Fla. Stat. § 288.1045
(1) DEFINITIONS.--As used in this section:
(2) GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.--
(f) After entering into a tax refund agreement pursuant to subsection (4), a qualified applicant may receive refunds from the Economic Development Trust Fund for the following taxes due and paid by the qualified applicant beginning with the applicant's first taxable year that begins after entering into the agreement:
1. Taxes on sales, use, and other transactions paid pursuant to chapter 212.
2. Corporate income taxes paid pursuant to chapter 220.
3. Intangible personal property taxes paid pursuant to chapter 199.
4. Emergency excise taxes paid pursuant to chapter 221.
5. Excise taxes paid on documents pursuant to chapter 201.
6. Ad valorem taxes paid, as defined in s. 220.03(1)(a) on June 1, 1996. However, a qualified applicant may not receive a tax refund pursuant to this section for any amount of credit, refund, or exemption granted such contractor for any of such taxes. If a refund for such taxes is provided by the 1Department of Commerce, which are subsequently adjusted by the application of any credit, refund, or exemption granted to the qualified applicant other than that provided in this section, the qualified applicant shall reimburse the Economic Development Trust Fund for the amount of such credit, refund, or exemption. A qualified applicant must notify and tender payment to the 1Department of Commerce within 20 days after receiving a credit, refund, or exemption, other than that provided in this section.
(3) APPLICATION PROCESS; REQUIREMENTS; AGENCY DETERMINATION.--
(b) Applications for certification based on the consolidation of a Department of Defense contract or a new Department of Defense contract must be submitted to the 3division as prescribed by the 1Department of Commerce and must include, but are not limited to, the following information:
1. The applicant's federal employer identification number, the applicant's Florida sales tax registration number, and a notarized signature of an officer of the applicant.
2. The permanent location of the manufacturing, assembling, fabricating, research, development, or design facility in this state at which the project is or is to be located.
3. The Department of Defense contract numbers of the contract to be consolidated, the new Department of Defense contract number, or the "RFP" number of a proposed Department of Defense contract.
4. The date the contract was executed or is expected to be executed, and the date the contract is due to expire or is expected to expire.
5. The commencement date for project operations under the contract in this state.
6. The number of full-time equivalent jobs in this state which are or will be dedicated to the project during the year and the average wage of such jobs.
7. The total number of full-time equivalent employees employed by the applicant in this state.
8. The percentage of the applicant's gross receipts derived from Department of Defense contracts during the 5 taxable years immediately preceding the date the application is submitted.
9. The amount of:
a. Taxes on sales, use, and other transactions paid pursuant to chapter 212;
b. Corporate income taxes paid pursuant to chapter 220;
c. Intangible personal property taxes paid pursuant to chapter 199;
d. Emergency excise taxes paid pursuant to chapter 221;
e. Excise taxes paid on documents pursuant to chapter 201; and
f. Ad valorem taxes paid during the 5 fiscal years immediately preceding the date of the application, and the projected amounts of such taxes to be due in the 3 fiscal years immediately following the date of the application.
10. The estimated amount of tax refunds to be claimed in each fiscal year.
11. A brief statement concerning the applicant's need for tax refunds, and the proposed uses of such refunds by the applicant.
12. A resolution adopted by the county commissioners of the county in which the project will be located, which recommends the applicant be approved as a qualified applicant, and which indicates that the necessary commitments of local financial support for the applicant exist. Prior to the adoption of the resolution, the county commission may review the proposed public or private sources of such support and determine whether the proposed sources of local financial support can be provided or, for any applicant whose project is located in a county designated by the Rural Economic Development Initiative, a resolution adopted by the county commissioners of such county requesting that the applicant's project be exempt from the local financial support requirement.
13. Any additional information requested by the 3division.
(c) Applications for certification based on the conversion of defense production jobs to nondefense production jobs must be submitted to the 3division as prescribed by the 1Department of Commerce and must include, but are not limited to, the following information:
1. The applicant's federal employer identification number, the applicant's Florida sales tax registration number, and a notarized signature of an officer of the applicant.
2. The permanent location of the manufacturing, assembling, fabricating, research, development, or design facility in this state at which the project is or is to be located.
3. The Department of Defense contract numbers of the contract under which the defense production jobs will be converted to nondefense production jobs.
4. The date the contract was executed, and the date the contract is due to expire or is expected to expire, or was canceled.
5. The commencement date for the nondefense production operations in this state.
6. The number of full-time equivalent jobs in this state which are or will be dedicated to the nondefense production project during the year and the average wage of such jobs.
7. The total number of full-time equivalent employees employed by the applicant in this state.
8. The percentage of the applicant's gross receipts derived from Department of Defense contracts during the 5 taxable years immediately preceding the date the application is submitted.
9. The amount of:
a. Taxes on sales, use, and other transactions paid pursuant to chapter 212;
b. Corporate income taxes paid pursuant to chapter 220;
c. Intangible personal property taxes paid pursuant to chapter 199;
d. Emergency excise taxes paid pursuant to chapter 221;
e. Excise taxes paid on documents pursuant to chapter 201; and
f. Ad valorem taxes paid during the 5 fiscal years immediately preceding the date of the application, and the projected amounts of such taxes to be due in the 3 fiscal years immediately following the date of the application.
10. The estimated amount of tax refunds to be claimed in each fiscal year.
11. A brief statement concerning the applicant's need for tax refunds, and the proposed uses of such refunds by the applicant.
12. A resolution adopted by the county commissioners of the county in which the project will be located, which recommends the applicant be approved as a qualified applicant, and which indicates that the necessary commitments of local financial support for the applicant exist. Prior to the adoption of the resolution, the county commission may review the proposed public or private sources of such support and determine whether the proposed sources of local financial support can be provided or, for any applicant whose project is located in a county designated by the Rural Economic Development Initiative, a resolution adopted by the county commissioners of such county requesting that the applicant's project be exempt from the local financial support requirement.
13. Any additional information requested by the 3division.
(d) Applications for certification based on a contract for reuse of a defense-related facility must be submitted to the 3division as prescribed by the 1Department of Commerce and must include, but are not limited to, the following information:
1. The applicant's Florida sales tax registration number and a notarized signature of an officer of the applicant.
2. The permanent location of the manufacturing, assembling, fabricating, research, development, or design facility in this state at which the project is or is to be located.
3. The business entity holding a valid Department of Defense contract or branch of the Armed Forces of the United States that previously occupied the facility, and the date such entity last occupied the facility.
4. A copy of the contract to reuse the facility, or such alternative proof as may be prescribed by the 1department that the applicant is seeking to contract for the reuse of such facility.
5. The date the contract to reuse the facility was executed or is expected to be executed, and the date the contract is due to expire or is expected to expire.
6. The commencement date for project operations under the contract in this state.
7. The number of full-time equivalent jobs in this state which are or will be dedicated to the project during the year and the average wage of such jobs.
8. The total number of full-time equivalent employees employed by the applicant in this state.
9. The amount of:
a. Taxes on sales, use, and other transactions paid pursuant to chapter 212.
b. Corporate income taxes paid pursuant to chapter 220.
c. Intangible personal property taxes paid pursuant to chapter 199.
d. Emergency excise taxes paid pursuant to chapter 221.
e. Excise taxes paid on documents pursuant to chapter 201.
f. Ad valorem taxes paid during the 5 fiscal years immediately preceding the date of the application, and the projected amounts of such taxes to be due in the 3 fiscal years immediately following the date of the application.
10. The estimated amount of tax refunds to be claimed in each fiscal year.
11. A brief statement concerning the applicant's need for tax refunds, and the proposed uses of such refunds by the applicant.
12. A resolution adopted by the county commissioners of the county in which the project will be located, which recommends the applicant be approved as a qualified applicant, and which indicates that the necessary commitments of local financial support for the applicant exist. Prior to the adoption of the resolution, the county commission may review the proposed public or private sources of such support and determine whether the proposed sources of local financial support can be provided or, for any applicant whose project is located in a county designated by the Rural Economic Development Initiative, a resolution adopted by the county commissioners of such county requesting that the applicant's project be exempt from the local financial support requirement.
13. Any additional information requested by the 3division.
(e) To qualify for review by the 3division, the application of an applicant must, at a minimum, establish the following to the satisfaction of the 3division:
1. The jobs proposed to be provided under the application, pursuant to subparagraph (b)6. or subparagraph (c)6., must pay an estimated annual average wage equaling at least 115 percent of the average wage in the area where the project is to be located.
2. The consolidation of a Department of Defense contract must result in a net increase of at least 25 percent in the number of jobs at the applicant's facilities in this state or the addition of at least 80 jobs at the applicant's facilities in this state.
3. The conversion of defense production jobs to nondefense production jobs must result in net increases in nondefense employment at the applicant's facilities in this state.
4. The Department of Defense contract cannot allow the business to include the costs of relocation or retooling in its base as allowable costs under a cost-plus, or similar, contract.
5. A business unit of the applicant must have derived not less than 70 percent of its gross receipts in this state from Department of Defense contracts over the applicant's last fiscal year, and must have derived not less than 80 percent of its gross receipts in this state from Department of Defense contracts over the 5 years preceding the date an application is submitted pursuant to this section. This subparagraph does not apply to any application for certification based on a contract for reuse of a defense-related facility.
6. The reuse of a defense-related facility must result in the creation of at least 100 jobs at such facility.
(f) Each application meeting the requirements of paragraphs (b) and (e), paragraphs (c) and (e), or paragraphs (d) and (e) must be submitted to the 3division for a determination of eligibility. The 3division shall review, evaluate, and score each application based on, but not limited to, the following criteria:
1. Expected contributions to the state strategic economic development plan adopted by Enterprise Florida, Inc., taking into account the extent to which the project contributes to the state's high-technology base, and the long-term impact of the project and the applicant on the state's economy.
2. The economic benefit of the jobs created or retained by the project in this state, taking into account the cost and average wage of each job created or retained, and the potential risk to existing jobs.
3. The amount of capital investment to be made by the applicant in this state.
4. The local commitment and support for the project and applicant.
5. The impact of the project on the local community, taking into account the unemployment rate for the county where the project will be located.
6. The dependence of the local community on the defense industry.
7. The impact of any tax refunds granted pursuant to this section on the viability of the project and the probability that the project will occur in this state if such tax refunds are granted to the applicant, taking into account the expected long-term commitment of the applicant to economic growth and employment in this state.
8. The length of the project, or the expected long-term commitment to this state resulting from the project.
(4) QUALIFIED DEFENSE CONTRACTOR TAX REFUND AGREEMENT.--
(a) A qualified applicant shall enter into a written agreement with the 1department containing, but not limited to, the following:
1. The total number of full-time equivalent jobs in this state that are or will be dedicated to the qualified applicant's project, the average wage of such jobs, the definitions that will apply for measuring the achievement of these terms during the pendency of the agreement, and a time schedule or plan for when such jobs will be in place and active in this state. This information must be the same as the information contained in the application submitted by the contractor pursuant to subsection (3).
2. The maximum amount of a refund that the qualified applicant is eligible to receive in each fiscal year.
3. An agreement with the 1department allowing the 1department to review and verify the financial and personnel records of the qualified applicant to ascertain whether the qualified applicant is complying with the requirements of this section.
4. The date after which, each fiscal year, the qualified applicant may file an annual claim pursuant to subsection (5).
5. That local financial support shall be annually available and will be paid to the Economic Development Trust Fund.
(d) The agreement must contain the following legend, clearly printed on its face in bold type of not less than 10 points:
"This agreement is neither a general obligation of the State of Florida, nor is it backed by the full faith and credit of the State of Florida. Payment of tax refunds are conditioned on and subject to specific annual appropriations by the Florida Legislature of funds sufficient to pay amounts authorized in 4s. 288.104, Florida Statutes."
(5) ANNUAL CLAIM FOR REFUND FROM A QUALIFIED DEFENSE CONTRACTOR.--
(6) ADMINISTRATION.--
(7) EXPIRATION.--An applicant may not be certified as qualified under this section after June 30, 1999.
1Note.--Section 20.17, which created the Department of Commerce, was repealed effective December 31, 1996, by s. 3, ch. 96-320.
2Note.--Secretary of Commerce. Section 20.17, which created the Department of Commerce, was repealed effective December 31, 1996, by s. 3, ch. 96-320.
3Note.--Division of Economic Development of the Department of Commerce. Section 20.17, which created the Department of Commerce, was repealed effective December 31, 1996, by s. 3, ch. 96-320.
4Note.--Repealed by s. 8, ch. 96-348.
History.--s. 1, ch. 96-348; s. 10, ch. 97-79; s. 30, ch. 97-99; s. 17, ch. 97-278.