Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 2728
                        Barcode 630608
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: A1/FAV          .                    
       04/05/2006 04:14 PM         .                    
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11  The Committee on Commerce and Consumer Services (Saunders)
12  recommended the following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 288.1089, Florida Statutes, is
19  created to read:
20         288.1089  Innovation Incentive Program.--
21         (1)  There is created an Innovation Incentive Program
22  within the Governor's Office of Tourism, Trade, and Economic
23  Development, which is intended to ensure that sufficient
24  resources are  available to allow the state to respond
25  expeditiously to extraordinary economic opportunities and to
26  compete effectively for high-value research and development
27  and innovation business projects.
28         (2)  As used in this section, the term:
29         (a)  "Average wage" means the statewide average wage in
30  the private sector or the average of all private-sector wages
31  and salaries in the county or in the standard metropolitan
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Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2728 Barcode 630608 1 area in which the project is located as determined by the 2 Agency for Workforce Innovation. 3 (b) "Cumulative investment" means the total private 4 investment in buildings and equipment made by an applicant 5 under a project approved pursuant to this section. 6 (c) "Director" means the director of the Office of 7 Tourism, Trade, and Economic Development. 8 (d) "Innovation business" means a business expanding 9 or locating in this state that is likely to serve as a 10 catalyst for the growth of an existing or emerging technology 11 cluster or will significantly impact the regional economy in 12 which it is to expand or locate. 13 (e) "Fiscal year" means the state fiscal year. 14 (f) "Jobs" means full-time equivalent positions, as 15 that term is consistent with terms used by the Agency for 16 Workforce Innovation and the United States Department of Labor 17 for purposes of unemployment compensation tax administration 18 and employment estimation, resulting directly from a project 19 in this state. The term does not include temporary 20 construction jobs. 21 (g) "Match" means funding from local sources, public 22 or private, which will be paid to the applicant and which is 23 equal to 100 percent of the award. Eligible match funding may 24 include any tax abatement granted to the applicant under s. 25 196.1995 or the appraised market value of land, buildings, 26 infrastructure, or equipment conveyed or provided at a 27 discount to the applicant. Complete documentation of match 28 payment or other conveyance must be presented to and verified 29 by the office before transfer of state funds to an applicant. 30 An applicant may not provide, directly or indirectly, more 31 than 5 percent of match funding in any fiscal year. The 2 1:43 PM 04/03/06 s2728.cm37.00a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2728 Barcode 630608 1 sources of such funding may not include, directly or 2 indirectly, state funds appropriated from the General Revenue 3 Fund or any state trust fund, excluding tax revenues shared 4 with local governments pursuant to law. 5 (h) "Office" means the Office of Tourism, Trade, and 6 Economic Development. 7 (i) "Project" means the location to or expansion in 8 this state by an innovation business or research and 9 development applicant approved for an award pursuant to this 10 section. 11 (j) "Research and development" means basic and applied 12 research in the sciences or engineering, as well as the 13 design, development, and testing, of prototypes or processes 14 of new or improved products. Research and development does not 15 include market research, routine consumer product testing, 16 sales research, research in the social sciences or psychology, 17 nontechnological activities, or technical services. 18 (k) "Research and development facility" means a 19 facility that is predominately engaged in research and 20 development activities. For purposes of this paragraph, the 21 term "predominately" means at least 51 percent of the time. 22 (3) To be eligible for consideration for an innovation 23 incentive award, an innovation business or research and 24 development entity must submit a written application to 25 Enterprise Florida, Inc., before making a decision to locate 26 new operations in this state or to expand an existing 27 operation in this state. The application must include, but 28 need not be limited to: 29 (a) The applicant's federal employer identification 30 number, unemployment account number, and state sales tax 31 registration number. If these numbers are not available at the 3 1:43 PM 04/03/06 s2728.cm37.00a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2728 Barcode 630608 1 time of application, they must be submitted to the office in 2 writing before the disbursement of any payments under this 3 section. 4 (b) The location in this state at which the project is 5 located or is to be located. 6 (c) A description of the type of business activity, 7 product, or research and development to be undertaken by the 8 applicant, including six-digit North American Industry 9 Classification System codes for all activities included in the 10 project. 11 (d) The applicant's projected investment in the 12 project. 13 (e) The total investment, from all sources, in the 14 project. 15 (f) The number of net new full-time equivalent jobs in 16 this state the applicant anticipates having created as of 17 December 31 of each year in the project and the average annual 18 wage of those jobs. 19 (g) The total number of full-time equivalent employees 20 currently employed by the applicant in this state, if 21 applicable. 22 (h) The anticipated commencement date of the project. 23 (i) A detailed explanation of why the innovation 24 incentive is needed to induce the applicant to expand or 25 locate in the state and whether an award would cause the 26 applicant to locate or expand in this state. 27 (j) If applicable, an estimate of the proportion of 28 the revenues resulting from the project which will be 29 generated outside this state. 30 (4) To qualify for review by the office, the applicant 31 must, at a minimum, establish the following to the 4 1:43 PM 04/03/06 s2728.cm37.00a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2728 Barcode 630608 1 satisfaction of Enterprise Florida, Inc., and the office: 2 (a) The jobs created by the project must pay an 3 estimated annual average wage equaling at least 130 percent of 4 the average private-sector wage in the area where the project 5 is to be located or the average private sector wage in the 6 state. The office may waive this average wage requirement at 7 the request of Enterprise Florida, Inc., for a project located 8 in a brownfield area designated under s. 376.80, in a rural 9 city or county as defined in s. 288.106, or in an enterprise 10 zone, when the merits of the individual project or the 11 specific circumstances of the community in relationship to the 12 project warrant such action. A recommendation for waiver by 13 Enterprise Florida, Inc., must include a specific 14 justification supporting the waiver and be transmitted in 15 writing to the office. If the director elects to waive the 16 wage requirement, the waiver must be stated in writing and the 17 reasons for granting the waiver must be explained. 18 (b) A research and development project must: 19 1. Serve as a catalyst of an emerging or evolving 20 cluster; 21 2. Demonstrate a plan for significant higher education 22 collaboration; 23 3. Provide the state, at a minimum, a break-even 24 return on its investment within a 20-year period; and 25 4. Be provided with a one-to-one match from the local 26 community. The match requirement may be reduced or waived in 27 rural areas of critical economic concern or reduced in rural 28 communities, brownfields, and enterprise zones. 29 (c) An innovation business project, other than a 30 research and development project, must: 31 1.a. Result in the creation of at least 1,000 direct, 5 1:43 PM 04/03/06 s2728.cm37.00a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2728 Barcode 630608 1 new jobs at the business; or 2 b. Result in the creation of at least 750 direct, new 3 jobs if the project is located in a rural county or city as 4 defined in s. 288.106 or in an enterprise zone. 5 2. Have an activity or product that is within an 6 industry that is designated as a target industry business 7 under s. 288.106 or a designated sector under s. 288.108. 8 3.a. Have a cumulative investment of at least $500 9 million within a 3-year period; or 10 b. Have a cumulative investment that exceeds $375 11 million within a 3-year period if the project is located in a 12 rural county or city, as defined in s. 288.106, or in an 13 enterprise zone. 14 (5) Enterprise Florida, Inc., shall evaluate proposals 15 for innovation incentive awards and forward recommendations 16 for awards to the office. Such evaluation and recommendation 17 must include, but need not be limited to: 18 (a) A description of the project, its required 19 facilities, and the product, service, or research and 20 development associated with the project. 21 (b) The number of full-time equivalent jobs that will 22 be created by the project, the total estimated average annual 23 wages of those jobs, and the types of business activities and 24 jobs likely to be stimulated by the project. 25 (c) The cumulative investment to be dedicated to the 26 project within 3 years and the total investment expected in 27 the project if more than 3 years. 28 (d) The projected economic and fiscal impacts on the 29 local and state economies relative to investment. 30 (e) A statement of any special impacts the project is 31 expected to produce in a particular business sector in the 6 1:43 PM 04/03/06 s2728.cm37.00a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2728 Barcode 630608 1 state or regional economy or in the state's universities and 2 community colleges. 3 (f) A statement of any anticipated or proposed 4 relationships with state universities. 5 (g) A statement of the role the incentive is expected 6 to play in the decision of the applicant to locate or expand 7 in this state. 8 (h) A recommendation and explanation of the amount of 9 the award needed to cause the applicant to expand or locate in 10 this state. 11 (i) A discussion of the efforts and commitments made 12 by the local community in which the project is to be located 13 to induce the applicant's location or expansion in light of 14 local resources and abilities. 15 (j) A recommendation for specific performance criteria 16 the applicant would be expected to achieve in order to receive 17 payments from the fund and penalties or sanctions for failure 18 to meet or maintain performance conditions. 19 (k) For a research and development facility, an 20 evaluation and recommendation must include: 21 1. A description of the extent to which the project 22 has the potential to serve as catalyst for an emerging or 23 evolving cluster; 24 2. The percentage of match provided for the project; 25 3. A description of the extent to which the project 26 has or could have a long-term collaborative research and 27 development relationship with one or more universities or 28 community colleges in this state; 29 4. A description of the existing or projected impact 30 of the project on established clusters or targeted industry 31 sectors; 7 1:43 PM 04/03/06 s2728.cm37.00a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2728 Barcode 630608 1 5. A description of the project's contribution to the 2 diversity and resiliency of this state's innovation economy; 3 and 4 6. A description of the project's impact on 5 special-needs communities, including, but not limited to, 6 rural areas, distressed urban areas, and enterprise zones. 7 (6) The office may, in consultation with Enterprise 8 Florida, Inc., negotiate the proposed amount of an award for 9 any applicant meeting the requirements of this section. In 10 negotiating such award, the office shall consider the amount 11 of the incentive needed to cause the applicant to locate or 12 expand in this state in conjunction with other relevant 13 applicant impact and cost information and analysis as outlined 14 in this section. Particular emphasis shall be given to the 15 potential for the project to stimulate additional private 16 investment and high-quality employment opportunities in the 17 state. 18 (7) Upon receipt of the evaluation and recommendation 19 from Enterprise Florida, Inc., the director shall recommend 20 the approval or disapproval of an award to the Governor. In 21 recommending approval of an award, the director shall include 22 proposed performance conditions that the applicant must meet 23 in order to obtain incentive funds and any other conditions 24 that must be met before the receipt of any incentive funds. 25 The Governor shall consult with the President of the Senate 26 and the Speaker of the House of Representatives before giving 27 approval for an award. Upon approval of an award, the 28 Executive Office of the Governor shall release the funds 29 pursuant to the legislative consultation and review 30 requirements set forth in s. 216.177. 31 (8) Upon approval by the Governor and release of the 8 1:43 PM 04/03/06 s2728.cm37.00a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2728 Barcode 630608 1 funds as set forth in subsection (8), the director shall issue 2 a letter certifying the applicant as qualified for an award. 3 The office and the applicant shall enter into an agreement 4 that sets forth the conditions for payment of incentives. The 5 agreement must include the total amount of funds awarded; the 6 performance conditions that must be met to obtain the award or 7 portions of the award, including, but not limited to, net new 8 employment in the state, average wage, and total investment; 9 demonstration of a baseline of current service and a measure 10 of enhanced capability; the methodology for validating 11 performance; the schedule of payments; and sanctions for 12 failure to meet performance conditions. 13 (9) Enterprise Florida, Inc., shall assist the office 14 in validating the performance of an innovation business or 15 research and development facility that has received an award. 16 At the conclusion of the innovation incentive award agreement, 17 or its earlier termination, Enterprise Florida, Inc., shall, 18 within 90 days, report the results of the innovation incentive 19 award to the Governor, the President of the Senate, and the 20 Speaker of the House of Representatives. 21 Section 2. New subsection (16) of s. 403.973, Florida 22 Statutes, is created, and present subsections (16) through 23 (19) are renumbered as subsections (17) through (20). 24 403.973 Expedited permitting; comprehensive plan 25 amendments.-- 26 (16) The office, working with the agencies 27 participating in the memoranda of agreement, shall review 28 sites proposed for the location of facilities eligible for the 29 Innovation Incentive Program under s. 288.1089. Within 20 days 30 of the request for the review by the office, the agencies will 31 provide to the office a statement as to each site's necessary 9 1:43 PM 04/03/06 s2728.cm37.00a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2728 Barcode 630608 1 permits under local, state and federal law and an 2 identification of significant permitting issues, which if 3 unresolved, may result in the denial of an agency permit or 4 approval or any significant delay caused by the permitting 5 process. 6 Section 3. For the 2006-2007 fiscal year, the sum of 7 $___ million is appropriated from the General Revenue Fund for 8 transfer to the Economic Development Trust Fund within the 9 Office of Tourism, Trade, and Economic Development. Funds 10 transferred under this section are not subject to the service 11 charge set forth in s. 215.20, Florida Statutes. The sum of 12 $___ million is appropriated for the 2006-2007 fiscal year 13 from the Economic Development Trust Fund within the Office of 14 Tourism, Trade, and Economic Development to be used to 15 implement this act. These funds in the Economic Development 16 Trust Fund shall be placed in reserve by the Executive Office 17 of the Governor on July 1, 2006. The Office of Tourism, Trade, 18 and Economic Development may request the release of funds as 19 needed to implement the provisions of this act through the 20 Legislative Budget Commission. Funds not expended during the 21 2006-2007 fiscal year may be used in future fiscal years as 22 appropriated in the General Appropriations Act or other law. 23 Section 4. This act expires July 1, 2011. Upon that 24 date, any unobligated funds remaining in the Economic 25 Development Trust Fund from the transfer made in section 2 of 26 this act shall be transferred back to the General Revenue 27 Fund. Notwithstanding s. 216.301(1), Florida Statutes, and 28 pursuant to s. 216.351, Florida Statutes, any funds remaining 29 in the trust fund which are obligated to a properly approved 30 project under this act but only partially disbursed shall 31 remain in the trust fund to be disbursed by the Office of 10 1:43 PM 04/03/06 s2728.cm37.00a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2728 Barcode 630608 1 Tourism, Trade, and Economic Development pursuant to the terms 2 of the originally approved contract. 3 Section 5. This act shall take effect July 1, 2006. 4 5 6 ================ T I T L E A M E N D M E N T =============== 7 And the title is amended as follows: 8 Delete everything before the enacting clause 9 10 and insert: 11 A bill to be entitled 12 An act relating to the innovation incentives; 13 creating s. 288.1089, F.S.; creating the 14 Innovation Incentive Program within the Office 15 of Tourism, Trade, and Economic Development for 16 certain purposes; providing definitions; 17 providing an incentive-award limitation; 18 providing for award application and 19 eligibility; providing qualification 20 requirements; providing proposal evaluation and 21 recommendations requirements for Enterprise 22 Florida, Inc.; providing for negotiation of 23 award amounts by the office; providing for 24 agreements for payments of certain monies under 25 certain circumstances; providing criteria for 26 award approval or disapproval; providing for 27 incentive payment agreements; requiring 28 Enterprise Florida, Inc., to assist the office 29 in validating certain business performances; 30 requiring a report to the Governor and 31 Legislature; authorizing the office to allocate 11 1:43 PM 04/03/06 s2728.cm37.00a
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2728 Barcode 630608 1 certain funds for certain purposes; providing 2 appropriations; effectuating a fund transfer; 3 providing for future expiration of the act; 4 amending s. 403.973, F.S.; providing for review 5 of possible sites for projects funded under s. 6 288.1089; providing an effective date. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 12 1:43 PM 04/03/06 s2728.cm37.00a