Bill Text: FL S0406 | 2013 | Regular Session | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Economic Development
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2013-05-20 - Chapter No. 2013-42, companion bill(s) passed, see CS/CS/HB 579 (Ch. 2013-198), HB 4013 (Ch. 2013-96), CS/CS/HB 7007 (Ch. 2013-39), SB 1500 (Ch. 2013-40) [S0406 Detail]
Download: Florida-2013-S0406-Engrossed.html
Bill Title: Economic Development
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2013-05-20 - Chapter No. 2013-42, companion bill(s) passed, see CS/CS/HB 579 (Ch. 2013-198), HB 4013 (Ch. 2013-96), CS/CS/HB 7007 (Ch. 2013-39), SB 1500 (Ch. 2013-40) [S0406 Detail]
Download: Florida-2013-S0406-Engrossed.html
CS for SB 406 First Engrossed
2013406e1
1 A bill to be entitled
2 An act relating to economic development; establishing
3 the Economic Development Programs Evaluation;
4 requiring the Office of Economic and Demographic
5 Research and the Office of Program Policy Analysis and
6 Government Accountability to present the evaluation;
7 requiring the offices to develop and submit a work
8 plan for completing the evaluation by a certain date;
9 requiring the offices to provide an analysis of
10 certain economic development programs and specifying a
11 schedule; requiring the Office of Economic and
12 Demographic Research to make certain evaluations in
13 its analysis; limiting the office’s evaluation for the
14 purposes of tax credits, tax refunds, sales tax
15 exemptions, cash grants, and similar programs;
16 requiring the office to use a certain model to
17 evaluate each program; requiring the Office of Program
18 Policy Analysis and Government Accountability to make
19 certain evaluations in its analysis; providing the
20 offices access to all data necessary to complete the
21 evaluation; amending s. 20.60, F.S.; revising the date
22 on which the Department of Economic Opportunity and
23 Enterprise Florida, Inc., are required to report on
24 the business climate and economic development in the
25 state; specifying reports and information that must be
26 included; amending s. 212.08, F.S.; revising
27 definitions; clarifying the application of certain
28 amendments; amending s. 213.053, F.S.; authorizing the
29 Department of Revenue to make certain information
30 available to the director of the Office of Program
31 Policy Analysis and Government Accountability and the
32 coordinator of the Office of Economic and Demographic
33 Research; authorizing the offices to share certain
34 information; amending s. 220.194, F.S.; requiring the
35 annual report for the Florida Space Business
36 Incentives Act to be included in the annual incentives
37 report; deleting certain reporting requirements;
38 amending s. 288.005, F.S.; providing a definition;
39 amending s. 288.012, F.S.; requiring each State of
40 Florida international office to submit a report to
41 Enterprise Florida, Inc., for inclusion in its annual
42 report; deleting a reporting date; amending s.
43 288.061, F.S.; requiring the Department of Economic
44 Opportunity to analyze each economic development
45 incentive application; prohibiting the executive
46 director from approving an economic development
47 incentive application unless a specified written
48 declaration is received; amending s. 288.0656, F.S.;
49 requiring the Rural Economic Development Initiative to
50 submit a report to supplement the Department of
51 Economic Opportunity’s annual report; deleting certain
52 reporting requirements; creating s. 288.076, F.S.;
53 providing definitions; requiring the department to
54 publish on a website specified information concerning
55 state investment in economic development programs;
56 requiring the department to use methodology and
57 formulas established by the Office of Economic and
58 Demographic Research for specified calculations;
59 requiring the Office of Economic and Demographic
60 Research to provide a description of specified
61 methodology and formulas to the department and
62 requiring the department to publish this description
63 on its website within a specified period; providing
64 procedures and requirements for reviewing, updating,
65 and supplementing specified published information;
66 requiring the department to annually publish
67 information relating to the progress of Quick Action
68 Closing Fund projects; requiring the department to
69 publish certain confidential information pertaining to
70 participant businesses upon expiration of a specified
71 confidentiality period; requiring the department to
72 publish certain reports concerning businesses that
73 fail to complete tax refund agreements under the tax
74 refund program for qualified target industry
75 businesses; providing for construction and legislative
76 intent; authorizing the department to adopt rules;
77 repealing s. 288.095(3)(c), F.S., relating to the
78 annual report by Enterprise Florida, Inc., of programs
79 funded by the Economic Development Incentives Account;
80 amending s. 288.106, F.S.; deleting and adding
81 provisions relating to the application and approval
82 process of the tax refund program for qualified target
83 industry businesses; requiring the Department of
84 Economic Opportunity to include information on
85 qualified target industry businesses in the annual
86 incentives report; deleting certain reporting
87 requirements; amending 288.107, F.S.; revising
88 definitions; revising provisions to conform to changes
89 made by the act; revising the minimum criteria for
90 participation in the brownfield redevelopment bonus
91 refund; amending s. 288.1081, F.S.; requiring the use
92 of loan funds from the Economic Gardening Business
93 Loan Pilot Program to be included in the department’s
94 annual report; deleting certain reporting
95 requirements; amending s. 288.1082, F.S.; requiring
96 the progress of the Economic Gardening Technical
97 Assistance Pilot Program to be included in the
98 department’s annual report; deleting certain reporting
99 requirements; amending s. 288.1088, F.S.; requiring
100 the department to validate contractor performance for
101 the Quick Action Closing Fund and include the
102 performance validation in the annual incentives
103 report; deleting certain reporting requirements;
104 amending s. 288.1089, F.S.; requiring that certain
105 projects in the Innovation Incentive Program provide a
106 cumulative break-even economic benefit; requiring the
107 department to report information relating to the
108 Innovation Incentive Program in the annual incentives
109 report; deleting certain reporting requirements;
110 deleting provisions that require the Office of Program
111 Policy Analysis and Government Accountability and the
112 Auditor General’s Office to report on the Innovation
113 Incentive Program; amending s. 288.1253, F.S.;
114 revising a reporting date; requiring expenditures of
115 the Office of Film and Entertainment to be included in
116 the annual entertainment industry financial incentive
117 program report; amending s. 288.1254, F.S.; revising a
118 reporting date; requiring the annual entertainment
119 industry financial incentive program report to include
120 certain information; amending s. 288.1258, F.S.;
121 revising a reporting date; requiring the report
122 detailing the relationship between tax exemptions and
123 incentives to industry growth to be included in the
124 annual entertainment industry financial incentive
125 program report; amending s. 288.714, F.S.; requiring
126 the Department of Economic Opportunity’s annual report
127 to include a report on the Black Business Loan
128 Program; deleting certain reporting requirements;
129 amending s. 288.7771, F.S.; requiring the Florida
130 Export Finance Corporation to submit a report to
131 Enterprise Florida, Inc.; amending s. 288.903, F.S.;
132 requiring Enterprise Florida, Inc., with the
133 Department of Economic Opportunity, to prepare an
134 annual incentives report; repealing s. 288.904(6),
135 F.S., relating to Enterprise Florida, Inc., which
136 requires the department to report the return on the
137 public’s investment; amending s. 288.906, F.S.;
138 requiring certain reports to be included in the
139 Enterprise Florida, Inc., annual report; amending s.
140 288.907, F.S.; requiring Enterprise Florida, Inc.,
141 with the Department of Economic Opportunity, to
142 prepare the annual incentives report; requiring the
143 annual incentives report to include certain
144 information; deleting a provision requiring the
145 Division of Strategic Business Development to assist
146 Enterprise Florida, Inc., with the report; amending s.
147 288.92, F.S.; requiring each division of Enterprise
148 Florida, Inc., to submit a report; amending s.
149 288.95155, F.S.; requiring the financial status of the
150 Florida Small Business Technology Growth Program to be
151 included in the annual incentives report; amending s.
152 290.0056, F.S.; revising a reporting date; requiring
153 the enterprise zone development agency to submit
154 certain information for the Department of Economic
155 Opportunity’s annual report; amending s. 290.014,
156 F.S.; revising a reporting date; requiring certain
157 reports on enterprise zones to be included in the
158 Department of Economic Opportunity’s annual report;
159 amending s. 331.3051, F.S.; revising a reporting date;
160 requiring Space Florida’s annual report to include
161 certain information; amending s. 331.310, F.S.;
162 requiring the Board of Directors of Space Florida to
163 supplement Space Florida’s annual report with
164 operations information; deleting certain reporting
165 requirements; amending s. 446.50, F.S.; requiring the
166 Department of Economic Opportunity’s annual report to
167 include a plan for the displaced homemaker program;
168 deleting certain reporting requirements; providing an
169 effective date.
170
171 Be It Enacted by the Legislature of the State of Florida:
172
173 Section 1. Economic Development Programs Evaluation.—The
174 Office of Economic and Demographic Research and the Office of
175 Program Policy Analysis and Government Accountability (OPPAGA)
176 shall develop and present to the Governor, the President of the
177 Senate, the Speaker of the House of Representatives, and the
178 chairs of the legislative appropriations committees the Economic
179 Development Programs Evaluation.
180 (1) The Office of Economic and Demographic Research and
181 OPPAGA shall coordinate the development of a work plan for
182 completing the Economic Development Programs Evaluation and
183 shall submit the work plan to the President of the Senate and
184 the Speaker of the House of Representatives by July 1, 2013.
185 (2) The Office of Economic and Demographic Research and
186 OPPAGA shall provide a detailed analysis of economic development
187 programs as provided in the following schedule:
188 (a) By January 1, 2014, and every 3 years thereafter, an
189 analysis of the following:
190 1. The capital investment tax credit established under s.
191 220.191, Florida Statutes.
192 2. The qualified target industry tax refund established
193 under s. 288.106, Florida Statutes.
194 3. The brownfield redevelopment bonus refund established
195 under s. 288.107, Florida Statutes.
196 4. High-impact business performance grants established
197 under s. 288.108, Florida Statutes.
198 5. The Quick Action Closing Fund established under s.
199 288.1088, Florida Statutes.
200 6. The Innovation Incentive Program established under s.
201 288.1089, Florida Statutes.
202 7. Enterprise Zone Program incentives established under ss.
203 212.08(5), 212.08(15), 212.096, 220.181, and 220.182, Florida
204 Statutes.
205 (b) By January 1, 2015, and every 3 years thereafter, an
206 analysis of the following:
207 1. The entertainment industry financial incentive program
208 established under s. 288.1254, Florida Statutes.
209 2. The entertainment industry sales tax exemption program
210 established under s. 288.1258, Florida Statutes.
211 3. VISIT Florida and its programs established or funded
212 under ss. 288.122, 288.1226, 288.12265, and 288.124, Florida
213 Statutes.
214 4. The Florida Sports Foundation and related programs
215 established under ss. 288.1162, 288.11621, 288.1166, 288.1167,
216 288.1168, 288.1169, and 288.1171, Florida Statutes.
217 (c) By January 1, 2016, and every 3 years thereafter, an
218 analysis of the following:
219 1. The qualified defense contractor and space flight
220 business tax refund program established under s. 288.1045,
221 Florida Statutes.
222 2. The tax exemption for semiconductor, defense, or space
223 technology sales established under s. 212.08(5)(j), Florida
224 Statutes.
225 3. The Military Base Protection Program established under
226 s. 288.980, Florida Statutes.
227 4. The Manufacturing and Spaceport Investment Incentive
228 Program established under s. 288.1083, Florida Statutes.
229 5. The Quick Response Training Program established under s.
230 288.047, Florida Statutes.
231 6. The Incumbent Worker Training Program established under
232 s. 445.003, Florida Statutes.
233 7. International trade and business development programs
234 established or funded under s. 288.826, Florida Statutes.
235 (3) Pursuant to the schedule established in subsection (2),
236 the Office of Economic and Demographic Research shall evaluate
237 and determine the economic benefits, as defined in s. 288.005,
238 Florida Statutes, of each program over the previous 3 years. The
239 analysis must also evaluate the number of jobs created, the
240 increase or decrease in personal income, and the impact on state
241 gross domestic product from the direct, indirect, and induced
242 effects of the state’s investment in each program over the
243 previous 3 years.
244 (a) For the purpose of evaluating tax credits, tax refunds,
245 sales tax exemptions, cash grants, and similar programs, the
246 Office of Economic and Demographic Research shall evaluate data
247 only from those projects in which businesses received state
248 funds during the evaluation period. Such projects may be fully
249 completed, partially completed with future fund disbursal
250 possible pending performance measures, or partially completed
251 with no future fund disbursal possible as a result of a
252 business’s inability to meet performance measures.
253 (b) The analysis must use the model developed by the Office
254 of Economic and Demographic Research, as required in s. 216.138,
255 Florida Statutes, to evaluate each program. The office shall
256 provide a written explanation of the key assumptions of the
257 model and how it is used. If the office finds that another
258 evaluation model is more appropriate to evaluate a program, it
259 may use another model, but it must provide an explanation as to
260 why the selected model was more appropriate.
261 (4) Pursuant to the schedule established in subsection (2),
262 OPPAGA shall evaluate each program over the previous 3 years for
263 its effectiveness and value to the taxpayers of this state and
264 include recommendations on each program for consideration by the
265 Legislature. The analysis may include relevant economic
266 development reports or analyses prepared by the Department of
267 Economic Opportunity, Enterprise Florida, Inc., or local or
268 regional economic development organizations; interviews with the
269 parties involved; or any other relevant data.
270 (5) The Office of Economic and Demographic Research and
271 OPPAGA must be given access to all data necessary to complete
272 the Economic Development Programs Evaluation, including any
273 confidential data. The offices may collaborate on data
274 collection and analysis.
275 Section 2. Subsection (10) of section 20.60, Florida
276 Statutes, is amended to read:
277 20.60 Department of Economic Opportunity; creation; powers
278 and duties.—
279 (10) The department, with assistance from Enterprise
280 Florida, Inc., shall, by November 1 January 1 of each year,
281 submit an annual report to the Governor, the President of the
282 Senate, and the Speaker of the House of Representatives on the
283 condition of the business climate and economic development in
284 the state.
285 (a) The report must shall include the identification of
286 problems and a prioritized list of recommendations.
287 (b) The report must incorporate annual reports of other
288 programs, including:
289 1. The displaced homemaker program established under s.
290 446.50.
291 2. Information provided by the Department of Revenue under
292 s. 290.014.
293 3. Information provided by enterprise zone development
294 agencies under s. 290.0056 and an analysis of the activities and
295 accomplishments of each enterprise zone.
296 4. The Economic Gardening Business Loan Pilot Program
297 established under s. 288.1081 and the Economic Gardening
298 Technical Assistance Pilot Program established under s.
299 288.1082.
300 5. A detailed report of the performance of the Black
301 Business Loan Program and a cumulative summary of quarterly
302 report data required under s. 288.714.
303 6. The Rural Economic Development Initiative established
304 under s. 288.0656.
305 Section 3. Paragraph (o) of subsection (5) of section
306 212.08, Florida Statutes, is amended to read:
307 212.08 Sales, rental, use, consumption, distribution, and
308 storage tax; specified exemptions.—The sale at retail, the
309 rental, the use, the consumption, the distribution, and the
310 storage to be used or consumed in this state of the following
311 are hereby specifically exempt from the tax imposed by this
312 chapter.
313 (5) EXEMPTIONS; ACCOUNT OF USE.—
314 (o) Building materials in redevelopment projects.—
315 1. As used in this paragraph, the term:
316 a. “Building materials” means tangible personal property
317 that becomes a component part of a housing project or a mixed
318 use project.
319 b. “Housing project” means the conversion of an existing
320 manufacturing or industrial building to a housing unit which is
321 units in an urban high-crime area, an enterprise zone, an
322 empowerment zone, a Front Porch Community, a designated
323 brownfield site for which a rehabilitation agreement with the
324 Department of Environmental Protection or a local government
325 delegated by the Department of Environmental Protection has been
326 executed under s. 376.80 and any abutting real property parcel
327 within a brownfield area, or an urban infill area; and in which
328 the developer agrees to set aside at least 20 percent of the
329 housing units in the project for low-income and moderate-income
330 persons or the construction in a designated brownfield area of
331 affordable housing for persons described in s. 420.0004(9),
332 (11), (12), or (17) or in s. 159.603(7).
333 c. “Mixed-use project” means the conversion of an existing
334 manufacturing or industrial building to mixed-use units that
335 include artists’ studios, art and entertainment services, or
336 other compatible uses. A mixed-use project must be located in an
337 urban high-crime area, an enterprise zone, an empowerment zone,
338 a Front Porch Community, a designated brownfield site for which
339 a rehabilitation agreement with the Department of Environmental
340 Protection or a local government delegated by the Department of
341 Environmental Protection has been executed under s. 376.80 and
342 any abutting real property parcel within a brownfield area, or
343 an urban infill area;, and the developer must agree to set aside
344 at least 20 percent of the square footage of the project for
345 low-income and moderate-income housing.
346 d. “Substantially completed” has the same meaning as
347 provided in s. 192.042(1).
348 2. Building materials used in the construction of a housing
349 project or mixed-use project are exempt from the tax imposed by
350 this chapter upon an affirmative showing to the satisfaction of
351 the department that the requirements of this paragraph have been
352 met. This exemption inures to the owner through a refund of
353 previously paid taxes. To receive this refund, the owner must
354 file an application under oath with the department which
355 includes:
356 a. The name and address of the owner.
357 b. The address and assessment roll parcel number of the
358 project for which a refund is sought.
359 c. A copy of the building permit issued for the project.
360 d. A certification by the local building code inspector
361 that the project is substantially completed.
362 e. A sworn statement, under penalty of perjury, from the
363 general contractor licensed in this state with whom the owner
364 contracted to construct the project, which statement lists the
365 building materials used in the construction of the project and
366 the actual cost thereof, and the amount of sales tax paid on
367 these materials. If a general contractor was not used, the owner
368 shall provide this information in a sworn statement, under
369 penalty of perjury. Copies of invoices evidencing payment of
370 sales tax must be attached to the sworn statement.
371 3. An application for a refund under this paragraph must be
372 submitted to the department within 6 months after the date the
373 project is deemed to be substantially completed by the local
374 building code inspector. Within 30 working days after receipt of
375 the application, the department shall determine if it meets the
376 requirements of this paragraph. A refund approved pursuant to
377 this paragraph shall be made within 30 days after formal
378 approval of the application by the department.
379 4. The department shall establish by rule an application
380 form and criteria for establishing eligibility for exemption
381 under this paragraph.
382 5. The exemption shall apply to purchases of materials on
383 or after July 1, 2000.
384 Section 4. The amendments to sections 212.08 and 288.107,
385 Florida Statutes, made by this act do not apply to building
386 materials purchased before the effective date of this act or to
387 contracts for brownfield redevelopment bonus refunds executed by
388 the Department of Economic Opportunity or Enterprise Florida,
389 Inc., before the effective date of this act.
390 Section 5. Paragraph (bb) is added to subsection (8) of
391 section 213.053, Florida Statutes, to read:
392 213.053 Confidentiality and information sharing.—
393 (8) Notwithstanding any other provision of this section,
394 the department may provide:
395 (bb) Information to the director of the Office of Program
396 Policy Analysis and Government Accountability or his or her
397 authorized agent, and to the coordinator of the Office of
398 Economic and Demographic Research or his or her authorized
399 agent, for purposes of completing the Economic Development
400 Programs Evaluation. Information obtained from the department
401 pursuant to this paragraph may be shared by the director and the
402 coordinator, or the director’s or coordinator’s authorized
403 agent, for purposes of completing the Economic Development
404 Programs Evaluation.
405
406 Disclosure of information under this subsection shall be
407 pursuant to a written agreement between the executive director
408 and the agency. Such agencies, governmental or nongovernmental,
409 shall be bound by the same requirements of confidentiality as
410 the Department of Revenue. Breach of confidentiality is a
411 misdemeanor of the first degree, punishable as provided by s.
412 775.082 or s. 775.083.
413 Section 6. Subsection (9) of section 220.194, Florida
414 Statutes, is amended to read:
415 220.194 Corporate income tax credits for spaceflight
416 projects.—
417 (9) ANNUAL REPORT.—Beginning in 2014, the Department of
418 Economic Opportunity, in cooperation with Space Florida and the
419 department, shall include in the submit an annual incentives
420 report required under s. 288.907 a summary of summarizing
421 activities relating to the Florida Space Business Incentives Act
422 established under this section to the Governor, the President of
423 the Senate, and the Speaker of the House of Representatives by
424 each November 30.
425 Section 7. Subsection (4) is added to section 288.005,
426 Florida Statutes, to read:
427 288.005 Definitions.—As used in this chapter, the term:
428 (4) “Jobs” means full-time equivalent positions, including,
429 but not limited to, positions obtained from a temporary
430 employment agency or employee leasing company or through a union
431 agreement or coemployment under a professional employer
432 organization agreement, which result directly from a project in
433 this state. This number does not include temporary construction
434 jobs involved with the construction of facilities for the
435 project.
436 Section 8. Subsection (3) of section 288.012, Florida
437 Statutes, is amended to read:
438 288.012 State of Florida international offices; state
439 protocol officer; protocol manual.—The Legislature finds that
440 the expansion of international trade and tourism is vital to the
441 overall health and growth of the economy of this state. This
442 expansion is hampered by the lack of technical and business
443 assistance, financial assistance, and information services for
444 businesses in this state. The Legislature finds that these
445 businesses could be assisted by providing these services at
446 State of Florida international offices. The Legislature further
447 finds that the accessibility and provision of services at these
448 offices can be enhanced through cooperative agreements or
449 strategic alliances between private businesses and state, local,
450 and international governmental entities.
451 (3) By October 1 of each year, Each international office
452 shall submit to Enterprise Florida, Inc., the department a
453 complete and detailed report on its activities and
454 accomplishments during the preceding fiscal year for inclusion
455 in the annual report required under s. 288.906. In a format
456 provided by Enterprise Florida, Inc., the report must set forth
457 information on:
458 (a) The number of Florida companies assisted.
459 (b) The number of inquiries received about investment
460 opportunities in this state.
461 (c) The number of trade leads generated.
462 (d) The number of investment projects announced.
463 (e) The estimated U.S. dollar value of sales confirmations.
464 (f) The number of representation agreements.
465 (g) The number of company consultations.
466 (h) Barriers or other issues affecting the effective
467 operation of the office.
468 (i) Changes in office operations which are planned for the
469 current fiscal year.
470 (j) Marketing activities conducted.
471 (k) Strategic alliances formed with organizations in the
472 country in which the office is located.
473 (l) Activities conducted with Florida’s other international
474 offices.
475 (m) Any other information that the office believes would
476 contribute to an understanding of its activities.
477 Section 9. Present subsections (2) and (3) of section
478 288.061, Florida Statutes, are renumbered as subsections (3) and
479 (4), respectively, and a new subsection (2) and subsection (5)
480 are added to that section, to read:
481 288.061 Economic development incentive application
482 process.—
483 (2) Beginning July 1, 2013, the department shall review and
484 evaluate each economic development incentive application for the
485 economic benefits of the proposed award of state incentives
486 proposed for the project. The term “economic benefits” has the
487 same meaning as in s. 288.005. The Office of Economic and
488 Demographic Research shall review and evaluate the methodology
489 and model used to calculate the economic benefits. For purposes
490 of this requirement, an amended definition of economic benefits
491 may be developed in conjunction with the Office of Economic and
492 Demographic Research. The Office of Economic and Demographic
493 Research shall report on the methodology and model by September
494 1, 2013, and every third year thereafter, to the President of
495 the Senate and the Speaker of the House of Representatives.
496 (5)(a) The executive director may not approve an economic
497 development incentive application unless the application
498 includes a signed written declaration by the applicant which
499 states that the applicant has read the information in the
500 application and that the information is true, correct, and
501 complete to the best of the applicant’s knowledge and belief.
502 (b) After an economic development incentive application is
503 approved, the awardee shall provide, in each year that the
504 department is required to validate contractor performance, a
505 signed written declaration. The written declaration must state
506 that the awardee has reviewed the information and that the
507 information is true, correct, and complete to the best of the
508 awardee’s knowledge and belief.
509 Section 10. Subsection (8) of section 288.0656, Florida
510 Statutes, is amended to read:
511 288.0656 Rural Economic Development Initiative.—
512 (8) REDI shall submit a report to the Governor, the
513 President of the Senate, and the Speaker of the House of
514 Representatives each year on or before September 1 on all REDI
515 activities for the prior fiscal year as a supplement to the
516 annual report required under s. 20.60. This report must shall
517 include a status report on all projects currently being
518 coordinated through REDI, the number of preferential awards and
519 allowances made pursuant to this section, the dollar amount of
520 such awards, and the names of the recipients. The report must
521 shall also include a description of all waivers of program
522 requirements granted. The report must shall also include
523 information as to the economic impact of the projects
524 coordinated by REDI, and recommendations based on the review and
525 evaluation of statutes and rules having an adverse impact on
526 rural communities, and proposals to mitigate such adverse
527 impacts.
528 Section 11. Section 288.076, Florida Statutes, is created
529 to read:
530 288.076 Return on investment reporting for economic
531 development programs.—
532 (1) As used in this section, the term:
533 (a) “Jobs” has the same meaning as provided in s. 288.106.
534 (b) “Participant business” means an employing unit, as
535 defined in s. 443.036, that has entered into an agreement with
536 the department to receive a state investment.
537 (c) “Project” has the same meaning as provided in s.
538 288.106.
539 (d) “Project award date” means the date a participant
540 business enters into an agreement with the department to receive
541 a state investment.
542 (e) “State investment” means any state grants, tax
543 exemptions, tax refunds, tax credits, or other state incentives
544 provided to a business under a program administered by the
545 department, including the capital investment tax credit under s.
546 220.191.
547 (2) The department shall maintain a website for the purpose
548 of publishing the information described in this section. The
549 information required to be published under this section must be
550 provided in a format accessible to the public which enables
551 users to search for and sort specific data and to easily view
552 and retrieve all data at once.
553 (3) Within 48 hours after expiration of the period of
554 confidentiality for project information deemed confidential and
555 exempt pursuant to s. 288.075, the department shall publish the
556 following information pertaining to each project:
557 (a) Projected economic benefits.—The projected economic
558 benefits at the time of the initial project award date.
559 (b) Project information.—
560 1. The program or programs through which state investment
561 is being made.
562 2. The maximum potential cumulative state investment in the
563 project.
564 3. The target industry or industries, and any high impact
565 sectors implicated by the project.
566 4. The county or counties that will be impacted by the
567 project.
568 5. The total cumulative local financial commitment and in
569 kind support for the project.
570 (c) Participant business information.—
571 1. The location of the headquarters of the participant
572 business or, if a subsidiary, the headquarters of the parent
573 company.
574 2. The firm size class of the participant business, or
575 where owned by a parent company the firm size class of the
576 participant business’s parent company, using the firm size
577 classes established by the United States Department of Labor
578 Bureau of Labor Statistics, and whether the participant business
579 qualifies as a small business as defined in s. 288.703.
580 3. The date of the project award.
581 4. The expected duration of the contract.
582 5. The anticipated dates when the participant business will
583 claim the last state investment.
584 (d) Project evaluation criteria.—
585 1. Economic benefits generated by the project.
586 2. The net indirect and induced incremental jobs to be
587 generated by the project.
588 3. The net indirect and induced incremental capital
589 investment to be generated by the project.
590 4. The net indirect and induced incremental tax revenue
591 paid to the state to be generated by the project.
592 (e) Project performance goals.—
593 1. The incremental direct jobs attributable to the project,
594 identifying the number of jobs generated and the number of jobs
595 retained.
596 2. The number of jobs generated and the number of jobs
597 retained by the project, and for projects commencing after
598 October 1, 2013, the median annual wage of persons holding such
599 jobs.
600 3. The incremental direct capital investment in the state
601 generated by the project.
602 4. The incremental projected tax revenue to the state paid
603 by the participant business for the project.
604 (f) Total state investment to date.—The total amount of
605 state investment disbursed to the participant business to date
606 under the terms of the contract, itemized by incentive program.
607 (4) The department shall use methodology and formulas
608 established by the Office of Economic and Demographic Research
609 to calculate the economic benefits of each project. The
610 department shall calculate and publish on its website the
611 economic benefits of each project within 48 hours after the
612 conclusion of the agreement between each participant business
613 and the department. The Office of Economic and Demographic
614 Research shall provide a description of the methodology and
615 formulas used to calculate the economic benefits of a project to
616 the department, and the department must publish the information
617 on its website within 48 hours after receiving such information.
618 (5) At least annually, from the project award date, the
619 department shall:
620 (a) Publish verified results to update the information
621 described in paragraphs (3)(b)-(f) to accurately reflect any
622 changes in the published information since the project award
623 date.
624 (b) Publish on its website the date on which the
625 information collected and published for each project was last
626 updated.
627 (6) Annually, the department shall publish information
628 relating to the progress of Quick Action Closing Fund projects,
629 including the average number of days between the date the
630 department receives a completed application and the date on
631 which the application is approved.
632 (7) The department shall publish the following documents at
633 the times specified herein:
634 (a) Within 48 hours after expiration of the period of
635 confidentiality provided under s. 288.075, the department shall
636 publish the contract or agreement described in s. 288.061. The
637 contract or agreement must be redacted to protect the
638 participant business from disclosure of information that remains
639 confidential or exempt by law.
640 (b) Within 48 hours after submitting any report of findings
641 and recommendations made pursuant to s. 288.106(7)(d) concerning
642 a business’s failure to complete a tax refund agreement pursuant
643 to the tax refund program for qualified target industry
644 businesses, the department shall publish such report.
645 (8) For projects completed before October 1, 2013, the
646 department shall compile and, by October 1, 2014, shall publish
647 the information described in subsections (3), (4), and (5), to
648 the extent such information is available and applicable.
649 (9) The provisions of this section that restrict the
650 department’s publication of information are intended only to
651 limit the information that the department may publish on its
652 website and shall not be construed to create an exemption from
653 public records requirements under s. 119.07(1) or s. 24(a), Art.
654 I of the State Constitution.
655 (10) The department may adopt rules to administer this
656 section.
657 Section 12. Paragraph (c) of subsection (3) of section
658 288.095, Florida Statutes, is repealed.
659 Section 13. Paragraph (c) of subsection (4) and paragraph
660 (d) of subsection (7) of section 288.106, Florida Statutes, are
661 amended to read:
662 288.106 Tax refund program for qualified target industry
663 businesses.—
664 (4) APPLICATION AND APPROVAL PROCESS.—
665 (c) Each application meeting the requirements of paragraph
666 (b) must be submitted to the department for determination of
667 eligibility. The department shall review and evaluate each
668 application based on, but not limited to, the following
669 criteria:
670 1. Expected contributions to the state’s economy,
671 consistent with the state strategic economic development plan
672 prepared by the department.
673 2. The economic benefits of the proposed award of tax
674 refunds under this section and the economic benefits of state
675 incentives proposed for the project. The term “economic
676 benefits” has the same meaning as in s. 288.005. The Office of
677 Economic and Demographic Research shall review and evaluate the
678 methodology and model used to calculate the economic benefits
679 and shall report its findings by September 1 of every 3rd year,
680 to the President of the Senate and the Speaker of the House of
681 Representatives.
682 3. The amount of capital investment to be made by the
683 applicant in this state.
684 4. The local financial commitment and support for the
685 project.
686 5. The expected effect of the project on the unemployed and
687 underemployed unemployment rate in the county where the project
688 will be located.
689 6. The expected effect of the award on the viability of the
690 project and the probability that the project would be undertaken
691 in this state if such tax refunds are granted to the applicant.
692 7. The expected long-term commitment of the applicant to
693 economic growth and employment in this state resulting from the
694 project.
695 7.8. A review of the business’s past activities in this
696 state or other states, including whether the such business has
697 been subjected to criminal or civil fines and penalties and
698 whether the business received economic development incentives in
699 other states and the results of such incentive agreements. This
700 subparagraph does not require the disclosure of confidential
701 information.
702 (7) ADMINISTRATION.—
703 (d) Beginning with tax refund agreements signed after July
704 1, 2010, the department shall attempt to ascertain the causes
705 for any business’s failure to complete its agreement and shall
706 report its findings and recommendations must be included in the
707 annual incentives report under s. 288.907 to the Governor, the
708 President of the Senate, and the Speaker of the House of
709 Representatives. The report shall be submitted by December 1 of
710 each year beginning in 2011.
711 Section 14. Paragraphs (c) and (d) of subsection (1),
712 subsections (2) and (3), and paragraphs (a), (b), and (f) of
713 subsection (4) of section 288.107, Florida Statutes, are amended
714 to read:
715 288.107 Brownfield redevelopment bonus refunds.—
716 (1) DEFINITIONS.—As used in this section:
717 (c) “Brownfield area eligible for bonus refunds” means a
718 brownfield site for which a rehabilitation agreement with the
719 Department of Environmental Protection or a local government
720 delegated by the Department of Environmental Protection has been
721 executed under s. 376.80 and any abutting real property parcel
722 within a brownfield contiguous area of one or more brownfield
723 sites, some of which may not be contaminated, and which has been
724 designated by a local government by resolution under s. 376.80.
725 Such areas may include all or portions of community
726 redevelopment areas, enterprise zones, empowerment zones, other
727 such designated economically deprived communities and areas, and
728 Environmental-Protection-Agency-designated brownfield pilot
729 projects.
730 (d) “Eligible business” means:
731 1. A qualified target industry business as defined in s.
732 288.106(2); or
733 2. A business that can demonstrate a fixed capital
734 investment of at least $2 million in mixed-use business
735 activities, including multiunit housing, commercial, retail, and
736 industrial in brownfield areas eligible for bonus refunds, or at
737 least $500,000 in brownfield areas that do not require site
738 cleanup, and that provides benefits to its employees.
739 (2) BROWNFIELD REDEVELOPMENT BONUS REFUND.—Bonus refunds
740 shall be approved by the department as specified in the final
741 order and allowed from the account as follows:
742 (a) A bonus refund of $2,500 shall be allowed to any
743 qualified target industry business as defined in s. 288.106 for
744 each new Florida job created in a brownfield area eligible for
745 bonus refunds which that is claimed on the qualified target
746 industry business’s annual refund claim authorized in s.
747 288.106(6).
748 (b) A bonus refund of up to $2,500 shall be allowed to any
749 other eligible business as defined in subparagraph (1)(d)2. for
750 each new Florida job created in a brownfield area eligible for
751 bonus refunds which that is claimed under an annual claim
752 procedure similar to the annual refund claim authorized in s.
753 288.106(6). The amount of the refund shall be equal to 20
754 percent of the average annual wage for the jobs created.
755 (3) CRITERIA.—The minimum criteria for participation in the
756 brownfield redevelopment bonus refund are:
757 (a) The creation of at least 10 new full-time permanent
758 jobs. Such jobs shall not include construction or site
759 rehabilitation jobs associated with the implementation of a
760 brownfield site agreement as described in s. 376.80(5).
761 (b) The completion of a fixed capital investment of at
762 least $2 million in mixed-use business activities, including
763 multiunit housing, commercial, retail, and industrial in
764 brownfield areas eligible for bonus refunds, or at least
765 $500,000 in brownfield areas that do not require site cleanup,
766 by an eligible business applying for a refund under paragraph
767 (2)(b) which provides benefits to its employees.
768 (c) That the designation as a brownfield will diversify and
769 strengthen the economy of the area surrounding the site.
770 (d) That the designation as a brownfield will promote
771 capital investment in the area beyond that contemplated for the
772 rehabilitation of the site.
773 (e) A resolution adopted by the governing board of the
774 county or municipality in which the project will be located that
775 recommends that certain types of businesses be approved.
776 (4) PAYMENT OF BROWNFIELD REDEVELOPMENT BONUS REFUNDS.—
777 (a) To be eligible to receive a bonus refund for new
778 Florida jobs created in a brownfield area eligible for bonus
779 refunds, a business must have been certified as a qualified
780 target industry business under s. 288.106 or eligible business
781 as defined in paragraph (1)(d) and must have indicated on the
782 qualified target industry business tax refund application form
783 submitted in accordance with s. 288.106(4) or other similar
784 agreement for other eligible business as defined in paragraph
785 (1)(d) that the project for which the application is submitted
786 is or will be located in a brownfield area eligible for bonus
787 refunds and that the business is applying for certification as a
788 qualified brownfield business under this section, and must have
789 signed a qualified target industry business tax refund agreement
790 with the department that indicates that the business has been
791 certified as a qualified target industry business located in a
792 brownfield area eligible for bonus refunds and specifies the
793 schedule of brownfield redevelopment bonus refunds that the
794 business may be eligible to receive in each fiscal year.
795 (b) To be considered to receive an eligible brownfield
796 redevelopment bonus refund payment, the business meeting the
797 requirements of paragraph (a) must submit a claim once each
798 fiscal year on a claim form approved by the department which
799 indicates the location of the brownfield site for which a
800 rehabilitation agreement with the Department of Environmental
801 Protection or a local government delegated by the Department of
802 Environmental Protection has been executed under s. 376.80, the
803 address of the business facility’s brownfield location, the name
804 of the brownfield in which it is located, the number of jobs
805 created, and the average wage of the jobs created by the
806 business within the brownfield as defined in s. 288.106 or other
807 eligible business as defined in paragraph (1)(d) and the
808 administrative rules and policies for that section.
809 (f) Applications shall be reviewed and certified pursuant
810 to s. 288.061. The department shall review all applications
811 submitted under s. 288.106 or other similar application forms
812 for other eligible businesses as defined in paragraph (1)(d)
813 which indicate that the proposed project will be located in a
814 brownfield area eligible for bonus refunds and determine, with
815 the assistance of the Department of Environmental Protection,
816 that the project location is within a brownfield area eligible
817 for bonus refunds as provided in this act.
818 Section 15. Subsection (8) of section 288.1081, Florida
819 Statutes, is amended to read:
820 288.1081 Economic Gardening Business Loan Pilot Program.—
821 (8) The annual report required under s. 20.60 must describe
822 On June 30 and December 31 of each year, the department shall
823 submit a report to the Governor, the President of the Senate,
824 and the Speaker of the House of Representatives which describes
825 in detail the use of the loan funds. The report must include, at
826 a minimum, the number of businesses receiving loans, the number
827 of full-time equivalent jobs created as a result of the loans,
828 the amount of wages paid to employees in the newly created jobs,
829 the locations and types of economic activity undertaken by the
830 borrowers, the amounts of loan repayments made to date, and the
831 default rate of borrowers.
832 Section 16. Subsection (8) of section 288.1082, Florida
833 Statutes, is amended to read:
834 288.1082 Economic Gardening Technical Assistance Pilot
835 Program.—
836 (8) The annual report required under s. 20.60 must describe
837 On December 31 of each year, the department shall submit a
838 report to the Governor, the President of the Senate, and the
839 Speaker of the House of Representatives which describes in
840 detail the progress of the pilot program. The report must
841 include, at a minimum, the number of businesses receiving
842 assistance, the number of full-time equivalent jobs created as a
843 result of the assistance, if any, the amount of wages paid to
844 employees in the newly created jobs, and the locations and types
845 of economic activity undertaken by the businesses.
846 Section 17. Paragraph (e) of subsection (3) of section
847 288.1088, Florida Statutes, is amended to read:
848 288.1088 Quick Action Closing Fund.—
849 (3)
850 (e) The department Enterprise Florida, Inc., shall validate
851 contractor performance. Such validation shall be reported in the
852 annual incentives report required under s. 288.907 within 6
853 months after completion of the contract to the Governor,
854 President of the Senate, and the Speaker of the House of
855 Representatives.
856 Section 18. Paragraphs (b) and (d) of subsection (4), and
857 subsections (9) and (11) of section 288.1089, Florida Statutes,
858 are amended to read:
859 288.1089 Innovation Incentive Program.—
860 (4) To qualify for review by the department, the applicant
861 must, at a minimum, establish the following to the satisfaction
862 of the department:
863 (b) A research and development project must:
864 1. Serve as a catalyst for an emerging or evolving
865 technology cluster.
866 2. Demonstrate a plan for significant higher education
867 collaboration.
868 3. Provide the state, at a minimum, a cumulative break-even
869 economic benefit return on investment within a 20-year period.
870 4. Be provided with a one-to-one match from the local
871 community. The match requirement may be reduced or waived in
872 rural areas of critical economic concern or reduced in rural
873 areas, brownfield areas, and enterprise zones.
874 (d) For an alternative and renewable energy project in this
875 state, the project must:
876 1. Demonstrate a plan for significant collaboration with an
877 institution of higher education;
878 2. Provide the state, at a minimum, a cumulative break-even
879 economic benefit return on investment within a 20-year period;
880 3. Include matching funds provided by the applicant or
881 other available sources. The match requirement may be reduced or
882 waived in rural areas of critical economic concern or reduced in
883 rural areas, brownfield areas, and enterprise zones;
884 4. Be located in this state; and
885 5. Provide at least 35 direct, new jobs that pay an
886 estimated annual average wage that equals at least 130 percent
887 of the average private sector wage.
888 (9) The department shall validate the performance of an
889 innovation business, a research and development facility, or an
890 alternative and renewable energy business that has received an
891 award. At the conclusion of the innovation incentive award
892 agreement, or its earlier termination, the department shall,
893 within 90 days, submit, as part of the annual incentives report
894 required under s. 288.907, a report to the Governor, the
895 President of the Senate, and the Speaker of the House of
896 Representatives detailing whether the recipient of the
897 innovation incentive grant achieved its specified outcomes.
898 (11)(a) The department shall submit to the Governor, the
899 President of the Senate, and the Speaker of the House of
900 Representatives, as part of the annual incentives report
901 required under s. 288.907, a report summarizing the activities
902 and accomplishments of the recipients of grants from the
903 Innovation Incentive Program during the previous 12 months and
904 an evaluation of whether the recipients are catalysts for
905 additional direct and indirect economic development in Florida.
906 (b) Beginning March 1, 2010, and every third year
907 thereafter, the Office of Program Policy Analysis and Government
908 Accountability, in consultation with the Auditor General’s
909 Office, shall release a report evaluating the Innovation
910 Incentive Program’s progress toward creating clusters of high
911 wage, high-skilled, complementary industries that serve as
912 catalysts for economic growth specifically in the regions in
913 which they are located, and generally for the state as a whole.
914 Such report should include critical analyses of quarterly and
915 annual reports, annual audits, and other documents prepared by
916 the Innovation Incentive Program awardees; relevant economic
917 development reports prepared by the department, Enterprise
918 Florida, Inc., and local or regional economic development
919 organizations; interviews with the parties involved; and any
920 other relevant data. Such report should also include legislative
921 recommendations, if necessary, on how to improve the Innovation
922 Incentive Program so that the program reaches its anticipated
923 potential as a catalyst for direct and indirect economic
924 development in this state.
925 Section 19. Subsection (3) of section 288.1253, Florida
926 Statutes, is amended to read:
927 288.1253 Travel and entertainment expenses.—
928 (3) The department shall prepare an annual report of the
929 expenditures of the previous fiscal year of the Office of Film
930 and Entertainment and provide such report to the Legislature on
931 November 1 no later than December 30 of each year as part of the
932 report required under s. 288.1254(10) for the expenditures of
933 the previous fiscal year. The report shall consist of a summary
934 of all travel, entertainment, and incidental expenses incurred
935 within the United States and all travel, entertainment, and
936 incidental expenses incurred outside the United States, as well
937 as a summary of all successful projects that developed from such
938 travel.
939 Section 20. Subsection (10) of section 288.1254, Florida
940 Statutes, is amended to read:
941 288.1254 Entertainment industry financial incentive
942 program.—
943 (10) ANNUAL REPORT.—Each November 1 October 1, the Office
944 of Film and Entertainment shall provide an annual report for the
945 previous fiscal year to the Governor, the President of the
946 Senate, and the Speaker of the House of Representatives which
947 outlines the return on investment and economic benefits to the
948 state. The report must shall also include an estimate of the
949 full-time equivalent positions created by each production that
950 received tax credits under this section and information relating
951 to the distribution of productions receiving credits by
952 geographic region and type of production. The report must also
953 include the expenditures report required under s. 288.1253(3)
954 and the report detailing the relationship between tax exemptions
955 and incentives to industry growth required under s. 288.1258(5).
956 Section 21. Subsection (5) of section 288.1258, Florida
957 Statutes, is amended to read:
958 288.1258 Entertainment industry qualified production
959 companies; application procedure; categories; duties of the
960 Department of Revenue; records and reports.—
961 (5) RELATIONSHIP OF TAX EXEMPTIONS AND INCENTIVES TO
962 INDUSTRY GROWTH; REPORT TO THE LEGISLATURE.—The Office of Film
963 and Entertainment shall keep annual records from the information
964 provided on taxpayer applications for tax exemption certificates
965 beginning January 1, 2001. These records also must shall reflect
966 a ratio of the annual amount of sales and use tax exemptions
967 under this section, plus the incentives awarded pursuant to s.
968 288.1254 to the estimated amount of funds expended by certified
969 productions. In addition, the office shall maintain data showing
970 annual growth in Florida-based entertainment industry companies
971 and entertainment industry employment and wages. The employment
972 information must shall include an estimate of the full-time
973 equivalent positions created by each production that received
974 tax credits pursuant to s. 288.1254. The Office of Film and
975 Entertainment shall report this information to the Legislature
976 no later than November 1 December 1 of each year as part of the
977 report required under s. 288.1254(10).
978 Section 22. Subsection (3) of section 288.714, Florida
979 Statutes, is amended to read:
980 288.714 Quarterly and annual reports.—
981 (3) The annual review and report required under s. 20.60
982 must include By August 31 of each year, the department shall
983 provide to the Governor, the President of the Senate, and the
984 Speaker of the House of Representatives a detailed report of the
985 performance of the Black Business Loan Program. The report must
986 include a cumulative summary of quarterly report data required
987 by subsection (1).
988 Section 23. Section 288.7771, Florida Statutes, is amended
989 to read:
990 288.7771 Annual report of Florida Export Finance
991 Corporation.—The corporation shall annually prepare and submit
992 to Enterprise Florida, Inc., the department for inclusion in its
993 annual report required by s. 288.906, s. 288.095 a complete and
994 detailed report setting forth:
995 (1) The report required in s. 288.776(3).
996 (2) Its assets and liabilities at the end of its most
997 recent fiscal year.
998 Section 24. Section 288.903, Florida Statutes, is amended
999 to read:
1000 288.903 Duties of Enterprise Florida, Inc.—Enterprise
1001 Florida, Inc., shall have the following duties:
1002 (1) Responsibly and prudently manage all public and private
1003 funds received, and ensure that the use of such funds is in
1004 accordance with all applicable laws, bylaws, or contractual
1005 requirements.
1006 (2) Administer the entities or programs created pursuant to
1007 part IX of this chapter; ss. 288.9622-288.9624; ss. 288.95155
1008 and 288.9519; and chapter 95-429, Laws of Florida, line 1680Y.
1009 (3) Prepare an annual report pursuant to s. 288.906.
1010 (4) Prepare, in conjunction with the department, and an
1011 annual incentives report pursuant to s. 288.907.
1012 (5)(4) Assist the department with the development of an
1013 annual and a long-range strategic business blueprint for
1014 economic development required in s. 20.60.
1015 (6)(5) In coordination with Workforce Florida, Inc.,
1016 identify education and training programs that will ensure
1017 Florida businesses have access to a skilled and competent
1018 workforce necessary to compete successfully in the domestic and
1019 global marketplace.
1020 Section 25. Subsection (6) of section 288.904, Florida
1021 Statutes, is repealed.
1022 Section 26. Subsection (3) is added to section 288.906,
1023 Florida Statutes, to read:
1024 288.906 Annual report of Enterprise Florida, Inc., and its
1025 divisions; audits.—
1026 (3) The following reports must be included as supplements
1027 to the detailed report required by this section:
1028 (a) The annual report of the Florida Export Finance
1029 Corporation required under s. 288.7771.
1030 (b) The report on international offices required under s.
1031 288.012.
1032 Section 27. Section 288.907, Florida Statutes, is amended
1033 to read:
1034 288.907 Annual incentives report.—
1035 (1) By December 30 of each year, In addition to the annual
1036 report required under s. 288.906, Enterprise Florida, Inc., in
1037 conjunction with the department, by December 30 of each year,
1038 shall provide the Governor, the President of the Senate, and the
1039 Speaker of the House of Representatives a detailed incentives
1040 report quantifying the economic benefits for all of the economic
1041 development incentive programs marketed by Enterprise Florida,
1042 Inc.
1043 (a) The annual incentives report must include:
1044 (1) For each incentive program:
1045 (a)1. A brief description of the incentive program.
1046 (b)2. The amount of awards granted, by year, since
1047 inception and the annual amount actually transferred from the
1048 state treasury to businesses or for the benefit of businesses
1049 for each of the previous 3 years.
1050 3. The economic benefits, as defined in s. 288.005, based
1051 on the actual amount of private capital invested, actual number
1052 of jobs created, and actual wages paid for incentive agreements
1053 completed during the previous 3 years.
1054 (c)4. The report shall also include The actual amount of
1055 private capital invested, actual number of jobs created, and
1056 actual wages paid for incentive agreements completed during the
1057 previous 3 years for each target industry sector.
1058 (2)(b) For projects completed during the previous state
1059 fiscal year, the report must include:
1060 (a)1. The number of economic development incentive
1061 applications received.
1062 (b)2. The number of recommendations made to the department
1063 by Enterprise Florida, Inc., including the number recommended
1064 for approval and the number recommended for denial.
1065 (c)3. The number of final decisions issued by the
1066 department for approval and for denial.
1067 (d)4. The projects for which a tax refund, tax credit, or
1068 cash grant agreement was executed, identifying for each project:
1069 1.a. The number of jobs committed to be created.
1070 2.b. The amount of capital investments committed to be
1071 made.
1072 3.c. The annual average wage committed to be paid.
1073 4.d. The amount of state economic development incentives
1074 committed to the project from each incentive program under the
1075 project’s terms of agreement with the Department of Economic
1076 Opportunity.
1077 5.e. The amount and type of local matching funds committed
1078 to the project.
1079 (e) Tax refunds paid or other payments made funded out of
1080 the Economic Development Incentives Account for each project.
1081 (f) The types of projects supported.
1082 (3)(c) For economic development projects that received tax
1083 refunds, tax credits, or cash grants under the terms of an
1084 agreement for incentives, the report must identify:
1085 (a)1. The number of jobs actually created.
1086 (b)2. The amount of capital investments actually made.
1087 (c)3. The annual average wage paid.
1088 (4)(d) For a project receiving economic development
1089 incentives approved by the department and receiving federal or
1090 local incentives, the report must include a description of the
1091 federal or local incentives, if available.
1092 (5)(e) The report must state the number of withdrawn or
1093 terminated projects that did not fulfill the terms of their
1094 agreements with the department and, consequently, are not
1095 receiving incentives.
1096 (6) For any agreements signed after July 1, 2010, findings
1097 and recommendations on the efforts of the department to
1098 ascertain the causes of any business’s inability to complete its
1099 agreement made under s. 288.106.
1100 (7)(f) The amount report must include an analysis of the
1101 economic benefits, as defined in s. 288.005, of tax refunds, tax
1102 credits, or other payments made to projects locating or
1103 expanding in state enterprise zones, rural communities,
1104 brownfield areas, or distressed urban communities. The report
1105 must include a separate analysis of the impact of such tax
1106 refunds on state enterprise zones designated under s. 290.0065,
1107 rural communities, brownfield areas, and distressed urban
1108 communities.
1109 (8) The name of and tax refund amount for each business
1110 that has received a tax refund under s. 288.1045 or s. 288.106
1111 during the preceding fiscal year.
1112 (9)(g) An identification of The report must identify the
1113 target industry businesses and high-impact businesses.
1114 (10)(h) A description of The report must describe the
1115 trends relating to business interest in, and usage of, the
1116 various incentives, and the number of minority-owned or woman
1117 owned businesses receiving incentives.
1118 (l1)(i) An identification of The report must identify
1119 incentive programs not used and recommendations for program
1120 changes or program elimination utilized.
1121 (12) Information related to the validation of contractor
1122 performance required under s. 288.061.
1123 (13) Beginning in 2014, a summation of the activities
1124 related to the Florida Space Business Incentives Act.
1125 (2) The Division of Strategic Business Development within
1126 the department shall assist Enterprise Florida, Inc., in the
1127 preparation of the annual incentives report.
1128 Section 28. Subsection (3) of section 288.92, Florida
1129 Statutes, is amended to read:
1130 288.92 Divisions of Enterprise Florida, Inc.—
1131 (3) By October 15 each year, each division shall draft and
1132 submit an annual report that which details the division’s
1133 activities during the prior fiscal year and includes any
1134 recommendations for improving current statutes related to the
1135 division’s related area. These annual reports shall be included
1136 in the report required under s. 288.906.
1137 Section 29. Subsection (5) of section 288.95155, Florida
1138 Statutes, is amended to read:
1139 288.95155 Florida Small Business Technology Growth
1140 Program.—
1141 (5) Enterprise Florida, Inc., shall prepare for inclusion
1142 in the annual report of the department required under s. 288.907
1143 by s. 288.095 a report on the financial status of the program.
1144 The report must specify the assets and liabilities of the
1145 program within the current fiscal year and must include a
1146 portfolio update that lists all of the businesses assisted, the
1147 private dollars leveraged by each business assisted, and the
1148 growth in sales and in employment of each business assisted.
1149 Section 30. Subsection (11) of section 290.0056, Florida
1150 Statutes, is amended to read:
1151 290.0056 Enterprise zone development agency.—
1152 (11) Before October 1 December 1 of each year, the agency
1153 shall submit to the department for inclusion in the annual
1154 report required under s. 20.60 a complete and detailed written
1155 report setting forth:
1156 (a) Its operations and accomplishments during the fiscal
1157 year.
1158 (b) The accomplishments and progress concerning the
1159 implementation of the strategic plan or measurable goals, and
1160 any updates to the strategic plan or measurable goals.
1161 (c) The number and type of businesses assisted by the
1162 agency during the fiscal year.
1163 (d) The number of jobs created within the enterprise zone
1164 during the fiscal year.
1165 (e) The usage and revenue impact of state and local
1166 incentives granted during the calendar year.
1167 (f) Any other information required by the department.
1168 Section 31. Section 290.014, Florida Statutes, is amended
1169 to read:
1170 290.014 Annual reports on enterprise zones.—
1171 (1) By October 1 February 1 of each year, the Department of
1172 Revenue shall submit an annual report to the department
1173 detailing the usage and revenue impact by county of the state
1174 incentives listed in s. 290.007.
1175 (2) By March 1 of each year, the department shall submit an
1176 annual report to the Governor, the Speaker of the House of
1177 Representatives, and the President of the Senate. The annual
1178 report required under s. 20.60 shall include the information
1179 provided by the Department of Revenue pursuant to subsection (1)
1180 and the information provided by enterprise zone development
1181 agencies pursuant to s. 290.0056. In addition, the report shall
1182 include an analysis of the activities and accomplishments of
1183 each enterprise zone.
1184 Section 32. Subsection (11) of section 331.3051, Florida
1185 Statutes, is amended to read:
1186 331.3051 Duties of Space Florida.—Space Florida shall:
1187 (11) Annually report on its performance with respect to its
1188 business plan, to include finance, spaceport operations,
1189 research and development, workforce development, and education.
1190 The report shall be submitted to the Governor, the President of
1191 the Senate, and the Speaker of the House of Representatives no
1192 later than November 30 September 1 for the prior fiscal year.
1193 The annual report must include operations information as
1194 required under s. 331.310(2)(e).
1195 Section 33. Paragraph (e) of subsection (2) of section
1196 331.310, Florida Statutes, is amended to read:
1197 331.310 Powers and duties of the board of directors.—
1198 (2) The board of directors shall:
1199 (e) Prepare an annual report of operations as a supplement
1200 to the annual report required under s. 331.3051(11). The report
1201 must shall include, but not be limited to, a balance sheet, an
1202 income statement, a statement of changes in financial position,
1203 a reconciliation of changes in equity accounts, a summary of
1204 significant accounting principles, the auditor’s report, a
1205 summary of the status of existing and proposed bonding projects,
1206 comments from management about the year’s business, and
1207 prospects for the next year, which shall be submitted each year
1208 by November 30 to the Governor, the President of the Senate, the
1209 Speaker of the House of Representatives, the minority leader of
1210 the Senate, and the minority leader of the House of
1211 Representatives.
1212 Section 34. Subsection (4) of section 446.50, Florida
1213 Statutes, is amended to read:
1214 446.50 Displaced homemakers; multiservice programs; report
1215 to the Legislature; Displaced Homemaker Trust Fund created.—
1216 (4) STATE PLAN.—
1217 (a) The Department of Economic Opportunity shall include in
1218 the annual report required under s. 20.60 a develop a 3-year
1219 state plan for the displaced homemaker program which shall be
1220 updated annually. The plan must address, at a minimum, the need
1221 for programs specifically designed to serve displaced
1222 homemakers, any necessary service components for such programs
1223 in addition to those enumerated in this section, goals of the
1224 displaced homemaker program with an analysis of the extent to
1225 which those goals are being met, and recommendations for ways to
1226 address any unmet program goals. Any request for funds for
1227 program expansion must be based on the state plan.
1228 (b) The annual review and report required under s. 20.60
1229 Each annual update must address any changes in the components of
1230 the 3-year state plan and a report that must include, but need
1231 not be limited to, the following:
1232 1. The scope of the incidence of displaced homemakers;
1233 2. A compilation and report, by program, of data submitted
1234 to the department pursuant to subparagraph 3. by funded
1235 displaced homemaker service programs;
1236 3. An identification and description of the programs in the
1237 state which receive funding from the department, including
1238 funding information; and
1239 4. An assessment of the effectiveness of each displaced
1240 homemaker service program based on outcome criteria established
1241 by rule of the department.
1242 (c) The 3-year state plan must be submitted to the
1243 President of the Senate, the Speaker of the House of
1244 Representatives, and the Governor on or before January 1, 2001,
1245 and annual updates of the plan must be submitted by January 1 of
1246 each subsequent year.
1247 Section 35. This act shall take effect upon becoming a law.
