Amendment
Bill No. 1283
Amendment No. 571313
CHAMBER ACTION
Senate House
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1Representative(s) Troutman offered the following:
2
3     Substitute Amendment for Amendment (802937) (with title
4amendment)
5Remove line 247-367 and insert:
6     b.  Result in the creation of at least 500 direct, new jobs
7if the project is located in a rural area, a brownfield area, or
8an enterprise zone.
9     2.  Have an activity or product that is within an industry
10that is designated as a target industry business under s.
11288.106 or a designated sector under s. 288.108.
12     3.a.  Have a cumulative investment of at least $500 million
13within a 5-year period; or
14     b.  Have a cumulative investment that exceeds $375 million
15within a 3-year period if the project is located in a rural
16area, brownfield area, or an enterprise zone.
17     (5)  Enterprise Florida, Inc., shall evaluate proposals for
18innovation incentive awards and transmit recommendations for
19awards to the office. Such evaluation and recommendation must
20include, but need not be limited to:
21     (a)  A description of the project, its required facilities,
22and the associated product, service, or research and development
23associated with the project.
24     (b)  The percentage of match provided for the project.
25     (c)  The number of full-time equivalent jobs that will be
26created by the project, the total estimated average annual wages
27of such jobs, and the types of business activities and jobs
28likely to be stimulated by the investment.
29     (d)  The cumulative investment to be dedicated to the
30project within 5 years and the total investment expected in the
31project if more than 5 years.
32     (e)  The projected economic and fiscal impacts on the local
33and state economies relative to investment.
34     (f)  A statement of any special impacts the project is
35expected to stimulate in a particular business sector in the
36state or regional economy or in the state's universities and
37community colleges.
38     (g)  A statement of any anticipated or proposed
39relationships with state universities.
40     (h)  A statement of the role the incentive is expected to
41play in the decision of the applicant to locate or expand in
42this state.
43     (i)  A recommendation and explanation of the amount of the
44award needed to cause the applicant to expand or locate in this
45state.
46     (j)  A discussion of the efforts and commitments made by
47the local community in which the project is to be located to
48induce the applicant's location or expansion, taking into
49consideration local resources and abilities.
50     (k)  A recommendation for specific performance criteria the
51applicant would be expected to achieve in order to receive
52payments from the fund and penalties or sanctions for failure to
53meet or maintain performance conditions.
54     (l)  For a research and development facility project:
55     1.  A description of the extent to which the project has
56the potential to serve as catalyst for an emerging or evolving
57cluster.
58     2.  A description of the extent to which the project has or
59could have a long-term collaborative research and development
60relationship with one or more universities or community colleges
61in this state.
62     3.  A description of the existing or projected impact of
63the project on established clusters or targeted industry
64sectors.
65     4.  A description of the project's contribution to the
66diversity and resiliency of the innovation economy of this
67state.
68     5.  A description of the project's impact on special-needs
69communities, including, but not limited to, rural areas,
70distressed urban areas, and enterprise zones.
71     (6)  In consultation with Enterprise Florida, Inc., the
72office may negotiate the proposed amount of an award for any
73applicant meeting the requirements of this section. In
74negotiating such award, the office shall consider the amount of
75the incentive needed to cause the applicant to locate or expand
76in this state in conjunction with other relevant applicant
77impact and cost information and analysis as described in this
78section. Particular emphasis shall be given to the potential for
79the project to stimulate additional private investment and high-
80quality employment opportunities in the area.
81     (7)  Upon receipt of the evaluation and recommendation from
82Enterprise Florida, Inc., the director shall recommend to the
83Governor the approval or disapproval of an award. In
84recommending approval of an award, the director shall include
85proposed performance conditions that the applicant must meet in
86order to obtain incentive funds and any other conditions that
87must be met before the receipt of any incentive funds. The
88Governor shall consult with the President of the Senate and the
89Speaker of the House of Representatives before giving approval
90for an award. Upon approval of an award, the Executive Office of
91the Governor shall release the funds pursuant to the legislative
92consultation and review requirements set forth in s. 216.177.
93     (8)  Upon approval by the Governor and release of the funds
94as set forth in subsection (7), the director shall issue a
95letter certifying the applicant as qualified for an award. The
96office and the applicant shall enter into an agreement that sets
97forth the conditions for payment of incentives. The agreement
98must include the total amount of funds awarded; the performance
99conditions that must be met to obtain the award or portions of
100the award, including, but not limited to, net new employment in
101the state, average wage, and total cumulative investment;
102demonstration of a baseline of current service and a measure of
103enhanced capability; the methodology for validating performance;
104the schedule of payments; and sanctions for failure to meet
105performance conditions, including any clawback provisions.
106     (9)  Enterprise Florida, Inc., shall assist the office in
107validating the performance of an innovation business or research
108and development facility that has received an award. At the
109conclusion of the innovation incentive award agreement, or its
110earlier termination, Enterprise Florida, Inc., shall, within 90
111days, report the results of the innovation incentive award to
112the Governor, the President of the Senate, and the Speaker of
113the House of Representatives.
114     (10)  Enterprise Florida, Inc., shall develop business
115ethics standards based on appropriate best industry practices
116which shall be applicable to all award recipients. The standards
117shall address ethical duties of business enterprises, fiduciary
118responsibilities of management, and compliance with the laws of
119this state. Enterprise Florida, Inc., may collaborate with the
120State University System in reviewing and evaluating appropriate
121business ethics standards. Such standards shall be provided to
122the Governor, the President of the Senate, and the Speaker of
123the House of Representatives by December 31, 2006. An award
124agreement entered into on or after December 31, 2006, shall
125require a recipient to comply with the business ethics standards
126developed pursuant to this section.
127     Section 3.  Section 288.1171, Florida Statutes, is created
128to read:
129     288.1171  Qualified job-training organizations;
130certification; duties.--
131     (1)  As used in this section, the term "qualified job-
132training organization" means an organization that satisfies all
133of the following:
134     (a)  Is accredited by the Commission for Accreditation of
135Rehabilitation Facilities.
136     (b)  Collects Florida state sales tax.
137     (c)  Operates statewide and has more than 100 locations
138within the state.
139     (d)  Is exempt from income taxation under s. 501(c)3 or s.
140501(c)4 of the Internal Revenue Code of 1986, as amended.
141     (e)  Specializes in the retail sale of donated items.
142     (f)  Provides job training and employment services to
143individuals who have workplace disadvantages and disabilities.
144     (g)  Uses a majority of its revenues for job training and
145placement programs that create jobs and foster economic
146development.
147     (2)  To be eligible for funding, an organization must be
148certified by the Office of Tourism, Trade, and Economic
149Development as meeting the criteria in subsection (1). After
150certification, the Office of Tourism, Trade, and Economic
151Development may release funds to the qualified job training
152organization pursuant to a contract with the organization. The
153contract must address the performance conditions and sanctions
154for failure to meet the performance conditions and must require
155that salaries paid to officers and employees of the qualified
156job training organization comply with s. 4958 of the Internal
157Revenue Code of 1986, as amended.
158     (3)  A qualified job-training organization that is
159certified must use the proceeds provided solely to encourage and
160provide economic development through capital construction,
161improvements, or the purchase of equipment that will result in
162expanded employment opportunities.
163     (4)  The failure to use the proceeds as required
164constitutes grounds for revoking certification.
165     Section 4.  The sum of $3 million per year is appropriated
166from nonrecurring general revenue for 10 years to the Office of
167Tourism, Trade, and Economic Development for the purpose
168specified in s. 288.1171(3), Florida Statutes. For the 2006-2007
169fiscal year, these funds are appropriated from nonrecurring
170general revenue. For the 2007-2008 through 2016-2017 fiscal
171years, the funds shall be appropriated from nonrecurring general
172revenue or as specifically provided in the General
173Appropriations Act. The funds shall be distributed by the Office
174of Tourism, Trade, and Economic Development to organizations
175meeting the requirements of s. 288.1171, Florida Statutes,
176solely to encourage and provide economic development through
177capital construction, improvements, or the purchase of equipment
178that will result in expanded employment opportunities.
179
180=========== T I T L E  A M E N D M E N T ========
181     Remove line 6-38 and insert:
182An act relating to economic development; amending s. 288.1088,
183F.S.; providing eligibility criteria for receipt of funds from
184the Quick Action Closing Fund; requiring Enterprise Florida,
185Inc., to determine eligibility using specified criteria;
186providing for waiver of eligibility criteria under certain
187circumstances; requiring the Governor to provide evaluations of
188certain projects to the President of the Senate and the Speaker
189of the House of Representatives; creating s. 288.1089, F.S.;
190creating within the Office of Tourism, Trade, and Economic
191Development the Innovation Incentive Program for certain
192purposes; providing definitions; providing for innovation
193incentive awards; providing limitations; providing qualification
194requirements for review of applicants and projects by the office
195and Enterprise Florida, Inc.; providing proposal evaluation and
196recommendation requirements for Enterprise Florida, Inc.;
197authorizing the office to negotiate award amounts to applicants;
198providing negotiation requirements; requiring the director of
199the office to make recommendations to the Governor for approval
200or disapproval of certain projects; providing recommendation
201requirements; requiring consultation with the Legislature;
202providing for certification of applicants as qualified
203innovation businesses; providing for incentive payment
204agreements; requiring Enterprise Florida, Inc., to assist the
205office in validating certain business performances; requiring a
206report; requiring Enterprise Florida, Inc., to establish certain
207business ethics standards; requiring the standards to be
208reported to the Governor, the President of the Senate, and the
209Speaker of the House of Representatives; requiring incentive
210award agreements to require compliance with the standards;
211creating s. 288.1171, F.S.; defining the term "qualified job-
212training organization"; providing for the Office of Tourism,
213Trade, and Economic Development to certify qualified job-
214training organizations; providing for the distribution of
215certain funds to a certified organization pursuant to contract;
216providing contract requirements; specifying uses of the funds;
217providing for revocation of certification under certain
218circumstances; providing appropriations for a certain period;
219providing for appropriations to be distributed through the
220Office of Tourism, Trade, and Economic Development; amending s.
221403.973, F.S.; requiring the office


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