Bill Text: FL S1646 | 2016 | Regular Session | Comm Sub
Bill Title: Economic Development
Spectrum: Bipartisan Bill
Status: (Failed) 2016-03-11 - Died in Appropriations [S1646 Detail]
Download: Florida-2016-S1646-Comm_Sub.html
Florida Senate - 2016 CS for SB 1646 By the Committee on Commerce and Tourism; and Senator Latvala 577-02554A-16 20161646c1 1 A bill to be entitled 2 An act relating to economic development; amending s. 3 20.60, F.S.; requiring the Department of Economic 4 Opportunity to contract with a direct-support 5 organization to promote the sports industry and the 6 participation of residents in certain athletic 7 competitions in this state and to promote the state as 8 a host for certain athletic competitions; amending s. 9 196.012, F.S.; conforming provisions to changes made 10 by the act; amending s. 212.20, F.S.; deleting an 11 obsolete provision; amending s. 220.191, F.S.; 12 revising the definition of the term “cumulative 13 capital investment”; deleting an obsolete provision; 14 conforming a cross-reference; amending s. 220.196, 15 F.S.; conforming a cross-reference; amending s. 16 288.0001, F.S.; conforming cross-references; requiring 17 the Office of Economic and Demographic Research and 18 the Office of Program Policy Analysis and Government 19 Accountability to provide a detailed analysis of the 20 retention of Major League Baseball spring training 21 baseball franchises; amending s. 288.005, F.S.; 22 defining the term “average private sector wage in the 23 area”; revising the definition of the term “economic 24 benefits”; amending s. 288.061, F.S.; requiring the 25 Office of Economic and Demographic Research to include 26 certain guidelines for the calculation of economic 27 benefits; providing requirements for an amended 28 definition by the office; prohibiting the department 29 from attributing to a business certain investments for 30 specified purposes; requiring the department to 31 consider certain investments for specified purposes; 32 providing requirements for the contract or agreement; 33 prohibiting the department from entering into an 34 agreement or a contract that has a term of longer than 35 10 years; authorizing the department to enter into a 36 successive agreement or contract for a specified 37 project under certain circumstances; providing 38 applicability; requiring the department to provide 39 specified notice to the Legislature upon the final 40 execution of each contract or agreement; amending s. 41 288.076, F.S.; revising definitions; conforming cross 42 references; providing requirements for information 43 that the department is required to publish on a 44 certain website; amending s. 288.095, F.S.; conforming 45 provisions to changes made by the act; amending s. 46 288.1045, F.S.; deleting the definition of the term 47 “average wage in the area”; authorizing a business to 48 receive an approved refund if the business fails to 49 submit certain documentation under certain 50 circumstances; extending an expiration date; 51 conforming provisions to changes made by the act; 52 amending s. 288.106, F.S.; deleting the definition of 53 the term “average private sector wage in the area”; 54 making technical changes; providing that certain 55 incentive payments are not repayment of actual taxes 56 paid; providing that actual taxes paid limit the 57 amount of incentive payments a business may receive; 58 amending s. 288.108, F.S.; revising definitions; 59 amending s. 288.1088, F.S.; renaming the Quick Action 60 Closing Fund as the Florida Enterprise Fund; revising 61 the requirements for projects eligible for receipt of 62 funds from the fund; requiring local financial 63 support; defining a term; requiring a certain waiver 64 request to be transmitted in writing to the department 65 with an explanation of the specific justification for 66 the request; requiring a decision to be stated in 67 writing with an explanation of the reason for 68 approving the request if the department approves the 69 request; requiring the department to issue a letter to 70 an applicant in certain circumstances; prohibiting the 71 payment of moneys from the fund to a business until 72 the scheduled goals have been achieved; conforming 73 provisions to changes made by the act; amending s. 74 288.1089, F.S.; deleting the definition of the term 75 “average private sector wage”; conforming provisions 76 to changes made by the act; amending s. 288.11621, 77 F.S.; conforming a provision to changes made by the 78 act; amending s. 288.11625, F.S.; conforming cross 79 references; deleting an obsolete provision relating to 80 applications for state funds by new facilities or 81 projects commenced before July 1, 2014; amending s. 82 288.11631, F.S.; conforming cross-references; 83 repealing s. 288.1169, F.S., relating to state agency 84 funding of the International Game Fish Association 85 World Center facility; reviving, reenacting, and 86 amending s. 288.1229, F.S., relating to the promotion 87 and development of sports-related industries and 88 amateur athletics; requiring the department to create 89 a direct-support organization to assist the department 90 in certain promotion and development; naming the 91 direct support organization the Florida Sports 92 Foundation; specifying the purpose of the foundation; 93 specifying requirements for the foundation, including 94 appointment of a governing board; requiring that the 95 foundation operate under written contract with the 96 department; specifying provisions that must be 97 included in the contract; providing that the 98 department may allow the foundation to use certain 99 facilities, personnel, and services if it complies 100 with certain provisions; requiring an annual financial 101 audit of the foundation; specifying duties of the 102 foundation; deleting residency requirements for 103 participants of the Sunshine State Games and Florida 104 Senior Games; deleting certain competition 105 requirements; conforming provisions to changes made by 106 the act; amending s. 288.125, F.S.; revising the 107 applicability of the term “entertainment industry”; 108 renumbering and amending s. 288.1251, F.S.; renaming 109 the Office of Film and Entertainment within the 110 department as the Division of Film and Entertainment 111 within Enterprise Florida, Inc.; requiring the 112 division to serve as a liaison between the 113 entertainment industry and other agencies, 114 commissions, and organizations; requiring the 115 president of Enterprise Florida, Inc., to appoint the 116 film and entertainment commissioner within a specified 117 period of time; revising the requirements of the 118 division’s strategic plan; renumbering and amending s. 119 288.1252, F.S.; revising the powers and duties of the 120 Florida Film and Entertainment Advisory Council; 121 revising council membership; conforming provisions to 122 changes made by the act; renumbering and amending s. 123 288.1253, F.S.; prohibiting the division and its 124 employees and representatives from accepting specified 125 accommodations, goods, or services from specified 126 parties; providing that a person who accepts any such 127 goods or services is subject to specified penalties; 128 conforming provisions to changes made by the act; 129 amending s. 288.1254, F.S.; revising the date of 130 repeal; prohibiting, rather than authorizing, an award 131 of credits after April 1, 2016; requiring the 132 Department of Revenue to deny certain credits received 133 on or after April 1, 2016; creating s. 288.1256, F.S.; 134 creating the Entertainment Action Fund within the 135 Department of Economic Opportunity; defining terms; 136 authorizing a production company to apply for funds 137 from the Entertainment Action Fund in certain 138 circumstances; requiring the division to review and 139 evaluate applications to determine the eligibility of 140 each project; requiring the division to select 141 projects that maximize the return to the state; 142 requiring certain criteria to be considered by the 143 division; requiring a production company to have 144 financing for a project before it applies for action 145 funds; requiring the department to prescribe a form 146 for an application with specified information; 147 requiring that the division and the department make a 148 recommendation to the Governor to approve or deny an 149 award within a specified timeframe after the 150 completion of the review and evaluation; providing 151 that an award of funds may not constitute more than a 152 specified percentage of qualified expenditures in this 153 state; prohibiting the use of such funds to pay wages 154 to nonresidents; requiring a production to start 155 within a specified period after it is approved by the 156 Governor; requiring that the recommendation include 157 performance conditions that the project must meet to 158 obtain funds; authorizing the Governor to approve a 159 project without consulting the Legislature under 160 certain circumstances; requiring the Governor to 161 provide a written description and evaluation of a 162 project before giving final approval of the project 163 under certain circumstances; requiring the department 164 and the production company to enter into a specified 165 agreement after approval by the Governor; requiring 166 that the agreement be finalized and signed by an 167 authorized officer of the production company within a 168 specified period after approval by the Governor; 169 prohibiting an approved production company from 170 simultaneously receiving specified benefits for the 171 same production; requiring that the department 172 validate contractor performance and report such 173 validation in the annual report; prohibiting the 174 department from approving awards in excess of the 175 amount appropriated for a fiscal year; requiring the 176 department to maintain a schedule of funds; 177 prohibiting the department or division from accepting 178 applications or conditionally committing funds under 179 certain circumstances; providing that a production 180 company that submits fraudulent information is liable 181 for reimbursement of specified costs; providing a 182 penalty; prohibiting the department or division from 183 waiving any provision or providing an extension of 184 time to meet specified requirements; providing an 185 expiration date; amending s. 288.1258, F.S.; 186 conforming provisions to changes made by the act; 187 prohibiting an approved production company from 188 simultaneously receiving benefits under specified 189 provisions for the same production; requiring the 190 department to develop a standardized application form 191 in cooperation with the division and other agencies; 192 requiring the production company to submit aggregate 193 data on specified topics; authorizing a production 194 company to renew its certificate of exemption for a 195 specified period; amending ss. 288.901 and 288.9015, 196 F.S.; conforming provisions to changes made by the 197 act; amending s. 288.907 , F.S.; requiring reporting 198 on the number of jobs that provide health benefits to 199 employees; amending s. 288.92, F.S.; revising the 200 required divisions within Enterprise Florida, Inc.; 201 amending s. 288.980, F.S.; authorizing grant awards 202 for activities that grow the economy of a defense 203 dependent community; making technical changes; 204 amending s. 320.08058, F.S.; conforming provisions to 205 changes made by the act; amending uses of the proceeds 206 of the Florida Professional Sports Team license plate; 207 amending s. 477.0135, F.S.; conforming provisions to 208 changes made by the act; providing effective dates. 209 210 Be It Enacted by the Legislature of the State of Florida: 211 212 Section 1. Effective July 1, 2016, paragraph (g) is added 213 to subsection (4) of section 20.60, Florida Statutes, to read: 214 20.60 Department of Economic Opportunity; creation; powers 215 and duties.— 216 (4) The purpose of the department is to assist the Governor 217 in working with the Legislature, state agencies, business 218 leaders, and economic development professionals to formulate and 219 implement coherent and consistent policies and strategies 220 designed to promote economic opportunities for all Floridians. 221 To accomplish such purposes, the department shall: 222 (g) Notwithstanding part I of chapter 287, contract with 223 the direct-support organization created under s. 288.1229 to 224 guide, stimulate, and promote the sports industry in this state, 225 to promote the participation of residents of this state in 226 amateur athletic competition, and to promote this state as a 227 host for national and international amateur athletic 228 competitions. 229 Section 2. Paragraph (a) of subsection (14) of section 230 196.012, Florida Statutes, is amended to read: 231 196.012 Definitions.—For the purpose of this chapter, the 232 following terms are defined as follows, except where the context 233 clearly indicates otherwise: 234 (14) “New business” means: 235 (a)1. A business or organization establishing 10 or more 236 new jobs to employ 10 or more full-time employees in this state 237 which pays, payingan average wage for such new jobs whichthat238 is above the average wage in the area and, whichprincipally 239 engages in any one or more of the following operations: 240 a. Manufactures, processes, compounds, fabricates, or 241 produces for sale items of tangible personal property at a fixed 242 location and which comprises an industrial or manufacturing 243 plant; or 244 b. Is a target industry business as defined in s. 245 288.106(2)s. 288.106(2)(q); 246 2. A business or organization establishing 25 or more new 247 jobs to employ 25 or more full-time employees in this state, the 248 sales factor of which, as defined by s. 220.15(5), for the 249 facility with respect to which it requests an economic 250 development ad valorem tax exemption is less than 0.50 for each 251 year the exemption is claimed; or 252 3. An office space in this state owned and used by a 253 business or organization newly domiciled in this state if;254providedsuch office space houses 50 or more full-time employees 255 of such business or organization and; provided that such256business or organization officefirst begins operation on a site 257 clearly separate from any other commercial or industrial 258 operation owned by the same business or organization. 259 Section 3. Paragraph (d) of subsection (6) of section 260 212.20, Florida Statutes, is amended to read: 261 212.20 Funds collected, disposition; additional powers of 262 department; operational expense; refund of taxes adjudicated 263 unconstitutionally collected.— 264 (6) Distribution of all proceeds under this chapter and ss. 265 202.18(1)(b) and (2)(b) and 203.01(1)(a)3. is as follows: 266 (d) The proceeds of all other taxes and fees imposed 267 pursuant to this chapter or remitted pursuant to s. 202.18(1)(b) 268 and (2)(b) shall be distributed as follows: 269 1. In any fiscal year, the greater of $500 million, minus 270 an amount equal to 4.6 percent of the proceeds of the taxes 271 collected pursuant to chapter 201, or 5.2 percent of all other 272 taxes and fees imposed pursuant to this chapter or remitted 273 pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in 274 monthly installments into the General Revenue Fund. 275 2. After the distribution under subparagraph 1., 8.9744 276 percent of the amount remitted by a sales tax dealer located 277 within a participating county pursuant to s. 218.61 shall be 278 transferred into the Local Government Half-cent Sales Tax 279 Clearing Trust Fund. Beginning July 1, 2003, the amount to be 280 transferred shall be reduced by 0.1 percent, and the department 281 shall distribute this amount to the Public Employees Relations 282 Commission Trust Fund less $5,000 each month, which shall be 283 added to the amount calculated in subparagraph 3. and 284 distributed accordingly. 285 3. After the distribution under subparagraphs 1. and 2., 286 0.0966 percent shall be transferred to the Local Government 287 Half-cent Sales Tax Clearing Trust Fund and distributed pursuant 288 to s. 218.65. 289 4. After the distributions under subparagraphs 1., 2., and 290 3., 2.0810 percent of the available proceeds shall be 291 transferred monthly to the Revenue Sharing Trust Fund for 292 Counties pursuant to s. 218.215. 293 5. After the distributions under subparagraphs 1., 2., and 294 3., 1.3653 percent of the available proceeds shall be 295 transferred monthly to the Revenue Sharing Trust Fund for 296 Municipalities pursuant to s. 218.215. If the total revenue to 297 be distributed pursuant to this subparagraph is at least as 298 great as the amount due from the Revenue Sharing Trust Fund for 299 Municipalities and the former Municipal Financial Assistance 300 Trust Fund in state fiscal year 1999-2000, no municipality shall 301 receive less than the amount due from the Revenue Sharing Trust 302 Fund for Municipalities and the former Municipal Financial 303 Assistance Trust Fund in state fiscal year 1999-2000. If the 304 total proceeds to be distributed are less than the amount 305 received in combination from the Revenue Sharing Trust Fund for 306 Municipalities and the former Municipal Financial Assistance 307 Trust Fund in state fiscal year 1999-2000, each municipality 308 shall receive an amount proportionate to the amount it was due 309 in state fiscal year 1999-2000. 310 6. Of the remaining proceeds: 311 a. In each fiscal year, the sum of $29,915,500 shall be 312 divided into as many equal parts as there are counties in the 313 state, and one part shall be distributed to each county. The 314 distribution among the several counties must begin each fiscal 315 year on or before January 5th and continue monthly for a total 316 of 4 months. If a local or special law required that any moneys 317 accruing to a county in fiscal year 1999-2000 under the then 318 existing provisions of s. 550.135 be paid directly to the 319 district school board, special district, or a municipal 320 government, such payment must continue until the local or 321 special law is amended or repealed. The state covenants with 322 holders of bonds or other instruments of indebtedness issued by 323 local governments, special districts, or district school boards 324 before July 1, 2000, that it is not the intent of this 325 subparagraph to adversely affect the rights of those holders or 326 relieve local governments, special districts, or district school 327 boards of the duty to meet their obligations as a result of 328 previous pledges or assignments or trusts entered into which 329 obligated funds received from the distribution to county 330 governments under then-existing s. 550.135. This distribution 331 specifically is in lieu of funds distributed under s. 550.135 332 before July 1, 2000. 333 b. The department shall distribute $166,667 monthly to each 334 applicant certified as a facility for a new or retained 335 professional sports franchise pursuant to s. 288.1162. Up to 336 $41,667 shall be distributed monthly by the department to each 337 certified applicant as defined in s. 288.11621 for a facility 338 for a spring training franchise. However, not more than $416,670 339 may be distributed monthly in the aggregate to all certified 340 applicants for facilities for spring training franchises. 341 Distributions begin 60 days after such certification and 342 continue for not more than 30 years, except as otherwise 343 provided in s. 288.11621. A certified applicant identified in 344 this sub-subparagraph may not receive more in distributions than 345 expended by the applicant for the public purposes provided in s. 346 288.1162(5) or s. 288.11621(3). 347 c. Beginning 30 days after notice by the Department of 348 Economic Opportunity to the Department of Revenue that an 349 applicant has been certified as the professional golf hall of 350 fame pursuant to s. 288.1168 and is open to the public, $166,667 351 shall be distributed monthly, for up to 300 months, to the 352 applicant. 353d.Beginning 30 days after notice by the Department of354Economic Opportunity to the Department of Revenue that the355applicant has been certified as the International Game Fish356Association World Center facility pursuant to s. 288.1169, and357the facility is open to the public, $83,333 shall be distributed358monthly, for up to 168 months, to the applicant. This359distribution is subject to reduction pursuant to s. 288.1169. A360lump sum payment of $999,996 shall be made after certification361and before July 1, 2000.362 d.e.The department shall distribute up to $83,333 monthly 363 to each certified applicant as defined in s. 288.11631 for a 364 facility used by a single spring training franchise, or up to 365 $166,667 monthly to each certified applicant as defined in s. 366 288.11631 for a facility used by more than one spring training 367 franchise. Monthly distributions begin 60 days after such 368 certification or July 1, 2016, whichever is later, and continue 369 for not more than 20 years to each certified applicant as 370 defined in s. 288.11631 for a facility used by a single spring 371 training franchise or not more than 25 years to each certified 372 applicant as defined in s. 288.11631 for a facility used by more 373 than one spring training franchise. A certified applicant 374 identified in this sub-subparagraph may not receive more in 375 distributions than expended by the applicant for the public 376 purposes provided in s. 288.11631(3). 377 e.f.Beginning 45 days after notice by the Department of 378 Economic Opportunity to the Department of Revenue that an 379 applicant has been approved by the Legislature and certified by 380 the Department of Economic Opportunity under s. 288.11625 or 381 upon a date specified by the Department of Economic Opportunity 382 as provided under s. 288.11625(6)(d), the department shall 383 distribute each month an amount equal to one-twelfth of the 384 annual distribution amount certified by the Department of 385 Economic Opportunity for the applicant. The department may not 386 distribute more than $7 million in the 2014-2015 fiscal year or 387 more than $13 million annually thereafter under this sub 388 subparagraph. 389 f.g.Beginning December 1, 2015, and ending June 30, 2016, 390 the department shall distribute $26,286 monthly to the State 391 Transportation Trust Fund. Beginning July 1, 2016, the 392 department shall distribute $15,333 monthly to the State 393 Transportation Trust Fund. 394 7. All other proceeds must remain in the General Revenue 395 Fund. 396 Section 4. Paragraphs (b) and (g) of subsection (1) of 397 section 220.191, Florida Statutes, are amended to read: 398 220.191 Capital investment tax credit.— 399 (1) DEFINITIONS.—For purposes of this section: 400 (b) “Cumulative capital investment” means the total capital 401 investment in land, buildings, and equipment made by, or on 402 behalf of, the qualifying business in connection with a 403 qualifying project during the period from the beginning of 404 construction of the project to the commencement of operations. 405 The term does not include funds granted to or spent on behalf of 406 the qualifying business by the state, a local government, or 407 other governmental entity; funds appropriated in the General 408 Appropriations Act; or funds otherwise provided to the 409 qualifying business by a state agency, local government, or 410 other governmental entity. 411 (g) “Qualifying project” means a facility in this state 412 meeting one or more of the following criteria: 413 1. A new or expanding facility in this state which creates 414 at least 100 new jobs in this state and is in one of the high 415 impact sectors identified by Enterprise Florida, Inc., and 416 certified by the Department of Economic Opportunity pursuant to 417 s. 288.108(6), including, but not limited to, aviation, 418 aerospace, automotive, and silicon technology industries. 419However, between July 1, 2011, and June 30, 2014, the420requirement that a facility be in a high-impact sector is waived421for any otherwise eligible business from another state which422locates all or a portion of its business to a Disproportionally423Affected County. For purposes of this section, the term424“Disproportionally Affected County” means Bay County, Escambia425County, Franklin County, Gulf County, Okaloosa County, Santa426Rosa County, Walton County, or Wakulla County.427 2. A new or expanded facility in this state which is 428 engaged in a target industry designated pursuant to the 429 procedure specified in s. 288.106(2) and which is induced by 430 this credit to create or retain at least 1,000 jobs in this 431 state, provided that at least 100 of those jobs are new, pay an 432 annual average wage of at least 130 percent of the average 433 private sector wage in the area as defined in s. 288.005(1)s.434288.106(2), and make a cumulative capital investment of at least 435 $100 million. Jobs may be considered retained only if there is 436 significant evidence that the loss of jobs is imminent. 437 Notwithstanding subsection (2), annual credits against the tax 438 imposed by this chapter may not exceed 50 percent of the 439 increased annual corporate income tax liability or the premium 440 tax liability generated by or arising out of a project 441 qualifying under this subparagraph. A facility that qualifies 442 under this subparagraph for an annual credit against the tax 443 imposed by this chapter may take the tax credit for a period not 444 to exceed 5 years. 445 3. A new or expanded headquarters facility in this state 446 which locates in an enterprise zone and brownfield area and is 447 induced by this credit to create at least 1,500 jobs which on 448 average pay at least 200 percent of the statewide average annual 449 private sector wage, as published by the Department of Economic 450 Opportunity, and which new or expanded headquarters facility 451 makes a cumulative capital investment in this state of at least 452 $250 million. 453 Section 5. Paragraph (a) of subsection (2) of section 454 220.196, Florida Statutes, is amended to read: 455 220.196 Research and development tax credit.— 456 (2) TAX CREDIT.— 457 (a) As provided in this section, a business enterprise is 458 eligible for a credit against the tax imposed by this chapter if 459 it: 460 1. Has qualified research expenses in this state in the 461 taxable year exceeding the base amount; 462 2. Claims and is allowed a research credit for such 463 qualified research expenses under 26 U.S.C. s. 41 for the same 464 taxable year as subparagraph 1.; and 465 3. Is a qualified target industry business as defined in s. 466 288.106(2)s. 288.106(2)(n). Only qualified target industry 467 businesses in the manufacturing, life sciences, information 468 technology, aviation and aerospace, homeland security and 469 defense, cloud information technology, marine sciences, 470 materials science, and nanotechnology industries may qualify for 471 a tax credit under this section. A business applying for a 472 credit pursuant to this section shall include a letter from the 473 Department of Economic Opportunity certifying whether the 474 business meets the requirements of this subparagraph with its 475 application for credit. The Department of Economic Opportunity 476 shall provide such a letter upon receiving a request. 477 Section 6. Paragraphs (a), (b), and (e) of subsection (2) 478 of section 288.0001, Florida Statutes, are amended to read: 479 288.0001 Economic Development Programs Evaluation.—The 480 Office of Economic and Demographic Research and the Office of 481 Program Policy Analysis and Government Accountability (OPPAGA) 482 shall develop and present to the Governor, the President of the 483 Senate, the Speaker of the House of Representatives, and the 484 chairs of the legislative appropriations committees the Economic 485 Development Programs Evaluation. 486 (2) The Office of Economic and Demographic Research and 487 OPPAGA shall provide a detailed analysis of economic development 488 programs as provided in the following schedule: 489 (a) By January 1, 2014, and every 3 years thereafter, an 490 analysis of the following: 491 1. The capital investment tax credit established under s. 492 220.191. 493 2. The qualified target industry tax refund established 494 under s. 288.106. 495 3. The brownfield redevelopment bonus refund established 496 under s. 288.107. 497 4. High-impact business performance grants established 498 under s. 288.108. 499 5. The Florida EnterpriseQuick Action ClosingFund 500 established under s. 288.1088. 501 6. The Innovation Incentive Program established under s. 502 288.1089. 503 7. Enterprise Zone Program incentives established under ss. 504 212.08(5) and (15), 212.096, 220.181, and 220.182. 505 8. The New Markets Development Program established under 506 ss. 288.991-288.9922. 507 (b) By January 1, 2015, and every 3 years thereafter, an 508 analysis of the following: 509 1. The entertainment industry financial incentive program 510 established under s. 288.1254. 511 2. The entertainment industry sales tax exemption program 512 established under s. 288.1258. 513 3. The Florida Tourism Industry Marketing CorporationVISIT514Floridaand its programs established or funded under ss. 515 288.122, 288.1226, 288.12265, and 288.124. 516 4. The Florida Sports Foundation and related programs 517 established under ss. 288.1162, 288.11621, 288.1166, 288.1167, 518 288.1168,288.1169,and 288.1171. 519 (e) Beginning January 1, 2018, and every 3 years 520 thereafter, an analysis of the Sports Development Program 521 established under s. 288.11625 and the retention of Major League 522 Baseball spring training baseball franchises under s. 288.11631. 523 Section 7. Present subsection (1) of section 288.005, 524 Florida Statutes, is amended, and present subsections (3) 525 through (6) of that section are redesignated as subsections (4) 526 through (7), respectively, and a new subsection (1) is added to 527 that section, to read: 528 288.005 Definitions.—As used in this chapter, the term: 529 (1) “Average private sector wage in the area” means the 530 statewide average wage in the private sector or the average of 531 all private sector wages in the county or in the standard 532 metropolitan area in which the project is located, as determined 533 by the department. 534 (3)(1)“Economic benefits” means the direct, indirect, and 535 induced gains in state revenues as a percentage of the state’s 536 investment. The state’s investment includes all state funds 537 spent or foregone to benefit a business, including state funds 538 appropriated to public and private entities, state grants, tax 539 exemptions, tax refunds, tax credits, and other state 540 incentives. 541 Section 8. Subsections (2) and (3) of section 288.061, 542 Florida Statutes, are amended to read: 543 288.061 Economic development incentive application 544 process.— 545 (2)(a)Beginning July 1, 2013,The department shall review 546 and evaluate each economic development incentive application for 547 the economic benefits of the proposed award of state incentives 548 proposed for the project. 549 (b) As used in this subsection, the term “economic 550 benefits” has the same meaning as in s. 288.005. The Office of 551 Economic and Demographic Research shall establish the 552 methodology and model used to calculate the economic benefits, 553 including guidelines for the appropriate application of the 554 department’s internal model. For purposes of this requirement, 555 an amended definition of the term “economic benefits” may be 556 developed by the Office of Economic and Demographic Research. 557 However, the amended definition must reflect the requirement of 558 s. 288.005 that the calculation of the state’s investment 559 include all state funds spent or foregone to benefit the 560 business, including state funds appropriated to public and 561 private entities, to the extent that those funds should 562 reasonably be known to the department at the time of approval. 563 (c) For the purpose of calculating the economic benefits of 564 the proposed award of state incentives for the project, the 565 department may not attribute to the business any capital 566 investment made by the business using state funds. However, for 567 the purpose of evaluating an economic development incentive 568 application, the department shall consider the cumulative 569 capital investment, as defined in s. 220.191. 570 (3) Within 10 business days after the department receives a 571 completethe submittedeconomic development incentive 572 application, the executive director shall approve or disapprove 573 the application and issue a letter of certification to the 574 applicant which includes a justification of that decision, 575 unless the business requests an extension ofthattime. 576 (a) Thecontract oragreement or contract with the 577 applicant must specify the total amount of the award, the 578 performance conditions that must be met to obtain the award, the 579 schedule for payment, and sanctions that would apply for failure 580 to meet performance conditions. Any agreement or contract that 581 requires the business to make a capital investment must also 582 require that such investment remain in this state for the 583 duration of the agreement or contract, with the exception of an 584 investment made in transportation-related assets specifically 585 used for the purpose of transporting goods or employees. The 586 department may enter into one agreement or contract covering all 587 of the state incentives that are being provided to the 588 applicant. The agreement or contract must provide that release 589 of funds is contingent upon sufficient appropriation of funds by 590 the Legislature. 591 (b) The department may not enter into an agreement or a 592 contract that has a term of more than 10 years. However, the 593 department may enter into a successive agreement or contract for 594 a specific project to extend the initial 10-year term if each 595 successive agreement or contract is contingent upon the 596 successful completion of the previous agreement or contract. 597 This paragraph does not apply to an agreement or a contract for 598 a project receiving a capital investment tax credit under s. 599 220.191 or an Innovation Incentive Program award under s. 600 288.1089. 601 (c) The department shall provide a notice, including an 602 updated description and evaluation, to the Legislature upon the 603 final execution of each contract or agreement. Any contract or 604 agreement executed by the department for a project under s. 605 288.108, s. 288.1088, or s. 288.1089 must embody performance 606 criteria and timelines that were in the written description and 607 evaluation submitted to the Legislature. 608 (d)(b)The release of funds for the incentive or incentives 609 awarded to the applicant depends upon the statutory requirements 610 of the particular incentive program. 611 Section 9. Paragraphs (a), (c), and (e) of subsection (1), 612 paragraph (e) of subsection (3), and subsection (6) of section 613 288.076, Florida Statutes, are amended to read: 614 288.076 Return on investment reporting for economic 615 development programs.— 616 (1) As used in this section, the term: 617 (a) “Jobs” has the same meaning as provided in s. 618 288.106(2)s. 288.106(2)(i). 619 (c) “Project” has the same meaning as provided in s. 620 288.106(2)s. 288.106(2)(m). 621 (e) “State investment” means all state funds spent or 622 foregone to benefit a business, including state funds 623 appropriated to public and private entities,anystate grants, 624 tax exemptions, tax refunds, tax credits, and any other source 625 of state funds which should reasonably be known to the 626 department at the time of approvalor other state incentives627provided to a business under a program administered by the628department, including the capital investment tax credit under s. 629 220.191. 630 (3) Within 48 hours after expiration of the period of 631 confidentiality for project information deemed confidential and 632 exempt pursuant to s. 288.075, the department shall publish the 633 following information pertaining to each project: 634 (e) Project performance goals.— 635 1. The incremental direct jobs attributable to the project, 636 identifying the number of jobs generated and the number of jobs 637 retained. 638 2. The number of jobs generated and the number of jobs 639 retained by the project, and for projects commencing after 640 October 1, 2013, the average annual wage of persons holding such 641 jobs and the number of jobs generated and the number of jobs 642 retained which provide health benefits for the employee. 643 3. The incremental direct capital investment in the state 644 generated by the project. 645 (6) Annually, the department shall publish information 646 relating to the progress of Florida EnterpriseQuick Action647ClosingFund projects, including the average number of days 648 between the date the department receives a completed application 649 and the date on which the application is approved. 650 Section 10. Subsection (2) and paragraph (c) of subsection 651 (3) of section 288.095, Florida Statutes, are amended to read: 652 288.095 Economic Development Trust Fund.— 653 (2) There is created, within the Economic Development Trust 654 Fund, the Economic Development Incentives Account. The Economic 655 Development Incentives Account consists of moneys appropriated 656 to the account for purposes of the tax incentives programs 657 authorized under ss. 288.1045 and 288.106, and local financial 658 support provided under ss. 288.1045,and288.106, and 288.1088. 659 Moneys in the Economic Development Incentives Account shall be 660 subject to the provisions of s. 216.301(1)(a). 661 (3) 662 (c) Moneys in the Economic Development Incentives Account 663 may be used only to pay tax refunds and make other payments 664 authorized under s. 288.1045, s. 288.106, or s. 288.107 and 665 payments authorized under s. 288.1088. 666 Section 11. Paragraph (b) of subsection (1) and paragraph 667 (e) of subsection (3) of section 288.1045, Florida Statutes, are 668 amended, paragraph (i) is added to subsection (5) of that 669 section, and subsection (7) of that section is amended, to read: 670 288.1045 Qualified defense contractor and space flight 671 business tax refund program.— 672 (1) DEFINITIONS.—As used in this section: 673(b) “Average wage in the area” means the average of all674wages and salaries in the state, the county, or in the standard675metropolitan area in which the business unit is located.676 (3) APPLICATION PROCESS; REQUIREMENTS; AGENCY 677 DETERMINATION.— 678 (e) To qualify for review by the department, the 679 application of an applicant must, at a minimum, establish the 680 following to the satisfaction of the department: 681 1. The jobs proposed to be provided under the application, 682 pursuant to subparagraph (b)6., subparagraph (c)6., or 683 subparagraph (j)6., must pay an estimated annual average wage 684 equaling at least 115 percent of the average private sector wage 685 in the area where the project is to be located. 686 2. The consolidation of a Department of Defense contract 687 must result in a net increase of at least 25 percent in the 688 number of jobs at the applicant’s facilities in this state or 689 the addition of at least 80 jobs at the applicant’s facilities 690 in this state. 691 3. The conversion of defense production jobs to nondefense 692 production jobs must result in net increases in nondefense 693 employment at the applicant’s facilities in this state. 694 4. The Department of Defense contract or the space flight 695 business contract does notcannotallow the business to include 696 the costs of relocation or retooling in its base as allowable 697 costs under a cost-plus, or similar, contract. 698 5. A business unit of the applicant must have derived not 699 less than 60 percent of its gross receipts in this state from 700 Department of Defense contracts or space flight business 701 contracts over the applicant’s last fiscal year, and must have 702 derived not less than an average of 60 percent of its gross 703 receipts in this state from Department of Defense contracts or 704 space flight business contracts over the 5 years preceding the 705 date an application is submitted pursuant to this section. This 706 subparagraph does not apply to any application for certification 707 based on a contract for reuse of a defense-related facility. 708 6. The reuse of a defense-related facility willmustresult 709 in the creation of at least 100 jobs at such facility. 710 7. A new space flight business contract or the 711 consolidation of a space flight business contract willmust712 result in net increases in space flight business employment at 713 the applicant’s facilities in this state. 714 (5) ANNUAL CLAIM FOR REFUND.— 715 (i) If a business fails to timely submit documentation 716 requested by the department as required in the agreement between 717 the business and the department and such failure results in the 718 department withholding an otherwise approved refund, the 719 business may receive the approved refund if: 720 1. The business submits the documentation to the 721 department. 722 2. The business provides a written statement to the 723 department detailing the extenuating circumstances that resulted 724 in the failure to timely submit the documentation required by 725 the agreement. 726 3. Funds appropriated under this section remain available. 727 4. The business was scheduled under the terms of the 728 agreement to submit information to the department between 729 January 1, 2014, and December 31, 2014. 730 5. The business has met all other requirements of the 731 agreement. 732 (7) EXPIRATION.—An applicant may not be certified as 733 qualified under this section after June 30, 20182014. A tax 734 refund agreement existing on that date shall continue in effect 735 in accordance with its terms. 736 Section 12. Paragraph (c) of subsection (2) and paragraph 737 (b) of subsection (4) of section 288.106, Florida Statutes, are 738 amended, present subsection is redesignated as subsection 739 (10), and a new subsection is added to that section, to read: 740 288.106 Tax refund program for qualified target industry 741 businesses.— 742 (2) DEFINITIONS.—As used in this section: 743(c)“Average private sector wage in the area” means the744statewide private sector average wage or the average of all745private sector wages and salaries in the county or in the746standard metropolitan area in which the business is located.747 (4) APPLICATION AND APPROVAL PROCESS.— 748 (b) To qualify for review by the department, the 749 application of a target industry business must, at a minimum, 750 establish the following to the satisfaction of the department: 751 1.a. The jobs proposed to be created under the application, 752 pursuant to subparagraph (a)4., must pay an estimated annual 753 average wage equaling at least 115 percent of the average 754 private sector wage in the area where the business is to be 755 locatedor the statewide private sector average wage. The 756 governing board of the local governmental entity providing the 757 local financial support of the jurisdiction where the qualified 758 target industry business is to be located shall notify the 759 department and Enterprise Florida, Inc., which calculation of 760 the average private sector wage in the area must be used as the 761 basis for the business’s wage commitment. In determining the 762 average annual wage, the department shall include only new 763 proposed jobs, and wages for existing jobs shall be excluded 764 from this calculation. 765 b. The department may waive the average wage requirement at 766 the request of the local governing body recommending the project 767 and Enterprise Florida, Inc. The department may waive the wage 768 requirement for a project located in a brownfield area 769 designated under s. 376.80, in a rural city, in a rural 770 community, in an enterprise zone, or for a manufacturing project 771 at any location in the state if the jobs proposed to be created 772 pay an estimated annual average wage equaling at least 100 773 percent of the average private sector wage in the area where the 774 business is to be located, only if the merits of the individual 775 project or the specific circumstances in the community in 776 relationship to the project warrant such action. If the local 777 governing body and Enterprise Florida, Inc., make such a 778 recommendation, it must be transmitted in writing and must 779 include an explanation of, andthe specific justification for 780 the waiver recommendationmust beexplained. If the department 781 elects to waive the wage requirement, the waiver must be stated 782 in writing and must include an explanation of, andthe reasons 783 for granting the waivermust beexplained. 784 2. The target industry business’s project must result in 785 the creation of at least 10 jobs at the project and, in the case 786 of an expansion of an existing business, must result in a net 787 increase in employment of at least 10 percent at the business. 788 At the request of the local governing body recommending the 789 project and Enterprise Florida, Inc., the department may waive 790 this requirement for a business in a rural community or 791 enterprise zone if the merits of the individual project or the 792 specific circumstances in the community in relationship to the 793 project warrant such action. If the local governing body and 794 Enterprise Florida, Inc., make such a request, the request must 795 be transmitted in writing and must include an explanation of,796andthe specific justification for the requestmust be797explained. If the department elects to grant the request, the 798 grant must be stated in writing,and explain why the request was 799 grantedthe reason for granting the requestmust beexplained. 800 3. The business activity or product for the applicant’s 801 project must be within an industry identified by the department 802 as a target industry business that contributes to the economic 803 growth of the state and the area in which the business is 804 located, that produces a higher standard of living for residents 805 of this state in the new global economy, or that can be shown to 806 make an equivalent contribution to the area’s and state’s 807 economic progress. 808 (9) INCENTIVE PAYMENTS.—The incentive payments made to a 809 business pursuant to this section are not repayments of the 810 actual taxes paid to the state or to a local government by the 811 business. The amount of state and local government taxes paid by 812 a business serve as a limitation on the amount of incentive 813 payments a business may receive. 814 Section 13. Paragraph (b) of subsection (2) of section 815 288.108, Florida Statutes, is amended to read: 816 288.108 High-impact business.— 817 (2) DEFINITIONS.—As used in this section, the term: 818 (b) “Cumulative investment” means the total investment in 819 buildings and equipment made by a qualified high-impact business 820 since the beginning of construction of such facility. The term 821 does not include funds granted to or spent on behalf of the 822 qualifying business by the state, a local government, or other 823 governmental entity; funds appropriated in the General 824 Appropriations Act; or funds otherwise provided to the 825 qualifying business by a state agency, local government, or 826 other governmental entity. 827 Section 14. Section 288.1088, Florida Statutes, are amended 828 to read: 829 288.1088 Florida EnterpriseQuick Action ClosingFund.— 830 (1)(a) The Legislature finds that attracting, retaining, 831 and providing favorable conditions for the growth of certain 832 high-impact business facilities, privately developed critical 833 rural infrastructure, or key facilities in economically 834 distressed urban or rural communities which provide widespread 835 economic benefits to the public through high-quality employment 836 opportunities in such facilities or in related facilities 837 attracted to the state, through the increased tax base provided 838 by the high-impact facility and related businesses, through an 839 enhanced entrepreneurial climate in the state and the resulting 840 business and employment opportunities, and through the 841 stimulation and enhancement of the state’s universities and 842 community colleges. In the global economy, there exists serious 843 and fierce international competition for these facilities, and 844 in most instances, when all available resources for economic 845 development have been used, the state continues to encounter 846 severe competitive disadvantages in vying for these business 847 facilities. Florida’s rural areas must provide a competitive 848 environment for business in the information age. This often 849 requires an incentive to make it feasible for private investors 850 to provide infrastructure in those areas. 851 (b) The Legislature finds that the conclusion of the space 852 shuttle program and the gap in civil human space flight will 853 result in significant job losses that will negatively impact 854 families, companies, the state and regional economies, and the 855 capability level of this state’s aerospace workforce. Thus, the 856 Legislature also finds that this loss of jobs is a matter of 857 state interest and great public importance. The Legislature 858 further finds that it is in the state’s interest for provisions 859 to be made in incentive programs for economic development to 860 maximize the state’s ability to mitigate these impacts and to 861 develop a more diverse aerospace economy. 862 (c) The Legislature therefore declares that sufficient 863 resources shall be available to respond to extraordinary 864 economic opportunities and to compete effectively for these 865 high-impact business facilities, critical private infrastructure 866 in rural areas, and key businesses in economically distressed 867 urban or rural communities, and that up to 20 percent of these 868 resources may be used for projects to retain or create high 869 technology jobs that are directly associated with developing a 870 more diverse aerospace economy in this state. 871 (2) There is created within the department the Florida 872 EnterpriseQuick Action ClosingFund. Except as provided in 873 subsection (3), projects eligible for receipt of funds from the 874 Florida EnterpriseQuick Action ClosingFund mustshall: 875 (a) Be in an industry as referenced in s. 288.106. 876 (b) Have a positive economic benefit ratio of at least 3 to 877 15 to 1. 878 (c) Be an inducement to the project’s location or expansion 879 in the state. 880 (d) Pay an average annual wage of at least 125 percent of 881 the averageareawide or statewideprivate sectoraveragewage in 882 the area. 883 (e) Be supported by the local community in which the 884 project is to be located. Support must include a resolution 885 adopted by the governing board of the county or municipality in 886 which the project will be located, which resolution recommends 887 that the project be approved and specifies that the commitments 888 of local financial support necessary for the business exist. 889 Before the passage of such resolution, the department may also 890 accept an official letter from an authorized local economic 891 development agency that endorses the proposed project and 892 pledges that sources of local financial support for such project 893 exist. For the purposes of making pledges of local financial 894 support under this paragraph, the authorized local economic 895 development agency shall be officially designated by the passage 896 of a one-time resolution by the local governing board. For 897 purposes of this section, the term “local financial support” 898 means funding from local sources, public or private, which is 899 paid to the Economic Development Trust Fund and which is equal 900 to 20 percent of the Florida Enterprise Fund award to a 901 business. 902 1. A business may not provide, directly or indirectly, more 903 than 5 percent of such funding in any fiscal year. The sources 904 of such funding may not include, directly or indirectly, state 905 funds appropriated from the General Revenue Fund or any state 906 trust fund, excluding tax revenues shared with local governments 907 pursuant to law. 908 2. A business may not receive more than 80 percent of its 909 total award under this section from state funds. 910 (f) Create at least 10 new jobs. 911 (3)(a) The department and Enterprise Florida, Inc., shall 912 jointly review applications pursuant to s. 288.061 and determine 913 the eligibility of each project consistent with the criteria in 914 subsection (2). 915 (b) If the local governing body and Enterprise Florida, 916 Inc., decide to request a waiver of the criteria in subsection 917 (2), the request must be transmitted in writing to the 918 department with an explanation of the specific justification for 919 the request. If the department approves the request, the 920 decision must be stated in writing with an explanation of the 921 reason for approving the request. A waiver of the criteria in 922 subsection (2)thesecriteriamay be considered forunderthe 923 following reasonscriteria: 924 1. Based on extraordinary circumstances; 925 2. In order to mitigate the impact of the conclusion of the 926 space shuttle program; or 927 3. In rural areas of opportunity if the project would 928 significantly benefit the local or regional economy. 929 (4)(b)The department shall evaluate individual proposals 930 for high-impact business facilities. Such evaluation must 931 include, but need not be limited to: 932 (a)1.A description of the type of facility or 933 infrastructure, its operations, and the associated product or 934 service associated with the facility. 935 (b)2.The number of full-time-equivalent jobs that will be 936 created by the facility and the total estimated average annual 937 wages of those jobs or, in the case of privately developed rural 938 infrastructure, the types of business activities and jobs 939 stimulated by the investment. 940 (c)3.The cumulative amount of investment to be dedicated 941 to the facility within a specified period. 942 (d)4.A statement of any special impacts the facility is 943 expected to stimulate in a particular business sector in the 944 state or regional economy or in the state’s universities and 945 community colleges. 946 (e)5.A statement of the role the incentive is expected to 947 play in the decision of the applicant business to locate or 948 expand in this state or for the private investor to provide 949 critical rural infrastructure. 950 (f)6.A report evaluating the quality and value of the 951 company submitting a proposal. The report must include: 952 1.a.A financial analysis of the company, including an 953 evaluation of the company’s short-term liquidity ratio as 954 measured by its assets to liabilitiesliability, the company’s 955 profitability ratio, and the company’s long-term solvency as 956 measured by its debt-to-equity ratio; 957 2.b.The historical market performance of the company; 958 3.c.A review of any independent evaluations of the 959 company; 960 4.d.A review of the latest audit of the company’s 961 financial statement and the related auditor’s management letter; 962 and 963 5.e.A review of any other types of audits that are related 964 to the internal and management controls of the company. 965 (g) The amount of local financial support for the project. 966 (5)(c)1.Within 7 business days after evaluating a project, 967 the department shall recommend to the Governor approval or 968 disapproval of theaproject for receipt of funds from the 969 Florida EnterpriseQuick Action ClosingFund. In recommending a 970 project, the department shall include proposed performance 971 conditions that the project must meet to obtain incentive funds. 972 (a)2.The Governor may approve projects without consulting 973 the Legislature for projects requiring less than $2 million in 974 funding. 975 (b)3.For projects requiring funding in the amount of $2 976 million to $5 million, the Governor shall provide a written 977 description and evaluation of a project recommended for approval 978 to the chair and vice chair of the Legislative Budget Commission 979 at least 10 days beforeprior togiving final approval for thea980 project. The recommendation must include proposed performance 981 conditions that the project must meet in order to obtain funds. 982 (c)4.If the chair or vice chair of the Legislative Budget 983 Commission or the President of the Senate or the Speaker of the 984 House of Representatives timely advises the Executive Office of 985 the Governor, in writing, that such action or proposed action 986 exceeds the delegated authority of the Executive Office of the 987 Governor or is contrary to legislative policy or intent, the 988 Executive Office of the Governor shall void the release of funds 989 and instruct the department to immediately change such action or 990 proposed action until the Legislative Budget Commission or the 991 Legislature addresses the issue. Notwithstanding such 992 requirement, any project exceeding $5 million must be approved 993 by the Legislative Budget Commission beforeprior tothe funds 994 arebeingreleased. 995 (6)(d)Upon the approval of the Governor, the department 996 shall issue a letter certifying the applicant as qualified for 997 an award. The department and the business shall enter into a 998 contract that sets forth the performance conditions for payment 999 of moneys from the fund. Such payment may not be made to the 1000 business until the scheduled performance conditions have been 1001 met. The contract must include the total amount of funds 1002 awarded; the performance conditions that must be met to obtain 1003 the award, including, but not limited to, net new employment in 1004 the state, average salary, and total capital investment; 1005 demonstrate a baseline of current service and a measure of 1006 enhanced capability; the methodology for validating performance; 1007 the schedule of payments from the fund; the amount of local 1008 financial support that will be annually available and that will 1009 be paid into the Economic Development Trust Fund; and sanctions 1010 for failure to meet performance conditions. The contract must 1011 provide that payment of moneys from the fund is contingent upon 1012 sufficient appropriation of funds by the Legislature. The 1013 department may not enter into a contract with a business if the 1014 local financial support resolution is not passed by the local 1015 governing body within 90 days after the department has issued 1016 the letter of certification. 1017 (7)(e)The department shall validate contractor performance 1018 and report such validation in the annual incentives report 1019 required under s. 288.907. 1020 (8)(a)(4)Funds appropriated by the Legislature for 1021 purposes of implementing this section shall be placed in reserve 1022 and may only be released pursuant to the legislative 1023 consultation and review requirements set forth in this section. 1024 (b) A scheduled payment from the fund may not be approved 1025 for a business unless the required local financial support has 1026 been paid into the account for that project. Funding from local 1027 sources includes any tax abatement granted to that business 1028 under s. 196.1995 or the appraised market value of municipal or 1029 county land conveyed or provided at a discount to that business. 1030 The amount of any scheduled payment from the fund to such 1031 business approved under this section must be reduced by the 1032 amount of any such tax abatement granted or the value of the 1033 land granted. A report listing all sources of the local 1034 financial support shall be provided to the department when such 1035 support is paid to the account. 1036 Section 15. Paragraph (b) of subsection (2), paragraphs (a) 1037 and (d) of subsection (4), and paragraph (b) of subsection (8) 1038 of section 288.1089, Florida Statutes, are amended to read: 1039 288.1089 Innovation Incentive Program.— 1040 (2) As used in this section, the term: 1041(b) “Average private sector wage” means the statewide1042average wage in the private sector or the average of all private1043sector wages in the county or in the standard metropolitan area1044in which the project is located as determined by the department.1045 (4) To qualify for review by the department, the applicant 1046 must, at a minimum, establish the following to the satisfaction 1047 of the department: 1048 (a) The jobs created by the project must pay an estimated 1049 annual average wage equaling at least 130 percent of the average 1050 private sector wage in the area. The department may waive this 1051 average wage requirement at the request of Enterprise Florida, 1052 Inc., for a project located in a rural area, a brownfield area, 1053 or an enterprise zone, when the merits of the individual project 1054 or the specific circumstances in the community in relationship 1055 to the project warrant such action. A recommendation for waiver 1056 by Enterprise Florida, Inc., must include a specific 1057 justification for the waiver and be transmitted to the 1058 department in writing. If the department elects to waive the 1059 wage requirement, the waiver must be stated in writing and 1060 explain the reasons for granting the waivermust beexplained. 1061 (d) For an alternative and renewable energy project in this 1062 state, the project must: 1063 1. Demonstrate a plan for significant collaboration with an 1064 institution of higher education; 1065 2. Provide the state, at a minimum, a cumulative break-even 1066 economic benefit within a 20-year period; 1067 3. Include matching funds provided by the applicant or 1068 other available sources. The match requirement may be reduced or 1069 waived in rural areas of opportunity or reduced in rural areas, 1070 brownfield areas, and enterprise zones; 1071 4. Be located in this state; and 1072 5. Provide at least 35 direct, new jobs that pay an 1073 estimated annual average wage that equals at least 130 percent 1074 of the average private sector wage in the area. 1075 (8) 1076 (b) Additionally, agreementssigned on or after July 1,10772009,must include the following provisions: 1078 1. Notwithstanding subsection (4), a requirement that the 1079 jobs created by the recipient of the incentive funds pay an 1080 annual average wage at least equal to the relevant industry’s 1081 annual average wage or at least 130 percent of the average 1082 private sector wage in the area, whichever is greater. 1083 2. A reinvestment requirement. Each recipient of an award 1084 shall reinvest up to 15 percent of net royalty revenues, 1085 including revenues from spin-off companies and the revenues from 1086 the sale of stock it receives from the licensing or transfer of 1087 inventions, methods, processes, and other patentable discoveries 1088 conceived or reduced to practice using its facilities in Florida 1089 or its Florida-based employees, in whole or in part, and to 1090 which the recipient of the grant becomes entitled during the 20 1091 years following the effective date of its agreement with the 1092 department. Each recipient of an award also shall reinvest up to 1093 15 percent of the gross revenues it receives from naming 1094 opportunities associated with any facility it builds in this 1095 state. Reinvestment payments shall commence no later than 6 1096 months after the recipient of the grant has received the final 1097 disbursement under the contract and shall continue until the 1098 maximum reinvestment, as specified in the contract, has been 1099 paid. Reinvestment payments shall be remitted to the department 1100 for deposit in the Biomedical Research Trust Fund for companies 1101 specializing in biomedicine or life sciences, or in the Economic 1102 Development Trust Fund for companies specializing in fields 1103 other than biomedicine or the life sciences. If these trust 1104 funds no longer exist at the time of the reinvestment, the 1105 state’s share of reinvestment shall be deposited in their 1106 successor trust funds as determined by law. Each recipient of an 1107 award shall annually submit a schedule of the shares of stock 1108 held by it as payment of the royalty required by this paragraph 1109 and report on any trades or activity concerning such stock. Each 1110 recipient’s reinvestment obligations survive the expiration or 1111 termination of its agreement with the state. 1112 3. Requirements for the establishment of internship 1113 programs or other learning opportunities for educators and 1114 secondary, postsecondary, graduate, and doctoral students. 1115 4. A requirement that the recipient submit quarterly 1116 reports and annual reports related to activities and performance 1117 to the department, according to standardized reporting periods. 1118 5. A requirement for an annual accounting to the department 1119 of the expenditure of funds disbursed under this section. 1120 6. A process for amending the agreement. 1121 Section 16. Effective July 1, 2016, subsection (7) of 1122 section 288.11621, Florida Statutes, is amended to read: 1123 288.11621 Spring training baseball franchises.— 1124 (7) STRATEGIC PLANNING.—The department shall request 1125 assistance from the Florida Sports FoundationEnterprise1126Florida, Inc.,and the Florida Grapefruit League Association to 1127 develop a comprehensive strategic plan to: 1128 (a) Finance spring training facilities. 1129 (b) Monitor and oversee the use of state funds awarded to 1130 applicants. 1131 (c) Identify the financial impact that spring training has 1132 on the state and ways in which to maintain or improve that 1133 impact. 1134 (d) Identify opportunities to develop public-private 1135 partnerships to engage in marketing activities and advertise 1136 spring training baseball. 1137 (e) Identify efforts made by other states to maintain or 1138 develop partnerships with baseball spring training teams. 1139 (f) Develop recommendations for the Legislature to sustain 1140 or improve this state’s spring training tradition. 1141 Section 17. Subsections (1) and (3), paragraph (a) of 1142 subsection (5), paragraph (e) of subsection (7), and subsections 1143 (11) through (14) of section 288.11625, Florida Statutes, are 1144 amended to read: 1145 288.11625 Sports development.— 1146 (1) ADMINISTRATION.—The department shall serve as the state 1147 agency responsible for screening applicants for state funding 1148 under s. 212.20(6)(d)6.e.s. 212.20(6)(d)6.f.1149 (3) PURPOSE.—The purpose of this section is to provide 1150 applicants state funding under s. 212.20(6)(d)6.e.s.1151212.20(6)(d)6.f.for the public purpose of constructing, 1152 reconstructing, renovating, or improving a facility. 1153 (5) EVALUATION PROCESS.— 1154 (a) Before recommending an applicant to receive a state 1155 distribution under s. 212.20(6)(d)6.e.s. 212.20(6)(d)6.f., the 1156 department must verify that: 1157 1. The applicant or beneficiary is responsible for the 1158 construction, reconstruction, renovation, or improvement of a 1159 facility and obtained at least three bids for the project. 1160 2. If the applicant is not a unit of local government, a 1161 unit of local government holds title to the property on which 1162 the facility and project are, or will be, located. 1163 3. If the applicant is a unit of local government in whose 1164 jurisdiction the facility is, or will be, located, the unit of 1165 local government has an exclusive intent agreement to negotiate 1166 in this state with the beneficiary. 1167 4. A unit of local government in whose jurisdiction the 1168 facility is, or will be, located supports the application for 1169 state funds. Such support must be verified by the adoption of a 1170 resolution, after a public hearing, that the project serves a 1171 public purpose. 1172 5. The applicant or beneficiary has not previously 1173 defaulted or failed to meet any statutory requirements of a 1174 previous state-administered sports-related program under s. 1175 288.1162, s. 288.11621, s. 288.11631, or this section. 1176 Additionally, the applicant or beneficiary is not currently 1177 receiving state distributions under s. 212.20 for the facility 1178 that is the subject of the application, unless the applicant 1179 demonstrates that the franchise that applied for a distribution 1180 under s. 212.20 no longer plays at the facility that is the 1181 subject of the application. 1182 6. The applicant or beneficiary has sufficiently 1183 demonstrated a commitment to employ residents of this state, 1184 contract with Florida-based firms, and purchase locally 1185 available building materials to the greatest extent possible. 1186 7. If the applicant is a unit of local government, the 1187 applicant has a certified copy of a signed agreement with a 1188 beneficiary for the use of the facility. If the applicant is a 1189 beneficiary, the beneficiary must enter into an agreement with 1190 the department. The applicant’s or beneficiary’s agreement must 1191 also require the following: 1192 a. The beneficiary must reimburse the state for state funds 1193 that will be distributed if the beneficiary relocates or no 1194 longer occupies or uses the facility as the facility’s primary 1195 tenant before the agreement expires. Reimbursements must be sent 1196 to the Department of Revenue for deposit into the General 1197 Revenue Fund. 1198 b. The beneficiary must pay for signage or advertising 1199 within the facility. The signage or advertising must be placed 1200 in a prominent location as close to the field of play or 1201 competition as is practicable, must be displayed consistent with 1202 signage or advertising in the same location and of like value, 1203 and must feature Florida advertising approved by the Florida 1204 Tourism Industry Marketing Corporation. 1205 8. The project will commence within 12 months after 1206 receiving state funds or did not commence before January 1, 1207 2013. 1208 (7) CONTRACT.—An applicant approved by the Legislature and 1209 certified by the department must enter into a contract with the 1210 department which: 1211 (e) Requires the applicant to reimburse the state by 1212 electing to do one of the following: 1213 1. After all distributions have been made, reimburse at the 1214 end of the contract term any amount by which the total 1215 distributions made under s. 212.20(6)(d)6.e.s. 212.20(6)(d)6.f.1216 exceed actual new incremental state sales taxes generated by 1217 sales at the facility during the contract, plus a 5 percent 1218 penalty on that amount. 1219 2. After the applicant begins to submit the independent 1220 analysis under paragraph (c), reimburse each year any amount by 1221 which the previous year’s annual distribution exceeds 75 percent 1222 of the actual new incremental state sales taxes generated by 1223 sales at the facility. 1224 1225 Any reimbursement due to the state must be made within 90 days 1226 after the applicable distribution under this paragraph. If the 1227 applicant is unable or unwilling to reimburse the state for such 1228 amount, the department may place a lien on the applicant’s 1229 facility. If the applicant is a municipality or county, it may 1230 reimburse the state from its half-cent sales tax allocation, as 1231 provided in s. 218.64(3). Reimbursements must be sent to the 1232 Department of Revenue for deposit into the General Revenue Fund. 1233(11) APPLICATION RELATED TO NEW FACILITIES OR PROJECTS1234COMMENCED BEFORE JULY 1, 2014.—Notwithstanding paragraph (4)(e),1235the Legislative Budget Commission may approve an application for1236state funds by an applicant for a new facility or a project1237commenced between March 1, 2013, and July 1, 2014. Such an1238application may be submitted after May 1, 2014. The department1239must review the application and recommend approval to the1240Legislature or deny the application. The Legislative Budget1241Commission may approve applications on or after January 1, 2015.1242The department must certify the applicant within 45 days of1243approval by the Legislative Budget Commission. State funds may1244not be distributed until the department notifies the Department1245of Revenue that the applicant was approved by the Legislative1246Budget Commission and certified by the department. An applicant1247certified under this subsection is subject to the provisions and1248requirements of this section. An applicant that fails to meet1249the conditions of this subsection may reapply during future1250application periods.1251 (11)(12)REPAYMENT OF DISTRIBUTIONS.—An applicant that is 1252 certified under this section may be subject to repayment of 1253 distributions upon the occurrence of any of the following: 1254 (a) An applicant’s beneficiary has broken the terms of its 1255 agreement with the applicant and relocated from the facility or 1256 no longer occupies or uses the facility as the facility’s 1257 primary tenant. The beneficiary must reimburse the state for 1258 state funds that will be distributed, plus a 5 percent penalty 1259 on that amount, if the beneficiary relocates before the 1260 agreement expires. 1261 (b) A determination by the department that an applicant has 1262 submitted information or made a representation that is 1263 determined to be false, misleading, deceptive, or otherwise 1264 untrue. The applicant must reimburse the state for state funds 1265 that have been and will be distributed, plus a 5 percent penalty 1266 on that amount, if such determination is made. If the applicant 1267 is a municipality or county, it may reimburse the state from its 1268 half-cent sales tax allocation, as provided in s. 218.64(3). 1269 (c) Repayment of distributions must be sent to the 1270 Department of Revenue for deposit into the General Revenue Fund. 1271 (12)(13)HALTING OF PAYMENTS.—The applicant may request in 1272 writing at least 20 days before the next monthly distribution 1273 that the department halt future payments. The department shall 1274 immediately notify the Department of Revenue to halt future 1275 payments. 1276 (13)(14)RULEMAKING.—The department may adopt rules to 1277 implement this section. 1278 Section 18. Paragraph (c) of subsection (2) and paragraphs 1279 (a), (c), and (d) of subsection (3) of section 288.11631, 1280 Florida Statutes, are amended to read: 1281 288.11631 Retention of Major League Baseball spring 1282 training baseball franchises.— 1283 (2) CERTIFICATION PROCESS.— 1284 (c) Each applicant certified on or after July 1, 2013, 1285 shall enter into an agreement with the department which: 1286 1. Specifies the amount of the state incentive funding to 1287 be distributed. The amount of state incentive funding per 1288 certified applicant may not exceed $20 million. However, if a 1289 certified applicant’s facility is used by more than one spring 1290 training franchise, the maximum amount may not exceed $50 1291 million, and the Department of Revenue shall make distributions 1292 to the applicant pursuant to s. 212.20(6)(d)6.d.s.1293212.20(6)(d)6.e.1294 2. States the criteria that the certified applicant must 1295 meet in order to remain certified. These criteria must include a 1296 provision stating that the spring training franchise must 1297 reimburse the state for any funds received if the franchise does 1298 not comply with the terms of the contract. If bonds were issued 1299 to construct or renovate a facility for a spring training 1300 franchise, the required reimbursement must be equal to the total 1301 amount of state distributions expected to be paid from the date 1302 the franchise violates the agreement with the applicant through 1303 the final maturity of the bonds. 1304 3. States that the certified applicant is subject to 1305 decertification if the certified applicant fails to comply with 1306 this section or the agreement. 1307 4. States that the department may recover state incentive 1308 funds if the certified applicant is decertified. 1309 5. Specifies the information that the certified applicant 1310 must report to the department. 1311 6. Includes any provision deemed prudent by the department. 1312 (3) USE OF FUNDS.— 1313 (a) A certified applicant may use funds provided under s. 1314 212.20(6)(d)6.d.s. 212.20(6)(d)6.e.only to: 1315 1. Serve the public purpose of constructing or renovating a 1316 facility for a spring training franchise. 1317 2. Pay or pledge for the payment of debt service on, or to 1318 fund debt service reserve funds, arbitrage rebate obligations, 1319 or other amounts payable with respect thereto, bonds issued for 1320 the construction or renovation of such facility, or for the 1321 reimbursement of such costs or the refinancing of bonds issued 1322 for such purposes. 1323 (c) The Department of Revenue may not distribute funds 1324 under s. 212.20(6)(d)6.d.s. 212.20(6)(d)6.e.until July 1, 1325 2016. Further, the Department of Revenue may not distribute 1326 funds to an applicant certified on or after July 1, 2013, until 1327 it receives notice from the department that: 1328 1. The certified applicant has encumbered funds under 1329 either subparagraph (a)1. or subparagraph (a)2.; and 1330 2. If applicable, any existing agreement with a spring 1331 training franchise for the use of a facility has expired. 1332 (d)1. All certified applicants shall place unexpended state 1333 funds received pursuant to s. 212.20(6)(d)6.d.s.1334212.20(6)(d)6.e.in a trust fund or separate account for use 1335 only as authorized in this section. 1336 2. A certified applicant may request that the department 1337 notify the Department of Revenue to suspend further 1338 distributions of state funds made available under s. 1339 212.20(6)(d)6.d.s. 212.20(6)(d)6.e.for 12 months after 1340 expiration of an existing agreement with a spring training 1341 franchise to provide the certified applicant with an opportunity 1342 to enter into a new agreement with a spring training franchise, 1343 at which time the distributions shall resume. 1344 3. The expenditure of state funds distributed to an 1345 applicant certified after July 1, 2013, must begin within 48 1346 months after the initial receipt of the state funds. In 1347 addition, the construction or renovation of a spring training 1348 facility must be completed within 24 months after the project’s 1349 commencement. 1350 Section 19. Section 288.1169, Florida Statutes, is 1351 repealed. 1352 Section 20. Effective July 1, 2016, notwithstanding the 1353 repeal of section 288.1229, Florida Statutes, in s. 485, chapter 1354 2011-142, Laws of Florida, section 288.1229, Florida Statutes, 1355 is revived, reenacted, and amended to read: 1356 288.1229 Promotion and development of sports-related 1357 industries and amateur athletics; direct-support organization 1358 established; powers and duties.— 1359 (1) The Department of Economic Opportunity shall establish 1360 a direct-support organization known as the Florida Sports 1361 Foundation. The foundation shallTheOfficeofTourism, Trade,1362andEconomicDevelopmentmay authorize a direct-support1363organization toassist the departmentofficein: 1364 (a) The promotion and development of the sports industry 1365 and related industries for the purpose of improving the economic 1366 presence of these industries in Florida. 1367 (b) The promotion of amateur athletic participation for the 1368 citizens of Florida and the promotion of Florida as a host for 1369 national and international amateur athletic competitions for the 1370 purpose of encouraging and increasing the direct and ancillary 1371 economic benefits of amateur athletic events and competitions. 1372 (c) The retention of professional sports franchises, 1373 including the spring training operations of Major League 1374 Baseball. 1375 (2) The Florida Sports FoundationTo be authorized as a1376direct-support organization, an organizationmust: 1377 (a) Be incorporated as a corporation not for profit 1378 pursuant to chapter 617. 1379 (b)1. Be governed by a board of directors, which must 1380 consist of 20up to 15members appointed by the Governor, which 1381 include: 1382 a. Ten members representing Florida major league franchises 1383 of Major League Baseball, National Basketball Association, 1384 National Football League, Arena Football League, National Hockey 1385 League, and Major League Soccer teams domiciled in this state. 1386 b. A member representing Florida Sports Commissions. 1387 c. A member representing the boating and fishing industries 1388 in Florida. 1389 d. A member representing the golf industry in Florida. 1390 e. A member representing Major League Baseball spring 1391 training. 1392 f. A member representing the auto racing industry in 1393 Florida. 1394 g. Five members at-largeand up to 15 members appointed by1395the existing board of directors. In making at-large 1396 appointments, the governorboardmust consider a potential 1397 member’s background in community service and sports activism in, 1398 and financial support of, the sports industry, professional 1399 sports, or organized amateur athletics. Members must be 1400 residents of the state and highly knowledgeable about or active 1401 in professional or organized amateur sports. 1402 2. The board must contain representatives of all 1403 geographical regions of the state and must represent ethnic and 1404 gender diversity. The terms of office of the members shall be 4 1405 years. No member may serve more than two consecutive terms. The 1406 Governor may remove any member for cause and shall fill all 1407 vacancies that occur. 1408 (c) Have as its purpose, as stated in its articles of 1409 incorporation, to receive, hold, invest, and administer 1410 property; to raise funds and receive gifts; and to promote and 1411 develop the sports industry and related industries for the 1412 purpose of increasing the economic presence of these industries 1413 in Florida. 1414 (d) Have a prior determination by the departmentOffice of1415Tourism, Trade, and Economic Developmentthat the organization 1416 will benefit the departmentofficeand act in the best interests 1417 of the state as a direct-support organization to the department 1418office. 1419 (3) The Florida Sports Foundation shall operate under 1420 contract with the department. The department shall enter into a 1421 contract with the foundation by July 1, 2016. The contract must 1422 provideOffice of Tourism, Trade, and Economic Developmentshall1423contract with the organization and shall include in the contract1424 that: 1425 (a) The departmentofficemay review the foundation’s 1426organization’sarticles of incorporation. 1427 (b) The foundationorganizationshall submit an annual 1428 budget proposal to the departmentoffice, on a form provided by 1429 the departmentoffice, in accordance with departmentoffice1430 procedures for filing budget proposals based upon the 1431 recommendation of the departmentoffice. 1432 (c) Any funds that the foundationorganizationholds in 1433 trust will revert to the state upon the expiration or 1434 cancellation of the contract. 1435 (d) The foundationorganizationis subject to an annual 1436 financial and performance review by the departmentofficeto 1437 determine whether the foundationorganizationis complying with 1438 the terms of the contract and whether it is acting in a manner 1439 consistent with the goals of the departmentofficeand in the 1440 best interests of the state. 1441 (e) The fiscal year of the foundation beginsorganization1442will beginJuly 1 of each year and endsendJune 30 of the next 1443 ensuing year. 1444 (4) The departmentOffice of Tourism, Trade, and Economic1445Developmentmay allow the foundationorganizationto use the 1446 property, facilities, personnel, and services of the department 1447officeif the foundationorganizationprovides equal employment 1448 opportunities to all persons regardless of race, color, 1449 religion, sex, age, or national origin, subject to the approval 1450 of the executive director of the departmentoffice. 1451 (5) The foundationorganizationshall provide for an annual 1452 financial audit in accordance with s. 215.981. 1453 (6) The foundationorganizationis not granted any taxing 1454 power. 1455(7)In exercising the power provided in this section, the1456Office of Tourism, Trade, and Economic Development may authorize1457and contract with the direct-support organization existing on1458June 30, 1996, and authorized by the former Florida Department1459of Commerce to promote sports-related industries. An appointed1460member of the board of directors of such direct-support1461organization as of June 30, 1996, may serve the remainder of his1462or her unexpired term.1463 (7)(8)To promote amateur sports and physical fitness, the 1464 foundationdirect-support organizationshall: 1465 (a) Develop, foster, and coordinate services and programs 1466 for amateur sports for the people of Florida. 1467 (b) Sponsor amateur sports workshops, clinics, conferences, 1468 and other similar activities. 1469 (c) Give recognition to outstanding developments and 1470 achievements in, and contributions to, amateur sports. 1471 (d) Encourage, support, and assist local governments and 1472 communities in the development of or hosting of local amateur 1473 athletic events and competitions. 1474 (e) Promote Florida as a host for national and 1475 international amateur athletic competitions. 1476 (f) Developastatewide programsprogramof amateur 1477 athletic competition to be known as the “Florida Senior Games” 1478 and the “Sunshine State Games.” 1479 (g) Continue the successful amateur sports programs 1480 previously conducted by the Florida Governor’s Council on 1481 Physical Fitness and Amateur Sports created under former s. 1482 14.22. 1483 (h) Encourage and continue the use of volunteers in its 1484 amateur sports programs to the maximum extent possible. 1485 (i) Develop, foster, and coordinate services and programs 1486 designed to encourage the participation of Florida’s youth in 1487 Olympic sports activities and competitions. 1488 (j) Foster and coordinate services and programs designed to 1489 contribute to the physical fitness of the citizens of Florida. 1490 (8)(9)(a) The Sunshine State Games and Florida Senior Games 1491 shall both be patterned after the Summer Olympics with 1492 variations as necessitated by availability of facilities, 1493 equipment, and expertise. The games shall be designed to 1494 encourage the participation of athletes representing a broad 1495 range of age groups, skill levels, and Florida communities. 1496Participants shall be residents of this state. Regional1497competitions shall be held throughout the state, and the top1498qualifiers in each sport shall proceed to the final competitions1499to be held at a site in the state with the necessary facilities1500and equipment for conducting the competitions.1501 (b) The departmentExecutive Office of the Governoris 1502 authorized to permit the use of property, facilities, and 1503 personal services of or at any State University System facility 1504 or institution by the direct-support organization operating the 1505 Sunshine State Games and Florida Senior Games. For the purposes 1506 of this paragraph, personal services includes full-time or part 1507 time personnel as well as payroll processing. 1508 Section 21. Section 288.125, Florida Statutes, is amended 1509 to read: 1510 288.125 Definition of term “entertainment industry.”—For 1511 the purposes of ss. 288.1254, 288.1256, 288.1258, 288.913, 1512 288.914, and 288.915ss.288.1251-288.1258, the term 1513 “entertainment industry” means those persons or entities engaged 1514 in the operation of motion picture or television studios or 1515 recording studios; those persons or entities engaged in the 1516 preproduction, production, or postproduction of motion pictures, 1517 made-for-television movies, television programming, digital 1518 media projects, commercial advertising, music videos, or sound 1519 recordings; and those persons or entities providing products or 1520 services directly related to the preproduction, production, or 1521 postproduction of motion pictures, made-for-television movies, 1522 television programming, digital media projects, commercial 1523 advertising, music videos, or sound recordings, including, but 1524 not limited to, the broadcast industry. 1525 Section 22. Section 288.1251, Florida Statutes, is 1526 renumbered as section 288.913, Florida Statutes, and amended to 1527 read: 1528 288.913288.1251Promotion and development of entertainment 1529 industry; DivisionOfficeof Film and Entertainment; creation; 1530 purpose; powers and duties.— 1531 (1) CREATION.— 1532(a)The Division of Film and EntertainmentThereishereby1533 created within Enterprise Florida, Inc.,thedepartment the1534Office of Film and Entertainmentfor the purpose of developing, 1535 recruiting, marketing, promoting, and providing services to the 1536 state’s entertainment industry. The division shall serve as a 1537 liaison between the entertainment industry and other state and 1538 local governmental agencies, local film commissions, and labor 1539 organizations. 1540 (2)(b)COMMISSIONER.—The president of Enterprise Florida, 1541 Inc., shall appoint the film and entertainment commissioner, who 1542 is subject to confirmation by the Senate, within 90 days after 1543 the effective date of this actdepartment shall conduct a1544national search for a qualified person to fill the position of1545Commissioner of Film and Entertainment when the position is1546vacant.The executive director of the department has the1547responsibility to hire the film commissioner. The commissioner 1548 is subject to the requirements of s. 288.901(1)(c). 1549 Qualifications for the film commissioner include, but are not 1550 limited to, the following: 1551 (a)1.At least 5 years’Aworking knowledge of and 1552 experience with the equipment, personnel, financial, and day-to 1553 day production operations of the industries to be served by the 1554 divisionOffice of Film and Entertainment; 1555 (b)2.Marketing and promotion experience related to the 1556 film and entertainment industries to be served; 1557 (c)3.Experience working with a variety of individuals 1558 representing large and small entertainment-related businesses, 1559 industry associations, local community entertainment industry 1560 liaisons, and labor organizations;and1561 (d)4.Experience working with a variety of state and local 1562 governmental agencies; and.1563 (e) A record of high-level involvement in production deals 1564 and contacts with industry decisionmakers. 1565 (3)(2)POWERS AND DUTIES.— 1566 (a) In the performance of its duties, the DivisionOffice1567 of Film and Entertainment, in performance of its duties,shall 1568 develop and periodically:15691. Inconsultation with the Florida Film and Entertainment1570Advisory Council,update a 5-yearthestrategic planevery 51571yearsto guide the activities of the divisionOffice of Film and1572Entertainmentin the areas of entertainment industry 1573 development, marketing, promotion, liaison services, field 1574 office administration, and information. The plan mustshall:1575a.be annual in construction and ongoing in nature. 1576 1. At a minimum, the plan must address the following: 1577 a.b.Include recommendations relating toThe organizational 1578 structure of the division, including any field offices outside 1579 the stateoffice. 1580 b. The coordination of the division with local or regional 1581 offices maintained by counties and regions of the state, local 1582 film commissions, and labor organizations, and the coordination 1583 of such entities with each other to facilitate a working 1584 relationship. 1585 c. Strategies to identify, solicit, and recruit 1586 entertainment production opportunities for the state, including 1587 implementation of programs for rural and urban areas designed to 1588 develop and promote the state’s entertainment industry. 1589 d.c.IncludeAn annual budget projection for the division 1590officefor each year of the plan. 1591d. Include an operational model for the office to use in1592implementing programs for rural and urban areas designed to:1593(I) develop and promote the state’s entertainment industry.1594(II) Have the office serve as a liaison between the1595entertainment industry and other state and local governmental1596agencies, local film commissions, and labor organizations.1597(III) Gather statistical information related to the state’s1598entertainment industry.1599 e.(IV)Provision ofProvideinformation and service to 1600 businesses, communities, organizations, and individuals engaged 1601 in entertainment industry activities. 1602(V) Administer field offices outside the state and1603coordinate with regional offices maintained by counties and1604regions of the state, as described in sub-sub-subparagraph (II),1605as necessary.1606 f.e.IncludePerformance standards and measurable outcomes 1607 for the programs to be implemented by the divisionoffice. 1608 2. The plan shall be annually reviewed and approved by the 1609 board of directors of Enterprise Florida, Inc. 1610f. Include an assessment of, and make recommendations on,1611the feasibility of creating an alternative public-private1612partnership for the purpose of contracting with such a1613partnership for the administration of the state’s entertainment1614industry promotion, development, marketing, and service1615programs.16162. Develop, market, and facilitate a working relationship1617between state agencies and local governments in cooperation with1618local film commission offices for out-of-state and indigenous1619entertainment industry production entities.16203. Implement a structured methodology prescribed for1621coordinating activities of local offices with each other and the1622commissioner’s office.1623 (b) The division shall also: 1624 1.4.Represent the state’s indigenous entertainment 1625 industry to key decisionmakers within the national and 1626 international entertainment industry, and to state and local 1627 officials. 1628 2.5.Prepare an inventory and analysis of the state’s 1629 entertainment industry, including, but not limited to, 1630 information on crew, related businesses, support services, job 1631 creation, talent, and economic impact and coordinate with local 1632 offices to develop an information tool for common use. 1633 3.6.Identify, solicit, and recruit entertainment 1634 production opportunities for the state. 1635 4.7.Assist rural communities and other small communities 1636 in the state in developing the expertise and capacity necessary 1637 for such communities to develop, market, promote, and provide 1638 services to the state’s entertainment industry. 1639 (c)(b)The divisionOfficeof Film and Entertainment, in 1640 the performance of its duties, may: 1641 1. Conduct or contract for specific promotion and marketing 1642 functions, including, but not limited to, production of a 1643 statewide directory, production and maintenance of aan Internet1644 website, establishment and maintenance of a toll-free telephone 1645 number, organization of trade show participation, and 1646 appropriate cooperative marketing opportunities. 1647 2. Conduct its affairs, carry on its operations, establish 1648 offices, and exercise the powers granted by this act in any 1649 state, territory, district, or possession of the United States. 1650 3. Carry out any program of information, special events, or 1651 publicity designed to attract the entertainment industry to 1652 Florida. 1653 4. Develop relationships and leverage resources with other 1654 public and private organizations or groups in their efforts to 1655 publicize to the entertainment industry in this state, other 1656 states, and other countries the depth of Florida’s entertainment 1657 industry talent, crew, production companies, production 1658 equipment resources, related businesses, and support services, 1659 including the establishment of and expenditure for a program of 1660 cooperative advertising with these public and private 1661 organizations and groups in accordance with the provisions of 1662 chapter 120. 1663 5. Provide and arrange for reasonable and necessary 1664 promotional items and services for such persons as the division 1665officedeems proper in connection with the performance of the 1666 promotional and other duties of the divisionoffice. 1667 6. Prepare anannualeconomic impact analysis on 1668 entertainment industry-related activities in the state. 1669 7. Request or accept any grant, payment, or gift of funds 1670 or property made by this state, the United States, or any 1671 department or agency thereof, or by any individual, firm, 1672 corporation, municipality, county, or organization, forany or1673all ofthe purposes of the division’sOfficeof Film and1674Entertainment’s5-year strategic plan or thosepermitted1675 activities authorized byenumerated inthis paragraph. Such 1676 funds shall be deposited in a separate account with Enterprise 1677 Florida, Inc.,the Grants and Donations Trust Fund of the1678Executive Office of the Governorfor use by the divisionOffice1679of Film and Entertainmentin carrying out its responsibilities 1680 and dutiesas delineated in law. The divisionofficemay expend 1681 such funds in accordance with the terms and conditions of any 1682 such grant, payment, or gift in the pursuit of its 1683 administration or in support of fulfilling its duties and 1684 responsibilities. The divisionofficeshall separately account 1685 for the public funds and the private funds deposited into the 1686 accounttrust fund. 1687 Section 23. Section 288.1252, Florida Statutes, is 1688 renumbered as section 288.914, Florida Statutes, and amended to 1689 read: 1690 288.914288.1252Florida Film and Entertainment Advisory 1691 Council;creation;purpose; membership; powers and duties.— 1692(1) CREATION.—There is created within the department, for1693administrative purposes only, the Florida Film and Entertainment1694Advisory Council.1695 (1)(2)CREATION AND PURPOSE.—The Florida Film and 1696 Entertainment Advisory Council is createdpurpose of the Council1697isto serve as an advisory body to the Division of Film and 1698 Entertainment within Enterprise Florida, Inc., anddepartment1699and to the Office of Film and Entertainmentto providethese1700offices withindustry insight and expertise related to 1701 developing, marketing, and promoting, and providing service to1702 the state’s entertainment industry. 1703 (2)(3)MEMBERSHIP.— 1704 (a) The council shall consist of 1117members, 57to be 1705 appointed by the Governor, 35to be appointed by the President 1706 of the Senate, and 35to be appointed by the Speaker of the 1707 House of Representatives. 1708 (b) When making appointments to the council, the Governor, 1709 the President of the Senate, and the Speaker of the House of 1710 Representatives shall appoint persons who are residents of the 1711 state and who are highly knowledgeable of, active in, and 1712 recognized as leaders in Florida’s motion picture, television, 1713 video, sound recording, or other entertainment industries. These 1714 persons mustshallinclude, but need not be limited to, 1715 representatives of local film commissions, representatives of 1716 entertainment associations, a representative of the broadcast 1717 industry, representatives of labor organizations in the 1718 entertainment industry, and board chairs, presidents, chief 1719 executive officers, chief operating officers, or persons of 1720 comparable executive position or stature of leading or otherwise 1721 important entertainment industry businesses and offices. Council 1722 members mustshallbe appointed in such a manner as to equitably 1723 represent the broadest spectrum of the entertainment industry 1724 and geographic areas of the state. 1725 (c) Council members shall serve for 4-year terms. A council 1726 member serving as of July 1, 2016, may serve the remainder of 1727 his or her term, but upon the conclusion of the term or upon 1728 vacancy, the appointment must be made in accordance with this 1729 section. 1730 (d) Subsequent appointments shall be made by the official 1731 who appointed the council member whose expired term is to be 1732 filled. 1733 (e) In addition to the 1117appointed membersof the1734council, 1 representative from each of Enterprise Florida, Inc., 1735 CareerSource Florida, Inc., and VISIT Florida shall serve as ex 1736 officio, nonvoting members of the council. 1737 (f) Absence from three consecutive meetings shall result in 1738 automatic removal from the council. 1739 (g) A vacancy on the council shall be filled for the 1740 remainder of the unexpired term by the official who appointed 1741 the vacating member. 1742 (h) No more than one member of the council may be an 1743 employee of any one company, organization, or association. 1744 (i) Any member shall be eligible for reappointment but may 1745 not serve more than two consecutive terms. 1746 (3)(4)MEETINGS; ORGANIZATION.— 1747 (a) The council shall meet at leastno less frequently than1748 once each quarter of the calendar year, andbutmay meet more 1749 often as determined necessarysetby the council. 1750 (b) The council shall annually elect from its appointed 1751 membership one member to serve as chairof the counciland one 1752 member to serve as vice chair. The DivisionOfficeof Film and 1753 Entertainment shall provide staff assistance to the council, 1754 which mustshallinclude, but need not be limited to, keeping 1755 records of the proceedings of the council,and serving as 1756 custodian of all books, documents, and papers filed with the 1757 council. 1758 (c) A majority of the members of the council constitutes 1759shall constitutea quorum. 1760 (d) Members of the council shall serve without 1761 compensation, but areshall beentitled to reimbursement for per 1762 diem and travel expenses in accordance with s. 112.061 while in 1763 performance of their duties. 1764 (4)(5)POWERS AND DUTIES.—The Florida Film and 1765 Entertainment Advisory Council hasshall haveallthe power 1766powersnecessary or convenientto carry outand effectuate the1767purposes and provisions ofthis act, including, but not limited 1768 to, the power to: 1769 (a) Adopt bylaws for the governance of its affairs and the 1770 conduct of its business. 1771 (b) Advise the Divisionand consult with the Officeof Film 1772 and Entertainment on the content, development, and 1773 implementation of the division’s 5-year strategic planto guide1774the activities of the office. 1775 (c)Review the Commissioner of Film and Entertainment’s1776administration of the programs related to the strategic plan,1777andAdvise the Division of Film and Entertainmentcommissioner1778 on the division’s programs and any changes that might be made to 1779 better meet the strategic plan. 1780 (d) Consider and study the needs of the entertainment 1781 industry for the purpose of advising the Division of Film and 1782 Entertainmentfilm commissioner and the department. 1783 (e) Identifyand make recommendations onstateagencyand 1784 local government actions that may have an impact on the 1785 entertainment industry or that may appear to industry 1786 representatives asanofficial state or local actionsaction1787 affecting production in the state, and advise the Division of 1788 Film and Entertainment of such actions. 1789 (f) Consider all matters submitted to it by the Division of 1790 Film and Entertainmentfilm commissioner and the department. 1791(g) Advise and consult with the film commissioner and the1792department, at their request or upon its own initiative,1793regarding the promulgation, administration, and enforcement of1794all laws and rules relating to the entertainment industry.1795 (g)(h)Suggest policies and practicesfor the conduct of1796business by the Office of Film and Entertainment or by the1797departmentthat will improve interaction withinternal1798operations affectingthe entertainment industry and will enhance 1799 related statetheeconomic development initiativesofthe state1800for the industry. 1801(i) Appear on its own behalf before boards, commissions,1802departments, or other agencies of municipal, county, or state1803government, or the Federal Government.1804 Section 24. Section 288.1253, Florida Statutes, is 1805 renumbered as section 288.915, Florida Statutes, and amended to 1806 read: 1807 288.915288.1253Travel and entertainment expenses.— 1808 (1) As used in this section, the term “travel expenses” 1809 means the actual, necessary, and reasonable costs of 1810 transportation, meals, lodging, and incidental expenses normally 1811 incurred by an employee of the DivisionOfficeof Film and 1812 Entertainment within Enterprise Florida, Inc., aswhich costs1813aredefined and prescribed byrules adopted by thedepartment 1814 rule, subject to approval by the Chief Financial Officer. 1815 (2) Notwithstandingthe provisions ofs. 112.061, the 1816 department shall adopt rules by which the Division of Film and 1817 Entertainmentitmay make expenditures by reimbursement to:the 1818 Governor, the Lieutenant Governor, security staff of the 1819 Governor or Lieutenant Governor, the Commissioner of Film and 1820 Entertainment, or staff of the DivisionOfficeof Film and 1821 Entertainment for travel expenses or entertainment expenses 1822 incurred by such individuals solely and exclusively in 1823 connection with the performance of the statutory duties of the 1824 divisionOffice of Film and Entertainment. The rules are subject 1825 to approval by the Chief Financial Officer before adoption. The 1826 rules shall require the submission of paid receipts, or other 1827 proof of expenditure prescribed by the Chief Financial Officer, 1828 with any claim for reimbursement. 1829 (3) The DivisionOfficeof Film and Entertainment shall 1830 include in the annual report for the entertainment industry 1831financial incentiveprogram required under s. 288.1256(10)s.1832288.1254(10)a report of the division’soffice’sexpenditures 1833 for the previous fiscal year. The report must consist of a 1834 summary of all travel, entertainment, and incidental expenses 1835 incurred within the United States and all travel, entertainment, 1836 and incidental expenses incurred outside the United States, as 1837 well as a summary of all successful projects that developed from 1838 such travel. 1839 (4) The DivisionOfficeof Film and Entertainment and its 1840 employees and representatives, when authorized, may accept and 1841 use complimentary travel, accommodations, meeting space, meals, 1842 equipment, transportation, and any other goods or services 1843 necessary for or beneficial to the performance of the division’s 1844office’sduties and purposes, so long as such acceptance or use 1845 is not in conflict with part III of chapter 112. The department 1846 shall, by rule, develop internal controls to ensure that such 1847 goods or services accepted or used pursuant to this subsection 1848 are limited to those that will assist solely and exclusively in 1849 the furtherance of the division’soffice’sgoals and are in 1850 compliance with part III of chapter 112. Notwithstanding this 1851 subsection, the division and its employees and representatives 1852 may not accept any complimentary travel, accommodations, meeting 1853 space, meals, equipment, transportation, or other goods or 1854 services from an entity or a party, including an employee, a 1855 designee, or a representative of such entity or party, which has 1856 received, has applied to receive, or anticipates that it will 1857 receive through an application, funds under s. 288.1256. If the 1858 division or its employee or representative accepts such goods or 1859 services, the division or its employee or representative is 1860 subject to the penalties provided in s. 112.317. 1861 (5) AAnyclaim submitted under this section is not 1862 required to be sworn to before a notary public or other officer 1863 authorized to administer oaths, but aanyclaim authorized or 1864 required to be made under any provision of this section shall 1865 contain a statement that the expenses were actually incurred as 1866 necessary travel or entertainment expenses in the performance of 1867 official duties of the DivisionOfficeof Film and Entertainment 1868 and shall be verified by written declaration that it is true and 1869 correct as to every material matter. AAnyperson who willfully 1870 makes and subscribes to aanyclaim thatwhichhe or she does 1871 not believe to be true and correct as to every material matter 1872 or who willfully aids or assists in, procures, or counsels or 1873 advises with respect to, the preparation or presentation of a 1874 claim pursuant to this section whichthatis fraudulent or false 1875 as to any material matter, whether such falsity or fraud is with 1876 the knowledge or consent of the person authorized or required to 1877 present the claim, commits a misdemeanor of the second degree, 1878 punishable as provided in s. 775.082 or s. 775.083. Whoever 1879 receives a reimbursement by means of a false claim is civilly 1880 liable, in the amount of the overpayment, for the reimbursement 1881 of the public fund from which the claim was paid. 1882 Section 25. Paragraph (a) of subsection (5), paragraph (c) 1883 of subsection (9), and subsections (10) and (11) of section 1884 288.1254, Florida Statutes, are amended to read: 1885 288.1254 Entertainment industry financial incentive 1886 program.— 1887 (5) TRANSFER OF TAX CREDITS.— 1888 (a) Authorization.—Upon application tothe Office of Film1889and Entertainmentand approval by the department, a certified 1890 production company, or a partner or member that has received a 1891 distribution under paragraph (4)(g), may elect to transfer, in 1892 whole or in part, any unused credit amount granted under this 1893 section. An election to transfer any unused tax credit amount 1894 under chapter 212 or chapter 220 must be made no later than 5 1895 years after the date the credit is awarded, after which period 1896 the credit expires and may not be used. The department shall 1897 notify the Department of Revenue of the election and transfer. 1898 (9) AUDIT AUTHORITY; REVOCATION AND FORFEITURE OF TAX 1899 CREDITS; FRAUDULENT CLAIMS.— 1900 (c) Forfeiture of tax credits.—A determination by the 1901 Department of Revenue, as a result of an audit pursuant to 1902 paragraph (a) or from information received from the department 1903Office of Film and Entertainment, that an applicant received tax 1904 credits pursuant to this section to which the applicant was not 1905 entitled is grounds for forfeiture of previously claimed and 1906 received tax credits. The applicant is responsible for returning 1907 forfeited tax credits to the Department of Revenue, and such 1908 funds shall be paid into the General Revenue Fund of the state. 1909 Tax credits purchased in good faith are not subject to 1910 forfeiture unless the transferee submitted fraudulent 1911 information in the purchase or failed to meet the requirements 1912 in subsection (5). 1913 (10) ANNUAL REPORT.—Each November 1, the departmentOffice1914of Film and Entertainmentshall submit an annual report for the 1915 previous fiscal year to the Governor, the President of the 1916 Senate, and the Speaker of the House of Representatives which 1917 outlines the incentive program’s return on investment and 1918 economic benefits to the state. The report must also include an 1919 estimate of the full-time equivalent positions created by each 1920 production that received tax credits under this section and 1921 information relating to the distribution of productions 1922 receiving credits by geographic region and type of production. 1923 The report must also include the expenditures report required 1924 under s. 288.915(3)s. 288.1253(3)and the information 1925 describing the relationship between tax exemptions and 1926 incentives to industry growth required under s. 288.1258(5). 1927 (11) REPEAL.—This section is repealed April 1, 2016July 1,19282016, except that: 1929 (a) Tax credits certified under paragraph (3)(d) before 1930 April 1, 2016July 1, 2016, may not be awarded under paragraph 1931 (3)(f) on or after April 1, 2016, and the Department of Revenue 1932 shall deny any credit claimed on a tax return when that credit 1933 was awarded under paragraph (3)(f) on or after April 1, 2016 1934July 1, 2016, if the other requirements of this section are met. 1935 (b) Tax credits carried forward under paragraph (4)(e) 1936 remain valid for the period specified. 1937 (c) Subsections (5), (8), and (9) shall remain in effect 1938 until July 1, 2021. 1939 Section 26. Section 288.1256, Florida Statutes, is created 1940 to read: 1941 288.1256 Entertainment Action Fund.— 1942 (1) The Entertainment Action Fund is created within the 1943 department in order to respond to extraordinary opportunities 1944 and to compete effectively with other states to attract and 1945 retain production companies and to provide favorable conditions 1946 for the growth of the entertainment industry in this state. 1947 (2) As used in this section, the term: 1948 (a) “Division” means the Division of Film and Entertainment 1949 within Enterprise Florida, Inc. 1950 (b) “Principal photography” means the filming of major or 1951 significant components of a project which involve lead actors. 1952 (c) “Production” means a theatrical, direct-to-video, or 1953 direct-to-Internet motion picture; a made-for-television motion 1954 picture; visual effects or digital animation sequences produced 1955 in conjunction with a motion picture; a commercial; a music 1956 video; an industrial or educational film; an infomercial; a 1957 documentary film; a television pilot program; a presentation for 1958 a television pilot program; a television series, including, but 1959 not limited to, a drama, a reality show, a comedy, a soap opera, 1960 a telenovela, a game show, an awards show, or a miniseries 1961 production; a direct-to-Internet television series; or a digital 1962 media project by the entertainment industry. One season of a 1963 television series is considered one production. The term does 1964 not include a weather or market program; a sporting event or a 1965 sporting event broadcast; a gala; a production that solicits 1966 funds; a home shopping program; a political program; a political 1967 documentary; political advertising; a gambling-related project 1968 or production; a concert production; a local, a regional, or an 1969 Internet-distributed-only news show or current-events show; a 1970 sports news or a sports recap show; a pornographic production; 1971 or any production deemed obscene under chapter 847. A production 1972 may be produced on or by film, tape, or otherwise by means of a 1973 motion picture camera; an electronic camera or device; a tape 1974 device; a computer; any combination of the foregoing; or any 1975 other means, method, or device. 1976 (d) “Production company” means a corporation, limited 1977 liability company, partnership, or other legal entity engaged in 1978 one or more productions in this state. 1979 (e) “Production expenditures” means the costs of tangible 1980 and intangible property used for, and services performed 1981 primarily and customarily in, production, including 1982 preproduction and postproduction, but excluding costs for 1983 development, marketing, and distribution. The term includes, but 1984 is not limited to: 1985 1. Wages, salaries, or other compensation paid to legal 1986 residents of this state, including amounts paid through payroll 1987 service companies, for technical and production crews, 1988 directors, producers, and performers. 1989 2. Net expenditures for sound stages, backlots, production 1990 editing, digital effects, sound recordings, sets, and set 1991 construction. As used in this paragraph, the term “net 1992 expenditures” means the actual amount of money a project spent 1993 for equipment or other tangible personal property, after 1994 subtracting any consideration received for reselling or 1995 transferring the item after the production ends, if applicable. 1996 3. Net expenditures for rental equipment, including, but 1997 not limited to, cameras and grip or electrical equipment. 1998 4. Up to $300,000 of the costs of newly purchased computer 1999 software and hardware unique to the project, including servers, 2000 data processing, and visualization technologies, which are 2001 located in and used exclusively in this state for the production 2002 of digital media. 2003 5. Expenditures for meals, travel, and accommodations. 2004 (f) “Project” means a production in this state meeting the 2005 requirements of this section. The term does not include a 2006 production: 2007 1. In which less than 70 percent of the positions that make 2008 up its production cast and below-the-line production crew are 2009 filled by legal residents of this state, whose residency is 2010 demonstrated by a valid Florida driver license or other state 2011 issued identification confirming residency, or students enrolled 2012 full-time in an entertainment-related course of study at an 2013 institution of higher education in this state; or 2014 2. That contains obscene content as defined in s. 2015 847.001(10). 2016 (g) “Qualified expenditures” means production expenditures 2017 incurred in this state by a production company for: 2018 1. Goods purchased or leased from, or services, including, 2019 but not limited to, insurance costs and bonding, payroll 2020 services, and legal fees, which are provided by a vendor or 2021 supplier in this state which is registered with the Department 2022 of State or the Department of Revenue, has a physical location 2023 in this state, and employs one or more legal residents of this 2024 state. This does not include rebilled goods or services provided 2025 by an in-state company from out-of-state vendors or suppliers. 2026 If services provided by the vendor or supplier include personal 2027 services or labor, only personal services or labor provided by 2028 residents of this state, evidenced by the required documentation 2029 of residency in this state, qualify. 2030 2. Payments to legal residents of this state in the form of 2031 salary, wages, or other compensation up to a maximum of $400,000 2032 per resident. A completed declaration of residency in this state 2033 must accompany the documentation submitted to the department for 2034 reimbursement. 2035 2036 For a project involving an event, such as an awards show, the 2037 term does not include expenditures solely associated with the 2038 event itself and not directly required by the production. The 2039 term does not include expenditures incurred before the agreement 2040 is signed. The production company may not include in the 2041 calculation for qualified expenditures the original purchase 2042 price for equipment or other tangible property that is later 2043 sold or transferred by the production company for consideration. 2044 In such cases, the qualified expenditure is the net of the 2045 original purchase price minus the consideration received upon 2046 sale or transfer. 2047 (h) “Underutilized county” means a county in which less 2048 than $500,000 in qualified expenditures were made in the last 2 2049 fiscal years. 2050 (3) A production company may apply for funds from the 2051 Entertainment Action Fund for a production or successive seasons 2052 of a production. The division shall review and evaluate 2053 applications to determine the eligibility of each project 2054 consistent with the requirements of this section. The division 2055 shall leverage funds to select projects that maximize the return 2056 to the state. The division must accept applications for at least 2057 3 months, and shall provide public notice of the application 2058 period. The division may allow multiple, nonoverlapping 2059 application periods in a fiscal year subject to the availability 2060 of funds. The division shall review and evaluate applications 2061 timely received during the application period to identify any 2062 competitive projects to recommend for approval as provided in 2063 this section. The division may determine that no applications 2064 were submitted which meet the requirements of this section and 2065 maximize the return to the state. 2066 (4) The division, in its review and evaluation of 2067 applications, must consider the following criteria, which are 2068 listed in order of priority, with the highest priority given to 2069 paragraph (a): 2070 (a) The number of state residents who will be employed in 2071 full-time equivalent and part-time positions related to the 2072 project, the duration of such employment, and the average wages 2073 paid to such residents. Preference shall be given to a project 2074 that expects to pay higher than the statewide average wage. 2075 (b) The amount of qualified and nonqualified expenditures 2076 that will be made in this state. 2077 (c) Planned or executed contracts with production 2078 facilities or soundstages in this state and the percentage of 2079 principal photography or production activity that will occur at 2080 each location. 2081 (d) Planned preproduction and postproduction to occur in 2082 this state. 2083 (e) The amount of capital investment, especially fixed 2084 capital investment, to be made directly by the production 2085 company in this state related to the project and the amount of 2086 any other capital investment to be made in this state related to 2087 the project. 2088 (f) The duration of the project in this state. 2089 (g) The amount and duration of principal photography or 2090 production activity that will occur in an underutilized county. 2091 (h) The extent to which the production company will promote 2092 Florida, including the production of marketing materials 2093 promoting this state as a tourist destination or a film and 2094 entertainment production destination; placement of state agency 2095 logos in the production and credits; authorized use of 2096 production assets, characters, and themes by this state; 2097 promotional videos for this state included on optical disc 2098 formats; and other marketing integration. 2099 (i) The employment of students enrolled full-time in an 2100 entertainment-related course of study at an institution of 2101 higher education in this state or of graduates from such an 2102 institution within 12 months after graduation. 2103 (j) Plans to work with entertainment industry-related 2104 courses of study at an institution of higher education in this 2105 state. 2106 (k) Local support and any local financial commitment for 2107 the project. 2108 (l) The project is about this state or shows this state in 2109 a positive light. 2110 (m) A review of the production company’s past activities in 2111 this state or other states. 2112 (n) The length of time the production company has made 2113 productions in this state, the number of productions the 2114 production company has made in this state, and the production 2115 company’s overall commitment to this state. This includes a 2116 production company that is based in this state. 2117 (o) Expected contributions to this state’s economy, 2118 consistent with the state strategic economic development plan 2119 prepared by the department. 2120 (p) The expected effect of the award on the viability of 2121 the project and the probability that the project would be 2122 undertaken in this state if funds are granted to the production 2123 company. 2124 (5) A production company must have financing in place for a 2125 project before it applies for funds under this section. 2126 (6) The department shall prescribe a form upon which an 2127 application must be made to the division. At a minimum, the 2128 application must include: 2129 (a) The applicant’s federal employer identification number, 2130 reemployment assistance account number, and state sales tax 2131 registration number, as applicable. If such numbers are not 2132 available at the time of application, they must be submitted to 2133 the department in writing before the disbursement of any 2134 payments. 2135 (b) The signature of the applicant. 2136 (c) A detailed budget of planned qualified and nonqualified 2137 expenditures in this state. 2138 (d) The type and amount of capital investment that will be 2139 made in this state. 2140 (e) The locations in this state where the project will 2141 occur. 2142 (f) The anticipated commencement date and duration of the 2143 project. 2144 (g) The proposed number of state residents and nonstate 2145 residents who will be employed in full-time equivalent and part 2146 time positions related to the project and wages paid to such 2147 persons. 2148 (h) The total number of full-time equivalent employees 2149 employed by the production company in this state, if applicable. 2150 (i) Proof of financing for the project. 2151 (j) The amount of promotion of Florida which the production 2152 company will provide for the state. 2153 (k) An attestation verifying that the information provided 2154 on the application is true and accurate. 2155 (l) Any additional information requested by the department 2156 or division. 2157 (7) The division and department must make a recommendation 2158 to the Governor to approve or deny an award within 7 days after 2159 completion of the review and evaluation. An award of funds may 2160 constitute up to 30 percent of qualified expenditures in this 2161 state and may not fund wages paid to nonresidents. The division 2162 may recommend an award of funds that is less than 30 percent of 2163 qualified expenditures in this state. A production must start 2164 within 1 year after the date the project is approved by the 2165 Governor. The recommendation must include the performance 2166 conditions that the project must meet to obtain funds. 2167 (a) The Governor may approve projects without consulting 2168 the Legislature for projects requiring less than $2 million in 2169 funding. 2170 (b) For projects requiring funding of at least $2 million 2171 but not more than $5 million, the Governor must provide a 2172 written description and evaluation of a project recommended for 2173 approval to the chair and vice chair of the Legislative Budget 2174 Commission at least 10 days before giving final approval for the 2175 project. The recommendation must include the performance 2176 conditions that the project must meet in order to obtain funds. 2177 (c) If the chair or vice chair of the Legislative Budget 2178 Commission, the President of the Senate, or the Speaker of the 2179 House of Representatives timely advises the Executive Office of 2180 the Governor, in writing, that an action or a proposed action 2181 exceeds the delegated authority of the Executive Office of the 2182 Governor or is contrary to legislative policy or intent, the 2183 Executive Office of the Governor shall void the release of funds 2184 and instruct the department to immediately change such action or 2185 proposed action until the Legislative Budget Commission or the 2186 Legislature addresses the issue. 2187 (d) A project requiring more than $5 million in funding 2188 must be approved by the Legislative Budget Commission before the 2189 funds are released. 2190 (8) Upon the approval of the Governor, the department and 2191 the production company shall enter into an agreement that 2192 specifies, at a minimum: 2193 (a) The total amount of funds awarded and the schedule of 2194 payment. 2195 (b) The performance conditions the production company must 2196 meet to obtain payment of moneys from the fund. Performance 2197 conditions must include the criteria considered in the review 2198 and evaluation of the application. Performance conditions must 2199 relate to activity that occurs in this state. 2200 (c) The methodology for validating performance and the date 2201 by which the production company must submit proof of performance 2202 to the department. 2203 (d) That the department may review and verify any records 2204 of the production company to ascertain whether that company is 2205 in compliance with this section and the agreement. 2206 (e) Sanctions for failure to meet performance conditions. 2207 (f) That payment of moneys from the fund is contingent upon 2208 sufficient appropriation of funds by the Legislature. 2209 (9) The agreement must be finalized and signed by an 2210 authorized officer of the production company within 90 days 2211 after the Governor’s approval. A production company that 2212 receives funds under this section may not receive benefits under 2213 s. 288.1258 for the same production. 2214 (10) The department shall validate contractor performance 2215 and report such validation in an annual report. Each November 1, 2216 the department and the division shall submit an annual report 2217 for the previous fiscal year to the Governor, the President of 2218 the Senate, and the Speaker of the House of Representatives 2219 which outlines the program’s return on investment and economic 2220 benefits to the state. The report must also include an estimate 2221 of the full-time equivalent positions created by each production 2222 that received a grant under this section and information 2223 relating to the distribution of productions receiving credits by 2224 geographic region and type of production. In addition, the 2225 report must include the expenditures report required under s. 2226 288.915, the information describing the relationship between tax 2227 exemptions and incentives to industry growth required under s. 2228 288.1258(5), and program performance information required under 2229 this section. 2230 (11) The department may not approve awards in excess of the 2231 amount appropriated for a fiscal year. The department must 2232 maintain a schedule of funds to be paid from the appropriation 2233 for the fiscal year that begins on July 1. For the first 6 2234 months of each fiscal year, the department shall set aside 50 2235 percent of the amount appropriated for the fund by the 2236 Legislature. At the end of the 6-month period, these funds are 2237 available to provide funding under this section for applications 2238 submitted on or after January 1. The department or division may 2239 not accept any applications or conditionally commit funds or 2240 grant priority to a production company if funds are not 2241 available in the current period. 2242 (12) A production company that submits fraudulent 2243 information under this section is liable for reimbursement of 2244 the reasonable costs and fees associated with the review, 2245 processing, investigation, and prosecution of the fraudulent 2246 claim. A production company that receives a payment under this 2247 section through a claim that is fraudulent is liable for 2248 reimbursement of the payment amount, plus a penalty in an amount 2249 double the payment amount. The penalty is in addition to any 2250 criminal penalty for which the production company is liable for 2251 the same acts. The production company is also liable for costs 2252 and fees incurred by the state in investigating and prosecuting 2253 the fraudulent claim. 2254 (13) The department or division may not waive any provision 2255 or provide an extension of time to meet any requirement of this 2256 section. 2257 (14) This section expires on July 1, 2026. An agreement in 2258 existence on that date shall continue in effect in accordance 2259 with its terms. 2260 Section 27. Section 288.1258, Florida Statutes, is amended 2261 to read: 2262 288.1258 Entertainment industry qualified production 2263 companies; application procedure; categories; duties of the 2264 Department of Revenue; records and reports.— 2265 (1) PRODUCTION COMPANIES AUTHORIZED TO APPLY.— 2266 (a) Any production company engaged in this state in the 2267 production of motion pictures, made-for-TV motion pictures, 2268 television series, commercial advertising, music videos, or 2269 sound recordings may submit an application for exemptions under 2270 ss. 212.031, 212.06, and 212.08 to the Department of Revenue to 2271 be approved by the Department of Economic OpportunityOffice of2272Film and Entertainmentas a qualified production company for the 2273 purpose of receiving a sales and use tax certificate of 2274 exemption from the Department of Revenue to exempt purchases on 2275 or after the date that the completed application is filed with 2276 the Department of Revenue. 2277 (b) As used inFor the purposes ofthis section, the term 2278 “qualified production company” means any production company that 2279 has submitted a properly completed application to the Department 2280 of Revenue and that is subsequently qualified by the Department 2281 of Economic OpportunityOffice of Film and Entertainment. 2282 (2) APPLICATION PROCEDURE.— 2283 (a) The Department of Revenue shallwillreview all 2284 submitted applications for the required information. Within 10 2285 working days after the receipt of a properly completed 2286 application, the Department of Revenue shallwillforward the 2287 completed application to the Department of Economic Opportunity 2288Office of Film and Entertainmentfor approval. 2289 (b)1. The Department of Economic OpportunityOffice of Film2290and Entertainmentshall establish a process by which an 2291 entertainment industry production company may be approved by the 2292 departmentofficeas a qualified production company and may 2293 receive a certificate of exemption from the Department of 2294 Revenue for the sales and use tax exemptions under ss. 212.031, 2295 212.06, and 212.08. A production company that receives a sales 2296 tax exemption certificate under this section for a production 2297 may not receive benefits under s. 288.1256 for the same 2298 production. 2299 2. Upon determination by the departmentOffice of Film and2300Entertainmentthat a production company meets the established 2301 approval criteria and qualifies for exemption, the department 2302Office of Film and Entertainmentshall return the approved 2303 application or application renewal or extension to the 2304 Department of Revenue, which shall issue a certificate of 2305 exemption. 2306 3. The departmentOffice of Film and Entertainmentshall 2307 deny an application or application for renewal or extension from 2308 a production company if it determines that the production 2309 company does not meet the established approval criteria. 2310 (c) The departmentOffice of Film and Entertainmentshall 2311 develop, with the cooperation of the Department of Revenue, the 2312 Division of Film and Entertainment within Enterprise Florida, 2313 Inc., and local government entertainment industry promotion 2314 agencies, a standardized application form for use in approving 2315 qualified production companies. 2316 1. The application form shall include, but not be limited 2317 to, production-related information on employment, proposed 2318 budgets, planned purchases of items exempted from sales and use 2319 taxes under ss. 212.031, 212.06, and 212.08, a signed 2320 affirmation from the applicant that any items purchased for 2321 which the applicant is seeking a tax exemption are intended for 2322 use exclusively as an integral part of entertainment industry 2323 preproduction, production, or postproduction activities engaged 2324 in primarily in this state, and a signed affirmation from the 2325 departmentOffice of Film and Entertainmentthat the information 2326 on the application form has been verified and is correct. In 2327 lieu of information on projected employment, proposed budgets, 2328 or planned purchases of exempted items, a production company 2329 seeking a 1-year certificate of exemption may submit summary 2330 historical data on employment, production budgets, and purchases 2331 of exempted items related to production activities in this 2332 state. Any information gathered from production companies for 2333 the purposes of this section shall be considered confidential 2334 taxpayer information and shall be disclosed only as provided in 2335 s. 213.053. 2336 2. The application form may be distributed to applicants by 2337 the department, the DivisionOfficeof Film and Entertainment, 2338 or local film commissions. 2339 (d) All applications, renewals, and extensions for 2340 designation as a qualified production company shall be processed 2341 by the departmentOffice of Film and Entertainment. 2342 (e) IfIn the event thatthe Department of Revenue 2343 determines that a production company no longer qualifies for a 2344 certificate of exemption, or has used a certificate of exemption 2345 for purposes other than those authorized by this section and 2346 chapter 212, the Department of Revenue shall revoke the 2347 certificate of exemption of that production company, and any 2348 sales or use taxes exempted on items purchased or leased by the 2349 production company during the time such company did not qualify 2350 for a certificate of exemption or improperly used a certificate 2351 of exemption shall become immediately due to the Department of 2352 Revenue, along with interest and penalty as provided by s. 2353 212.12. In addition to the other penalties imposed by law, any 2354 person who knowingly and willfully falsifies an application, or 2355 uses a certificate of exemption for purposes other than those 2356 authorized by this section and chapter 212, commits a felony of 2357 the third degree, punishable as provided in ss. 775.082, 2358 775.083, and 775.084. 2359 (3) CATEGORIES.— 2360 (a)1. A production company may be qualified for designation 2361 as a qualified production company for a period of 1 year if the 2362 company has operated a business in Florida at a permanent 2363 address for a period of 12 consecutive months. Such a qualified 2364 production company shall receive a single 1-year certificate of 2365 exemption from the Department of Revenue for the sales and use 2366 tax exemptions under ss. 212.031, 212.06, and 212.08, which 2367 certificate shall expire 1 year after issuance or upon the 2368 cessation of business operations in the state, at which time the 2369 certificate shall be surrendered to the Department of Revenue. 2370 2.The Office of Film and Entertainment shall develop a2371method by whichA qualified production company may submit a new 2372 application forannually renewa 1-year certificate of exemption 2373 upon the expiration of that company’s certificate of exemption; 2374 however, upon approval of the department, such qualified 2375 production company may annually renew the 1-year certificate of 2376 exemption for a period of up to 5 years without submitting 2377requiring the production company to resubmita new application 2378 during that 5-year period. 2379 3. Each year, or upon surrender of the certificate of 2380 exemption to the Department of Revenue, theAnyqualified 2381 production company shallmaysubmit to the department aggregate 2382 data for production-related information on employment, 2383 expenditures in this state, capital investment, and purchases of 2384 items exempted from sales and use taxes under ss. 212.031, 2385 212.06, and 212.08 for inclusion in the annual report required 2386 under subsection (5)a new application for a 1-year certificate2387of exemption upon the expiration of that company’s certificate2388of exemption. 2389 (b)1. A production company may be qualified for designation 2390 as a qualified production company for a period of 90 days. Such 2391 production company shall receive a single 90-day certificate of 2392 exemption from the Department of Revenue for the sales and use 2393 tax exemptions under ss. 212.031, 212.06, and 212.08, which 2394 certificate shall expire 90 days after issuance or upon the 2395 cessation of business operations in the state, at which time,2396with extensions contingent upon approval of the Office of Film2397and Entertainment.the certificate shall be surrendered to the 2398 Department of Revenueupon its expiration. 2399 2. A qualified production company may submit a new 2400 application for a 90-day certificate of exemption each quarter 2401 upon the expiration of that company’s certificate of exemption; 2402 however, upon approval of the department, such qualified 2403 production company may renew the 90-day certificate of exemption 2404 for a period of up to 1 year without submitting a new 2405 application during that 1-year period. 2406 3.2.Each 90 days, or upon surrender of the certificate of 2407 exemption to the Department of Revenue, the qualifiedAny2408 production company shallmaysubmit to the department aggregate 2409 data for production-related information on employment, 2410 expenditures in this state, capital investment, and purchases of 2411 items exempted from sales and use taxes under ss. 212.031, 2412 212.06, and 212.08 for inclusion in the annual report required 2413 under subsection (5)a new application for a 90-day certificate2414of exemption upon the expiration of that company’s certificate2415of exemption. 2416 (4) DUTIES OF THE DEPARTMENT OF REVENUE.— 2417 (a) The Department of Revenue shall review the initial 2418 application and notify the applicant of any omissions and 2419 request additional information if needed. An application shall 2420 be complete upon receipt of all requested information. The 2421 Department of Revenue shall forward all complete applications to 2422 the departmentOffice of Film and Entertainmentwithin 10 2423 working days. 2424 (b) The Department of Revenue shall issue a numbered 2425 certificate of exemption to a qualified production company 2426 within 5 working days of the receipt of an approved application, 2427 application renewal, or application extension from the 2428 departmentOffice of Film and Entertainment. 2429 (c) The Department of Revenue may adoptpromulgatesuch 2430 rules and shall prescribe and publish such forms as may be 2431 necessary to effectuate the purposes of this section or any of 2432 the sales tax exemptions which are reasonably related to the 2433 provisions of this section. 2434 (d) The Department of Revenue is authorized to establish 2435 audit procedures in accordance with the provisions of ss. 2436 212.12, 212.13, and 213.34 which relate to the sales tax 2437 exemption provisions of this section. 2438 (5) RELATIONSHIP OF TAX EXEMPTIONS AND INCENTIVES TO 2439 INDUSTRY GROWTH; REPORT TO THE LEGISLATURE.—The department 2440Office of Film and Entertainmentshall keep annual records from 2441 the information provided on taxpayer applications for tax 2442 exemption certificates and regularly reported as required in 2443 this sectionbeginning January 1, 2001. These records also must 2444 reflect a ratio of the annual amount of sales and use tax 2445 exemptions under this section,plus the funds grantedincentives2446awardedpursuant to s. 288.1256s. 288.1254to the estimated 2447 amount of funds expended by certified productions. In addition, 2448 the departmentofficeshall maintain data showing annual growth 2449 in Florida-based entertainment industry companies and 2450 entertainment industry employment and wages. The employment 2451 information must includean estimate ofthe full-time equivalent 2452 positions created by each production that received fundstax2453creditspursuant to s. 288.1256s. 288.1254. The department 2454Office of Film and Entertainmentshall include this information 2455 in the annual report for the entertainment industryfinancial2456incentiveprogram required under s. 288.1256(10)s.2457288.1254(10). 2458 Section 28. Paragraph (b) of subsection (5) of section 2459 288.901, Florida Statutes, is amended to read: 2460 288.901 Enterprise Florida, Inc.— 2461 (5) APPOINTED MEMBERS OF THE BOARD OF DIRECTORS.— 2462 (b) In making their appointments, the Governor, the 2463 President of the Senate, and the Speaker of the House of 2464 Representatives shall ensure that the composition of the board 2465 of directors reflects the diversity of Florida’s business 2466 community and is representative of the economic development 2467 goals in subsection (2). The board must include at least one 2468 director for each of the following areas of expertise: 2469 international business, tourism marketing, the space or 2470 aerospace industry, managing or financing a minority-owned 2471 business, manufacturing, and finance and accounting, and sports2472marketing. 2473 Section 29. Subsection (1) of section 288.9015, Florida 2474 Statutes, is amended to read: 2475 288.9015 Powers of Enterprise Florida, Inc.; board of 2476 directors.— 2477 (1) Enterprise Florida, Inc., shall integrate its efforts 2478 in business recruitment and expansion, job creation, marketing 2479 the state for tourismand sports, and promoting economic 2480 opportunities for minority-owned businesses and promoting 2481 economic opportunities for rural and distressed urban 2482 communities with those of the department, to create an 2483 aggressive, agile, and collaborative effort to reinvigorate the 2484 state’s economy. 2485 Section 30. Paragraph (c) of subsection (1), paragraph (d) 2486 of subsection (2), and subsection (3) of section 288.907, 2487 Florida Statutes, are amended to read: 2488 288.907 Annual incentives report.—By December 30 of each 2489 year, Enterprise Florida, Inc., in conjunction with the 2490 department, shall provide the Governor, the President of the 2491 Senate, and the Speaker of the House of Representatives a 2492 detailed incentives report quantifying the economic benefits for 2493 all of the economic development incentive programs marketed by 2494 Enterprise Florida, Inc. The annual incentives report must 2495 include: 2496 (1) For each incentive program: 2497 (c) The actual amount of private capital invested, the 2498 actual number of jobs created, the actual number of jobs created 2499 which provide health benefits for the employee, the actual 2500 number of jobs retained, the actual number of jobs retained 2501 which provide health benefits for the employee, and actual wages 2502 paid for incentive agreements completed during the previous 3 2503 years for each target industry sector. 2504 (2) For projects completed during the previous state fiscal 2505 year: 2506 (d) The projects for which a tax refund, tax credit, or 2507 cash grant agreement was executed, identifying for each project: 2508 1. The number of jobs committed to be created and the 2509 number of those jobs that will provide health benefits for the 2510 employee. 2511 2. The number of jobs committed to be retained and the 2512 number of those jobs that will provide health benefits for the 2513 employee. 2514 3.2.The amount of capital investments committed to be 2515 made. 2516 4.3.The annual average wage committed to be paid. 2517 5.4.The amount of state economic development incentives 2518 committed to the project from each incentive program under the 2519 project’s terms of agreement with the Department of Economic 2520 Opportunity. 2521 6.5.The amount and type of local matching funds committed 2522 to the project. 2523 (3) For economic development projects that received tax 2524 refunds, tax credits, or cash grants under the terms of an 2525 agreement for incentives: 2526 (a) The number of jobs actually created and the number of 2527 those jobs that provided health benefits for the employee. 2528 (b) The number of jobs actually retained and the number of 2529 those jobs that provided health benefits for the employee. 2530 (c)(b)The amount of capital investments actually made. 2531 (d)(c)The annual average wage paid. 2532 Section 31. Subsection (1) of section 288.92, Florida 2533 Statutes, is amended to read: 2534 288.92 Divisions of Enterprise Florida, Inc.— 2535 (1) Enterprise Florida, Inc., may create and dissolve 2536 divisions as necessary to carry out its mission. Each division 2537 shall have distinct responsibilities and complementary missions. 2538 At a minimum, Enterprise Florida, Inc., shall have divisions 2539 related to the following areas: 2540 (a) International Trade and Business Development; 2541 (b) Business Retention and Recruitment; 2542 (c) Tourism Marketing; 2543 (d) Minority Business Development; and 2544 (e) Film and EntertainmentSports Industry Development. 2545 Section 32. Paragraph (c) of subsection (3) and subsection 2546 (4) of section 288.980, Florida Statutes, are amended to read: 2547 288.980 Military base retention; legislative intent; grants 2548 program.— 2549 (3) 2550 (c) The department shall require that an applicant: 2551 1. Represent a local government with a military 2552 installation or military installations that could be adversely 2553 affected by federal actions. 2554 2.Agree to match at least 30 percent of any grant awarded.25553.Prepare a coordinated program or plan of action 2556 delineating how the eligible project will be administered and 2557 accomplished. 2558 3.4.Provide documentation describing the potential for 2559 changes to the mission of a military installation located in the 2560 applicant’s community and the potential impacts such changes 2561 will have on the applicant’s community. 2562 (4) The Florida Defense Reinvestment Grant Program is 2563 established to respond to the need for this state to work in 2564 conjunction with defense-dependent communities in developing and 2565 implementing strategies and approaches that will help 2566 communities support the missions of military installations, and 2567 in developing and implementing alternative economic 2568 diversification strategies to transition from a defense economy 2569 to a nondefense economy. The department shall administer the 2570 program. 2571 (a) Eligible applicants include defense-dependent counties 2572 and cities, and local economic development councils located 2573 within such communities.The program shall be administered by2574the department andGrant awards may be provided to support 2575 community-based activities that: 2576 1.(a)Protect existing military installations; 2577 2.(b)Diversify or grow the economy of a defense-dependent 2578 community; or 2579 3.(c)Develop plans for the reuse of closed or realigned 2580 military installations, including any plans necessary for 2581 infrastructure improvements needed to facilitate reuse and 2582 related marketing activities. 2583 (b) Applications for grants under paragraph (a)this2584subsectionmust include a coordinated program of work or plan of 2585 action delineating how the eligible project will be administered 2586 and accomplished, which must include a plan for ensuring close 2587 cooperation between civilian and military authorities in the 2588 conduct of the funded activities and a plan for public 2589 involvement. An applicant must agree to match at least 30 2590 percent of any grant awarded. 2591 Section 33. Effective July 1, 2016, paragraph (a) of 2592 subsection (6), paragraph (b) of subsection (9), paragraph (a) 2593 of subsection (35), subsection (60), and paragraph (b) of 2594 subsection (64) of section 320.08058, Florida Statutes, are 2595 amended to read: 2596 320.08058 Specialty license plates.— 2597 (6) FLORIDA UNITED STATES OLYMPIC COMMITTEE LICENSE 2598 PLATES.— 2599 (a) Because the United States Olympic Committee has 2600 selected this state to participate in a combined fundraising 2601 program that provides for one-half of all money raised through 2602 volunteer giving to stay in this state and be administered by 2603 the Florida Sports FoundationEnterprise Florida, Inc.,to 2604 support amateur sports, and because the United States Olympic 2605 Committee and the Florida Sports FoundationEnterprise Florida,2606Inc.,are nonprofit organizations dedicated to providing 2607 athletes with support and training and preparing athletes of all 2608 ages and skill levels for sports competition, and because the 2609 Florida Sports FoundationEnterprise Florida, Inc.,assists in 2610 the bidding for sports competitions that provide significant 2611 impact to the economy of this state, and the Legislature 2612 supports the efforts of the United States Olympic Committee and 2613 the Florida Sports FoundationEnterprise Florida, Inc., the 2614 Legislature establishes a Florida United States Olympic 2615 Committee license plate for the purpose of providing a 2616 continuous funding source to support this worthwhile effort. 2617 Florida United States Olympic Committee license plates must 2618 contain the official United States Olympic Committee logo and 2619 must bear a design and colors that are approved by the 2620 department. The word “Florida” must be centered at the top of 2621 the plate. 2622 (9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.— 2623 (b) The license plate annual use fees are to be annually 2624 distributed as follows: 2625 1. Fifty-five percent of the proceeds from the Florida 2626 Professional Sports Team plate must be deposited into the 2627 Professional Sports Development Trust Fund within the Department 2628 of Economic Opportunity. These funds must be used solely to 2629 attract and support major sports events in this state. As used 2630 in this subparagraph, the term “major sports events” means, but 2631 is not limited to, championship or all-star contests of Major 2632 League Baseball, the National Basketball Association, the 2633 National Football League, the National Hockey League, Major 2634 League Soccer, the men’s and women’s National Collegiate 2635 Athletic Association championshipsFinal Four basketball2636championship, or a horseracing or dogracing Breeders’ Cup. All 2637 funds must be used to support and promote major sporting events, 2638 and the uses must be approved by the Department of Economic 2639 Opportunity. 2640 2. The remaining proceeds of the Florida Professional 2641 Sports Team license plate must be allocated to the Florida 2642 Sports FoundationEnterprise Florida, Inc. These funds must be 2643 deposited into the Professional Sports Development Trust Fund 2644 within the Department of Economic Opportunity. These funds must 2645 be used by the Florida Sports FoundationEnterprise Florida,2646Inc.,to promote the economic development of the sports 2647 industry; to distribute licensing and royalty fees to 2648 participating professional sports teams;to promote education2649programs in Florida schools that provide an awareness of the2650benefits of physical activity and nutrition standards; to2651partner with the Department of Education and the Department of2652Health to develop a program that recognizes schools whose2653students demonstrate excellent physical fitness or fitness2654improvement;to institute a grant program for communities 2655 bidding on minor sporting events that create an economic impact 2656 for the state; to distribute funds to Florida-based charities 2657 designated by the Florida Sports FoundationEnterprise Florida,2658Inc.,and the participating professional sports teams; and to 2659 fulfill the sports promotion responsibilities of the Department 2660 of Economic Opportunity. 2661 3. The Florida Sports FoundationEnterprise Florida, Inc.,2662 shall provide an annual financial audit in accordance with s. 2663 215.981 of its financial accounts and records by an independent 2664 certified public accountant pursuant to the contract established 2665 by the Department of Economic Opportunity as specified in s. 2666 288.1229(5). The auditor shall submit the audit report to the 2667 Department of Economic Opportunity for review and approval. If 2668 the audit report is approved, the Department of Economic 2669 Opportunity shall certify the audit report to the Auditor 2670 General for review. 2671 4. Notwithstanding the provisions of subparagraphs 1. and 2672 2., proceeds from the Professional Sports Development Trust Fund 2673 may also be used for operational expenses of the Florida Sports 2674 FoundationEnterprise Florida, Inc.,and financial support of 2675 the Sunshine State Games and Florida Senior Games. 2676 (35) FLORIDA GOLF LICENSE PLATES.— 2677 (a) The Department of Highway Safety and Motor Vehicles 2678 shall develop a Florida Golf license plate as provided in this 2679 section. The word “Florida” must appear at the bottom of the 2680 plate. The Dade Amateur Golf Association, following consultation 2681 with the PGA TOUR, the Florida Sports FoundationEnterprise2682Florida, Inc., the LPGA, and the PGA of America may submit a 2683 revised sample plate for consideration by the department. 2684 (60) FLORIDA NASCAR LICENSE PLATES.— 2685 (a) The department shall develop a Florida NASCAR license 2686 plate as provided in this section. Florida NASCAR license plates 2687 must bear the colors and design approved by the department. The 2688 word “Florida” must appear at the top of the plate, and the term 2689 “NASCAR” must appear at the bottom of the plate. The National 2690 Association for Stock Car Auto Racing, following consultation 2691 with the Florida Sports FoundationEnterprise Florida, Inc., may 2692 submit a sample plate for consideration by the department. 2693 (b) The license plate annual use fees shall be distributed 2694 to the Florida Sports FoundationEnterprise Florida, Inc. The 2695 license plate annual use fees shall be annually allocated as 2696 follows: 2697 1. Up to 5 percent of the proceeds from the annual use fees 2698 may be used by the Florida Sports FoundationEnterprise Florida,2699Inc.,for the administration of the NASCAR license plate 2700 program. 2701 2. The National Association for Stock Car Auto Racing shall 2702 receive up to $60,000 in proceeds from the annual use fees to be 2703 used to pay startup costs, including costs incurred in 2704 developing and issuing the plates. Thereafter, 10 percent of the 2705 proceeds from the annual use fees shall be provided to the 2706 association for the royalty rights for the use of its marks. 2707 3. The remaining proceeds from the annual use fees shall be 2708 distributed to the Florida Sports FoundationEnterprise Florida,2709Inc. The Florida Sports FoundationEnterprise Florida, Inc.,2710 will retain 15 percent to support its regional grant program, 2711 attracting sporting events to Florida; 20 percent to support the 2712 marketing of motorsports-related tourism in the state; and 50 2713 percent to be paid to the NASCAR Foundation, a s. 501(c)(3) 2714 charitable organization, to support Florida-based charitable 2715 organizations. 2716 (c) The Florida Sports FoundationEnterprise Florida, Inc.,2717 shall provide an annual financial audit in accordance with s. 2718 215.981 of its financial accounts and records by an independent 2719 certified public accountant pursuant to the contract established 2720 by the Department of Economic Opportunity as specified in s. 2721 288.1229(5). The auditor shall submit the audit report to the 2722 Department of Economic Opportunity for review and approval. If 2723 the audit report is approved, the Department of Economic 2724 Opportunity shall certify the audit report to the Auditor 2725 General for review. 2726 (64) FLORIDA TENNIS LICENSE PLATES.— 2727 (b) The department shall distribute the annual use fees to 2728 the Florida Sports FoundationEnterprise Florida, Inc. The 2729 license plate annual use fees shall be annually allocated as 2730 follows: 2731 1. Up to 5 percent of the proceeds from the annual use fees 2732 may be used by the Florida Sports FoundationEnterprise Florida,2733Inc.,to administer the license plate program. 2734 2. The United States Tennis Association Florida Section 2735 Foundation shall receive the first $60,000 in proceeds from the 2736 annual use fees to reimburse it for startup costs, 2737 administrative costs, and other costs it incurs in the 2738 development and approval process. 2739 3. Up to 5 percent of the proceeds from the annual use fees 2740 may be used for promoting and marketing the license plates. The 2741 remaining proceeds shall be available for grants by the United 2742 States Tennis Association Florida Section Foundation to 2743 nonprofit organizations to operate youth tennis programs and 2744 adaptive tennis programs for special populations of all ages, 2745 and for building, renovating, and maintaining public tennis 2746 courts. 2747 Section 34. Subsection (5) of section 477.0135, Florida 2748 Statutes, is amended to read: 2749 477.0135 Exemptions.— 2750 (5) A license is not required of any individual providing 2751 makeup, special effects, or cosmetology services to an actor, 2752 stunt person, musician, extra, or other talent during a 2753 production recognized by the Department of Economic Opportunity 2754Office of Film and Entertainmentas a projectqualified2755productionas defined in s. 288.1256s. 288.1254(1). Such 2756 services are not required to be performed in a licensed salon. 2757 Individuals exempt under this subsection may not provide such 2758 services to the general public. 2759 Section 35. Except as otherwise expressly provided in this 2760 act, this act shall take effect upon becoming a law.