SB 800 — Economic Development

Florida Senate - 2022 CS for SB 800 26-00637-22593-02949-22 2022800__2022800c1 taxesto arethe documentedsworn statement provided by athe general contractor or by the applicantapplicant. in this manner, the cost of the building materials is deemed to be an amount equal to 40 percent of the increase in assessed value for ad valorem tax purposes.

Unless the actual cost of building materials used in the rehabilitation of real property and the payment of sales taxes are documented by a general contractor or by the applicant in this manner, the cost of the building materials is deemed to be an amount equal to 40 percent of the increase in assessed value for ad valorem tax purposes.

Only one exemption through a refund of previously paid taxesPage for6 the rehabilitation of real28 propertyCODING: is allowed for any single parcel of real property unless there is a change in ownership, a new lessor, or a new lessee of the real property.

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Florida Senate - 2022 CS for SB 800 26-00637-22593-02949-22 2022800__2022800c1 refundtaxes mayfor notthe berehabilitation grantedof real property is allowed for any single parcel of real property unless thethere amountis toa bechange refundedin exceedsownership, $500.a new lessor, or a new lessee of the real property.

A refund may not exceedbe thegranted lesserunless of 97 percent of the Floridaamount sales or use tax paid on the cost of the building materials used in the rehabilitation of the real property, as determined pursuant to sub-subparagraphbe 1.e.,refunded orexceeds $7,500.$500.

A refund may not exceed the lesser of 97 percent of the Florida sales or use tax paid on the cost of the building materials used in the rehabilitation of the real property, as determined pursuant to sub-subparagraph 2.e., or $7,500.

(19) ELECTRICAL ENERGY USED IN AN OPPORTUNITY ZONE.— (a) Beginning July 1, 2023, a qualified business that uses electrical energyenergy, natural gas, or propane at a fixed location in an opportunity zone in a municipality that has enacted an ordinance pursuant to s.

The application mustPage be7 made under oath and include all of the28 following:CODING:

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Florida Senate - 2022 CS for SB 800 593-02949-22 2022800c1 must be made under oath and include all of the following:

The census tract number of the opportunity zone in which Pagethe 7business ofis 26located. CODING:

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Florida Senate - 2022 SB 800 26-00637-22 2022800__ the business is located.

The date on which electricalelectrical, natural gas, or propane service is to be first initiated at the business.

The name and mailing address of the entity from which electrical energyenergy, natural gas, or propane is to be purchased.

(d) If, in a subsequent audit conducted by the department, it is determined that the business did not meet the criteria mandated in this subsection, the amount of taxes exempted shall immediately be due and payable to the department by the business, together with the appropriate interest and penalty, computed from the due date of each bill for the electrical energyenergy, natural gas, or propane purchased as exempt under this subsection, in the manner prescribed by this chapter.

(f) For the purpose of the exemption provided in this subsection, the term “qualified business” means a business that is:Page 8 of 28 CODING:

1.

First occupying a new structure to which electrical service, other than that used for construction purposes, has not Page 8 of 26 CODING:

Florida Senate - 2022 CS for SB 800 26-00637-22593-02949-22 2022800__2022800c1 beenis: previously provided or furnished;

1.

First occupying a new structure to which electrical, natural gas, or propane service, other than that used for construction purposes, has not been previously provided or furnished;

Newly occupying an existing, remodeled, renovated, or rehabilitated structure to which electricalelectrical, natural gas, or propane service, other than that used for remodeling, renovation, or rehabilitation of the structure, has not been provided or furnished in the three preceding billing periods;

SubsectionsParagraph (2)(d) andof (3)subsection (1) of section 212.098,288.018, Florida Statutes, areis amended to read:

212.098288.018 Regional Rural JobDevelopment TaxGrants Credit Program.— (2)(1) A(d) newGrant eligiblefunds businessreceived mayby applya forregional aeconomic taxdevelopment creditorganization undermust thisbe subsectionmatched onceeach atyear anyby timenonstate duringfinancial itsor firstin-kind yearcontributions resources in an amount equal to 15 25 percent of operation.the state contribution.

ASection new5. eligible business in a qualified area that has at least 10 qualified employees on the date of application shall receive a $2,500 $1,000 tax credit for each such employee.

(3)Paragraph An(c) existingof eligiblesubsection business(2) mayof applysection for288.065, aFlorida taxStatutes, credit under this subsection at any time it is entitledamended to suchread: credit, except as restricted by this subsection.

An288.065 existingRural eligibleCommunity businessDevelopment withRevolving fewerLoan thanFund.— 50(2) employees(c) inAll arepayments qualified area that on the date of applicationprincipal hasand atinterest leastshall 10be 20returned percent more qualified employees than it had 1 year before prior to itsthe dateloan offund applicationand shallmade receiveavailable a $2,000 $1,000 tax credit for eachloans suchto additionalother employee.applicants.

AnHowever, existing eligible business that has 50 employees or more in a qualifiedrural area that, on the date of application,opportunity hasdesignated atby leastthe 5Governor, 10and moreupon qualifiedapproval employeesby thanthe itdepartment, hadrepayments 1Page year9 before prior to its date of application28 shallCODING: receive a $1,500 $1,000 tax credit for each additional employee.

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Florida Senate - 2022 CS for SB 800 26-00637-22593-02949-22 2022800__2022800c1 Anyof existingprincipal eligibleand businessinterest thatmay receivedbe aretained creditby underthe subsectionapplicant (2)if maysuch notrepayments applyare fordedicated theand creditmatched underto thisfund subsectionregionally soonerbased thaneconomic 12development monthsorganizations afterrepresenting the applicationrural datearea forof theopportunity. credit under subsection (2).

Section 5.6.

Subsection (1), paragraphs (b), (c), and (e) of subsection (2), and subsection (3) of section 288.0655, Florida Statutes, are amended to read:

288.0655 Rural Infrastructure Fund.— (1) There is created within the department the Rural Infrastructure Fund to facilitate the planning, preparing, and financing of infrastructure projects in rural communities which will encourage job creation, capital investment, and the strengthening and diversification of rural economies by promoting tourism, trade, and economic development.

(2) (b) To facilitate access of rural communities and rural areas of opportunity as defined by the Rural Economic Development Initiative to infrastructure funding programs of the Federal Government, such as those offered by the United States Department of Agriculture and the United States Department of Commerce, and state programs, including those offered by Rural Economic Development Initiative agencies, and to facilitate local government or private infrastructure funding efforts, the department may award grants for up to 75 50 percent of the total infrastructure project cost, or up to 100 percent of the total infrastructure project cost for a project that is located in a rural community as defined in s.

288.0656(2)(e) or a rural area of opportunity as defined in s.

288.0656(2)(d) and that is also located in a fiscally constrained county as defined in s.

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Florida Senate - 2022 CS for SB 800 593-02949-22 2022800c1 218.67(1).

Eligible projects must be related to specific job- creation or job-retention opportunities.

Eligible uses of funds projects may also include improving any inadequate infrastructure that has resulted in regulatory action that prohibits economic or community growth, reducing the costs to community users of proposed infrastructure improvements that exceed such costs in comparable communities, and improving access to and the availability of broadband Internet service.

Eligible uses of funds shall include improvements to public infrastructure for industrial or commercial sites, upgrades to or development of public tourism infrastructure, and improvements to broadband Internet service and access in unserved or underserved rural communities.

Improvements to broadband Internet service and access must be conducted through a partnership or partnerships with one or more dealers, as defined in s.

202.11(2), and the partnership or partnerships must be established through a competitive selection process that is publicly noticed.

Authorized infrastructure may include the following public or public-private partnership facilities:

storm water systems;

telecommunications facilities;

broadband facilities;

roads or other remedies to transportation impediments;

nature-based tourism facilities;

or other physical requirements necessary to facilitate tourism, trade, and economic development activities in the community.

Authorized infrastructure may also include publicly or privately owned self-powered nature-based tourism facilities, publicly owned telecommunications facilities, and broadband facilities, and additions to the distribution facilities of the existing natural gas utility as defined in s.

366.04(3)(c), the existing electric Page 11 of 28 CODING:

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Florida Senate - 2022 CS for SB 800 593-02949-22 2022800c1 utility as defined in s.

366.02, or the existing water or wastewater utility as defined in s.

367.021(12), or any other existing water or wastewater facility, which owns a gas or electric distribution system or a water or wastewater system in this state where:

1.

A contribution-in-aid of construction is required to serve public or public-private partnership facilities under the tariffs of any natural gas, electric, water, or wastewater utility as defined herein;

and 2.

Such utilities as defined herein are willing and able to provide such service.

(c) To facilitate timely response and induce the location or expansion of specific job creating opportunities, The department may award grants of up to $300,000 for infrastructure feasibility studies, design and engineering activities, or other infrastructure planning and preparation activities.

Authorized grants shall be up to $50,000 for an employment project with a business committed to create at least 100 jobs;

up to $150,000 for an employment project with a business committed to create at least 300 jobs;

and up to $300,000 for a project in a rural area of opportunity.

Grants awarded under this paragraph may be used in conjunction with grants awarded under paragraph (b), provided that the total amount of both grants does not exceed 30 percent of the total project cost.

In evaluating applications under this paragraph, the department shall consider the extent to which the application seeks to minimize administrative and consultant expenses.

(e) To enable local governments to access the resources available pursuant to s.

403.973(18), the department may award Page 12 of 28 CODING:

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Florida Senate - 2022 CS for SB 800 593-02949-22 2022800c1 grants for surveys, feasibility studies, and other activities related to the identification and preclearance review of land which is suitable for preclearance review.

Authorized grants under this paragraph do not require a local match and may not exceed $75,000 each, except in the case of a project in a rural area of opportunity, in which case the grant may not exceed $300,000.

Any funds awarded under this paragraph must be matched at a level of 50 percent with local funds, except that any funds awarded for a project in a rural area of opportunity must be matched at a level of 33 percent with local funds.

If an application for funding is for a catalyst site, as defined in s.

288.0656, the requirement for local match may be waived pursuant to the process in s.

288.06561.

In evaluating applications under this paragraph, the department shall consider the extent to which the application seeks to minimize administrative and consultant expenses.

(3) The department, in consultation with Enterprise Florida, Inc., the Florida Tourism Industry Marketing Corporation, the Department of Environmental Protection, and the Florida Fish and Wildlife Conservation Commission, as appropriate, shall review and certify applications pursuant to s.

288.061.

The review shall include an evaluation of the economic benefit of the projects and their long-term viability.

The department shall have final approval for any grant under this section.

Section 7.

(a)Page “Account”13 meansof the28 EconomicCODING: Development Incentives Account within the Economic Development Trust Fund established under s.

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Florida Senate - 2022 CS for SB 800 593-02949-22 2022800c1 (a) “Account” means the Economic Development Incentives Account within the Economic Development Trust Fund established under s.

(e) “Corporate headquarters business” means an international, national, or regional headquarters office of a Pagemultinational 10or ofmultistate 26business CODING:enterprise or national trade association, whether separate from or connected with other facilities used by such business.

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Florida Senate - 2022 SB 800 26-00637-22 2022800__ multinational or multistate business enterprise or national trade association, whether separate from or connected with other facilities used by such business.

(h)Page “Jobs”14 meansof full-time28 equivalentCODING: positions, including, but not limited to, positions obtained from a temporary employment agency or employee leasing company or through a union agreement or coemployment under a professional employer organization agreement, that result directly from a project in this state.

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Florida Senate - 2022 CS for SB 800 593-02949-22 2022800c1 (h) “Jobs” means full-time equivalent positions, including, but not limited to, positions obtained from a temporary employment agency or employee leasing company or through a union agreement or coemployment under a professional employer organization agreement, that result directly from a project in this state.

(j) “Local financial support exemption option” means the option to exercise an exemption from the local financial support Pagerequirement 11available ofto 26any CODING:applicant whose project is located in a brownfield area, a rural city, or a rural community.

Any applicant that exercises this option is not eligible for more than 80 percent of the total tax refunds allowed such applicant under this section.

(k) “New business” means a business that applies for a tax refund under this section before beginning operations in this state and that is a legal entity separate from any other Page 15 of 28 CODING:

Florida Senate - 2022 CS for SB 800 26-00637-22593-02949-22 2022800__2022800c1 requirementcommercial availableor toindustrial anyoperations applicantowned whoseby projectthe issame locatedbusiness. in a brownfield area, a rural city, or a rural community.

Any applicant that exercises this option is not eligible for more than 80 percent of the total tax refunds allowed such applicant under this section.

(k) “New business” means a business that applies for a tax refund under this section before beginning operations in this state and that is a legal entity separate from any other commercial or industrial operations owned by the same business.

PageFor 12purposes of 26this CODING:paragraph, population shall be determined in accordance with the most recent official estimate pursuant to s.

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Florida Senate - 2022 SB 800 26-00637-22 2022800__ For purposes of this paragraph, population shall be determined in accordance with the most recent official estimate pursuant to s.

366.02(2);Page 16 of 28 CODING:

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Florida Senate - 2022 CS for SB 800 593-02949-22 2022800c1 366.02(2);

Any business in NAICS code 5611 or 5614, office administrative services and business support services, respectively, may be considered a target industry business only after the local governing body and Enterprise Florida, Inc., determine that the community where the business may locate has conditions affecting the fiscal and economic viability of the local community or area, includingincluding, but not limited to, such factors as low per capita income, high unemployment, high underemployment, and a lack of year-round stable employment opportunities, and such conditions may be improved by the location of such a business to the community.

By January 1 of every 3rd year, beginning January 1, 2023, the department, in consultation with Enterprise Florida, Inc., economic development organizations, the State University System, local governments, employee and employer organizations, market analysts, and economists, shall review and, as appropriate, revise the list of such target industries and submit the list to Pagethe 13Governor, the President of 26the CODING:Senate, and the Speaker of the House of Representatives.

(q) “Taxable year” has the same meaning as provided in s.

220.03(1)(y).

(2) DESIGNATION OF TARGET INDUSTRIES.—In identifying target industries, the department, in consultation with Enterprise Florida, Inc., shall consider the following criteria:

(a) Future growth.—Whether industry forecasts indicate Page 17 of 28 CODING:

Florida Senate - 2022 CS for SB 800 26-00637-22593-02949-22 2022800__2022800c1 thestrong Governor,expectation thefor Presidentfuture ofgrowth thein Senate,both employment and theoutput, Speakeraccording ofto the Housemost ofrecent Representatives.available data.

(q) “Taxable year” means taxable year as defined in s.

220.03(1)(y).

(2) DESIGNATION OF TARGET INDUSTRIES.—In identifying target industries, the department in consultation with Enterprise Florida, Inc., shall consider the following criteria:

(a) Future growth.—Whether industry forecasts indicate strong expectation for future growth in both employment and output, according to the most recent available data.

(e) Industrial base diversification and strengthening.— Whether the industry is contributing toward expanding or diversifying the state’s or area’s economic base, as indicated by analysis of the industry’s share of employment and output, Pagecompared 14to ofnational 26and CODING:regional trends.

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Florida Senate - 2022 SB 800 26-00637-22 2022800__ compared to national and regional trends.

(f) Positive economic impact.—Whether the industry is expectedPage to18 haveof strong28 positiveCODING: economic impacts on or benefits to the state or regional economies.

SpecialWords considerationstricken mustare bedeletions; given to industries that facilitate the development of the state as a hub for domestic and global trade and logistics.

words underlined are additions.

Florida Senate - 2022 CS for SB 800 593-02949-22 2022800c1 expected to have strong positive economic impacts on or benefits to the state or regional economies.

Special consideration must be given to industries that facilitate the development of this state as a hub for domestic and global trade and logistics.

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Florida Senate - 2022 SB 800 26-00637-22 2022800__ a.

c.Page 19 of 28 CODING:

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Florida Senate - 2022 CS for SB 800 593-02949-22 2022800c1 c.

(e) Refunds made available under this section may not be expended in connection with the relocation of a business from Pageone 16community ofto 26another CODING:community in this state unless the department determines that, without such relocation, the business will move outside this state, or it determines that the business has a compelling economic rationale for relocation and that the relocation will create additional jobs.

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Florida Senate - 2022 SB 800 26-00637-22 2022800__ one community to another community in this state unless the department determines that, without such relocation, the business will move outside this state, or it determines that the business has a compelling economic rationale for relocation and that the relocation will create additional jobs.

Is liable for repayment of the amount of the refund to thePage account,20 plus a mandatory penalty in the amount of 20028 percentCODING: of the tax refund.

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Florida Senate - 2022 CS for SB 800 593-02949-22 2022800c1 the account, plus a mandatory penalty in the amount of 200 percent of the tax refund.

As used in this paragraph, the term “NAICS” means those classifications contained in the North American Industry PageClassification 17System, as published in 2007 by the Office of 26Management CODING:and Budget, Executive Office of the President, and updated periodically.

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Florida Senate - 2022 SB 800 26-00637-22 2022800__ Classification System, as published in 2007 by the Office of Management and Budget, Executive Office of the President, and updated periodically.

If more than one type of business activity or product is included in the project, the number of jobs and averagePage wage21 for those jobs must be separately stated for each type of business28 activityCODING: or product.

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Florida Senate - 2022 CS for SB 800 593-02949-22 2022800c1 average wage for those jobs must be separately stated for each type of business activity or product.

Before the passage of such resolution, Pagethe 18department may also accept an official letter from an authorized local economic development agency which endorses the proposed target industry project and pledges that sources of 26local CODING:financial support for such project exist.

For the purposes of making pledges of local financial support under this subparagraph, the local governing board shall pass a one-time resolution officially designating the authorized local economic development agency.

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Florida Senate - 2022 CS for SB 800 26-00637-22593-02949-22 2022800__2022800c1 the11. department may also accept an official letter from an authorized local economic development agency that endorses the proposed target industry project and pledges that sources of local financial support for such project exist.

For the purposes of making pledges of local financial support under this subparagraph, the local governing board shall pass a one-time resolution officially designating the authorized local economic development agency.

11.

Whether the business activity or project is in an industry identified by the department as a target industry Pagebusiness 19that contributes to the economic growth of 26this CODING:state and the area in which the business is located, produces a higher standard of living for residents of this state in the new global economy, or can be shown to make an equivalent contribution to the area’s and this state’s economic progress.

8.

A review of the business’ past activities in this state or other states, including whether the business has been subjected to criminal or civil fines and penalties.

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Florida Senate - 2022 CS for SB 800 26-00637-22593-02949-22 2022800__2022800c1 businesssubparagraph thatdoes contributesnot torequire the economicdisclosure growth of theconfidential stateinformation. and the area in which the business is located, produces a higher standard of living for residents of this state in the new global economy, or can be shown to make an equivalent contribution to the area’s and state’s economic progress.

8.

A review of the business’s past activities in this state or other states, including whether the business has been subjected to criminal or civil fines and penalties.

This subparagraph does not require the disclosure of confidential information.

A letter of certification that approves an application must specify the maximum amount of tax Pagerefund 20that will be available to the qualified target industry business in each fiscal year and the total amount of 26tax CODING:refunds that will be available to the business for all fiscal years.

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Florida Senate - 2022 SB 800 26-00637-22 2022800__ refund that will be available to the qualified target industry business in each fiscal year and the total amount of tax refunds that will be available to the business for all fiscal years.

(5)Page ANNUAL24 CLAIM FOR REFUND.— (a) To be eligible to claim any scheduled tax refund, a qualified target industry business must apply by January 31 of each28 fiscalCODING: year to the department for the tax refund scheduled to be paid from the appropriation for the fiscal year that begins on July 1 following the January 31 claims-submission date.

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Florida Senate - 2022 CS for SB 800 593-02949-22 2022800c1 (5) ANNUAL CLAIM FOR REFUND.— (a) To be eligible to claim any scheduled tax refund, a qualified target industry business must apply by January 31 of each fiscal year to the department for the tax refund scheduled to be paid from the appropriation for the fiscal year that begins on July 1 following the January 31 claims-submission date.

If the local Pagefinancial 21support provided is less than 20 percent of 26the CODING:approved tax refund, the tax refund must be reduced.

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Florida Senate - 2022 SB 800 26-00637-22 2022800__ financial support provided is less than 20 percent of the approved tax refund, the tax refund must be reduced.

(e) The department, with such assistance as may be required fromPage the25 Department of Revenue,28 shall,CODING: by June 30 following the scheduled date for submission of the tax refund claim, specify by written order the approval or disapproval of the tax refund claim and, if approved, the amount of the tax refund authorized to be paid to the qualified target industry business.

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Florida Senate - 2022 CS for SB 800 593-02949-22 2022800c1 from the Department of Revenue, shall, by June 30 following the scheduled date for submission of the tax refund claim, specify by written order the approval or disapproval of the tax refund claim and, if approved, the amount of the tax refund authorized to be paid to the qualified target industry business.

(6) ADMINISTRATION.— (a) The department may verify information provided in any Pageclaim 22submitted for tax credits under this section with regard to employment and wage levels or the payment of 26the CODING:taxes to the appropriate agency or authority, including the Department of Revenue or any local government or authority.

(b) To facilitate the process of monitoring and auditing applications made under this section, the department may provide a list of qualified target industry businesses to the Department of Revenue or to any local government or authority.

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Florida Senate - 2022 CS for SB 800 26-00637-22593-02949-22 2022800__2022800c1 claimdepartment submittedmay forrequest taxthe creditsassistance underof thisthose sectionentities with regardrespect to employmentmonitoring andjobs, wagewages, levelsand or the payment of the taxes tolisted thein appropriatesubsection agency(3). or authority, including the Department of Revenue or any local government or authority.

(b) To facilitate the process of monitoring and auditing applications made under this section, the department may provide a list of qualified target industry businesses to the Department of Revenue or to any local government or authority.

The department may request the assistance of those entities with respect to monitoring jobs, wages, and the payment of the taxes listed in subsection (3).

Section 6.8.

288.066, 288.1045, and 288.106,288.106 and local financial support provided under ss.

288.1045 and 288.106, and local financial support provided under ss.

Moneys in the Economic Development Incentives Account Pageshall 23be ofsubject 26to CODING:the provisions of s.

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Florida Senate - 2022 SB 800 26-00637-22 2022800__ shall be subject to the provisions of s.

(b) The total amount of tax refund claims approved for payment by the department based on actual project performance mayPage not27 exceedof the28 amountCODING: appropriated to the Economic Development Incentives Account for such purposes for the fiscal year.

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Florida Senate - 2022 CS for SB 800 593-02949-22 2022800c1 may not exceed the amount appropriated to the Economic Development Incentives Account for such purposes for the fiscal year.

(d) The department may adopt rules necessary to carry out the provisions of this subsection, including rules providing for the use of moneys in the Economic Development Incentives Account and for the administration of the Economic Development PageIncentives 24Account. of 26 CODING:

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Florida Senate - 2022 SB 800 26-00637-22 2022800__ Incentives Account.

Section 7.

Present subsections (3) and (4) of section 288.101, Florida Statutes, are redesignated as subsections (4) and (5), respectively, a new subsection (3) is added to that section, and present subsection (3) of that section is amended, to read:

288.101 Florida Job Growth Grant Fund.— (3) For the first quarter of each fiscal year, the department shall allocate an amount equal to 10 percent of the funds in the Florida Job Growth Grant Fund to projects within rural areas of opportunity.

(4)(3) For purposes of this section:

(a) “Infrastructure” means any fixed capital expenditure or fixed capital costs associated with the construction, reconstruction, or improvement of facilities that have a life expectancy of 5 or more years and any land acquisition, land improvement, design, and engineering costs related thereto.

Facilities in this category include technical structures such as roads, bridges, tunnels, water supply, sewers, electrical grids, and telecommunications facilities.

(b) “Public infrastructure” means infrastructure that is owned by the public, and is for public use or predominately benefits the public.

If public infrastructure is leased or sold, it must be leased or sold at fair market rates or value.

(c) “Rural area of opportunity” has the same meaning as in s.

288.0656(2)(d).

(d) “Targeted industry” means any industry identified in the most recent list provided to the Governor, the President of the Senate, and the Speaker of the House of Representatives in Page 25 of 26 CODING:

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Florida Senate - 2022 SB 800 26-00637-22 2022800__ accordance with s.

288.106(2)(q).

Section 8.

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