CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 2540

    Amendment No. 3

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  The Committee on Fiscal Policy recommended the following

12  amendment:

13

14         Senate Amendment (with title amendment) 

15         On page 40, between lines 25 and 26,

16

17  insert:

18         Section 16.  Florida Commercial Space Development

19  Incentive Program.--

20         (1)(a)  The Legislature finds that attracting,

21  retaining, and providing favorable conditions for the growth

22  of commercial space facilities provides widespread economic

23  benefits to the public through high-quality employment

24  opportunities in such facilities and in related facilities

25  attracted to the state, through the increased tax base

26  provided by such facilities and businesses in related sectors,

27  through an enhanced entrepreneurial climate in the state and

28  the resulting business and employment opportunities, and

29  through the stimulation and enhancement of the state's

30  universities and community colleges. In the global economy,

31  there exists serious and fierce international competition for

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2540

    Amendment No. 3





 1  commercial space facilities, and in most instances, when all

 2  available resources for economic development have been used,

 3  the state continues to encounter severe competitive

 4  disadvantages in vying for these high-impact business

 5  facilities.

 6         (b)  The Legislature therefore declares that sufficient

 7  resources shall be available to respond to such extraordinary

 8  economic opportunities and to compete effectively for these

 9  commercial space facilities and related businesses, including

10  but not limited to facilities and businesses related to a

11  reusable launch vehicle or similar space-transportation

12  system.

13         (2)  There is created within the Office of Tourism,

14  Trade, and Economic Development the Florida Commercial Space

15  Development Incentive Program.

16         (3)(a)  Enterprise Florida, Inc., shall evaluate

17  individual proposals for commercial space business facilities

18  and forward recommendations regarding the use of moneys under

19  the program for such facilities to the director of the Office

20  of Tourism, Trade, and Economic Development. Such evaluation

21  and recommendation must include, but need not be limited to:

22         1.  A description of the type of facility, its business

23  operation, and the product or service associated with the

24  facility.

25         2.  The number of full-time-equivalent jobs that will

26  be created by the facility and the total estimated average

27  annual wages of those jobs.

28         3.  The cumulative amount of investment to be dedicated

29  to the facility within a specified period.

30         4.  A statement of any special impacts the facility is

31  expected to stimulate in a particular business sector in the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2540

    Amendment No. 3





 1  state or regional economy or in the state's universities and

 2  community colleges.

 3         5.  A statement of environmental or regulatory issues

 4  involved with the project.

 5         6.  A statement in which Enterprise Florida, Inc., must

 6  indicate that in its best judgment the commercial space

 7  business facility project will not occur at the proposed site

 8  in Florida without the use of the incentive program.

 9         7.  A statement on the manner in which program funds

10  will be used under the project.

11         (b)  The business must have provided a performance bond

12  that guarantees the creation of jobs for at least 10 years.

13         (c)  The high-impact business facility must create at

14  least 1,000 jobs, or create at least 300 jobs in a rural

15  community or a distressed urban-core community. The jobs to be

16  created must pay a wage that exceeds the average wage in the

17  affected community by 20 percent, and the employer must

18  provide a health-benefit package for employees.

19         (3)  Upon receipt of the evaluation and recommendation

20  from Enterprise Florida, Inc., the director shall recommend

21  approval or disapproval of a project for receipt of funds

22  under the Florida Commercial Space Development Incentive

23  Program to the Governor. In recommending a commercial space

24  business facility, the director shall include proposed

25  performance conditions that the facility must meet to obtain

26  incentive funds. The Governor shall consult with the President

27  of the Senate and the Speaker of the House of Representatives

28  before giving approval for a project.

29         (4)  Upon approving a project, the Governor, through

30  the director of the Office of Tourism, Trade, and Economic

31  Development, shall initiate a budget amendment under chapter

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2540

    Amendment No. 3





 1  216, Florida Statutes, requesting a specific amount for an

 2  approved project to be paid from the State Transportation

 3  Trust Fund. Any funds approved under such process for payment

 4  from the State Transportation Trust Fund must be reimbursed by

 5  the Legislature during the succeeding fiscal year.

 6         (5)(a)  Upon the approval of the budget amendment, the

 7  director of the Office of Tourism, Trade, and Economic

 8  Development and the commercial space business shall enter into

 9  a contract that sets forth the conditions for payment of

10  moneys under this program. The contract must include the total

11  amount of funds awarded; the performance conditions that must

12  be met to obtain the award, including, but not limited to, net

13  new employment in the state, average salary, and total capital

14  investment; the methodology for validating performance; the

15  schedule of payments under the program; the manner in which

16  funds will be utilized; and sanctions for failure to meet

17  performance conditions.

18         (b)  Enterprise Florida, Inc., shall validate

19  contractor performance. Such validation shall be reported

20  within 6 months after completion of the contract to the

21  Governor, the President of the Senate, and the Speaker of the

22  House of Representatives.

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25  ================ T I T L E   A M E N D M E N T ===============

26  And the title is amended as follows:

27         On page 4, line 3, after the semicolon

28

29  insert:

30         providing legislative findings and declarations

31         with respect to the global competition that is

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2540

    Amendment No. 3





 1         encountered by the state in attracting

 2         commercial space business facilities; creating

 3         the Florida Commercial Space Development

 4         Incentive Program within the Office of Tourism,

 5         Trade, and Economic Development; requiring

 6         Enterprise Florida, Inc., to evaluate and

 7         recommend high-impact commercial space

 8         facilities eligible for a payment of moneys;

 9         providing eligibility criteria; requiring that

10         such payments be approved by the Governor,

11         following consultation with the President of

12         the Senate and the Speaker of the House of

13         Representatives; requiring initiation of a

14         budget amendment to obtain funds from the State

15         Transportation Trust Fund; requiring

16         reimbursement to the trust fund; providing

17         certain requirements for the contract awarding

18         moneys; requiring Enterprise Florida, Inc., to

19         validate contractor performance; providing for

20         a report to the Governor, the President of the

21         Senate, and the Speaker of the House of

22         Representatives;

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