| 1 | Representative(s) Troutman offered the following: |
| 2 |
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| 3 | Substitute Amendment for Amendment (420351) (with title |
| 4 | amendment) |
| 5 | Remove line(s) 255-367 and insert: |
| 6 | b. Have a cumulative investment that exceeds $250 million |
| 7 | within a 10-year period if the project is located in a rural |
| 8 | area, brownfield area, or an enterprise zone. |
| 9 | (5) Enterprise Florida, Inc., shall evaluate proposals for |
| 10 | innovation incentive awards and transmit recommendations for |
| 11 | awards to the office. Such evaluation and recommendation must |
| 12 | include, but need not be limited to: |
| 13 | (a) A description of the project, its required facilities, |
| 14 | and the associated product, service, or research and development |
| 15 | associated with the project. |
| 16 | (b) The percentage of match provided for the project. |
| 17 | (c) The number of full-time equivalent jobs that will be |
| 18 | created by the project, the total estimated average annual wages |
| 19 | of such jobs, and the types of business activities and jobs |
| 20 | likely to be stimulated by the investment. |
| 21 | (d) The cumulative investment to be dedicated to the |
| 22 | project within 5 years and the total investment expected in the |
| 23 | project if more than 5 years. |
| 24 | (e) The projected economic and fiscal impacts on the local |
| 25 | and state economies relative to investment. |
| 26 | (f) A statement of any special impacts the project is |
| 27 | expected to stimulate in a particular business sector in the |
| 28 | state or regional economy or in the state's universities and |
| 29 | community colleges. |
| 30 | (g) A statement of any anticipated or proposed |
| 31 | relationships with state universities. |
| 32 | (h) A statement of the role the incentive is expected to |
| 33 | play in the decision of the applicant to locate or expand in |
| 34 | this state. |
| 35 | (i) A recommendation and explanation of the amount of the |
| 36 | award needed to cause the applicant to expand or locate in this |
| 37 | state. |
| 38 | (j) A discussion of the efforts and commitments made by |
| 39 | the local community in which the project is to be located to |
| 40 | induce the applicant's location or expansion, taking into |
| 41 | consideration local resources and abilities. |
| 42 | (k) A recommendation for specific performance criteria the |
| 43 | applicant would be expected to achieve in order to receive |
| 44 | payments from the fund and penalties or sanctions for failure to |
| 45 | meet or maintain performance conditions. |
| 46 | (l) For a research and development facility project: |
| 47 | 1. A description of the extent to which the project has |
| 48 | the potential to serve as catalyst for an emerging or evolving |
| 49 | cluster. |
| 50 | 2. A description of the extent to which the project has or |
| 51 | could have a long-term collaborative research and development |
| 52 | relationship with one or more universities or community colleges |
| 53 | in this state. |
| 54 | 3. A description of the existing or projected impact of |
| 55 | the project on established clusters or targeted industry |
| 56 | sectors. |
| 57 | 4. A description of the project's contribution to the |
| 58 | diversity and resiliency of the innovation economy of this |
| 59 | state. |
| 60 | 5. A description of the project's impact on special-needs |
| 61 | communities, including, but not limited to, rural areas, |
| 62 | distressed urban areas, and enterprise zones. |
| 63 | (6) In consultation with Enterprise Florida, Inc., the |
| 64 | office may negotiate the proposed amount of an award for any |
| 65 | applicant meeting the requirements of this section. In |
| 66 | negotiating such award, the office shall consider the amount of |
| 67 | the incentive needed to cause the applicant to locate or expand |
| 68 | in this state in conjunction with other relevant applicant |
| 69 | impact and cost information and analysis as described in this |
| 70 | section. Particular emphasis shall be given to the potential for |
| 71 | the project to stimulate additional private investment and high- |
| 72 | quality employment opportunities in the area. |
| 73 | (7) Upon receipt of the evaluation and recommendation from |
| 74 | Enterprise Florida, Inc., the director shall recommend to the |
| 75 | Governor the approval or disapproval of an award. In |
| 76 | recommending approval of an award, the director shall include |
| 77 | proposed performance conditions that the applicant must meet in |
| 78 | order to obtain incentive funds and any other conditions that |
| 79 | must be met before the receipt of any incentive funds. The |
| 80 | Governor shall consult with the President of the Senate and the |
| 81 | Speaker of the House of Representatives before giving approval |
| 82 | for an award. Upon approval of an award, the Executive Office of |
| 83 | the Governor shall release the funds pursuant to the legislative |
| 84 | consultation and review requirements set forth in s. 216.177. |
| 85 | (8) Upon approval by the Governor and release of the funds |
| 86 | as set forth in subsection (7), the director shall issue a |
| 87 | letter certifying the applicant as qualified for an award. The |
| 88 | office and the applicant shall enter into an agreement that sets |
| 89 | forth the conditions for payment of incentives. The agreement |
| 90 | must include the total amount of funds awarded; the performance |
| 91 | conditions that must be met to obtain the award or portions of |
| 92 | the award, including, but not limited to, net new employment in |
| 93 | the state, average wage, and total cumulative investment; |
| 94 | demonstration of a baseline of current service and a measure of |
| 95 | enhanced capability; the methodology for validating performance; |
| 96 | the schedule of payments; and sanctions for failure to meet |
| 97 | performance conditions, including any clawback provisions. |
| 98 | (9) Enterprise Florida, Inc., shall assist the office in |
| 99 | validating the performance of an innovation business or research |
| 100 | and development facility that has received an award. At the |
| 101 | conclusion of the innovation incentive award agreement, or its |
| 102 | earlier termination, Enterprise Florida, Inc., shall, within 90 |
| 103 | days, report the results of the innovation incentive award to |
| 104 | the Governor, the President of the Senate, and the Speaker of |
| 105 | the House of Representatives. |
| 106 | (10) Enterprise Florida, Inc., shall develop business |
| 107 | ethics standards based on appropriate best industry practices |
| 108 | which shall be applicable to all award recipients. The standards |
| 109 | shall address ethical duties of business enterprises, fiduciary |
| 110 | responsibilities of management, and compliance with the laws of |
| 111 | this state. Enterprise Florida, Inc., may collaborate with the |
| 112 | State University System in reviewing and evaluating appropriate |
| 113 | business ethics standards. Such standards shall be provided to |
| 114 | the Governor, the President of the Senate, and the Speaker of |
| 115 | the House of Representatives by December 31, 2006. An award |
| 116 | agreement entered into on or after December 31, 2006, shall |
| 117 | require a recipient to comply with the business ethics standards |
| 118 | developed pursuant to this section. |
| 119 | Section 3. Section 288.1171, Florida Statutes, is created |
| 120 | to read: |
| 121 | 288.1171 Qualified job-training organizations; |
| 122 | certification; duties.-- |
| 123 | (1) As used in this section, the term "qualified job- |
| 124 | training organization" means an organization that satisfies all |
| 125 | of the following: |
| 126 | (a) Is accredited by the Commission for Accreditation of |
| 127 | Rehabilitation Facilities. |
| 128 | (b) Collects Florida state sales tax. |
| 129 | (c) Operates statewide and has more than 100 locations |
| 130 | within the state. |
| 131 | (d) Is exempt from income taxation under s. 501(c)3 or s. |
| 132 | 501(c)4 of the Internal Revenue Code of 1986, as amended. |
| 133 | (e) Specializes in the retail sale of donated items. |
| 134 | (f) Provides job training and employment services to |
| 135 | individuals who have workplace disadvantages and disabilities. |
| 136 | (g) Uses a majority of its revenues for job training and |
| 137 | placement programs that create jobs and foster economic |
| 138 | development. |
| 139 | (2) To be eligible for funding, an organization must be |
| 140 | certified by the Office of Tourism, Trade, and Economic |
| 141 | Development as meeting the criteria in subsection (1). After |
| 142 | certification, the Office of Tourism, Trade, and Economic |
| 143 | Development may release funds to the qualified job training |
| 144 | organization pursuant to a contract with the organization. The |
| 145 | contract must address the performance conditions and sanctions |
| 146 | for failure to meet the performance conditions and must require |
| 147 | that salaries paid to officers and employees of the qualified |
| 148 | job training organization comply with s. 4958 of the Internal |
| 149 | Revenue Code of 1986, as amended. |
| 150 | (3) A qualified job-training organization that is |
| 151 | certified must use the proceeds provided solely to encourage and |
| 152 | provide economic development through capital construction, |
| 153 | improvements, or the purchase of equipment that will result in |
| 154 | expanded employment opportunities. |
| 155 | (4) The failure to use the proceeds as required |
| 156 | constitutes grounds for revoking certification. |
| 157 |
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| 158 | =========== T I T L E A M E N D M E N T ======== |
| 159 | Remove line(s) 6-38 and insert: |
| 160 | An act relating to economic development; amending s. |
| 161 | 288.1088, F.S.; providing eligibility criteria for |
| 162 | receipt of funds from the Quick Action Closing Fund; |
| 163 | requiring Enterprise Florida, Inc., to determine |
| 164 | eligibility using specified criteria; providing for |
| 165 | waiver of eligibility criteria under certain |
| 166 | circumstances; requiring the Governor to provide |
| 167 | evaluations of certain projects to the President of |
| 168 | the Senate and the Speaker of the House of |
| 169 | Representatives; creating s. 288.1089, F.S.; creating |
| 170 | within the Office of Tourism, Trade, and Economic |
| 171 | Development the Innovation Incentive Program for |
| 172 | certain purposes; providing definitions; providing for |
| 173 | innovation incentive awards; providing limitations; |
| 174 | providing qualification requirements for review of |
| 175 | applicants and projects by the office and Enterprise |
| 176 | Florida, Inc.; providing proposal evaluation and |
| 177 | recommendation requirements for Enterprise Florida, |
| 178 | Inc.; authorizing the office to negotiate award |
| 179 | amounts to applicants; providing negotiation |
| 180 | requirements; requiring the director of the office to |
| 181 | make recommendations to the Governor for approval or |
| 182 | disapproval of certain projects; providing |
| 183 | recommendation requirements; requiring consultation |
| 184 | with the Legislature; providing for certification of |
| 185 | applicants as qualified innovation businesses; |
| 186 | providing for incentive payment agreements; requiring |
| 187 | Enterprise Florida, Inc., to assist the office in |
| 188 | validating certain business performances; requiring a |
| 189 | report; requiring Enterprise Florida, Inc., to |
| 190 | establish certain business ethics standards; requiring |
| 191 | the standards to be reported to the Governor, the |
| 192 | President of the Senate, and the Speaker of the House |
| 193 | of Representatives; requiring incentive award |
| 194 | agreements to require compliance with the standards; |
| 195 | creating s. 288.1171, F.S.; defining the term |
| 196 | "qualified job-training organization"; providing for |
| 197 | the Office of Tourism, Trade, and Economic Development |
| 198 | to certify qualified job-training organizations; |
| 199 | providing for the distribution of certain funds to a |
| 200 | certified organization pursuant to contract; providing |
| 201 | contract requirements; specifying uses of the funds; |
| 202 | providing for revocation of certification under |
| 203 | certain circumstances; amending s. 403.973, F.S.; |
| 204 | requiring the office |