FL
Florida House Bill H0685

Florida 2022 Regular Session

Florida House Bill H0685 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to rural development; amending s. 2
16-288.018, F.S.; reducing the required grant match 3
17-percentage rate and authorizing in -kind contributions 4
18-under the Regional Rural Development Grants Program; 5
19-amending s. 288.065, F.S.; removing a match 6
20-requirement from the Rural Community Development 7
21-Revolving Loan Fund under specified conditions; 8
22-amending s. 288.0655, F.S.; revising provisions 9
23-related to the Rural Infrastructure Fund; increasing 10
24-the percentage of grants that the Department of 11
25-Economic Opportunity may award; revising criteria for 12
26-awarding grants; removing the local match requirement; 13
27-providing an effective date. 14
28- 15
29-Be It Enacted by the Legis lature of the State of Florida: 16
30- 17
31- Section 1. Paragraph (d) of subsection (1) of section 18
32-288.018, Florida Statutes, is amended to read: 19
33- 288.018 Regional Rural Development Grants Program. — 20
34- (1) 21
35- (d) Grant funds received by a regional economic 22
36-development organization must be matched each year by nonstate 23
37-financial or in-kind contributions resources in an amount equal 24
38-to 15 25 percent of the state contribution. 25
16+166.231, F.S.; removing a provision authorizing 3
17+municipalities to provide certain tax exemptions to 4
18+certain areas nominated, but not designated, as 5
19+enterprise zones; removing an expiration date; 6
20+amending s. 212.08, F.S.; revising the definition of 7
21+the term "enterprise zone" to the term "opportunity 8
22+zone" for purposes of certain sales tax exemptions; 9
23+authorizing certain charges for natural gas or propane 10
24+used by certain qualified businesses in opportunity 11
25+zones to receive a specified sales tax exemption; 12
26+conforming provisions to changes made by the act; 13
27+increasing the amount of a refund for certain 14
28+previously paid sales taxes; removing an expiration 15
29+date; amending s. 212.098, F.S.; revising eligibility 16
30+criteria necessary to qualify for the Rural Job Tax 17
31+Credit Program; amending s. 288.018, F.S.; reducing 18
32+the required grant match percentage rate under the 19
33+Regional Rural Development Grants Program; amending s. 20
34+288.019, F.S.; revising certain eligibility criteria 21
35+for the Rural Economic Development Initiative (REDI); 22
36+amending s. 288.047, F.S.; revising provisions 23
37+requiring CareerSource Florida, Inc., to set aside 24
38+certain funds for instructional programs; amending s. 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51- Section 2. Paragraph (c) of subsection (2) of section 26
52-288.065, Florida Statutes, is amende d to read: 27
53- 288.065 Rural Community Development Revolving Loan Fund. — 28
54- (2) 29
55- (c) All repayments of principal and interest shall be 30
56-returned to the loan fund and made available for loans to other 31
57-applicants. However, in a rural area of opportunity designat ed 32
58-by the Governor, and upon approval by the department, repayments 33
59-of principal and interest may be retained by the applicant if 34
60-such repayments are dedicated and matched to fund regionally 35
61-based economic development organizations representing the rural 36
62-area of opportunity. 37
63- Section 3. Subsection (1), paragraphs (b), (c), and (e) of 38
64-subsection (2), and subsection (3) of section 288.0655, Florida 39
65-Statutes, are amended to read: 40
66- 288.0655 Rural Infrastructure Fund. — 41
67- (1) There is created within the depar tment the Rural 42
68-Infrastructure Fund to facilitate the planning, preparing, and 43
69-financing of infrastructure projects in rural communities which 44
70-will encourage job creation, capital investment, and the 45
71-strengthening and diversification of rural economies by 46
72-promoting tourism, trade, and economic development. 47
73- (2) 48
74- (b) To facilitate access of rural communities and rural 49
75-areas of opportunity as defined by the Rural Economic 50
51+288.065, F.S.; removing a match requirement from t he 26
52+Rural Community Development Revolving Loan Fund under 27
53+specified conditions; amending s. 288.0655, F.S.; 28
54+revising provisions related to the Rural 29
55+Infrastructure Fund; increasing the percentage of 30
56+grants that the Department of Economic Opportunity may 31
57+award; revising criteria for awarding grants; removing 32
58+the local match requirement; amending s. 288.0656, 33
59+F.S.; requiring REDI to annually collect specified 34
60+data related to rural communities and rural areas of 35
61+opportunity; requiring REDI to provide specified 36
62+information to rural communities and rural areas of 37
63+opportunity; authorizing REI to override the 38
64+Department of Economic Opportunity's decision that a 39
65+business is not qualified for state programs; 40
66+requiring REDI to establish a specified direct -support 41
67+organization; removing a provision requiring 42
68+alternates for REDI representatives to be sent to the 43
69+Secretary of Economic Opportunity; amending s. 44
70+288.1201, F.S.; requiring a specified percentage of 45
71+the State Economic Enhancement and Development Trust 46
72+Fund to be used for certain affordable housing 47
73+programs; creating s. 288.9941, F.S.; providing 48
74+legislative findings and intent related to small 49
75+businesses in rural counties and their ability to 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88-Development Initiative to infrastructure funding programs of the 51
89-Federal Government, such as those offered by the United States 52
90-Department of Agriculture and the United States Department of 53
91-Commerce, and state programs, including those offered by Rural 54
92-Economic Development Initiative agencies, and to facilitate 55
93-local government or private infrastructure funding efforts, the 56
94-department may award grants for up to 75 50 percent of the total 57
95-infrastructure project cost. Eligible projects must be related 58
96-to specific job-creation or job-retention opportunities. 59
97-Eligible uses of funds projects may also include improving any 60
98-inadequate infrastructure that has resulted in regulatory action 61
99-that prohibits economic or community growth, reducing the costs 62
100-to community users of proposed infrastructure improvements that 63
101-exceed such costs in comparable communities, and improving 64
102-access to and the availability of broadband Internet service. 65
103-Eligible uses of funds shall include improvements to public 66
104-infrastructure for industrial or commercial sites, upgrades to 67
105-or development of public to urism infrastructure, and 68
106-improvements to broadband Internet service and access in 69
107-unserved or underserved rural communities. Improvements to 70
108-broadband Internet service and access must be conducted through 71
109-a partnership or partnerships with one or more dea lers, as 72
110-defined in s. 202.11(2), and the partnership or partnerships 73
111-must be established through a competitive selection process that 74
112-is publicly noticed. Authorized infrastructure may include the 75
88+access capital; creating s. 288.9942, F.S.; providing 51
89+definitions; creating s. 288.9943, F.S.; creating the 52
90+Florida Microfinance Corporation; providing purpose, 53
91+powers, and duties of the corporation; creating s. 54
92+288.9944, F.S.; requiring a board of directors of the 55
93+corporation; providing the membership, powers, and 56
94+duties of the board; creating s. 288.9945, F.S.; 57
95+requiring the board to appoint a president of the 58
96+corporation; providing the compensation, powers, and 59
97+duties of the president; creating s. 288.9946, F.S.; 60
98+requiring the board to adopt policies and bylaws 61
99+related to carrying out its responsibilities of 62
100+providing access to capital for small businesses; 63
101+creating s. 288.9947, F.S.; requiring the board to 64
102+create the Florida Microfinance Corporation Guarantee 65
103+Account to receive specified funds; specifying 66
104+purposes and uses of the account; specifying duties of 67
105+the board related to the account; creating s. 68
106+288.9948, F.S.; requiring the corporation to submit an 69
107+annual report to the Department of Economic 70
108+Opportunity by a specified date; providing 71
109+requirements for the report; ame nding ss. 290.0056 and 72
110+290.007, F.S.; conforming provisions and cross -73
111+references; providing an effective date. 74
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125-following public or public -private partnership facilities: storm 76
126-water systems; telecommunications facilities; broadband 77
127-facilities; roads or other remedies to transportation 78
128-impediments; nature-based tourism facilities; or other physical 79
129-requirements necessary to facilitate tourism, trade, and 80
130-economic development activities in the community. Authorized 81
131-infrastructure may also include publicly or privately owned 82
132-self-powered nature-based tourism facilities, publicly owned 83
133-telecommunications facilities, and broadband facilities, and 84
134-additions to the distribution f acilities of the existing natural 85
135-gas utility as defined in s. 366.04(3)(c), the existing electric 86
136-utility as defined in s. 366.02, or the existing water or 87
137-wastewater utility as defined in s. 367.021(12), or any other 88
138-existing water or wastewater facility , which owns a gas or 89
139-electric distribution system or a water or wastewater system in 90
140-this state where: 91
141- 1. A contribution-in-aid of construction is required to 92
142-serve public or public -private partnership facilities under the 93
143-tariffs of any natural gas, el ectric, water, or wastewater 94
144-utility as defined herein; and 95
145- 2. Such utilities as defined herein are willing and able 96
146-to provide such service. 97
147- (c) To facilitate timely response and induce the location 98
148-or expansion of specific job creating opportunities, The 99
149-department may award grants of up to $300,000 for infrastructure 100
125+Be It Enacted by the Legislature of the State of Florida: 76
126+ 77
127+ Section 1. Subsection (8) of section 166.231, Florida 78
128+Statutes, is amended to read: 79
129+ 166.231 Municipalities; public service tax. — 80
130+ (8)(a) Beginning July 1, 1995, A municipality may by 81
131+ordinance exempt not less than 50 percent of the tax imposed 82
132+under this section on purchasers of electrical energy , natural 83
133+gas, or propane who are determined to be eligible for the 84
134+exemption provided by s. 212.08(15) by the Department of 85
135+Revenue. The exemption shall be administered as provided in that 86
136+section. A copy of any ordinance adopted pursuant to this 87
137+subsection shall be provided to the Depar tment of Revenue not 88
138+less than 14 days before prior to its effective date. 89
139+ (b) If an area that is nominated as an enterprise zone 90
140+pursuant to s. 290.0055 has not yet been designated pursuant to 91
141+s. 290.0065, a municipality may enact an ordinance for such 92
142+exemption; however, the ordinance shall not be effective until 93
143+such area is designated pursuant to s. 290.0065. 94
144+ (c) This subsection expires on the date specified in s. 95
145+290.016 for the expiration of the Florida Enterprise Zone Act, 96
146+except that any qualifi ed business that has satisfied the 97
147+requirements of this subsection before that date shall be 98
148+allowed the full benefit of the exemption allowed under this 99
149+subsection as if this subsection had not expired on that date. 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162-feasibility studies, design and engineering activities, or other 101
163-infrastructure planning and preparation activities. Authorized 102
164-grants shall be up to $50,000 for an employment project wi th a 103
165-business committed to create at least 100 jobs; up to $150,000 104
166-for an employment project with a business committed to create at 105
167-least 300 jobs; and up to $300,000 for a project in a rural area 106
168-of opportunity. Grants awarded under this paragraph may be used 107
169-in conjunction with grants awarded under paragraph (b) , provided 108
170-that the total amount of both grants does not exceed 30 percent 109
171-of the total project cost . In evaluating applications under this 110
172-paragraph, the department shall consider the extent to w hich the 111
173-application seeks to minimize administrative and consultant 112
174-expenses. 113
175- (e) To enable local governments to access the resources 114
176-available pursuant to s. 403.973(18), the department may award 115
177-grants for surveys, feasibility studies, and other activ ities 116
178-related to the identification and preclearance review of land 117
179-which is suitable for preclearance review. Authorized grants 118
180-under this paragraph do not require a local match and may not 119
181-exceed $75,000 each, except in the case of a project in a rural 120
182-area of opportunity, in which case the grant may not exceed 121
183-$300,000. Any funds awarded under this paragraph must be matched 122
184-at a level of 50 percent with local funds, except that any funds 123
185-awarded for a project in a rural area of opportunity must be 124
186-matched at a level of 33 percent with local funds. If an 125
162+ Section 2. Paragraph (g) of subsect ion (5) and subsection 101
163+(15) of section 212.08, Florida Statutes, are amended to read: 102
164+ 212.08 Sales, rental, use, consumption, distribution, and 103
165+storage tax; specified exemptions. —The sale at retail, the 104
166+rental, the use, the consumption, the distribution, and the 105
167+storage to be used or consumed in this state of the following 106
168+are hereby specifically exempt from the tax imposed by this 107
169+chapter. 108
170+ (5) EXEMPTIONS; ACCOUNT OF USE. — 109
171+ (g) Building materials used in the rehabilitation of real 110
172+property located in a n opportunity enterprise zone.— 111
173+ 1. Building materials used in the rehabilitation of real 112
174+property located in an opportunity enterprise zone are exempt 113
175+from the tax imposed by this chapter upon an affirmative showing 114
176+to the satisfaction of the department that the items have been 115
177+used for the rehabilitation of real property located in an 116
178+opportunity enterprise zone. Except as provided in subparagraph 117
179+2., this exemption inures to the owner, lessee, or lessor at the 118
180+time the real property is rehabilitated, bu t only through a 119
181+refund of previously paid taxes. To receive a refund pursuant to 120
182+this paragraph, the owner, lessee, or lessor of the 121
183+rehabilitated real property must file an application under oath 122
184+with the governing body or enterprise zone development age ncy 123
185+having jurisdiction over the opportunity enterprise zone where 124
186+the business is located, as applicable. A single application for 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199-application for funding is for a catalyst site, as defined in s. 126
200-288.0656, the requirement for local match may be waived pursuant 127
201-to the process in s. 288.06561. In evaluating applications under 128
202-this paragraph, the department shall consider the extent to 129
203-which the application seeks to minimize administrative and 130
204-consultant expenses. 131
205- (3) The department, in consultation with Enterprise 132
206-Florida, Inc., the Florida Tourism Industry Marketing 133
207-Corporation, the Department of Environmental Protection, and the 134
208-Florida Fish and Wildlife Conservation Commission, as 135
209-appropriate, shall review and certify applications pursuant to 136
210-s. 288.061. The review shall include an evaluation of the 137
211-economic benefit of the projects and their long-term viability. 138
212-The department shall have final approval for any grant under 139
213-this section. 140
214- Section 4. This act shall take effect July 1, 2022. 141
199+a refund may be submitted for multiple, contiguous parcels that 126
200+were part of a single parcel that was divided as part of the 127
201+rehabilitation of the property. All other requirements of this 128
202+paragraph apply to each parcel on an individual basis. The 129
203+application must include: 130
204+ a. The name and address of the person claiming the refund. 131
205+ b. An address and assessment roll parcel num ber of the 132
206+rehabilitated real property for which a refund of previously 133
207+paid taxes is being sought. 134
208+ c. A description of the improvements made to accomplish 135
209+the rehabilitation of the real property. 136
210+ d. A copy of a valid building permit issued by the county 137
211+or municipal building department for the rehabilitation of the 138
212+real property. 139
213+ e. A sworn statement, under penalty of perjury, from the 140
214+general contractor licensed in this state with whom the 141
215+applicant contracted to make the improvements necessary to 142
216+rehabilitate the real property, which lists the building 143
217+materials used to rehabilitate the real property, the actual 144
218+cost of the building materials, and the amount of sales tax paid 145
219+in this state on the building materials. If a general contractor 146
220+was not used, the applicant, not a general contractor, shall 147
221+make the sworn statement required by this sub -subparagraph. 148
222+Copies of the invoices that evidence the purchase of the 149
223+building materials used in the rehabilitation and the payment of 150
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232+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236+sales tax on the building materials must be attached to the 151
237+sworn statement provided by the general contractor or by the 152
238+applicant. Unless the actual cost of building materials used in 153
239+the rehabilitation of real property and the payment of sales 154
240+taxes is documented by a gen eral contractor or by the applicant 155
241+in this manner, the cost of the building materials is deemed to 156
242+be an amount equal to 40 percent of the increase in assessed 157
243+value for ad valorem tax purposes. 158
244+ f. The identifying number assigned pursuant to s. 290.0065 159
245+to the opportunity enterprise zone in which the rehabilitated 160
246+real property is located. 161
247+ g. A certification by the local building code inspector 162
248+that the improvements necessary to rehabilitate the real 163
249+property are substantially completed. 164
250+ h. A statement of whether the business is a small business 165
251+as defined by the federal Small Business Administration s. 166
252+288.703. 167
253+ i. If applicable, the name and address of each permanent 168
254+employee of the business, including, for each employee who is a 169
255+resident of an enterprise zone, the identifying number assigned 170
256+pursuant to s. 290.0065 to the enterprise zone in which the 171
257+employee resides. 172
258+ 2. This exemption inures to a municipality, county, other 173
259+governmental unit or agency, or nonprofit community -based 174
260+organization through a refund of previously paid taxes if the 175
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269+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273+building materials used in the rehabilitation are paid for from 176
274+the funds of a community development block grant, State Housing 177
275+Initiatives Partnership Program, or similar grant or loan 178
276+program. To receive a refund, a municipality, county, other 179
277+governmental unit or agency, or nonprofit community -based 180
278+organization must file an application that includes the same 181
279+information required in subparagraph 1. In addition, the 182
280+application must include a sworn statement signed by the chief 183
281+executive officer of the municipality, county, other 184
282+governmental unit or agency, or nonprofit community -based 185
283+organization seeking a refund which states that the building 186
284+materials for which a refund is sought were funded by a 187
285+community development block grant, State Housing Initiatives 188
286+Partnership Program, or similar grant or loan program. 189
287+ 3. Within 10 working days after receipt of an application, 190
288+the governing body or enterprise zone development agency shall 191
289+review the application to determine if it contains all the 192
290+information required by subparagraph 1. or subparagraph 2. and 193
291+meets the criteria set out in this paragraph. The governing body 194
292+or agency shall certify all applications that contain the 195
293+required information and are eligi ble to receive a refund. If 196
294+applicable, the governing body or agency shall also certify if 197
295+20 percent of the employees of the business are residents of an 198
296+enterprise zone, excluding temporary and part -time employees. 199
297+The certification must be in writing, a nd a copy of the 200
298+
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306+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310+certification shall be transmitted to the executive director of 201
311+the department. The applicant is responsible for forwarding a 202
312+certified application to the department within the time 203
313+specified in subparagraph 4. 204
314+ 4. An application for a re fund must be submitted to the 205
315+department within 6 months after the rehabilitation of the 206
316+property is deemed to be substantially completed by the local 207
317+building code inspector or by November 1 after the rehabilitated 208
318+property is first subject to assessment. 209
319+ 5. Only one exemption through a refund of previously paid 210
320+taxes for the rehabilitation of real property is permitted for 211
321+any single parcel of property unless there is a change in 212
322+ownership, a new lessor, or a new lessee of the real property. A 213
323+refund may not be granted unless the amount to be refunded 214
324+exceeds $500. A refund may not exceed the lesser of 97 percent 215
325+of the Florida sales or use tax paid on the cost of the building 216
326+materials used in the rehabilitation of the real property as 217
327+determined pursuant to sub-subparagraph 1.e. or $7,500 $5,000, 218
328+or, if at least 20 percent of the employees of the business are 219
329+residents of an enterprise zone, excluding temporary and part -220
330+time employees, the amount of refund may not exceed the lesser 221
331+of 97 percent of the sales tax paid on the cost of the building 222
332+materials or $10,000 . A refund shall be made within 30 days 223
333+after formal approval by the department of the application for 224
334+the refund. 225
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343+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347+ 6. The department shall adopt rules governing the manner 226
348+and form of refund applications and may establish guidelines as 227
349+to the requisites for an affirmative showing of qualification 228
350+for exemption under this paragraph. 229
351+ 7. The department shall deduct an amount equal to 10 230
352+percent of each refund granted under this paragraph from t he 231
353+amount transferred into the Local Government Half -cent Sales Tax 232
354+Clearing Trust Fund pursuant to s. 212.20 for the county area in 233
355+which the rehabilitated real property is located and shall 234
356+transfer that amount to the General Revenue Fund. 235
357+ 8. For the purposes of the exemption provided in this 236
358+paragraph, the term: 237
359+ a. "Building materials" means tangible personal property 238
360+that becomes a component part of improvements to real property. 239
361+ b. "Real property" has the same meaning as provided in s. 240
362+192.001(12), except that the term does not include a condominium 241
363+parcel or condominium property as defined in s. 718.103. 242
364+ c. "Rehabilitation of real property" means the 243
365+reconstruction, renovation, restoration, rehabilitation, 244
366+construction, or expansion of improvem ents to real property. 245
367+ d. "Substantially completed" has the same meaning as 246
368+provided in s. 192.042(1). 247
369+ 9. This paragraph expires on the date specified in s. 248
370+290.016 for the expiration of the Florida Enterprise Zone Act. 249
371+ (15) ELECTRICAL ENERGY USED IN AN OPPORTUNITY ENTERPRISE 250
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380+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384+ZONE.— 251
385+ (a) Beginning July 1, 1995, Charges for electrical energy , 252
386+natural gas, or propane used by a qualified business at a fixed 253
387+location in an opportunity enterprise zone in a municipality 254
388+which has enacted an ordinance pursu ant to s. 166.231(8) which 255
389+provides for exemption of municipal utility taxes on such 256
390+businesses or in an opportunity enterprise zone jointly 257
391+authorized by a county and a municipality which has enacted an 258
392+ordinance pursuant to s. 166.231(8) which provides f or exemption 259
393+of municipal utility taxes on such businesses shall receive an 260
394+exemption equal to 50 percent of the tax imposed by this 261
395+chapter, or, if no less than 20 percent of the employees of the 262
396+business are residents of an enterprise zone, excluding 263
397+temporary and part-time employees, the exemption shall be equal 264
398+to 100 percent of the tax imposed by this chapter . A qualified 265
399+business may receive such exemption for a period of 5 years from 266
400+the billing period beginning not more than 30 days following 267
401+notification to the applicable utility company by the department 268
402+that an exemption has been authorized pursuant to this 269
403+subsection and s. 166.231(8). 270
404+ (b) To receive this exemption, a business must file an 271
405+application, with the governing body enterprise zone development 272
406+agency having jurisdiction over the opportunity enterprise zone 273
407+where the business is located, on a form provided by the 274
408+department for the purposes of this subsection and s. 275
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417+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421+166.231(8). The application shall be made under oath and shall 276
422+include: 277
423+ 1. The name and location of the business. 278
424+ 2. The identifying number assigned pursuant to s. 290.0065 279
425+to the opportunity enterprise zone in which the business is 280
426+located. 281
427+ 3. The date on which electrical , natural gas, or propane 282
428+service is to be fir st initiated to the business. 283
429+ 4. The name and mailing address of the entity from which 284
430+electrical energy, natural gas, or propane is to be purchased. 285
431+ 5. The date of the application. 286
432+ 6. The name of the city in which the business is located. 287
433+ 7. If applicable, the name and address of each permanent 288
434+employee of the business including, for each employee who is a 289
435+resident of an enterprise zone, the identifying number assigned 290
436+pursuant to s. 290.0065 to the enterprise zone in which the 291
437+employee resides. 292
438+ 8. Whether the business is a small business as defined by 293
439+the federal Small Business Administration s. 288.703. 294
440+ (c) Within 10 working days after receipt of an 295
441+application, the governing body enterprise zone development 296
442+agency shall review the applicatio n to determine if it contains 297
443+all information required pursuant to paragraph (b) and meets the 298
444+criteria set out in this subsection. The governing body agency 299
445+shall certify all applications that contain the information 300
446+
447+HB 685 2022
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454+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
455+
456+
457+
458+required pursuant to paragraph (b) and meet the criteria set out 301
459+in this subsection as eligible to receive an exemption. If 302
460+applicable, the agency shall also certify if 20 percent of the 303
461+employees of the business are residents of an enterprise zone, 304
462+excluding temporary and part -time employees. The certification 305
463+shall be in writing, and a copy of the certification shall be 306
464+transmitted to the executive director of the Department of 307
465+Revenue. The applicant shall be responsible for forwarding a 308
466+certified application to the department within 6 months after 309
467+the occurrence of the appropriate qualifying provision set out 310
468+in paragraph (f). 311
469+ (d) If, in a subsequent audit conducted by the department, 312
470+it is determined that the business did not meet the criteria 313
471+mandated in this subsection, the amount of tax es exempted shall 314
472+immediately be due and payable to the department by the 315
473+business, together with the appropriate interest and penalty, 316
474+computed from the due date of each bill for the electrical 317
475+energy, natural gas, or propane purchased as exempt under thi s 318
476+subsection, in the manner prescribed by this chapter. 319
477+ (e) The department shall adopt rules governing 320
478+applications for, issuance of, and the form of applications for 321
479+the exemption authorized in this subsection and provisions for 322
480+recapture of taxes exemp ted under this subsection, and the 323
481+department may establish guidelines as to qualifications for 324
482+exemption. 325
483+
484+HB 685 2022
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491+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
492+
493+
494+
495+ (f) For the purpose of the exemption provided in this 326
496+subsection, the term "qualified business" means a business which 327
497+is: 328
498+ 1. First occupying a n ew structure to which electrical , 329
499+natural gas, or propane service, other than that used for 330
500+construction purposes, has not been previously provided or 331
501+furnished; 332
502+ 2. Newly occupying an existing, remodeled, renovated, or 333
503+rehabilitated structure to which el ectrical, natural gas, or 334
504+propane service, other than that used for remodeling, 335
505+renovation, or rehabilitation of the structure, has not been 336
506+provided or furnished in the three preceding billing periods; or 337
507+ 3. Occupying a new, remodeled, rebuilt, renovate d, or 338
508+rehabilitated structure for which a refund has been granted 339
509+pursuant to paragraph (5)(g). 340
510+ (g) This subsection expires on the date specified in s. 341
511+290.016 for the expiration of the Florida Enterprise Zone Act, 342
512+except that: 343
513+ 1. Paragraph (d) shall n ot expire; and 344
514+ 2. Any qualified business which has been granted an 345
515+exemption under this subsection prior to that date shall be 346
516+allowed the full benefit of this exemption as if this subsection 347
517+had not expired on that date. 348
518+ Section 3. Subsections (2) a nd (3) of section 212.098, 349
519+Florida Statutes, are amended to read: 350
520+
521+HB 685 2022
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528+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
529+
530+
531+
532+ 212.098 Rural Job Tax Credit Program. — 351
533+ (2) A new eligible business may apply for a tax credit 352
534+under this subsection once at any time during its first year of 353
535+operation. A new eligible bu siness in a qualified area that has 354
536+at least 10 qualified employees on the date of application shall 355
537+receive a $2,500 $1,000 tax credit for each such employee. 356
538+ (3) An existing eligible business may apply for a tax 357
539+credit under this subsection at any time it is entitled to such 358
540+credit, except as restricted by this subsection. An existing 359
541+eligible business with fewer than 50 employees in a qualified 360
542+area that on the date of application has at least 10 20 percent 361
543+more qualified employees than it had 1 year before prior to its 362
544+date of application shall receive a $2,000 $1,000 tax credit for 363
545+each such additional employee. An existing eligible business 364
546+that has 50 employees or more in a qualified area that, on the 365
547+date of application, has at least 5 10 more qualified employees 366
548+than it had 1 year before prior to its date of application shall 367
549+receive a $1,500 $1,000 tax credit for each additional employee. 368
550+Any existing eligible business that received a credit under 369
551+subsection (2) may not apply for the credit under this 370
552+subsection sooner than 12 months after the application date for 371
553+the credit under subsection (2). 372
554+ Section 4. Paragraph (d) of subsection (1) of section 373
555+288.018, Florida Statutes, is amended to read: 374
556+ 288.018 Regional Rural Development Grants Progr am.— 375
557+
558+HB 685 2022
559+
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565+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
566+
567+
568+
569+ (1) 376
570+ (d) Grant funds received by a regional economic 377
571+development organization must be matched each year by nonstate 378
572+resources in an amount equal to 15 25 percent of the state 379
573+contribution. 380
574+ Section 5. Paragraph (b) of subsection (3) of section 381
575+288.019, Florida Statutes, is amended to read: 382
576+ 288.019 Rural considerations in grant review and 383
577+evaluation processes. —Notwithstanding any other law, and to the 384
578+fullest extent possible, the member agencies and organizations 385
579+of the Rural Economic Development Initiative (REDI) as defined 386
580+in s. 288.0656(6)(a) shall review all grant and loan application 387
581+evaluation criteria to ensure the fullest access for rural 388
582+counties as defined in s. 288.0656(2) to resources available 389
583+throughout the state. 390
584+ (3) Evaluation criteria and scoring procedures must 391
585+recognize the disparity of available fiscal resources for an 392
586+equal level of financial support from an urban county and a 393
587+rural county. 394
588+ (b) In-kind match should be allowed and applied as 395
589+financial match when a county is experiencing financial distress 396
590+through elevated unemployment at a rate in excess of the state's 397
591+average by 5 percentage points or because of the loss of its ad 398
592+valorem base. 399
593+ Section 6. Subsection (4) of section 288.047, Florida 400
594+
595+HB 685 2022
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602+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
603+
604+
605+
606+Statutes, is amended to read: 401
607+ 288.047 Quick-response training for economic development. — 402
608+ (4) For the first 3 6 months of each fiscal year, 403
609+CareerSource Florida, Inc., shall set aside 30 percent of the 404
610+amount appropriated by the Legislature for the Quick -Response 405
611+Training Program to fund instructional programs for businesses 406
612+located in a rural area of opportunity an enterprise zone or 407
613+brownfield area. Any unencumbered funds remaining undisbursed 408
614+from this set-aside at the end of the 3-month 6-month period may 409
615+be used to provide funding for a program that qualifies for 410
616+funding pursuant to this section. 411
617+ Section 7. Paragraph (c) of subsection (2) of section 412
618+288.065, Florida Statutes, is amended to read: 413
619+ 288.065 Rural Community Development Revolving Loan Fund. — 414
620+ (2) 415
621+ (c) All repayments of principal and interest shall be 416
622+returned to the loan fund and made available for loans to other 417
623+applicants. However, in a rural area of opportunity designated 418
624+by the Governor, and upon approval by the department, repayments 419
625+of principal and interest may be retained by the applicant if 420
626+such repayments are dedicated and matched to fund regionally 421
627+based economic development organizations representing the rural 422
628+area of opportunity. 423
629+ Section 8. Subsection (1), paragraphs (b), (c), and ( e) of 424
630+subsection (2), and subsection (3) of section 288.0655, Florida 425
631+
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639+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
640+
641+
642+
643+Statutes, are amended to read: 426
644+ 288.0655 Rural Infrastructure Fund. — 427
645+ (1) There is created within the department the Rural 428
646+Infrastructure Fund to facilitate the planning, preparing, an d 429
647+financing of infrastructure projects in rural communities which 430
648+will encourage job creation, capital investment, and the 431
649+strengthening and diversification of rural economies by 432
650+promoting tourism, trade, and economic development. 433
651+ (2) 434
652+ (b) To facilitate access of rural communities and rural 435
653+areas of opportunity as defined by the Rural Economic 436
654+Development Initiative to infrastructure funding programs of the 437
655+Federal Government, such as those offered by the United States 438
656+Department of Agriculture and the Un ited States Department of 439
657+Commerce, and state programs, including those offered by Rural 440
658+Economic Development Initiative agencies, and to facilitate 441
659+local government or private infrastructure funding efforts, the 442
660+department may award grants for up to 75 50 percent of the total 443
661+infrastructure project cost. Eligible projects must be related 444
662+to specific job-creation or job-retention opportunities. 445
663+Eligible uses of funds projects may also include improving any 446
664+inadequate infrastructure that has resulted in regu latory action 447
665+that prohibits economic or community growth, reducing the costs 448
666+to community users of proposed infrastructure improvements that 449
667+exceed such costs in comparable communities, and improving 450
668+
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676+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
677+
678+
679+
680+access to and the availability of broadband Internet se rvice. 451
681+Eligible uses of funds shall include improvements to public 452
682+infrastructure for industrial or commercial sites, upgrades to 453
683+or development of public tourism infrastructure, and 454
684+improvements to broadband Internet service and access in 455
685+unserved or underserved rural communities. Improvements to 456
686+broadband Internet service and access must be conducted through 457
687+a partnership or partnerships with one or more dealers, as 458
688+defined in s. 202.11(2), and the partnership or partnerships 459
689+must be established through a competitive selection process that 460
690+is publicly noticed. Authorized infrastructure may include the 461
691+following public or public -private partnership facilities: storm 462
692+water systems; telecommunications facilities; broadband 463
693+facilities; roads or other remedies to transportation 464
694+impediments; nature-based tourism facilities; or other physical 465
695+requirements necessary to facilitate tourism, trade, and 466
696+economic development activities in the community. Authorized 467
697+infrastructure may also include publicly or privately ow ned 468
698+self-powered nature-based tourism facilities, publicly owned 469
699+telecommunications facilities, and broadband facilities, and 470
700+additions to the distribution facilities of the existing natural 471
701+gas utility as defined in s. 366.04(3)(c), the existing electric 472
702+utility as defined in s. 366.02, or the existing water or 473
703+wastewater utility as defined in s. 367.021(12), or any other 474
704+existing water or wastewater facility, which owns a gas or 475
705+
706+HB 685 2022
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713+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
714+
715+
716+
717+electric distribution system or a water or wastewater system in 476
718+this state where: 477
719+ 1. A contribution-in-aid of construction is required to 478
720+serve public or public -private partnership facilities under the 479
721+tariffs of any natural gas, electric, water, or wastewater 480
722+utility as defined herein; and 481
723+ 2. Such utilities as defined herein a re willing and able 482
724+to provide such service. 483
725+ (c) To facilitate timely response and induce the location 484
726+or expansion of specific job creating opportunities, The 485
727+department may award grants of up to $300,000 for infrastructure 486
728+feasibility studies, design a nd engineering activities, or other 487
729+infrastructure planning and preparation activities. Authorized 488
730+grants shall be up to $50,000 for an employment project with a 489
731+business committed to create at least 100 jobs; up to $150,000 490
732+for an employment project with a business committed to create at 491
733+least 300 jobs; and up to $300,000 for a project in a rural area 492
734+of opportunity. Grants awarded under this paragraph may be used 493
735+in conjunction with grants awarded under paragraph (b) , provided 494
736+that the total amount of bot h grants does not exceed 30 percent 495
737+of the total project cost . In evaluating applications under this 496
738+paragraph, the department shall consider the extent to which the 497
739+application seeks to minimize administrative and consultant 498
740+expenses. 499
741+ (e) To enable local governments to access the resources 500
742+
743+HB 685 2022
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750+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
751+
752+
753+
754+available pursuant to s. 403.973(18), the department may award 501
755+grants for surveys, feasibility studies, and other activities 502
756+related to the identification and preclearance review of land 503
757+which is suitable for precleara nce review. Authorized grants 504
758+under this paragraph do not require a local match and may not 505
759+exceed $75,000 each, except in the case of a project in a rural 506
760+area of opportunity, in which case the grant may not exceed 507
761+$300,000. Any funds awarded under this p aragraph must be matched 508
762+at a level of 50 percent with local funds, except that any funds 509
763+awarded for a project in a rural area of opportunity must be 510
764+matched at a level of 33 percent with local funds. If an 511
765+application for funding is for a catalyst site, as defined in s. 512
766+288.0656, the requirement for local match may be waived pursuant 513
767+to the process in s. 288.06561. In evaluating applications under 514
768+this paragraph, the department shall consider the extent to 515
769+which the application seeks to minimize administr ative and 516
770+consultant expenses. 517
771+ (3) The department, in consultation with Enterprise 518
772+Florida, Inc., the Florida Tourism Industry Marketing 519
773+Corporation, the Department of Environmental Protection, and the 520
774+Florida Fish and Wildlife Conservation Commission, a s 521
775+appropriate, shall review and certify applications pursuant to 522
776+s. 288.061. The review shall include an evaluation of the 523
777+economic benefit of the projects and their long-term viability. 524
778+The department shall have final approval for any grant under 525
779+
780+HB 685 2022
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787+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
788+
789+
790+
791+this section. 526
792+ Section 9. Subsections (1), (4), and (5), paragraph (a) of 527
793+subsection (6), and paragraph (d) of subsection (8) of section 528
794+288.0656, Florida Statutes, are amended to read: 529
795+ 288.0656 Rural Economic Development Initiative. — 530
796+ (1)(a) Recognizing tha t rural communities and regions 531
797+continue to face extraordinary challenges in their efforts to 532
798+significantly improve their economies, specifically in terms of 533
799+personal income, job creation, average wages, and strong tax 534
800+bases, it is the intent of the Legisl ature to encourage and 535
801+facilitate the location and expansion of major economic 536
802+development projects of significant scale in such rural 537
803+communities. 538
804+ (b) The Rural Economic Development Initiative, known as 539
805+"REDI," is created within the department, and the participation 540
806+of state and regional agencies in this initiative is authorized. 541
807+In order to facilitate REDI review of rural communities and 542
808+regions, the department shall collect data, at least annually, 543
809+and report on state programs and their utilization and success 544
810+or lack thereof in rural communities or rural areas of 545
811+opportunity. The department shall use existing state agency data 546
812+when possible. 547
813+ (4) Beginning October 1, 2022, REDI shall review and 548
814+evaluate biannually the impact of statutes and rules on r ural 549
815+communities and shall work to minimize any adverse impact and 550
816+
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824+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
825+
826+
827+
828+undertake outreach and capacity -building efforts. Upon the 551
829+request of a rural community or rural area of opportunity, REDI 552
830+shall review a department determination regarding using state 553
831+programs and whether a business qualifies to use state programs. 554
832+REDI may override a department determination that a business is 555
833+not qualified to use state programs, and the department must 556
834+accept such decision. 557
835+ (5) Each REDI agency shall facilitate better a ccess to 558
836+state resources for rural communities by providing a designated 559
837+agency contract for promoting direct access and referrals to 560
838+appropriate state and regional agencies and statewide 561
839+organizations. REDI may undertake outreach, capacity -building, 562
840+and other advocacy efforts to improve conditions in rural 563
841+communities. These activities may include sponsorship of 564
842+conferences and achievement awards. REDI shall establish, 565
843+through the department, a direct -support organization to provide 566
844+such sponsorships and m ay raise private funds for such 567
845+activities. 568
846+ (6)(a) By August 1 of each year, the head of each of the 569
847+following agencies and organizations shall designate a deputy 570
848+secretary or higher-level staff person from within the agency or 571
849+organization to serve as t he REDI representative for the agency 572
850+or organization: 573
851+ 1. The Department of Transportation. 574
852+ 2. The Department of Environmental Protection. 575
853+
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861+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
862+
863+
864+
865+ 3. The Department of Agriculture and Consumer Services. 576
866+ 4. The Department of State. 577
867+ 5. The Department of He alth. 578
868+ 6. The Department of Children and Families. 579
869+ 7. The Department of Corrections. 580
870+ 8. The Department of Education. 581
871+ 9. The Department of Juvenile Justice. 582
872+ 10. The Fish and Wildlife Conservation Commission. 583
873+ 11. Each water management district. 584
874+ 12. Enterprise Florida, Inc. 585
875+ 13. CareerSource Florida, Inc. 586
876+ 14. VISIT Florida. 587
877+ 15. The Florida Regional Planning Council Association. 588
878+ 16. The Agency for Health Care Administration. 589
879+ 17. The Institute of Food and Agricultural Sciences 590
880+(IFAS). 591
881+ 592
882+An alternate for each designee shall also be chosen, and the 593
883+names of the designees and alternates shall be sent to the 594
884+Secretary of Economic Opportunity. 595
885+ (8) REDI shall submit a report to the department on all 596
886+REDI activities for the previous fiscal year a s a supplement to 597
887+the department's annual report required under s. 20.60. This 598
888+supplementary report must include: 599
889+ (d) Recommendations based on the review and evaluation of 600
890+
891+HB 685 2022
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898+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
899+
900+
901+
902+state programs and recommendations on statutes and rules having 601
903+an adverse impact on rural communities and proposals to mitigate 602
904+such adverse impacts. 603
905+ Section 10. Paragraph (b) of subsection (1) of section 604
906+288.1201, Florida Statutes, is amended to read: 605
907+ 288.1201 State Economic Enhancement and Development Trust 606
908+Fund.— 607
909+ (1) There is created within the Department of Economic 608
910+Opportunity the State Economic Enhancement and Development Trust 609
911+Fund. Moneys deposited in the trust fund shall be used for 610
912+infrastructure and job creation opportunities and for the 611
913+following purposes or programs : 612
914+ (b) Affordable housing programs and projects in accordance 613
915+with chapter 420, of which at least 10 percent of the funds 614
916+must be used for affordable housing programs in rural 615
917+communities; 616
918+ Section 11. Section 288.9941, Florida Statutes, is created 617
919+to read: 618
920+ 288.9941 Legislative findings and intent. — 619
921+ (1) The Legislature finds that while it is vital to the 620
922+overall health and growth of rural Florida's economy that small 621
923+businesses located in rural communities have access to capital, 622
924+that access is severely restricted by the lack of availability 623
925+of information and technical and financial assistance for those 624
926+small businesses. 625
927+
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935+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
936+
937+
938+
939+ (2) The Legislature further finds that small businesses 626
940+located in rural communities can be assisted through the 627
941+establishment of a Florida Microfinance Corporation designed to 628
942+work with the federal Small Business Administration and other 629
943+federal, state, local, and private agencies and institutions to 630
944+provide small businesses with information and technical and 631
945+financial assistance. 632
946+ (3) It is the intent of the Legislature to expand job 633
947+opportunities for Florida's workforce. 634
948+ (4) Furthermore, it is the intent of the Legislature to 635
949+avoid duplicating existing programs and to coordinate, assist, 636
950+augment, and improve the access to existing programs by small 637
951+businesses located in rural communities. 638
952+ Section 12. Section 288.9942, Florida Statutes, is created 639
953+to read: 640
954+ 288.9942 Definitions. —For purposes of ss. 288.9943 -641
955+288.9948, the term: 642
956+ (1) "Account" means the Florida Microfina nce Corporation 643
957+Guarantee Account. 644
958+ (2) "Applicant" means a small business requesting the 645
959+assistance of the corporation through the corporation's program. 646
960+ (3) "Board" means the board of directors of the 647
961+corporation. 648
962+ (4) "Corporation" means the Florida Microfinance 649
963+Corporation. 650
964+
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972+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
973+
974+
975+
976+ (5) "Department" means the Department of Economic 651
977+Opportunity. 652
978+ (6) "Financial institution" has the same meaning as in s. 653
979+655.005(1). 654
980+ (7) "President" means the chief executive officer of the 655
981+corporation. 656
982+ (8) "Small business" or "business" means any business, 657
983+regardless of corporate structure, that is domiciled in the 658
984+state, is located in a rural community as defined in s. 659
985+288.0656(2), employs fewer than 25 people, and has a net worth 660
986+of less than $6 million. As used in this subsection, the term 661
987+"domiciled in the state" means authorized to do business in the 662
988+state. 663
989+ Section 13. Section 288.9943, Florida Statutes, is created 664
990+to read: 665
991+ 288.9943 Florida Microfinance Corporation. — 666
992+ (1) The Florida Microfinance Corpora tion is created as a 667
993+nonprofit corporation under chapter 617 and must be organized on 668
994+a nonstock basis. 669
995+ (2) The purpose of the corporation is to expand employment 670
996+and income opportunities for residents in rural communities by: 671
997+ (a) Increasing small busi nesses' access to capital. 672
998+ (b) Providing small businesses with information and 673
999+technical assistance relating to business and financing 674
1000+opportunities and business techniques. 675
1001+
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1009+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1010+
1011+
1012+
1013+ (c) Providing small businesses with financial assistance 676
1014+through loan guarante es, direct loans, and other supporting 677
1015+investments. 678
1016+ (3) The corporation must create a program to: 679
1017+ (a) Provide small businesses with access to capital to 680
1018+increase job opportunities and productivity. 681
1019+ (b) Coordinate its efforts with programs and goals o f the 682
1020+federal Small Business Administration and other federal or state 683
1021+agencies and private organizations designed to provide technical 684
1022+assistance and access to capital to small businesses. 685
1023+ (c) Establish a network of contacts among public and 686
1024+private organizations to provide information, technical 687
1025+assistance, and access to capital to small businesses. 688
1026+ (d) Assemble, publish, and disseminate information to 689
1027+provide small businesses with access to capital, technical 690
1028+assistance, and sources of public and pri vate financial 691
1029+assistance. 692
1030+ (e) Organize and host seminars to provide technical 693
1031+assistance to small businesses. 694
1032+ (f) Insure, coinsure, lend, guarantee loans, make 695
1033+investments, offer microloans, and originate for sale microloans 696
1034+extended to small business es pursuant to criteria set forth in 697
1035+bylaws and policies adopted by the board. 698
1036+ (4) The corporation may charge fees, as determined by the 699
1037+board, to defray the operating expenses of the program. The 700
1038+
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1046+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1047+
1048+
1049+
1050+financial operations of the corporation must be managed t o 701
1051+promote financial self -sufficiency for the corporation. 702
1052+ (5) In determining the total amount of funds to be 703
1053+released from the account for loans, guarantees, investments, 704
1054+direct loan originations for sale, and insured transactions, the 705
1055+corporation may not release more than four times the amount of 706
1056+the balance of the account. 707
1057+ Section 14. Section 288.9944, Florida Statutes, is created 708
1058+to read: 709
1059+ 288.9944 Board of directors; powers; duties. — 710
1060+ (1)(a) The corporation shall have a board of directors 711
1061+consisting of 10 members representing various geographic areas 712
1062+of the state. Minority and gender representation shall be 713
1063+considered when making appointments to the board. At least one -714
1064+third of the members must have experience in direct lending to 715
1065+small businesses. The board membership must include: 716
1066+ 1. The president or chief executive officer of a statewide 717
1067+economic development lender with experience in direct lending to 718
1068+small businesses, appointed by the Governor. 719
1069+ 2. The president or chief executive officer o f two small 720
1070+businesses from rural communities, appointed by the Governor. 721
1071+ 3. The president or chief executive officer of a statewide 722
1072+entity devoted to providing assistance to small businesses, 723
1073+appointed by the Governor. 724
1074+ 4. Seven other members, appointe d by the board. 725
1075+
1076+HB 685 2022
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1083+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1084+
1085+
1086+
1087+ (b) Board members shall serve 4 -year terms and shall be 726
1088+eligible for reappointment. Vacancies on the board shall be 727
1089+filled by the board within 30 days after the effective date of 728
1090+the vacancy. 729
1091+ (c) Board members shall serve without compen sation but may 730
1092+be reimbursed for all necessary expenses in the performance of 731
1093+their duties, including attending board meetings and conducting 732
1094+board business. 733
1095+ (d) The board shall hold regularly scheduled meetings, at 734
1096+least quarterly, to carry out the obje ctives and 735
1097+responsibilities of the corporation. 736
1098+ (2)(a) The board must develop an application and review 737
1099+process for small businesses to use in applying for insurance, 738
1100+coinsurance, loans, loan guarantees, investments, or direct loan 739
1101+originations for sale. 740
1102+ (b) The board must approve any extension of insurance, 741
1103+coinsurance, loans, loan guarantees, investments, or direct loan 742
1104+originations for sale that is made under this part if an 743
1105+applicant meets the criteria established by the board. 744
1106+ (3) The board must ensure that the program it establishes, 745
1107+to the extent practicable, is not duplicative of existing, 746
1108+complementary programs and makes full use of the resources of 747
1109+those other programs. 748
1110+ (4) The board must work to secure delegated authority from 749
1111+appropriate federal or state agencies and private organizations 750
1112+
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1120+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1121+
1122+
1123+
1124+in order to take advantage of other sources of assistance for 751
1125+small businesses. 752
1126+ Section 15. Section 288.9945, Florida Statutes, is created 753
1127+to read: 754
1128+ 288.9945 President of the corporation; powers; du ties.— 755
1129+ (1) The board shall appoint a president of the 756
1130+corporation. The president must be knowledgeable of public and 757
1131+private small business financial assistance programs. 758
1132+ (2) The president serves at the pleasure of the board and 759
1133+shall receive a salary and benefits as shall be fixed by the 760
1134+board. 761
1135+ (3) The president shall administer the program of the 762
1136+corporation and perform such duties as shall be delegated by the 763
1137+board. 764
1138+ (4) The president may, upon approval of the board: 765
1139+ (a) Contract for services. 766
1140+ (b) Hold public hearings. 767
1141+ (c) Call upon and reimburse any state agency or department 768
1142+for services rendered in assisting or carrying out the program. 769
1143+ (d) Participate in public and private programs that offer 770
1144+technical assistance, loans, technology tran sfer, or any other 771
1145+related services 772
1146+ (e) Undertake or commission studies on methods to increase 773
1147+financial assistance resources available to small businesses. 774
1148+ (f) Hire staff and provide small business finance training 775
1149+
1150+HB 685 2022
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1157+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1158+
1159+
1160+
1161+for the staff and other individuals involved in small business 776
1162+financial assistance, including such training sessions as may be 777
1163+provided by the federal Small Business Administration and other 778
1164+federal or state agencies and private organizations. 779
1165+ (g) Exercise any other powers as may be nece ssary to carry 780
1166+out the purposes of this part. 781
1167+ (5) The president shall provide staff to the board as 782
1168+requested. 783
1169+ (6) The president must submit an annual budget to be 784
1170+approved by the board. 785
1171+ Section 16. Section 288.9946, Florida Statutes, is created 786
1172+to read: 787
1173+ 288.9946 Board policies and bylaws. —The board shall adopt: 788
1174+ (1) Policies and bylaws necessary to carry out its 789
1175+responsibilities relating to the implementation of the 790
1176+corporation's program to insure, coinsure, lend, invest, provide 791
1177+loan guarantees, and make direct, guaranteed, or collateralized 792
1178+loans to small businesses before the corporation releases funds 793
1179+from the account. 794
1180+ (2) Policies to establish eligibility criteria for small 795
1181+businesses to receive assistance from the corporation, including 796
1182+policies to: 797
1183+ (a) Ensure that an individual signing on behalf of an 798
1184+applicant has equity in the applicant. 799
1185+ (b) Ensure that the program exclusively supports small 800
1186+
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1194+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1195+
1196+
1197+
1198+businesses and that a small business's funding from the 801
1199+corporation remains unaffected if th e small business changes its 802
1200+name or experiences personnel changes. 803
1201+ (c) Ensure the full repayment of loans and loan 804
1202+guarantees, plus accrued interest, full -recourse claims, and 805
1203+indemnities on direct loan originations sold by the corporation, 806
1204+appropriate liquidation of any investments, and the solvency of 807
1205+any insurance and coinsurance program extended under this part. 808
1206+ (d) Establish the terms and limits for loans, guarantees, 809
1207+investments, and direct loan originations. However, a loan 810
1208+guarantee may not exc eed 90 percent of the guaranteed loan, and 811
1209+outstanding direct loans or investments may not exceed $50,000 812
1210+per small business. 813
1211+ (e) Ensure that small businesses receiving assistance 814
1212+through the program do not receive more than $100,000 in funds 815
1213+over any 5-year period. On a case -by-case basis, the board may 816
1214+exempt small businesses from this limitation if the small 817
1215+business demonstrates that it cannot secure financing from other 818
1216+sources. 819
1217+ Section 17. Section 288.9947, Florida Statutes, is created 820
1218+to read: 821
1219+ 288.9947 Florida Microfinance Corporation Guarantee 822
1220+Account.— 823
1221+ (1) The board shall create the Florida Microfinance 824
1222+Corporation Guarantee Account to receive federal, state, and 825
1223+
1224+HB 685 2022
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1231+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1232+
1233+
1234+
1235+private financial resources, to receive returns from loans or 826
1236+investments previously granted or issued, and for other purposes 827
1237+consistent with this part. The account is under the exclusive 828
1238+control of the board. 829
1239+ (2) Funds in the account shall be allocated for operating 830
1240+expenses of the corporation and for other purposes authorized in 831
1241+this part. 832
1242+ (3) All funds for the corporation shall be deposited into 833
1243+the account. 834
1244+ (a) The board may deposit a portion of the funds in the 835
1245+account with the state or any state or federally chartered 836
1246+financial institution in the state and may invest th e remaining 837
1247+portion in permissible securities. 838
1248+ (b) At all times, the board must attempt to maximize the 839
1249+returns on funds. 840
1250+ (c) The board must redeposit into the account all funds it 841
1251+receives from any activity of the corporation, which must be 842
1252+reallocated exclusively to support the purposes of this part. 843
1253+ (4) Claims against the account shall be paid solely from 844
1254+the account. The credit of the state may not be pledged, other 845
1255+than funds appropriated by law to the account, and the state is 846
1256+not liable or obligated in any way for claims on the account or 847
1257+against the corporation. 848
1258+ Section 18. Section 288.9948, Florida Statutes, is created 849
1259+to read: 850
1260+
1261+HB 685 2022
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1268+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1269+
1270+
1271+
1272+ 288.9948 Annual report. —By March 31 of each year, the 851
1273+corporation shall submit an annual report to the departme nt that 852
1274+evaluates the activities of the corporation and makes 853
1275+recommendations for changes. The report must also include the 854
1276+corporation's impact on the following: 855
1277+ (1) Participation of financial institutions and other 856
1278+private organizations and individuals in the corporation's small 857
1279+business financing program. 858
1280+ (2) The success of small businesses in the state in 859
1281+accessing federal financing programs. 860
1282+ (3) A summary of the financial and employment results of 861
1283+small businesses that utilize the corporation's p rogram. 862
1284+ (4) The corporation's assets and liabilities at the end of 863
1285+its most recent fiscal year. 864
1286+ (5) Other economic and social benefits provided by the 865
1287+corporation. 866
1288+ Section 19. Paragraph (a) of subsection (9) of section 867
1289+290.0056, Florida Statutes, i s amended to read: 868
1290+ 290.0056 Enterprise zone development agency. — 869
1291+ (9) The following powers and responsibilities shall be 870
1292+performed by the governing body creating the enterprise zone 871
1293+development agency acting as the managing agent of the 872
1294+enterprise zone development agency, or, contingent upon approval 873
1295+by such governing body, such powers and responsibilities shall 874
1296+be performed by the enterprise zone development agency: 875
1297+
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1305+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1306+
1307+
1308+
1309+ (a) To review, process, and certify applications for state 876
1310+enterprise zone tax incenti ves pursuant to ss. 212.08(5) (g), 877
1311+(h), and (15),; 212.096,; 220.181,; and 220.182. 878
1312+ Section 20. Section 290.007, Florida Statutes, is amended 879
1313+to read: 880
1314+ 290.007 State incentives available in enterprise and 881
1315+opportunity zones.—The following incentives are provided by the 882
1316+state to encourage the revitalization of enterprise and 883
1317+opportunity zones: 884
1318+ (1) The enterprise zone jobs credit provided in s. 885
1319+220.181. 886
1320+ (2) The enterprise zone property tax credit provided in s. 887
1321+220.182. 888
1322+ (3) The community contribution tax credits provided in ss. 889
1323+212.08, 220.183, and 624.5105. 890
1324+ (4) The sales tax exemption for building materials used in 891
1325+the rehabilitation of real property in opportunity enterprise 892
1326+zones provided in s. 212.08(5)(g). 893
1327+ (5) The sales tax exemption for business equipment used in 894
1328+an enterprise zone provided in s. 212.08(5)(h). 895
1329+ (6) The sales tax exemption for electrical energy , natural 896
1330+gas, or propane used in an opportunity enterprise zone provided 897
1331+in s. 212.08(15). 898
1332+ (7) The enterprise zone jobs credit against the sales tax 899
1333+provided in s. 212.096. 900
1334+
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1342+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1343+
1344+
1345+
1346+ (8) Notwithstanding any law to the contrary, the Public 901
1347+Service Commission may allow public utilities and 902
1348+telecommunications companies to grant discounts of up to 50 903
1349+percent on tariffed rates for services to small businesses 904
1350+located in an enterprise zone designated pursuant to s. 905
1351+290.0065. Such discounts may be granted for a period not to 906
1352+exceed 5 years. For purposes of this subsection, the term 907
1353+"public utility" has the same meaning as in s. 366.02(1) and the 908
1354+term "telecommunications company" has the same meaning as in s. 909
1355+364.02(13). 910
1356+ Section 21. This act shall take effect July 1, 2022. 911