Bill Text: FL S0922 | 2020 | Regular Session | Comm Sub
Bill Title: Economic Development
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Failed) 2020-03-14 - Died in Messages [S0922 Detail]
Download: Florida-2020-S0922-Comm_Sub.html
Florida Senate - 2020 CS for CS for SB 922 By the Committees on Appropriations; and Commerce and Tourism; and Senator Gruters 576-04283-20 2020922c2 1 A bill to be entitled 2 An act relating to economic development; amending s. 3 288.106, F.S.; authorizing a qualified target industry 4 business located in a county affected by Hurricane 5 Michael to submit a request to the Department of 6 Economic Opportunity for an economic recovery 7 extension in lieu of a tax refund claim scheduled to 8 be submitted during a specified timeframe; authorizing 9 the department to waive certain requirements during a 10 specified timeframe; requiring the department to state 11 any waiver in writing; providing that certain 12 businesses are eligible for a specified tax refund 13 payment; defining the term “county affected by 14 Hurricane Michael”; deleting obsolete provisions; 15 deleting a provision relating to the future expiration 16 of certification for the tax refund program for 17 qualified target industry businesses; amending s. 18 189.033, F.S.; conforming a cross-reference to changes 19 made by the act; providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Paragraph (b) of subsection (5) and subsections 24 (8) and (9) of section 288.106, Florida Statutes, are amended to 25 read: 26 288.106 Tax refund program for qualified target industry 27 businesses.— 28 (5) TAX REFUND AGREEMENT.— 29 (b) Compliance with the terms and conditions of the 30 agreement is a condition precedent for the receipt of a tax 31 refund each year. The failure to comply with the terms and 32 conditions of the tax refund agreement results in the loss of 33 eligibility for receipt of all tax refunds previously authorized 34 under this section and the revocation by the department of the 35 certification of the business entity as a qualified target 36 industry business, unless the business is eligible to receive 37 and elects to accept a prorated refund under paragraph (6)(e) or 38 the department grants the business an economic recovery 39 extension. 40 1. A qualified target industry business may submit a 41 request to the department for an economic recovery extension. 42 The request must provide quantitative evidence demonstrating how 43 negative economic conditions in the business’s industry, the 44 effects of a named hurricane or tropical storm, or specific acts 45 of terrorism affecting the qualified target industry business 46 have prevented the business from complying with the terms and 47 conditions of its tax refund agreement. 48 2. Upon receipt of a request under subparagraph 1., the 49 department has 45 days to notify the requesting business, in 50 writing, whether its extension has been granted or denied. In 51 determining whether an extension should be granted, the 52 department shall consider the extent to which negative economic 53 conditions in the requesting business’s industry have occurred 54 in the state or the effects of a named hurricane or tropical 55 storm or specific acts of terrorism affecting the qualified 56 target industry business have prevented the business from 57 complying with the terms and conditions of its tax refund 58 agreement. The department shall consider current employment 59 statistics for this state by industry, including whether the 60 business’s industry had substantial job loss during the prior 61 year, when determining whether an extension shall be granted. 62 3. As a condition for receiving a prorated refund under 63 paragraph (6)(e) or an economic recovery extension under this 64 paragraph, a qualified target industry business must agree to 65 renegotiate its tax refund agreement with the department to, at 66 a minimum, ensure that the terms of the agreement comply with 67 current law and the department’s procedures governing 68 application for and award of tax refunds. Upon approving the 69 award of a prorated refund or granting an economic recovery 70 extension, the department shall renegotiate the tax refund 71 agreement with the business as required by this subparagraph. 72 When amending the agreement of a business receiving an economic 73 recovery extension, the department may extend the duration of 74 the agreement for a period not to exceed 2 years. 75 4. A qualified target industry business located in a county 76 affected by Hurricane Michael, as defined in subsection (8), may 77 submit a request for an economic recovery extension to the 78 department in lieu of any tax refund claim scheduled to be 79 submitted after January 1, 20212009, but before July 1, 2023 802012. 81 5. A qualified target industry business that receives an 82 economic recovery extension may not receive a tax refund for the 83 period covered by the extension. 84 (8) SPECIAL INCENTIVES.—If the department determines it is 85 in the best interest of the public for reasons of facilitating 86 economic development, growth, or new employment opportunities 87 within aDisproportionally Affectedcounty affected by Hurricane 88 Michael, the departmentmay, between July 1, 20202011, and June 89 30, 20232014, may waiveany or allwage or local financial 90 support eligibility requirements. If the department elects to 91 waive wage or financial support eligibility requirements, the 92 waiver must be stated in writing.and allowA qualified target 93 industry business that relocates from another state to, or 94 establisheswhich relocates all or a portion ofits business or 95 expands its existing business in, ato a Disproportionally96Affectedcounty affected by Hurricane Michael is eligible to 97 receive a tax refund payment of up to $10,000$6,000multiplied 98 by the number of jobs specified in the tax refund agreement 99 under subparagraph (5)(a)1. over the term of the agreement. 100Prior to granting such waiver, the executive director of the101department shall file with the Governor a written statement of102the conditions and circumstances constituting the reason for the103waiver.Such business shall be eligible for the additional tax 104 refund payments specified in subparagraph (3)(b)4. if it meets 105 the criteria. As used in this section, the term 106 “Disproportionally Affectedcounty affected by Hurricane 107 Michael” means Bay County, Calhoun CountyEscambia County, 108 Franklin County, Gadsden County, Gulf County, Holmes County, 109 Jackson County, Jefferson County, Leon County, Liberty County, 110 Okaloosa County,Santa Rosa County, Walton County, orWakulla 111 County, Walton County, or Washington County. 112(9) EXPIRATION.—An applicant may not be certified as113qualified under this section after June 30, 2020. A tax refund114agreement existing on that date shall continue in effect in115accordance with its terms.116 Section 2. Section 189.033, Florida Statutes, is amended to 117 read: 118 189.033 Independent special district services in 119 disproportionally affected county; rate reduction for providers 120 providing economic benefits.—If the governing body of an 121 independent special district that provides water, wastewater, 122 and sanitation services in a disproportionally affected county,123as defined in s. 288.106(8),determines that a new user or the 124 expansion of an existing user of one or more of its utility 125 systems will provide a significant benefit to the community in 126 terms of increased job opportunities, economies of scale, or 127 economic development in the area, the governing body may 128 authorize a reduction of its rates, fees, or charges for that 129 user for a specified period of time. A governing body that 130 exercises this power must do so by resolution that states the 131 anticipated economic benefit justifying the reduction as well as 132 the period of time that the reduction will remain in place. As 133 used in this section, the term “disproportionally affected 134 county” means Bay County, Escambia County, Franklin County, Gulf 135 County, Okaloosa County, Santa Rosa County, Walton County, or 136 Wakulla County. 137 Section 3. This act shall take effect July 1, 2020.