been
 3731  located in the state, with priority given to retaining
 3732  franchises that have been in the same location the longest.
 3733         c. The length of time that a facility to be used by a
 3734  retained spring training franchise has been used by one or more
 3735  spring training franchises, with priority given to a facility
 3736  that has been in continuous use as a facility for spring
 3737  training the longest.
 3738         d. For those teams leasing a spring training facility from
 3739  a unit of local government, the remaining time on the lease for
 3740  facilities used by the spring training franchise, with priority
 3741  given to the shortest time period remaining on the lease.
 3742         e. The duration of the future-use agreement with the
 3743  retained spring training franchise, with priority given to the
 3744  future-use agreement having the longest duration.
 3745         f. The amount of the local match, with priority given to
 3746  the largest percentage of local match proposed.
 3747         g. The net increase of total active recreation space owned
 3748  by the applying unit of local government following the
 3749  acquisition of land for the spring training facility, with
 3750  priority given to the largest percentage increase of total
 3751  active recreation space.
 3752         h. The location of the facility in a brownfield, an
 3753  enterprise zone, a community redevelopment area, or other area
 3754  of targeted development or revitalization included in an Urban
 3755  Infill Redevelopment Plan, with priority given to facilities
 3756  located in these areas.
 3757         i. The projections on paid attendance attracted by the
 3758  facility and the proposed effect on the economy of the local
 3759  community, with priority given to the highest projected paid
 3760  attendance.
 3761         2. Beginning July 1, 2006, the Office of Tourism, Trade,
 3762  and Economic Development shall competitively evaluate
 3763  applications for funding of facilities for retained spring
 3764  training franchises in addition to those certified and funded
 3765  under subparagraph 1. An applicant that is a unit of government
 3766  that has an agreement for a retained spring training franchise
 3767  for 15 or more years which was entered into between July 1,
 3768  2003, and July 1, 2004, shall be eligible for funding.
 3769  Applications must be submitted by October 1, 2006, with
 3770  certifications to be made by January 1, 2007. The office shall
 3771  rank the applications according to selection criteria,
 3772  certifying no more than five proposals. The aggregate funding
 3773  request of all applicants certified shall not exceed an
 3774  aggregate funding request of $208,335 per month. The evaluation
 3775  criteria shall include the following, with priority given in
 3776  descending order:
 3777         a. The intended use of the funds by the applicant for
 3778  acquisition or construction of a new facility.
 3779         b. The intended use of the funds by the applicant to
 3780  renovate a facility.
 3781         c. The length of time that a facility to be used by a
 3782  retained spring training franchise has been used by one or more
 3783  spring training franchises, with priority given to a facility
 3784  that has been in continuous use as a facility for spring
 3785  training the longest.
 3786         d. For those teams leasing a spring training facility from
 3787  a unit of local government, the remaining time on the lease for
 3788  facilities used by the spring training franchise, with priority
 3789  given to the shortest time period remaining on the lease. For
 3790  consideration under this subparagraph, the remaining time on the
 3791  lease shall not exceed 5 years, unless an agreement of 15 years
 3792  or more was entered into between July 1, 2003, and July 1, 2004.
 3793         e. The duration of the future-use agreement with the
 3794  retained spring training franchise, with priority given to the
 3795  future-use agreement having the longest duration.
 3796         f. The amount of the local match, with priority given to
 3797  the largest percentage of local match proposed.
 3798         g. The net increase of total active recreation space owned
 3799  by the applying unit of local government following the
 3800  acquisition of land for the spring training facility, with
 3801  priority given to the largest percentage increase of total
 3802  active recreation space.
 3803         h. The location of the facility in a brownfield area, an
 3804  enterprise zone, a community redevelopment area, or another area
 3805  of targeted development or revitalization included in an urban
 3806  infill redevelopment plan, with priority given to facilities
 3807  located in those areas.
 3808         i. The projections on paid attendance attracted by the
 3809  facility and the proposed effect on the economy of the local
 3810  community, with priority given to the highest projected paid
 3811  attendance.
 3812         (d) Funds may not be expended to subsidize privately owned
 3813  and maintained facilities for use by the spring training
 3814  franchise. Funds may be used to relocate a retained spring
 3815  training franchise to another unit of local government only if
 3816  the existing unit of local government with the retained spring
 3817  training franchise agrees to the relocation.
 3818         (5)(6) An applicant certified as a facility for a new or
 3819  retained professional sports franchise or a facility for a
 3820  retained professional sports franchise or as a facility for a
 3821  retained spring training franchise may use funds provided under
 3822  pursuant to s. 212.20 only for the public purpose of paying for
 3823  the acquisition, construction, reconstruction, or renovation of
 3824  a facility for a new or retained professional sports franchise,
 3825  a facility for a retained professional sports franchise, or a
 3826  facility for a retained spring training franchise or to pay or
 3827  pledge for the payment of debt service on, or to fund debt
 3828  service reserve funds, arbitrage rebate obligations, or other
 3829  amounts payable with respect to, bonds issued for the
 3830  acquisition, construction, reconstruction, or renovation of such
 3831  facility or for the reimbursement of such costs or the
 3832  refinancing of bonds issued for such purposes.
 3833         (6)(7)(a) The Office of Tourism, Trade, and Economic
 3834  Development shall notify the Department of Revenue of any
 3835  facility certified as a facility for a new or retained
 3836  professional sports franchise or a facility for a retained
 3837  professional sports franchise or as a facility for a retained
 3838  spring training franchise. The Office of Tourism, Trade, and
 3839  Economic Development shall certify no more than eight facilities
 3840  as facilities for a new professional sports franchise or as
 3841  facilities for a retained professional sports franchise,
 3842  including in the such total any facilities certified by the
 3843  former Department of Commerce before July 1, 1996. The number of
 3844  facilities certified as a retained spring training franchise
 3845  shall be as provided in subsection (5). The office may make no
 3846  more than one certification for any facility. The office may not
 3847  certify funding for less than the requested amount to any
 3848  applicant certified as a facility for a retained spring training
 3849  franchise.
 3850         (b) The eighth certification of an applicant under this
 3851  section as a facility for a new or retained professional sports
 3852  franchise or a facility for a retained professional sports
 3853  franchise shall be for a franchise that is a member of the
 3854  National Basketball Association, has been located within the
 3855  state since 1987, and has not been previously certified. This
 3856  paragraph is repealed July 1, 2010.
 3857         (7)(8) The Auditor General Department of Revenue may
 3858  conduct audits audit as provided in s. 11.45 s. 213.34 to verify
 3859  that the distributions under pursuant to this section are have
 3860  been expended as required in this section. Such information is
 3861  subject to the confidentiality requirements of chapter 213. If
 3862  the Auditor General Department of Revenue determines that the
 3863  distributions under pursuant to this section are have not been
 3864  expended as required by this section, the Auditor General shall
 3865  notify the Department of Revenue, which it may pursue recovery
 3866  of the such funds under pursuant to the laws and rules governing
 3867  the assessment of taxes.
 3868         (8)(9) An applicant is not qualified for certification
 3869  under this section if the franchise formed the basis for a
 3870  previous certification, unless the previous certification was
 3871  withdrawn by the facility or invalidated by the Office of
 3872  Tourism, Trade, and Economic Development or the former
 3873  Department of Commerce before any funds were distributed under
 3874  pursuant to s. 212.20. This subsection does not disqualify an
 3875  applicant if the previous certification occurred between May 23,
 3876  1993, and May 25, 1993; however, any funds to be distributed
 3877  under pursuant to s. 212.20 for the second certification shall
 3878  be offset by the amount distributed to the previous certified
 3879  facility. Distribution of funds for the second certification
 3880  shall not be made until all amounts payable for the first
 3881  certification are have been distributed.
 3882         Section 36. Section 288.11621, Florida Statutes, is created
 3883  to read:
 3884         288.11621 Spring training baseball franchises.—
 3885         (1) DEFINITIONS.—As used in this section, the term:
 3886         (a) “Agreement” means a certified, signed lease between an
 3887  applicant that applies for certification on or after July 1,
 3888  2010, and the spring training franchise for the use of a
 3889  facility.
 3890         (b) “Applicant” means a unit of local government as defined
 3891  in s. 218.369, including local governments located in the same
 3892  county that have partnered with a certified applicant before the
 3893  effective date of this section or with an applicant for a new
 3894  certification, for purposes of sharing in the responsibilities
 3895  of a facility.
 3896         (c) “Certified applicant” means a facility for a spring
 3897  training franchise that was certified before July 1, 2010, under
 3898  s. 288.1162(5), Florida Statutes 2009, or a unit of local
 3899  government that is certified under this section.
 3900         (d) “Facility” means a spring training stadium, playing
 3901  fields, and appurtenances intended to support spring training
 3902  activities.
 3903         (e) “Local funds” and “local matching funds” mean funds
 3904  provided by a county, municipality, or other local government.
 3905         (f) “Office” means the Office of Tourism, Trade, and
 3906  Economic Development.
 3907         (2) CERTIFICATION PROCESS.—
 3908         (a) Before certifying an applicant to receive state funding
 3909  for a facility for a spring training franchise, the office must
 3910  verify that:
 3911         1. The applicant is responsible for the acquisition,
 3912  construction, management, or operation of the facility for a
 3913  spring training franchise or holds title to the property on
 3914  which the facility for a spring training franchise is located.
 3915         2. The applicant has a certified copy of a signed agreement
 3916  with a spring training franchise for the use of the facility for
 3917  a term of at least 20 years. The agreement also must require the
 3918  franchise to reimburse the state for state funds expended by an
 3919  applicant under this section if the franchise relocates before
 3920  the agreement expires. The agreement may be contingent on an
 3921  award of funds under this section and other conditions
 3922  precedent.
 3923         3. The applicant has made a financial commitment to provide
 3924  50 percent or more of the funds required by an agreement for the
 3925  acquisition, construction, or renovation of the facility for a
 3926  spring training franchise. The commitment may be contingent upon
 3927  an award of funds under this section and other conditions
 3928  precedent.
 3929         4. The applicant demonstrates that the facility for a
 3930  spring training franchise will attract a paid attendance of at
 3931  least 50,000 annually to the spring training games.
 3932         5. The facility for a spring training franchise is located
 3933  in a county that levies a tourist development tax under s.
 3934  125.0104.
 3935         (b) The office shall competitively evaluate applications
 3936  for state funding of a facility for a spring training franchise.
 3937  The total number of certifications may not exceed 10 at any
 3938  time. The evaluation criteria must include, with priority given
 3939  in descending order to, the following items:
 3940         1. The anticipated effect on the economy of the local
 3941  community where the spring training facility is to be built,
 3942  including projections on paid attendance, local and state tax
 3943  collections generated by spring training games, and direct and
 3944  indirect job creation resulting from the spring training
 3945  activities. Priority shall be given to applicants who can
 3946  demonstrate the largest projected economic impact.
 3947         2. The amount of the local matching funds committed to a
 3948  facility relative to the amount of state funding sought, with
 3949  priority given to applicants that commit the largest amount of
 3950  local matching funds relative to the amount of state funding
 3951  sought.
 3952         3. The potential for the facility to serve multiple uses.
 3953         4. The intended use of the funds by the applicant, with
 3954  priority given to the funds being used to acquire a facility,
 3955  construct a new facility, or renovate an existing facility.
 3956         5. The length of time that a spring training franchise has
 3957  been under an agreement to conduct spring training activities
 3958  within an applicant’s geographic location or jurisdiction, with
 3959  priority given to applicants having agreements with the same
 3960  franchise for the longest period of time.
 3961         6. The length of time that an applicant’s facility has been
 3962  used by one or more spring training franchises, with priority
 3963  given to applicants whose facilities have been in continuous use
 3964  as facilities for spring training the longest.
 3965         7. The term remaining on a lease between an applicant and a
 3966  spring training franchise for a facility, with priority given to
 3967  applicants having the shortest lease terms remaining.
 3968         8. The length of time that a spring training franchise
 3969  agrees to use an applicant’s facility if an application is
 3970  granted under this section, with priority given to applicants
 3971  having agreements for the longest future use.
 3972         9. The net increase of total active recreation space owned
 3973  by the applicant after an acquisition of land for the facility,
 3974  with priority given to applicants having the largest percentage
 3975  increase of total active recreation space that will be available
 3976  for public use.
 3977         10. The location of the facility in a brownfield, an
 3978  enterprise zone, a community redevelopment area, or other area
 3979  of targeted development or revitalization included in an urban
 3980  infill redevelopment plan, with priority given to applicants
 3981  having facilities located in these areas.
 3982         (c) Each applicant certified on or after July 1, 2010,
 3983  shall enter into an agreement with the office that:
 3984         1. Specifies the amount of the state incentive funding to
 3985  be distributed.
 3986         2. States the criteria that the certified applicant must
 3987  meet in order to remain certified.
 3988         3. States that the certified applicant is subject to
 3989  decertification if the certified applicant fails to comply with
 3990  this section or the agreement.
 3991         4. States that the office may recover state incentive funds
 3992  if the certified applicant is decertified.
 3993         5. Specifies information that the certified applicant must
 3994  report to the office.
 3995         6. Includes any provision deemed prudent by the office.
 3996         (3) USE OF FUNDS.—
 3997         (a) A certified applicant may use funds provided under s.
 3998  212.20(6)(d)6.b. only to:
 3999         1. Serve the public purpose of acquiring, constructing,
 4000  reconstructing, or renovating a facility for a spring training
 4001  franchise.
 4002         2. Pay or pledge for the payment of debt service on, or to
 4003  fund debt service reserve funds, arbitrage rebate obligations,
 4004  or other amounts payable with respect thereto, bonds issued for
 4005  the acquisition, construction, reconstruction, or renovation of
 4006  such facility, or for the reimbursement of such costs or the
 4007  refinancing of bonds issued for such purposes.
 4008         3. Assist in the relocation of a spring training franchise
 4009  from one unit of local government to another only if the
 4010  governing board of the current host local government by a
 4011  majority vote agrees to relocation.
 4012         (b) State funds awarded to a certified applicant for a
 4013  facility for a spring training franchise may not be used to
 4014  subsidize facilities that are privately owned, maintained, and
 4015  used only by a spring training franchise.
 4016         (c) The Department of Revenue may not distribute funds to
 4017  an applicant certified on or after July 1, 2010, until it
 4018  receives notice from the office that the certified applicant has
 4019  encumbered funds under subparagraph (a)2.
 4020         (d)1. All certified applicants must place unexpended state
 4021  funds received pursuant to s. 212.20(6)(d)6.b. in a trust fund
 4022  or separate account for use only as authorized in this section.
 4023         2. A certified applicant may request that the Department of
 4024  Revenue suspend further distributions of state funds made
 4025  available under s. 212.20(6)(d)6.b. for 12 months after
 4026  expiration of an existing agreement with a spring training
 4027  franchise to provide the certified applicant with an opportunity
 4028  to enter into a new agreement with a spring training franchise,
 4029  at which time the distributions shall resume.
 4030         3. The expenditure of state funds distributed to an
 4031  applicant certified before July 1, 2010, must begin within 48
 4032  months after the initial receipt of the state funds. In
 4033  addition, the construction of, or capital improvements to, a
 4034  spring training facility must be completed within 24 months
 4035  after the project’s commencement.
 4036         (4) ANNUAL REPORTS.—On or before September 1 of each year,
 4037  a certified applicant shall submit to the office a report that
 4038  includes, but is not limited to:
 4039         (a) A copy of its most recent annual audit.
 4040         (b) A detailed report on all local and state funds expended
 4041  to date on the project being financed under this section.
 4042         (c) A copy of the contract between the certified local
 4043  governmental entity and the spring training team.
 4044         (d) A cost-benefit analysis of the team’s impact on the
 4045  community.
 4046         (e) Evidence that the certified applicant continues to meet
 4047  the criteria in effect when the applicant was certified.
 4048         (5) DECERTIFICATION.—
 4049         (a) The office shall decertify a certified applicant upon
 4050  the request of the certified applicant.
 4051         (b) The office shall decertify a certified applicant if the
 4052  certified applicant does not:
 4053         1. Have a valid agreement with a spring training franchise;
 4054         2. Satisfy its commitment to provide local matching funds
 4055  to the facility; or
 4056  
 4057  However, decertification proceedings against a local government
 4058  certified before July 1, 2010, shall be delayed until 12 months
 4059  after the expiration of the local government’s existing
 4060  agreement with a spring training franchise, and without a new
 4061  agreement being signed, if the certified local government can
 4062  demonstrate to the office that it is in active negotiations with
 4063  a major league spring training franchise, other than the
 4064  franchise that was the basis for the original certification.
 4065         (c) A certified applicant has 60 days after it receives a
 4066  notice of intent to decertify from the office to petition the
 4067  office’s director for review of the decertification. Within 45
 4068  days after receipt of the request for review, the director must
 4069  notify a certified applicant of the outcome of the review.
 4070         (d) The office shall notify the Department of Revenue that
 4071  a certified applicant is decertified within 10 days after the
 4072  order of decertification becomes final. The Department of
 4073  Revenue shall immediately stop the payment of any funds under
 4074  this section that were not encumbered by the certified applicant
 4075  under subparagraph (3)(a)2.
 4076         (e) The office shall order a decertified applicant to repay
 4077  all of the unencumbered state funds that the local government
 4078  received under this section and any interest that accrued on
 4079  those funds. The repayment must be made within 60 days after the
 4080  decertification order becomes final. These funds shall be
 4081  deposited into the General Revenue Fund.
 4082         (f) A local government as defined in s. 218.369 may not be
 4083  decertified if it has paid or pledged for the payment of debt
 4084  service on, or to fund debt service reserve funds, arbitrage
 4085  rebate obligations, or other amounts payable with respect
 4086  thereto, bonds issued for the acquisition, construction,
 4087  reconstruction, or renovation of the facility for which the
 4088  local government was certified, or for the reimbursement of such
 4089  costs or the refinancing of bonds issued for the acquisition,
 4090  construction, reconstruction, or renovation of the facility for
 4091  which the local government was certified, or for the
 4092  reimbursement of such costs or the refinancing of bonds issued
 4093  for such purpose. This subsection does not preclude or restrict
 4094  the ability of a certified local government to refinance,
 4095  refund, or defease such bonds.
 4096         (6) ADDITIONAL CERTIFICATIONS.—If the office decertifies a
 4097  unit of local government, the office may accept applications for
 4098  an additional certification. A unit of local government may not
 4099  be certified for more than one spring training franchise at any
 4100  time.
 4101         (7) STRATEGIC PLANNING.—
 4102         (a) The office shall request assistance from the Florida
 4103  Sports Foundation and the Florida Grapefruit League Association
 4104  to develop a comprehensive strategic plan to:
 4105         1. Finance spring training facilities.
 4106         2. Monitor and oversee the use of state funds awarded to
 4107  applicants.
 4108         3. Identify the financial impact that spring training has
 4109  on the state and ways in which to maintain or improve that
 4110  impact.
 4111         4. Identify opportunities to develop public-private
 4112  partnerships to engage in marketing activities and advertise
 4113  spring training baseball.
 4114         5. Identify efforts made by other states to maintain or
 4115  develop partnerships with baseball spring training teams.
 4116         6. Develop recommendations for the Legislature to sustain
 4117  or improve this state’s spring training tradition.
 4118         (b) The office shall submit a copy of the strategic plan to
 4119  the Governor, the President of the Senate, and the Speaker of
 4120  the House of Representatives by December 31, 2010.
 4121         (8) RULEMAKING.—The office shall adopt rules to implement
 4122  the certification, decertification, and decertification review
 4123  processes required by this section.
 4124         (9) AUDITS.—The Auditor General may conduct audits as
 4125  provided in s. 11.45 to verify that the distributions under this
 4126  section are expended as required in this section. If the Auditor
 4127  General determines that the distributions under this section are
 4128  not expended as required by this section, the Auditor General
 4129  shall notify the Department of Revenue, which may pursue
 4130  recovery of the funds under the laws and rules governing the
 4131  assessment of taxes.
 4132         Section 37. Subsection (1) of section 288.1229, Florida
 4133  Statutes, is amended to read:
 4134         288.1229 Promotion and development of sports-related
 4135  industries and amateur athletics; direct-support organization;
 4136  powers and duties.—
 4137         (1) The Office of Tourism, Trade, and Economic Development
 4138  may authorize a direct-support organization to assist the office
 4139  in:
 4140         (a) The promotion and development of the sports industry
 4141  and related industries for the purpose of improving the economic
 4142  presence of these industries in Florida.
 4143         (b) The promotion of amateur athletic participation for the
 4144  citizens of Florida and the promotion of Florida as a host for
 4145  national and international amateur athletic competitions for the
 4146  purpose of encouraging and increasing the direct and ancillary
 4147  economic benefits of amateur athletic events and competitions.
 4148         (c) The retention of professional sports franchises,
 4149  including the spring training operations of Major League
 4150  Baseball.
 4151         Section 38. An agreement with a spring training franchise
 4152  relocating from one local government to another local government
 4153  shall be recognized as a valid agreement under this act if the
 4154  Office of Tourism, Trade, and Economic Development approved the
 4155  continuing release of funds to the local government to which the
 4156  franchise relocated before the effective date of this act. The
 4157  Legislature recognizes the validity of the agreement and
 4158  acknowledges the authority of the Office of Tourism, Trade, and
 4159  Economic Development to provide for the continuing release of
 4160  funds to the local government under the terms of s. 288.1162,
 4161  Florida Statutes, which were in effect before the effective date
 4162  of this act.
 4163         Section 39. Subsection (7) of section 288.9913, Florida
 4164  Statutes, is amended to read:
 4165         288.9913 Definitions.—As used in ss. 288.991-288.9922, the
 4166  term:
 4167         (7) “Qualified active low-income community business” means
 4168  a corporation, including a nonprofit corporation, or partnership
 4169  that complies with each of the following:
 4170         (a)1. Derives at least 50 percent of its total gross income
 4171  from the active conduct of business within any low-income
 4172  community for any taxable year.;
 4173         2. Uses at least 40 percent a substantial portion of its
 4174  tangible property, whether owned or leased, within any low
 4175  income community for any taxable year, which percentage shall be
 4176  the average value of the tangible property owned or leased and
 4177  used within a low-income community by the corporation or
 4178  partnership divided by the average value of the total tangible
 4179  property owned or leased and used by the corporation or
 4180  partnership during the taxable year. The value assigned to
 4181  leased property by the corporation or partnership must be
 4182  reasonable.;
 4183         3. Performs at least 40 percent a substantial portion of
 4184  its services through its employees in a low-income community for
 4185  any taxable year, which percentage shall be the amount paid by
 4186  the corporation or partnership for salaries, wages, and benefits
 4187  to employees in a low-income community divided by the total
 4188  amount paid by the corporation or partnership for salaries,
 4189  wages, and benefits during the taxable year.;
 4190         4. Attributes less than 5 percent of the average of the
 4191  aggregate unadjusted bases of the property of the entity to
 4192  collectibles, as defined in 26 U.S.C. s. 408(m)(2), other than
 4193  collectibles that are held primarily for sale to customers in
 4194  the ordinary course of the business for any taxable year.; and
 4195         5. Attributes less than 5 percent of the average of the
 4196  aggregate unadjusted bases of the property of the entity to
 4197  nonqualified financial property, as defined in 26 U.S.C. s.
 4198  1397C(e), for any taxable year.
 4199  
 4200  A corporation or partnership complies with subparagraph 1. if,
 4201  as calculated in subparagraph 2., it uses at least 50 percent of
 4202  its tangible property, whether owned or leased, within any low
 4203  income community for any taxable year or if, as calculated in
 4204  subparagraph 3., the corporation or partnership performs at
 4205  least 50 percent of its services through its employees in a low
 4206  income community for any taxable year.
 4207         (b) Is reasonably expected by a qualified community
 4208  development entity at the time of an investment to continue to
 4209  satisfy the requirements of paragraphs (a), (c), and (d) for the
 4210  duration of the investment.
 4211         (c) Satisfies the requirements of paragraphs (a) and (b),
 4212  but does not:
 4213         1. Derive or project to derive 15 percent or more of its
 4214  annual revenue from the rental or sale of real estate, unless
 4215  the corporation or partnership derives such revenue from the
 4216  rental of real estate and the primary lessee and user of such
 4217  real estate is another qualified active low-income community
 4218  business that is owned or controlled by, or that is under common
 4219  ownership or control with, such corporation or partnership;
 4220         2. Engage predominantly in the development or holding of
 4221  intangibles for sale or license;
 4222         3. Operate a private or commercial golf course, country
 4223  club, massage parlor, hot tub facility, suntan facility,
 4224  racetrack, gambling facility, or a store the principal business
 4225  of which is the sale of alcoholic beverages for consumption off
 4226  premises; or
 4227         4. Engage principally in farming and owns or leases assets
 4228  the sum of the aggregate unadjusted bases or the fair market
 4229  value of which exceeds $500,000.
 4230         (d) Will create or retain jobs that pay an average wage of
 4231  at least 115 percent of the federal poverty income guidelines
 4232  for a family of four.
 4233         Section 40. Subsection (2) of section 288.9920, Florida
 4234  Statutes, is amended to read:
 4235         288.9920 Recapture and penalties.—
 4236         (2) The office shall provide notice to the qualified
 4237  community development entity and the department of a proposed
 4238  recapture of a tax credit. The entity shall have 6 months 90
 4239  days following the receipt of the notice to cure a deficiency
 4240  identified in the notice and avoid recapture. The office shall
 4241  issue a final order of recapture if the entity fails to cure a
 4242  deficiency within the 6-month 90-day period. The final order of
 4243  recapture shall be provided to the entity, the department, and a
 4244  taxpayer otherwise authorized to claim the tax credit. Only one
 4245  correction is permitted for each qualified equity investment
 4246  during the 7-year credit period. Recaptured funds shall be
 4247  deposited into the General Revenue Fund.
 4248         Section 41. Effective July 1, 2010, section 373.441,
 4249  Florida Statutes, is amended to read:
 4250         373.441 Role of counties, municipalities, and local
 4251  pollution control programs in permit processing; delegation.—
 4252         (1) The department in consultation with the water
 4253  management districts shall, by December 1, 1994, adopt rules to
 4254  guide the participation of counties, municipalities, and local
 4255  pollution control programs in an efficient, streamlined
 4256  permitting system. Such rules must shall seek to increase
 4257  governmental efficiency, shall maintain environmental standards,
 4258  and shall include consideration of the following:
 4259         (a) Provisions under which the environmental resource
 4260  permit program are shall be delegated, upon approval of the
 4261  department and the appropriate water management districts, only
 4262  to a county, municipality, or local pollution control program
 4263  that which has the financial, technical, and administrative
 4264  capabilities and desire to implement and enforce the program;
 4265         (b) Provisions under which a locally delegated permit
 4266  program may have stricter environmental standards than state
 4267  standards;
 4268         (c) Provisions for identifying and reconciling any
 4269  duplicative permitting by January 1, 1995;
 4270         (d) Provisions for timely and cost-efficient notification
 4271  by the reviewing agency of permit applications, and permit
 4272  requirements, to counties, municipalities, local pollution
 4273  control programs, the department, or water management districts,
 4274  as appropriate;
 4275         (e) Provisions for ensuring the consistency of permit
 4276  applications with local comprehensive plans;
 4277         (f) Provisions for the partial delegation of the
 4278  environmental resource permit program to counties,
 4279  municipalities, or local pollution control programs, and
 4280  standards and criteria to be employed in the implementation of
 4281  such delegation by counties, municipalities, and local pollution
 4282  control programs;
 4283         (g) Special provisions under which the environmental
 4284  resource permit program may be delegated to counties having with
 4285  populations of 75,000 or fewer less, or municipalities with, or
 4286  local pollution control programs serving, populations of 50,000
 4287  or fewer less; and
 4288         (h) Provisions for the applicability of chapter 120 to
 4289  local government programs when the environmental resource permit
 4290  program is delegated to counties, municipalities, or local
 4291  pollution control programs; and
 4292         (i) Provisions for a local government to petition the
 4293  Governor and Cabinet for review of a request for a delegation of
 4294  authority that is not approved or denied within 1 year after
 4295  being initiated.
 4296         (2) Any denial by the department of a local government’s
 4297  request for a delegation of authority must provide specific
 4298  detail of those statutory or rule provisions that were not
 4299  satisfied. Such detail shall also include specific actions that
 4300  can be taken in order to allow for the delegation of authority.
 4301  A local government, upon being denied a request for a delegation
 4302  of authority, may petition the Governor and Cabinet for a review
 4303  of the request. The Governor and Cabinet may reverse the
 4304  decision of the department and may provide any necessary
 4305  conditions to allow the delegation of authority to occur.
 4306         (3) Delegation of authority shall be approved if the local
 4307  government meets the requirements set forth in rule 62-344,
 4308  Florida Administrative Code. This section does not require a
 4309  local government to seek delegation of the environmental
 4310  resource permit program.
 4311         (4)(2) Nothing in This section does not affect affects or
 4312  modify modifies land development regulations adopted by a local
 4313  government to implement its comprehensive plan pursuant to
 4314  chapter 163.
 4315         (5)(3) The department shall review environmental resource
 4316  permit applications for electrical distribution and transmission
 4317  lines and other facilities related to the production,
 4318  transmission, and distribution of electricity which are not
 4319  certified under ss. 403.52-403.5365, the Florida Electric
 4320  Transmission Line Siting Act, regulated under this part.
 4321         Section 42. Effective July 1, 2010, subsection (41) is
 4322  added to section 403.061, Florida Statutes, to read:
 4323         403.061 Department; powers and duties.—The department shall
 4324  have the power and the duty to control and prohibit pollution of
 4325  air and water in accordance with the law and rules adopted and
 4326  promulgated by it and, for this purpose, to:
 4327         (41) Expand the use of online self-certification for
 4328  appropriate exemptions and general permits issued by the
 4329  department or the water management districts if such expansion
 4330  is economically feasible. Notwithstanding any other provision of
 4331  law, a local government may not specify the method or form for
 4332  documenting that a project qualifies for an exemption or meets
 4333  the requirements for a permit under chapter 161, chapter 253,
 4334  chapter 373, or this chapter. This limitation of local
 4335  government authority extends to Internet-based department
 4336  programs that provide for self-certification.
 4337  
 4338  The department shall implement such programs in conjunction with
 4339  its other powers and duties and shall place special emphasis on
 4340  reducing and eliminating contamination that presents a threat to
 4341  humans, animals or plants, or to the environment.
 4342         Section 43. Section 47 of chapter 2009-82, Laws of Florida,
 4343  is amended to read:
 4344         Section 47. In order to implement Specific Appropriation
 4345  1570 of the 2009-2010 General Appropriations Act:
 4346         (1) The intent of the Legislature is to ensure that
 4347  residents of the state derive the maximum possible economic
 4348  benefit from the federal first-time homebuyer tax credit created
 4349  through The American Recovery and Reinvestment Act of 2009 by
 4350  providing subordinate down payment assistance loans to first
 4351  time homebuyers for owner-occupied primary residences which can
 4352  be repaid by the income tax refund the homebuyer is entitled to
 4353  under the First Time Homebuyer Credit. The state program shall
 4354  be called the “Florida Homebuyer Opportunity Program.”
 4355         (2) The Florida Housing Finance Corporation shall
 4356  administer the Florida Homebuyer Opportunity Program to optimize
 4357  eligibility for conventional, VA, USDA, FHA, and other loan
 4358  programs through the State Housing Initiatives Partnership
 4359  program in accordance with ss. 420.907-420.9079, Florida
 4360  Statutes, and the provisions of this section.
 4361         (3) Prior to December 1, 2009, or any later date
 4362  established by the Internal Revenue Service for such purchases,
 4363  counties and eligible municipalities receiving funds shall
 4364  expend the funds appropriated under Specific Appropriation 1570A
 4365  only to provide subordinate loans to prospective first-time
 4366  homebuyers under the Florida Homebuyer Opportunity Program
 4367  pursuant to this section, except that up to 10 percent of such
 4368  funds may be used to cover administrative expenses of the
 4369  counties and eligible municipalities to implement the Florida
 4370  Homebuyer Opportunity Program, and not more than .25 percent may
 4371  be used to compensate the Florida Housing Finance Corporation
 4372  for the expenses associated with compliance monitoring. The
 4373  funds appropriated under Specific Appropriation 1570A may not be
 4374  used for any other program currently existing under ss. 420.907
 4375  420.9079, Florida Statutes. Thereafter, the funds shall be
 4376  expended in accordance with ss. 420.907-420.9079, Florida
 4377  Statutes.
 4378         (4) Notwithstanding s. 420.9075, Florida Statutes, for
 4379  purposes of the Florida Homebuyer Opportunity Program, the
 4380  following exceptions shall apply:
 4381         (a) The maximum income limit shall be an adjusted gross
 4382  income of $75,000 for single taxpayer households or $150,000 for
 4383  joint-filing taxpayer households, which is equal to that
 4384  permitted by the American Recovery and Reinvestment Act of 2009;
 4385         (b) There is no requirement to reserve 30 percent of the
 4386  funds for awards to very-low-income persons or 30 percent of the
 4387  funds for awards to low-income persons;
 4388         (c) There is no requirement to expend 75 percent of funds
 4389  for construction, rehabilitation, or emergency repair; and
 4390         (d) The principal balance of the loans provided may not
 4391  exceed 10 percent of the purchase price or $8,000, whichever is
 4392  less.
 4393         (5) Funds shall be expended under a newly created strategy
 4394  in the local housing assistance plan to implement the Florida
 4395  Homebuyer Opportunity Program.
 4396         (6) The homebuyer shall be expected to use their federal
 4397  income tax refund to fully repay the loan. If the county or
 4398  eligible municipality receives repayment from the homebuyer
 4399  within 18 months after the closing date of the loan, the county
 4400  or eligible municipality shall waive all interest charges. A
 4401  homebuyer who fails to fully repay the loan within the earlier
 4402  of 18 months or 10 days after the receipt of their federal
 4403  income tax refund, shall be subject to repayment terms provided
 4404  in the local housing assistance plan, including penalties for
 4405  not using his or her refund for repayment. Penalties may not
 4406  exceed 10 percent of the loan amount and shall be included in
 4407  the loan agreement with the homebuyer.
 4408         (7) All funds repaid to a county or eligible municipality
 4409  shall be considered “program income” as defined in s.
 4410  420.9071(24), Florida Statutes.
 4411         (8) In order to maximize the effect of the funding, the
 4412  counties and eligible municipalities are encouraged to work with
 4413  private lenders to provide additional funds to support the
 4414  initiative. However, in all instances, the counties and eligible
 4415  municipalities shall make and hold the subordinate loan.
 4416         (9) This section expires July 1, 2011 2010.
 4417         Section 44. The Office of Program Policy Analysis and
 4418  Government Accountability shall review and evaluate the Florida
 4419  Enterprise Zone Program in ss. 290.001-290.014, Florida
 4420  Statutes, and submit a report of its findings and
 4421  recommendations to the Governor, the President of the Senate,
 4422  and the Speaker of the House of Representatives by January 11,
 4423  2011. The review shall include, but need not be limited to: how
 4424  the program has changed over the years since it was created;
 4425  whether the program is effectively and efficiently addressing
 4426  the issues that precipitated its creation; the direct and
 4427  indirect costs of the program to the state and local governments
 4428  that participate; whether the program’s tax incentives are
 4429  effectively designed to benefit economically distressed or high
 4430  poverty areas and their residents and business owners; and
 4431  whether the application, review, and approval processes are
 4432  transparent, effective, and efficient.
 4433         Section 45. The Office of Program Policy Analysis and
 4434  Government Accountability shall review and evaluate the
 4435  effectiveness and viability of the Florida Research
 4436  Commercialization Matching Grant Program in s. 288.9552, Florida
 4437  Statutes. The office shall specifically evaluate the use of
 4438  federal grants and private investment and the creation of new
 4439  businesses and jobs. The office shall also recommend outcome
 4440  measures for further evaluation of the program. The office shall
 4441  submit a report of its findings and recommendations to the
 4442  Governor, the President of the Senate, and the Speaker of the
 4443  House of Representatives by November 1, 2011.
 4444         Section 46. (1) Except as provided in subsection (4), a
 4445  development order issued by a local government, a building
 4446  permit, and any permit issued by the Department of Environmental
 4447  Protection or by a water management district pursuant to part IV
 4448  of chapter 373, Florida Statutes, which has an expiration date
 4449  from September 1, 2008, through January 1, 2012, is extended and
 4450  renewed for a period of 2 years after its previously scheduled
 4451  date of expiration. This 2-year extension also applies to
 4452  buildout dates, including any extension of a buildout date that
 4453  was previously granted under s. 380.06(19)(c), Florida Statutes.
 4454  This section does not prohibit conversion from the construction
 4455  phase to the operation phase upon completion of construction.
 4456  This extension is in addition to the 2-year permit extension
 4457  provided under section 14 of chapter 2009-96, Laws of Florida.
 4458         (2) The commencement and completion dates for any required
 4459  mitigation associated with a phased construction project are
 4460  extended so that mitigation takes place in the same timeframe
 4461  relative to the phase as originally permitted.
 4462         (3) The holder of a valid permit or other authorization
 4463  that is eligible for the 2-year extension must notify the
 4464  authorizing agency in writing by December 31, 2010, identifying
 4465  the specific authorization for which the holder intends to use
 4466  the extension and the anticipated timeframe for acting on the
 4467  authorization.
 4468         (4) The extension provided for in subsection (1) does not
 4469  apply to:
 4470         (a) A permit or other authorization under any programmatic
 4471  or regional general permit issued by the Army Corps of
 4472  Engineers.
 4473         (b) A permit or other authorization held by an owner or
 4474  operator determined to be in significant noncompliance with the
 4475  conditions of the permit or authorization as established through
 4476  the issuance of a warning letter or notice of violation, the
 4477  initiation of formal enforcement, or other equivalent action by
 4478  the authorizing agency.
 4479         (c) A permit or other authorization, if granted an
 4480  extension that would delay or prevent compliance with a court
 4481  order.
 4482         (5) Permits extended under this section shall continue to
 4483  be governed by the rules in effect at the time the permit was
 4484  issued, except if it is demonstrated that the rules in effect at
 4485  the time the permit was issued would create an immediate threat
 4486  to public safety or health. This provision applies to any
 4487  modification of the plans, terms, and conditions of the permit
 4488  which lessens the environmental impact, except that any such
 4489  modification does not extend the time limit beyond 2 additional
 4490  years.
 4491         (6) This section does not impair the authority of a county
 4492  or municipality to require the owner of a property that has
 4493  notified the county or municipality of the owner’s intent to
 4494  receive the extension of time granted pursuant to this section
 4495  to maintain and secure the property in a safe and sanitary
 4496  condition in compliance with applicable laws and ordinances.
 4497         Section 47. (1) The Legislature hereby reauthorizes:
 4498         (a) Any exemption granted for any project for which an
 4499  application for development approval has been approved or filed
 4500  pursuant to s. 380.06, Florida Statutes, or for which a complete
 4501  development application or rescission request has been approved
 4502  or is pending, and the application or rescission process is
 4503  continuing in good faith, within a development that is located
 4504  within an area that qualified for an exemption under s. 380.06,
 4505  Florida Statutes, as amended by chapter 2009-96, Laws of
 4506  Florida.
 4507         (b) Any 2-year extension authorized and timely applied for
 4508  pursuant to section 14 of chapter 2009-96, Laws of Florida.
 4509         (c) Any amendment to a local comprehensive plan adopted
 4510  pursuant to s. 163.3184, Florida Statutes, as amended by chapter
 4511  2009-96, Laws of Florida, and in effect pursuant to s. 163.3189,
 4512  Florida Statutes, which authorizes and implements a
 4513  transportation concurrency exception area pursuant to s.
 4514  163.3180, Florida Statutes, as amended by chapter 2009-96, Laws
 4515  of Florida.
 4516         (2) Subsection (1) is intended to be remedial in nature and
 4517  to reenact provisions of existing law. This section shall apply
 4518  retroactively to all actions specified in subsection (1) and
 4519  therefore to any such actions lawfully undertaken in accordance
 4520  with chapter 2009-96, Laws of Florida.
 4521         Section 48. The unexpended funds appropriated in Specific
 4522  Appropriation 2649 of chapter 2008-152, Laws of Florida, for
 4523  improvements to Launch Complex 36 on the 45th Space Wing
 4524  property shall revert immediately and are reappropriated for
 4525  state fiscal year 2010-2011 from the Economic Development
 4526  Transportation Trust Fund for improvements to other launch
 4527  complexes and space transportation facilities in order to
 4528  attract new space vehicle testing and launch business to the
 4529  state; to address intermodal requirements and impacts of the
 4530  launch ranges, spaceports, and other space transportation
 4531  facilities; to advance aerospace technology to meet the current
 4532  and future needs of the United States commercial space
 4533  transportation industry; and to assist in the development of
 4534  joint-use facilities and technology that support aviation and
 4535  aerospace operations, including high-altitude and suborbital
 4536  flights and range technology development.
 4537         Section 49. The installation of fuel tank upgrades to
 4538  secondary containment systems shall be completed by the
 4539  deadlines specified in rule 62-761.510, Florida Administrative
 4540  Code, Table UST. For fuel service station facilities that have
 4541  orders issued by the Department of Environmental Protection
 4542  before July 1, 2010, granting an extension to the deadline, the
 4543  deadline shall be extended to September 30, 2011. Such
 4544  facilities must be in compliance with all other state and
 4545  federal regulations pertaining to petroleum storage systems.
 4546         Section 50. Preference to state residents.—
 4547         (1) Each contract for construction that is funded by state
 4548  funds must contain a provision requiring the contractor to give
 4549  preference to the employment of state residents in the
 4550  performance of the work on the project if state residents have
 4551  substantially equal qualifications to those of nonresidents. A
 4552  contract for construction funded by local funds may contain such
 4553  a provision.
 4554         (a) As used in this section, the term “substantially equal
 4555  qualifications” means the qualifications of two or more persons
 4556  among whom the employer cannot make a reasonable determination
 4557  that the qualifications held by one person are better suited for
 4558  the position than the qualifications held by the other person or
 4559  persons.
 4560         (b) A contractor required to employ state residents must
 4561  contact the Agency for Workforce Innovation to post the
 4562  contractor’s employment needs in the state’s job bank system.
 4563         (2) No contract shall be let to any person refusing to
 4564  execute an agreement containing the provisions required by this
 4565  section. However, in work involving the expenditure of federal
 4566  aid funds, this section may not be enforced in such a manner as
 4567  to conflict with or be contrary to federal law prescribing a
 4568  labor preference to honorably discharged soldiers, sailors, or
 4569  marines, or prohibiting as unlawful any other preference or
 4570  discrimination among the citizens of the United States.
 4571         Section 51. The Legislature finds that this act fulfills an
 4572  important state interest.
 4573         Section 52. If any provision of this act or the application
 4574  thereof to any person or circumstance is held invalid, the
 4575  invalidity shall not affect other provisions or applications of
 4576  the act which can be given effect without the invalid provision
 4577  or application, and to this end the provisions of this act are
 4578  declared severable.
 4579         Section 53. Effective July 1, 2010, there is appropriated
 4580  for state fiscal year 2010-2011 to the Office of Tourism, Trade,
 4581  and Economic Development within the Executive Office of the
 4582  Governor:
 4583         (1) The sum of $10 million in nonrecurring funds from the
 4584  General Revenue Fund for Space Florida to address financing,
 4585  business development, and infrastructure needs to assist in the
 4586  continued development of the aerospace industry in this state
 4587  and management of state-of-the-art facilities for space
 4588  businesses that will create high-technology, high-wage-earning
 4589  jobs.
 4590         (2) The sum of $3.2 million in nonrecurring funds from the
 4591  General Revenue Fund exclusively for Space Florida to retrain
 4592  workers as the result of the retirement of the Space Shuttle
 4593  Program.
 4594         (3) The sum of $3 million in nonrecurring funds from the
 4595  General Revenue Fund for the exclusive purpose of providing
 4596  targeted-business-development support services and business
 4597  recruitment through Space Florida. Activities and services may
 4598  include, but are not limited to, securing federal programs and
 4599  processes, identifying and securing new contract and grant
 4600  opportunities for businesses in this state, assisting businesses
 4601  in establishing operations, securing necessary qualifications
 4602  and approvals, obtaining capital, and engaging company and
 4603  federal officials to site new program elements including
 4604  research, design, testing, and manufacturing work packages in
 4605  this state. Emphasis will be placed on assisting small- to
 4606  medium-sized businesses on a statewide basis. These funds may
 4607  not be used for administrative or operational costs of Space
 4608  Florida.
 4609         (4) The sum of $3 million in nonrecurring funds from the
 4610  General Revenue Fund to provide local government distressed area
 4611  matching grants pursuant to s. 288.0659, Florida Statutes.
 4612  Notwithstanding s. 216.301, Florida Statutes, and pursuant to s.
 4613  216.351, Florida Statutes, any funds remaining from this
 4614  appropriation as of June 30, 2011, shall remain available for
 4615  carrying out the purpose of s. 288.0659, Florida Statutes.
 4616         (5) The sum of $1 million in nonrecurring funds from the
 4617  General Revenue Fund for the purposes of the Economic Gardening
 4618  Technical Assistance Pilot Program pursuant to s. 288.1082,
 4619  Florida Statutes, notwithstanding section 4 of chapter 2009-13,
 4620  Laws of Florida.
 4621         (6) The sum of $2 million in nonrecurring funds from the
 4622  General Revenue Fund for the purposes of the Defense
 4623  Infrastructure Grant Program pursuant to s. 288.980(4), Florida
 4624  Statutes.
 4625         (7) The sums of $94,250 in recurring funds and $3,877 in
 4626  nonrecurring funds from the General Revenue Fund and one
 4627  additional full-time equivalent position and the associated
 4628  salary rate of $67,001 is authorized, for the purpose of
 4629  administering the provisions of this act relating to the Office
 4630  of Tourism, Trade, and Economic Development.
 4631         (8) The sum of $2.9 million in nonrecurring funds from the
 4632  General Revenue Fund for the Florida Export Finance Corporation
 4633  for the purpose of capitalizing a self-sustaining cash
 4634  collateral fund to be available to lenders participating in the
 4635  corporation’s existing loan guarantee program. The cash
 4636  collateral fund must complement the corporation’s existing loan
 4637  and loan guarantee programs and otherwise comply with the
 4638  requirements of part V of chapter 288, Florida Statutes.
 4639         (9) The sum of $3.6 million in nonrecurring funds from the
 4640  General Revenue Fund for Space Florida to address infrastructure
 4641  projects to assist in the continued development of the aerospace
 4642  industry in this state and management of state-of-the-art
 4643  facilities for space businesses that will create high
 4644  technology, high-wage-earning jobs.
 4645         Section 54. Effective July 1, 2010, for the 2010-2011 state
 4646  fiscal year, there is appropriated to the Department of
 4647  Environmental Protection the sum of $1 million in nonrecurring
 4648  funds from the General Revenue Fund for beach restoration.
 4649         Section 55. (1) Effective July 1, 2010, for the 2010-2011
 4650  state fiscal year, the sum of $2 million in nonrecurring funds
 4651  from the General Revenue Fund is appropriated to the Board of
 4652  Governors of the State University System solely for the State
 4653  University Research Commercialization Assistance Grant Program,
 4654  pursuant to s. 1004.226(7), Florida Statutes. The Florida
 4655  Technology, Research, and Scholarship Board shall solicit
 4656  proposals in accordance with s. 1004.226(7)(b), Florida
 4657  Statutes, no later than August 1, 2010, and shall grant awards
 4658  no later than October 30, 2010.
 4659         (2)(a) Effective July 1, 2010, there is appropriated for
 4660  the 2010-2011 state fiscal year to the Office of Tourism, Trade,
 4661  and Economic Development within the Executive Office of the
 4662  Governor:
 4663         1. The sum of $1 million in nonrecurring funds from the
 4664  General Revenue Fund for the purposes of the Economic Gardening
 4665  Technical Assistance Pilot Program pursuant to section 288.1082,
 4666  Florida Statutes, notwithstanding section 4 of Chapter 2009-13,
 4667  Laws of Florida.
 4668         2. The sum of $2 million in nonrecurring funds from the
 4669  General Revenue Fund for the purposes of the Defense
 4670  Infrastructure Grant Program pursuant to s. 288.980(4), Florida
 4671  Statutes.
 4672         3. The sum of $15 million in nonrecurring funds from the
 4673  General Revenue Fund for the purposes of the Quick Action
 4674  Closing Fund pursuant to section 288.1088, Florida Statutes.
 4675         4. The sum of $2 million in nonrecurring funds from the
 4676  General Revenue Fund for the Florida Export Finance Corporation
 4677  for the purpose of capitalizing a self-sustaining cash
 4678  collateral fund to be available to lenders participating in the
 4679  corporation’s existing loan guarantee program. The cash
 4680  collateral fund must complement the corporation’s existing loan
 4681  and loan guarantee programs and otherwise comply with the
 4682  requirements of part V of chapter 288, Florida Statutes.
 4683         (b) The funding provided in paragraph (a) is contingent
 4684  upon the enactment of federal law which extends the enhanced
 4685  Federal Medicaid Assistance Percentage rate, as provided under
 4686  the American Reinvestment and Recovery Act (P.L. 111-5), from
 4687  December 31, 2010, through June 30, 2011.
 4688         Section 56. Effective July 1, 2010, the sum of $3 million
 4689  in nonrecurring funds from the General Revenue Fund is
 4690  appropriated to the Institute for the Commercialization of
 4691  Public Research solely for purposes of the Florida Research
 4692  Commercialization Grant Program, pursuant to s. 288.9552,
 4693  Florida Statutes, of which up to $750,000 may be used for Phase
 4694  I grants.
 4695         Section 57. Except as otherwise expressly provided in this
 4696  act, this act shall take effect upon becoming a law.

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