Amendment
Bill No. CS/HB 7111
Amendment No. 068881
CHAMBER ACTION
Senate House
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1Representative Weatherford offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1. Section 288.097, Florida Statutes, is created to
6read:
7     288.097  Building Florida's Future Revolving Loan Guarantee
8Program.--
9     (1)  As used in this section, the term "targeted
10industries" means those industries referenced in s.
11288.106(1)(o).
12     (2)  There is created within the Office of Tourism, Trade,
13and Economic Development the Building Florida's Future Revolving
14Loan Guarantee Program. The purpose of the program is to provide
15loan guarantees or credit enhancements to units of local
16government or private entities seeking financing to construct or
17modernize facilities and infrastructure necessary to attract or
18expand targeted industries as part of an economic-development
19project.
20     (3)  The program may provide loan guarantees or other
21credit enhancements to applicants seeking financing for the
22following purposes:
23     (a)  The acquisition of land, buildings, or fixed
24equipment;
25     (b)  Site preparation and the construction or
26reconstruction of buildings; or
27     (c)  The installation of or provision of access to
28telecommunications, energy sources, or other water supply
29utilities.
30     (4)(a)  All moneys available within the program's trust
31fund, including investment earnings, are designated to carry out
32the purposes of this section.
33     (b)  Any funds within the trust fund that are not needed on
34an immediate basis for loan guarantees or credit enhancements
35may be invested pursuant to s. 215.49. The cost of administering
36the program may be paid from reasonable service fees that may be
37imposed upon applicants so as to enhance program perpetuity.
38     (5)  The office shall consider, but need not be limited to,
39the following criteria in evaluating projects for assistance:
40     (a)  A demonstration that the project would create or
41enhance economic benefits.
42     (b)  The likelihood that the loan guarantee or credit
43enhancement would enable the project to proceed.
44     (c)  The extent to which assistance would foster innovative
45public-private partnerships and attract private debt or equity
46investment.
47     (d)  The creditworthiness of the entity or entities
48applying to the program.
49     (e)  Whether the project is consistent, to the maximum
50extent feasible, with local government comprehensive plans.
51     (6)  Enterprise Florida, Inc., shall assist the office in
52evaluating applications and determining whether an applicant
53meets the criteria of subsection (5).
54     (7)  The office shall adopt rules pursuant to ss.
55120.536(1) and 120.54 to administer the program which specify
56the application forms, deadlines for submitting applications,
57requirements for the selection process, service fees, and
58requirements for audits.
59     (8)  The office shall submit to the President of the Senate
60and the Speaker of the House of Representatives an annual report
61concerning activity within the program. The first report shall
62be submitted on January 5, 2009, and subsequent reports shall be
63submitted on January 5 every year thereafter, so long as the
64revolving fund exists.
65     (9)  The fund shall be created if CS/CS/SB Senate Bill 2712
66or similar legislation is adopted in the same legislative
67session or an extension thereof and becomes law.
68     Section 2.  Subsection (8) is added to section 288.1254,
69Florida Statutes, to read:
70     288.1254  Entertainment industry financial incentive
71program.--
72     (8)  REVERSION OF FUNDS; USE FOR FILM OR ARTS
73FESTIVALS.--Notwithstanding any provision of s. 216.301 to the
74contrary, funds appropriated for the purposes of implementing
75this section shall not revert until the end of the second fiscal
76year of the appropriation. Of funds appropriated in fiscal year
772008-2009, $1.5 million shall be used for international cultural
78festival planning and programming that generates significant
79regional or statewide return on investment and uses existing
80state-owned cultural facilities.
81     Section 3.  Subsections (1), (5), (6), and (9) of section
82288.1162, Florida Statutes, are amended, and subsections (10),
83(11), and (12) are added to that section, to read:
84     288.1162  Professional sports franchises; spring training
85franchises; duties.--
86     (1)  The Office of Tourism, Trade, and Economic Development
87shall serve as the state agency for screening applicants for
88state funding pursuant to s. 212.20 and for certifying an
89applicant as a "facility for a new professional sports
90franchise," a "facility for a retained professional sports
91franchise," or a "facility for a retained spring training
92franchise." to receive state funding pursuant to s. 212.20.
93     (5)(a)  As used in this section, the term "retained spring
94training franchise" means a spring training franchise that has
95been based in this state prior to January 1, 2000.
96     (b)  Prior to certifying an applicant as a "facility for a
97retained spring training franchise," the Office of Tourism,
98Trade, and Economic Development must determine that:
99     1.  A "unit of local government" as defined in s. 218.369
100is responsible for the acquisition, construction, management, or
101operation of the facility for a retained spring training
102franchise or holds title to the property on which the facility
103for a retained spring training franchise is located.
104     2.  The applicant has a verified copy of a signed agreement
105with a retained spring training franchise for the use of the
106facility for a term of at least 15 years.
107     3.  The applicant has a financial commitment to provide 50
108percent or more of the funds required by an agreement for the
109acquisition, construction, or renovation of the facility for a
110retained spring training franchise. The agreement can be
111contingent upon the awarding of funds under this section and
112other conditions precedent to use by the spring training
113franchise.
114     4.  The applicant has projections, verified by the Office
115of Tourism, Trade, and Economic Development, which demonstrate
116that the facility for a retained spring training franchise will
117attract a paid attendance of at least 50,000 annually.
118     5.  The facility for a retained spring training franchise
119is located in a county that is levying a tourist development tax
120pursuant to s. 125.0104.
121     (c)1.  The Office of Tourism, Trade, and Economic
122Development shall competitively evaluate applications for
123funding of a facility for a retained spring training franchise.
124The total number of certifications made by the Office of
125Tourism, Trade, and Economic Development shall not exceed 10. If
126the Office of Tourism, Trade, and Economic Development withdraws
127certification for any given facility or unit of local
128government, the Office of Tourism, Trade, and Economic
129Development may accept applications for an additional
130certification. A facility or unit of local government shall not
131be certified for more than one spring training franchise at any
132one time. Applications must be submitted by October 1, 2000,
133with certifications to be made by January 1, 2001. If the number
134of applicants exceeds five and the aggregate funding request of
135all applications exceeds $208,335 per month, the office shall
136rank the applications according to a selection criteria,
137certifying the highest ranked proposals. The evaluation criteria
138shall include, with priority given in descending order to the
139following items:
140     1.a.  The intended use of the funds by the applicant for
141acquisition of a facility, construction of a new facility, or
142renovation of an existing facility, with priority given to the
143construction of a new facility.
144     2.b.  The length of time that the existing franchise has
145been located in the state, with priority given to retaining
146franchises that have been in the same location the longest.
147     3.c.  The length of time that a facility to be used by a
148retained spring training franchise has been used by one or more
149spring training franchises, with priority given to a facility
150that has been in continuous use as a facility for spring
151training the longest.
152     4.d.  For those teams leasing a spring training facility
153from a unit of local government, the remaining time on the lease
154for facilities used by the spring training franchise, with
155priority given to the shortest time period remaining on the
156lease.
157     5.e.  The duration of the future-use agreement with the
158retained spring training franchise, with priority given to the
159future-use agreement having the longest duration.
160     6.f.  The amount of the local match, with priority given to
161the largest percentage of local match proposed.
162     7.g.  The net increase of total active recreation space
163owned by the applying unit of local government following the
164acquisition of land for the spring training facility, with
165priority given to the largest percentage increase of total
166active recreation space.
167     8.h.  The location of the facility in a brownfield, an
168enterprise zone, a community redevelopment area, or other area
169of targeted development or revitalization included in an Urban
170Infill Redevelopment Plan, with priority given to facilities
171located in these areas.
172     9.i.  The projections on paid attendance attracted by the
173facility and the proposed effect on the economy of the local
174community, with priority given to the highest projected paid
175attendance.
176     2.  Beginning July 1, 2006, the Office of Tourism, Trade,
177and Economic Development shall competitively evaluate
178applications for funding of facilities for retained spring
179training franchises in addition to those certified and funded
180under subparagraph 1. An applicant that is a unit of government
181that has an agreement for a retained spring training franchise
182for 15 or more years which was entered into between July 1,
1832003, and July 1, 2004, shall be eligible for funding.
184Applications must be submitted by October 1, 2006, with
185certifications to be made by January 1, 2007. The office shall
186rank the applications according to selection criteria,
187certifying no more than five proposals. The aggregate funding
188request of all applicants certified shall not exceed an
189aggregate funding request of $208,335 per month. The evaluation
190criteria shall include the following, with priority given in
191descending order:
192     a.  The intended use of the funds by the applicant for
193acquisition or construction of a new facility.
194     b.  The intended use of the funds by the applicant to
195renovate a facility.
196     c.  The length of time that a facility to be used by a
197retained spring training franchise has been used by one or more
198spring training franchises, with priority given to a facility
199that has been in continuous use as a facility for spring
200training the longest.
201     d.  For those teams leasing a spring training facility from
202a unit of local government, the remaining time on the lease for
203facilities used by the spring training franchise, with priority
204given to the shortest time period remaining on the lease. For
205consideration under this subparagraph, the remaining time on the
206lease shall not exceed 5 years, unless an agreement of 15 years
207or more was entered into between July 1, 2003, and July 1, 2004.
208     e.  The duration of the future-use agreement with the
209retained spring training franchise, with priority given to the
210future-use agreement having the longest duration.
211     f.  The amount of the local match, with priority given to
212the largest percentage of local match proposed.
213     g.  The net increase of total active recreation space owned
214by the applying unit of local government following the
215acquisition of land for the spring training facility, with
216priority given to the largest percentage increase of total
217active recreation space.
218     h.  The location of the facility in a brownfield area, an
219enterprise zone, a community redevelopment area, or another area
220of targeted development or revitalization included in an urban
221infill redevelopment plan, with priority given to facilities
222located in those areas.
223     i.  The projections on paid attendance attracted by the
224facility and the proposed effect on the economy of the local
225community, with priority given to the highest projected paid
226attendance.
227     (d)  Funds may not be expended to subsidize privately owned
228and maintained facilities for use by the spring training
229franchise.
230     (e)  Funds may be used to relocate a retained spring
231training franchise to another unit of local government if
232approved by the Office of Tourism, Trade, and Economic
233Development upon a review of documentation showing that the
234local government currently certified as the host for the
235franchise seeking to move no longer meets the criteria for
236certification and state funding and has been decertified
237pursuant to subsection (10) and only if the existing unit of
238local government with the retained spring training franchise
239agrees to the relocation.
240     (6)(a)  An applicant certified as a facility for a new
241professional sports franchise or a facility for a retained
242professional sports franchise or as a facility for a retained
243spring training franchise may use funds provided pursuant to s.
244212.20 only for the public purpose of paying for the
245acquisition, construction, reconstruction, or renovation of a
246facility for a new professional sports franchise, a facility for
247a retained professional sports franchise, or a facility for a
248retained spring training franchise or to pay or pledge for the
249payment of debt service on, or to fund debt service reserve
250funds, arbitrage rebate obligations, or other amounts payable
251with respect to, bonds issued for the acquisition, construction,
252reconstruction, or renovation of such facility or for the
253reimbursement of such costs or the refinancing of bonds issued
254for such purposes.
255     (b)  Beginning September 1, 2008, and every year
256thereafter, each local governmental entity certified to receive
257funding for a facility for a retained spring training franchise
258shall submit to the Office of Tourism, Trade, and Economic
259Development a report that includes, but is not limited to, a
260copy of its most recent annual audit, a detailed report on all
261local and state funds expended to date on the project being
262financed pursuant to this section, a copy of the contract
263between the certified local governmental entity and the spring
264training team, a cost-benefit analysis of the team's impact on
265the community, and evidence that the certified applicant
266continues to meet the criteria in paragraph (5)(b).
267     (9)  An applicant is not qualified for certification under
268this section if the franchise formed the basis for a previous
269certification, unless the previous certification was withdrawn
270by the facility or invalidated by the Office of Tourism, Trade,
271and Economic Development or the Department of Commerce before
272any funds were distributed pursuant to s. 212.20 or has been
273decertified pursuant to subsection (10). This subsection does
274not disqualify an applicant if the previous certification
275occurred between May 23, 1993, and May 25, 1993; however, any
276funds to be distributed pursuant to s. 212.20 for the second
277certification shall be offset by the amount distributed to the
278previous certified facility. Distribution of funds for the
279second certification shall not be made until all amounts payable
280for the first certification have been distributed.
281     (10)(a) The Office of Tourism, Trade, and Economic
282Development may decertify an applicant for funding pursuant to
283s. 212.20 upon approval of the local government or upon receipt
284of information that the applicant no longer meets the following
285criteria:
286     1.  The local government has a valid, unexpired legal
287agreement with a baseball spring-training franchise; or
288     2. The local government is continuing to meet its financial
289obligations originally approved during the certification
290process.
291     (b)  A local government opposing a decertification shall
292have 60 days to demonstrate to the office that the information
293is incorrect, prior to decertification becoming official. The
294Office of Tourism, Trade, and Economic Development shall notify
295the Department of Revenue within 10 days after the
296decertification has become official.
297     (c)  The Office of Tourism, Trade, and Economic Development
298shall order a decertified local government to repay the total
299amount of unencumbered state funds received and any interest
300earnings on those funds within 60 days after the decertification
301becomes official. These funds and their interest earnings shall
302be deposited into the General Revenue Fund.
303     (11)  For the purpose of retaining the tradition of spring
304training baseball in this state, by December 31, 2008, the
305Office of Tourism, Trade, and Economic Development shall develop
306a comprehensive strategic plan related to the following:
307     (a)  Financing of spring training facilities.
308     (b)  Certification and decertification processes, including
309development of the contract or funding agreement to be signed by
310the office and local governments, including local governments
311currently certified.
312     (c)  Recovery of state funds from decertified local
313governments.
314     (d)  Monitoring and oversight of the state funds awarded to
315applicants.
316     (e)  Identification of the financial impact spring training
317has on the state.
318     (f)  Identification of efforts made by other states to
319develop or grow their baseball spring training efforts and the
320effect of those efforts on this state's relationship with
321professional baseball.
322     (g)  Legislative recommendations on how to sustain or
323improve this state's spring training tradition.
324     (h)  Recommendations for the role and responsibilities for
325a Florida Commissioner of Baseball.
326
327A copy of the strategic plan shall be submitted to the Governor,
328the President of the Senate, and the Speaker of the House of
329Representatives.
330     (12)  The Office of Tourism, Trade, and Economic
331Development may adopt rules pursuant to ss. 120.536(1) and
332120.54 to administer this section.
333     Section 4.  Subsection (2) of section 288.9622, Florida
334Statutes, is amended to read:
335     (2)  It is the intent of the Legislature that ss. 288.9621-
336288.9625 serve to mobilize private investment in a broad variety
337of venture capital partnerships in diversified industries and
338geographies; retain private sector investment criteria focused
339on rate of return; use the services of highly qualified managers
340in the venture capital industry regardless of location;
341facilitate the organization of the Florida Opportunity Fund as
342an a fund-of-funds investor in seed and early stage businesses,
343venture capital, or and angel funds; and precipitate capital
344investment and extensions of credit to and in the Florida
345Opportunity Fund.
346     Section 5.  Subsection (2) and paragraphs (a) and (d) of
347subsection (4) of section 288.9624, Florida Statutes, are
348amended to read:
349     288.9624  Florida Opportunity Fund; creation; duties.--
350     (2)  Upon organization, the board shall conduct a national
351solicitation for investment plan proposals from qualified
352venture capital investment managers for the raising and
353investing of capital by the Florida Opportunity Fund. Any
354proposed investment plan must address the applicant's level of
355experience, quality of management, investment philosophy and
356process, provability of success in fundraising, prior investment
357fund results, and plan for achieving the purposes of ss.
358288.9621-288.9624. The board shall select only venture capital
359investment managers having demonstrated expertise in the
360management of and investment in companies.
361     (4)  For the purpose of mobilizing investment in a broad
362variety of Florida-based, new technology companies and
363generating a return sufficient to continue reinvestment, the
364fund shall:
365     (a)1.  Invest directly only in seed and early stage venture
366capital funds that have experienced managers or management teams
367with demonstrated experience, expertise, and a successful
368history in the investment of venture capital funds. Investments
369must be focused, focusing on opportunities in this state. The
370fund may not make direct investments in individual, Florida-
371based businesses or businesses that have potential to create
372significant economic benefit by creating jobs in Florida or
373solving significant economic problems for Florida communities
374with strategic technologies businesses. While not precluded from
375investing in venture capital funds that have investments outside
376this state, the fund must require a venture capital fund to show
377a record of successful investment in this state, to be based in
378this state, or to have an office in this state staffed with a
379full-time, professional venture investment executive in order to
380be eligible for investment.
381     2.  In entering into partnerships with state universities
382that are designated as research universities having very high
383research activity by the 2005 Carnegie Classifications, invest
384directly in state-based seed or early stage venture capital
385funds. These investments shall be used to support companies that
386are developing the commercialization of a particular product or
387service and that are operating from laboratory or office space
388on a university campus which has been constructed by a private
389developer who is providing a minimum match of $3 for every $1 of
390state funds for constructions and investment.
391     (d)  Invest only in funds or businesses that have raised
392capital from other sources so that the amount invested in such
393funds or businesses in an entity in this state is at least twice
394the amount invested by the fund. Investments must be made in
395Florida-based companies or businesses that have potential to
396create significant economic benefit by creating jobs in Florida
397or solving significant economic problems for Florida communities
398with strategic technologies. Strategic technologies include ,
399including, but are not limited to, enterprises in life sciences,
400information technology, advanced manufacturing processes,
401aviation and aerospace, and homeland security and defense, as
402well as other strategic technologies.
403     Section 6.  For the 2008-2009 fiscal year, the sum of $20
404million is appropriated from the General Revenue Fund to the
405Building Florida's Future Revolving Trust Fund which shall be
406used by the Office of Tourism, Trade, and Economic Development
407for the purpose of administering this act. Notwithstanding the
408provisions of s. 2163.301, Florida Statutes, the unexpended
409balance of this appropriation shall not revert.
410     Section 7.  This act shall take effect July 1, 2008.
411
412
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413
T I T L E  A M E N D M E N T
414     Remove the entire title and insert:
415
416
A bill to be entitled
417An act relating to economic development; creating s. 288.097,
418F.S.; establishing Building Florida's Future Revolving Loan
419Guarantee Program within the Office of Tourism, Trade, and
420Economic Development; providing for the program to provide loan
421guarantees or credit enhancements to units of local government
422or to private entities for use in constructing or modernizing
423facilities and infrastructure necessary to attract or expand
424certain industries as part of an economic-development project;
425providing requirements and criteria for the office to consider
426in evaluating requests; requiring Enterprise Florida, Inc., to
427assist the office in its evaluation; requiring the Office of
428Tourism, Trade, and Economic Development to adopt rules;
429requiring that the office provide an annual report to the
430Legislature regarding the program; providing that the fund is
431contingent on passage of a companion bill; amending s. 288.1254,
432F.S., relating to the reversion of appropriations for film
433incentives; providing a limited amount of funds to be used for
434international cultural festivals upon certain determinations;
435amending s. 288.1162, F.S.; revising provisions relating to
436funding for relocation of spring training franchises; requiring
437local governments receiving funds to submit annual reports;
438providing for decertification of an applicant; requiring the
439Office of Tourism, Trade, and Economic Development to develop a
440comprehensive strategic plan including the use of financial
441resources for the purpose of retaining the tradition of spring
442training in this state; providing rulemaking authority; amending
443s. 288.9622, F.S.; revising legislative intent; amending s.
444288.9624, F.S., relating to the Florida Opportunity Fund,
445providing that venture capital funds affiliated with certain
446state universities are eligible for investment by the fund;
447providing for specified direct business investments by the fund;
448providing an appropriation; providing for nonreversion of
449certain unexpended balances; providing an effective date.


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