1 | Representative(s) Troutman offered the following: |
2 |
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3 | Substitute Amendment for Amendment (802937) (with title |
4 | amendment) |
5 | Remove line 247-367 and insert: |
6 | b. Result in the creation of at least 500 direct, new jobs |
7 | if the project is located in a rural area, a brownfield area, or |
8 | an enterprise zone. |
9 | 2. Have an activity or product that is within an industry |
10 | that is designated as a target industry business under s. |
11 | 288.106 or a designated sector under s. 288.108. |
12 | 3.a. Have a cumulative investment of at least $500 million |
13 | within a 5-year period; or |
14 | b. Have a cumulative investment that exceeds $375 million |
15 | within a 3-year period if the project is located in a rural |
16 | area, brownfield area, or an enterprise zone. |
17 | (5) Enterprise Florida, Inc., shall evaluate proposals for |
18 | innovation incentive awards and transmit recommendations for |
19 | awards to the office. Such evaluation and recommendation must |
20 | include, but need not be limited to: |
21 | (a) A description of the project, its required facilities, |
22 | and the associated product, service, or research and development |
23 | associated 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 |
26 | created by the project, the total estimated average annual wages |
27 | of such jobs, and the types of business activities and jobs |
28 | likely to be stimulated by the investment. |
29 | (d) The cumulative investment to be dedicated to the |
30 | project within 5 years and the total investment expected in the |
31 | project if more than 5 years. |
32 | (e) The projected economic and fiscal impacts on the local |
33 | and state economies relative to investment. |
34 | (f) A statement of any special impacts the project is |
35 | expected to stimulate in a particular business sector in the |
36 | state or regional economy or in the state's universities and |
37 | community colleges. |
38 | (g) A statement of any anticipated or proposed |
39 | relationships with state universities. |
40 | (h) A statement of the role the incentive is expected to |
41 | play in the decision of the applicant to locate or expand in |
42 | this state. |
43 | (i) A recommendation and explanation of the amount of the |
44 | award needed to cause the applicant to expand or locate in this |
45 | state. |
46 | (j) A discussion of the efforts and commitments made by |
47 | the local community in which the project is to be located to |
48 | induce the applicant's location or expansion, taking into |
49 | consideration local resources and abilities. |
50 | (k) A recommendation for specific performance criteria the |
51 | applicant would be expected to achieve in order to receive |
52 | payments from the fund and penalties or sanctions for failure to |
53 | meet 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 |
56 | the potential to serve as catalyst for an emerging or evolving |
57 | cluster. |
58 | 2. A description of the extent to which the project has or |
59 | could have a long-term collaborative research and development |
60 | relationship with one or more universities or community colleges |
61 | in this state. |
62 | 3. A description of the existing or projected impact of |
63 | the project on established clusters or targeted industry |
64 | sectors. |
65 | 4. A description of the project's contribution to the |
66 | diversity and resiliency of the innovation economy of this |
67 | state. |
68 | 5. A description of the project's impact on special-needs |
69 | communities, including, but not limited to, rural areas, |
70 | distressed urban areas, and enterprise zones. |
71 | (6) In consultation with Enterprise Florida, Inc., the |
72 | office may negotiate the proposed amount of an award for any |
73 | applicant meeting the requirements of this section. In |
74 | negotiating such award, the office shall consider the amount of |
75 | the incentive needed to cause the applicant to locate or expand |
76 | in this state in conjunction with other relevant applicant |
77 | impact and cost information and analysis as described in this |
78 | section. Particular emphasis shall be given to the potential for |
79 | the project to stimulate additional private investment and high- |
80 | quality employment opportunities in the area. |
81 | (7) Upon receipt of the evaluation and recommendation from |
82 | Enterprise Florida, Inc., the director shall recommend to the |
83 | Governor the approval or disapproval of an award. In |
84 | recommending approval of an award, the director shall include |
85 | proposed performance conditions that the applicant must meet in |
86 | order to obtain incentive funds and any other conditions that |
87 | must be met before the receipt of any incentive funds. The |
88 | Governor shall consult with the President of the Senate and the |
89 | Speaker of the House of Representatives before giving approval |
90 | for an award. Upon approval of an award, the Executive Office of |
91 | the Governor shall release the funds pursuant to the legislative |
92 | consultation and review requirements set forth in s. 216.177. |
93 | (8) Upon approval by the Governor and release of the funds |
94 | as set forth in subsection (7), the director shall issue a |
95 | letter certifying the applicant as qualified for an award. The |
96 | office and the applicant shall enter into an agreement that sets |
97 | forth the conditions for payment of incentives. The agreement |
98 | must include the total amount of funds awarded; the performance |
99 | conditions that must be met to obtain the award or portions of |
100 | the award, including, but not limited to, net new employment in |
101 | the state, average wage, and total cumulative investment; |
102 | demonstration of a baseline of current service and a measure of |
103 | enhanced capability; the methodology for validating performance; |
104 | the schedule of payments; and sanctions for failure to meet |
105 | performance conditions, including any clawback provisions. |
106 | (9) Enterprise Florida, Inc., shall assist the office in |
107 | validating the performance of an innovation business or research |
108 | and development facility that has received an award. At the |
109 | conclusion of the innovation incentive award agreement, or its |
110 | earlier termination, Enterprise Florida, Inc., shall, within 90 |
111 | days, report the results of the innovation incentive award to |
112 | the Governor, the President of the Senate, and the Speaker of |
113 | the House of Representatives. |
114 | (10) Enterprise Florida, Inc., shall develop business |
115 | ethics standards based on appropriate best industry practices |
116 | which shall be applicable to all award recipients. The standards |
117 | shall address ethical duties of business enterprises, fiduciary |
118 | responsibilities of management, and compliance with the laws of |
119 | this state. Enterprise Florida, Inc., may collaborate with the |
120 | State University System in reviewing and evaluating appropriate |
121 | business ethics standards. Such standards shall be provided to |
122 | the Governor, the President of the Senate, and the Speaker of |
123 | the House of Representatives by December 31, 2006. An award |
124 | agreement entered into on or after December 31, 2006, shall |
125 | require a recipient to comply with the business ethics standards |
126 | developed pursuant to this section. |
127 | Section 3. Section 288.1171, Florida Statutes, is created |
128 | to read: |
129 | 288.1171 Qualified job-training organizations; |
130 | certification; duties.-- |
131 | (1) As used in this section, the term "qualified job- |
132 | training organization" means an organization that satisfies all |
133 | of the following: |
134 | (a) Is accredited by the Commission for Accreditation of |
135 | Rehabilitation Facilities. |
136 | (b) Collects Florida state sales tax. |
137 | (c) Operates statewide and has more than 100 locations |
138 | within the state. |
139 | (d) Is exempt from income taxation under s. 501(c)3 or s. |
140 | 501(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 |
143 | individuals who have workplace disadvantages and disabilities. |
144 | (g) Uses a majority of its revenues for job training and |
145 | placement programs that create jobs and foster economic |
146 | development. |
147 | (2) To be eligible for funding, an organization must be |
148 | certified by the Office of Tourism, Trade, and Economic |
149 | Development as meeting the criteria in subsection (1). After |
150 | certification, the Office of Tourism, Trade, and Economic |
151 | Development may release funds to the qualified job training |
152 | organization pursuant to a contract with the organization. The |
153 | contract must address the performance conditions and sanctions |
154 | for failure to meet the performance conditions and must require |
155 | that salaries paid to officers and employees of the qualified |
156 | job training organization comply with s. 4958 of the Internal |
157 | Revenue Code of 1986, as amended. |
158 | (3) A qualified job-training organization that is |
159 | certified must use the proceeds provided solely to encourage and |
160 | provide economic development through capital construction, |
161 | improvements, or the purchase of equipment that will result in |
162 | expanded employment opportunities. |
163 | (4) The failure to use the proceeds as required |
164 | constitutes grounds for revoking certification. |
165 | Section 4. The sum of $3 million per year is appropriated |
166 | from nonrecurring general revenue for 10 years to the Office of |
167 | Tourism, Trade, and Economic Development for the purpose |
168 | specified in s. 288.1171(3), Florida Statutes. For the 2006-2007 |
169 | fiscal year, these funds are appropriated from nonrecurring |
170 | general revenue. For the 2007-2008 through 2016-2017 fiscal |
171 | years, the funds shall be appropriated from nonrecurring general |
172 | revenue or as specifically provided in the General |
173 | Appropriations Act. The funds shall be distributed by the Office |
174 | of Tourism, Trade, and Economic Development to organizations |
175 | meeting the requirements of s. 288.1171, Florida Statutes, |
176 | solely to encourage and provide economic development through |
177 | capital construction, improvements, or the purchase of equipment |
178 | that will result in expanded employment opportunities. |
179 |
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180 | =========== T I T L E A M E N D M E N T ======== |
181 | Remove line 6-38 and insert: |
182 | An act relating to economic development; amending s. 288.1088, |
183 | F.S.; providing eligibility criteria for receipt of funds from |
184 | the Quick Action Closing Fund; requiring Enterprise Florida, |
185 | Inc., to determine eligibility using specified criteria; |
186 | providing for waiver of eligibility criteria under certain |
187 | circumstances; requiring the Governor to provide evaluations of |
188 | certain projects to the President of the Senate and the Speaker |
189 | of the House of Representatives; creating s. 288.1089, F.S.; |
190 | creating within the Office of Tourism, Trade, and Economic |
191 | Development the Innovation Incentive Program for certain |
192 | purposes; providing definitions; providing for innovation |
193 | incentive awards; providing limitations; providing qualification |
194 | requirements for review of applicants and projects by the office |
195 | and Enterprise Florida, Inc.; providing proposal evaluation and |
196 | recommendation requirements for Enterprise Florida, Inc.; |
197 | authorizing the office to negotiate award amounts to applicants; |
198 | providing negotiation requirements; requiring the director of |
199 | the office to make recommendations to the Governor for approval |
200 | or disapproval of certain projects; providing recommendation |
201 | requirements; requiring consultation with the Legislature; |
202 | providing for certification of applicants as qualified |
203 | innovation businesses; providing for incentive payment |
204 | agreements; requiring Enterprise Florida, Inc., to assist the |
205 | office in validating certain business performances; requiring a |
206 | report; requiring Enterprise Florida, Inc., to establish certain |
207 | business ethics standards; requiring the standards to be |
208 | reported to the Governor, the President of the Senate, and the |
209 | Speaker of the House of Representatives; requiring incentive |
210 | award agreements to require compliance with the standards; |
211 | creating s. 288.1171, F.S.; defining the term "qualified job- |
212 | training organization"; providing for the Office of Tourism, |
213 | Trade, and Economic Development to certify qualified job- |
214 | training organizations; providing for the distribution of |
215 | certain funds to a certified organization pursuant to contract; |
216 | providing contract requirements; specifying uses of the funds; |
217 | providing for revocation of certification under certain |
218 | circumstances; providing appropriations for a certain period; |
219 | providing for appropriations to be distributed through the |
220 | Office of Tourism, Trade, and Economic Development; amending s. |
221 | 403.973, F.S.; requiring the office |