1 | Representative Weatherford offered the following: |
2 |
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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 |
6 | read: |
7 | 288.097 Building Florida's Future Revolving Loan Guarantee |
8 | Program.-- |
9 | (1) As used in this section, the term "targeted |
10 | industries" means those industries referenced in s. |
11 | 288.106(1)(o). |
12 | (2) There is created within the Office of Tourism, Trade, |
13 | and Economic Development the Building Florida's Future Revolving |
14 | Loan Guarantee Program. The purpose of the program is to provide |
15 | loan guarantees or credit enhancements to units of local |
16 | government or private entities seeking financing to construct or |
17 | modernize facilities and infrastructure necessary to attract or |
18 | expand targeted industries as part of an economic-development |
19 | project. |
20 | (3) The program may provide loan guarantees or other |
21 | credit enhancements to applicants seeking financing for the |
22 | following purposes: |
23 | (a) The acquisition of land, buildings, or fixed |
24 | equipment; |
25 | (b) Site preparation and the construction or |
26 | reconstruction of buildings; or |
27 | (c) The installation of or provision of access to |
28 | telecommunications, energy sources, or other water supply |
29 | utilities. |
30 | (4)(a) All moneys available within the program's trust |
31 | fund, including investment earnings, are designated to carry out |
32 | the purposes of this section. |
33 | (b) Any funds within the trust fund that are not needed on |
34 | an immediate basis for loan guarantees or credit enhancements |
35 | may be invested pursuant to s. 215.49. The cost of administering |
36 | the program may be paid from reasonable service fees that may be |
37 | imposed upon applicants so as to enhance program perpetuity. |
38 | (5) The office shall consider, but need not be limited to, |
39 | the following criteria in evaluating projects for assistance: |
40 | (a) A demonstration that the project would create or |
41 | enhance economic benefits. |
42 | (b) The likelihood that the loan guarantee or credit |
43 | enhancement would enable the project to proceed. |
44 | (c) The extent to which assistance would foster innovative |
45 | public-private partnerships and attract private debt or equity |
46 | investment. |
47 | (d) The creditworthiness of the entity or entities |
48 | applying to the program. |
49 | (e) Whether the project is consistent, to the maximum |
50 | extent feasible, with local government comprehensive plans. |
51 | (6) Enterprise Florida, Inc., shall assist the office in |
52 | evaluating applications and determining whether an applicant |
53 | meets the criteria of subsection (5). |
54 | (7) The office shall adopt rules pursuant to ss. |
55 | 120.536(1) and 120.54 to administer the program which specify |
56 | the application forms, deadlines for submitting applications, |
57 | requirements for the selection process, service fees, and |
58 | requirements for audits. |
59 | (8) The office shall submit to the President of the Senate |
60 | and the Speaker of the House of Representatives an annual report |
61 | concerning activity within the program. The first report shall |
62 | be submitted on January 5, 2009, and subsequent reports shall be |
63 | submitted on January 5 every year thereafter, so long as the |
64 | revolving fund exists. |
65 | (9) The fund shall be created if CS/CS/SB Senate Bill 2712 |
66 | or similar legislation is adopted in the same legislative |
67 | session or an extension thereof and becomes law. |
68 | Section 2. Subsection (8) is added to section 288.1254, |
69 | Florida Statutes, to read: |
70 | 288.1254 Entertainment industry financial incentive |
71 | program.-- |
72 | (8) REVERSION OF FUNDS; USE FOR FILM OR ARTS |
73 | FESTIVALS.--Notwithstanding any provision of s. 216.301 to the |
74 | contrary, funds appropriated for the purposes of implementing |
75 | this section shall not revert until the end of the second fiscal |
76 | year of the appropriation. Of funds appropriated in fiscal year |
77 | 2008-2009, $1.5 million shall be used for international cultural |
78 | festival planning and programming that generates significant |
79 | regional or statewide return on investment and uses existing |
80 | state-owned cultural facilities. |
81 | Section 3. Subsections (1), (5), (6), and (9) of section |
82 | 288.1162, 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 |
85 | franchises; duties.-- |
86 | (1) The Office of Tourism, Trade, and Economic Development |
87 | shall serve as the state agency for screening applicants for |
88 | state funding pursuant to s. 212.20 and for certifying an |
89 | applicant as a "facility for a new professional sports |
90 | franchise," a "facility for a retained professional sports |
91 | franchise," or a "facility for a retained spring training |
92 | franchise." to receive state funding pursuant to s. 212.20. |
93 | (5)(a) As used in this section, the term "retained spring |
94 | training franchise" means a spring training franchise that has |
95 | been based in this state prior to January 1, 2000. |
96 | (b) Prior to certifying an applicant as a "facility for a |
97 | retained spring training franchise," the Office of Tourism, |
98 | Trade, and Economic Development must determine that: |
99 | 1. A "unit of local government" as defined in s. 218.369 |
100 | is responsible for the acquisition, construction, management, or |
101 | operation of the facility for a retained spring training |
102 | franchise or holds title to the property on which the facility |
103 | for a retained spring training franchise is located. |
104 | 2. The applicant has a verified copy of a signed agreement |
105 | with a retained spring training franchise for the use of the |
106 | facility for a term of at least 15 years. |
107 | 3. The applicant has a financial commitment to provide 50 |
108 | percent or more of the funds required by an agreement for the |
109 | acquisition, construction, or renovation of the facility for a |
110 | retained spring training franchise. The agreement can be |
111 | contingent upon the awarding of funds under this section and |
112 | other conditions precedent to use by the spring training |
113 | franchise. |
114 | 4. The applicant has projections, verified by the Office |
115 | of Tourism, Trade, and Economic Development, which demonstrate |
116 | that the facility for a retained spring training franchise will |
117 | attract a paid attendance of at least 50,000 annually. |
118 | 5. The facility for a retained spring training franchise |
119 | is located in a county that is levying a tourist development tax |
120 | pursuant to s. 125.0104. |
121 | (c)1. The Office of Tourism, Trade, and Economic |
122 | Development shall competitively evaluate applications for |
123 | funding of a facility for a retained spring training franchise. |
124 | The total number of certifications made by the Office of |
125 | Tourism, Trade, and Economic Development shall not exceed 10. If |
126 | the Office of Tourism, Trade, and Economic Development withdraws |
127 | certification for any given facility or unit of local |
128 | government, the Office of Tourism, Trade, and Economic |
129 | Development may accept applications for an additional |
130 | certification. A facility or unit of local government shall not |
131 | be certified for more than one spring training franchise at any |
132 | one time. Applications must be submitted by October 1, 2000, |
133 | with certifications to be made by January 1, 2001. If the number |
134 | of applicants exceeds five and the aggregate funding request of |
135 | all applications exceeds $208,335 per month, the office shall |
136 | rank the applications according to a selection criteria, |
137 | certifying the highest ranked proposals. The evaluation criteria |
138 | shall include, with priority given in descending order to the |
139 | following items: |
140 | 1.a. The intended use of the funds by the applicant for |
141 | acquisition of a facility, construction of a new facility, or |
142 | renovation of an existing facility, with priority given to the |
143 | construction of a new facility. |
144 | 2.b. The length of time that the existing franchise has |
145 | been located in the state, with priority given to retaining |
146 | franchises that have been in the same location the longest. |
147 | 3.c. The length of time that a facility to be used by a |
148 | retained spring training franchise has been used by one or more |
149 | spring training franchises, with priority given to a facility |
150 | that has been in continuous use as a facility for spring |
151 | training the longest. |
152 | 4.d. For those teams leasing a spring training facility |
153 | from a unit of local government, the remaining time on the lease |
154 | for facilities used by the spring training franchise, with |
155 | priority given to the shortest time period remaining on the |
156 | lease. |
157 | 5.e. The duration of the future-use agreement with the |
158 | retained spring training franchise, with priority given to the |
159 | future-use agreement having the longest duration. |
160 | 6.f. The amount of the local match, with priority given to |
161 | the largest percentage of local match proposed. |
162 | 7.g. The net increase of total active recreation space |
163 | owned by the applying unit of local government following the |
164 | acquisition of land for the spring training facility, with |
165 | priority given to the largest percentage increase of total |
166 | active recreation space. |
167 | 8.h. The location of the facility in a brownfield, an |
168 | enterprise zone, a community redevelopment area, or other area |
169 | of targeted development or revitalization included in an Urban |
170 | Infill Redevelopment Plan, with priority given to facilities |
171 | located in these areas. |
172 | 9.i. The projections on paid attendance attracted by the |
173 | facility and the proposed effect on the economy of the local |
174 | community, with priority given to the highest projected paid |
175 | attendance. |
176 | 2. Beginning July 1, 2006, the Office of Tourism, Trade, |
177 | and Economic Development shall competitively evaluate |
178 | applications for funding of facilities for retained spring |
179 | training franchises in addition to those certified and funded |
180 | under subparagraph 1. An applicant that is a unit of government |
181 | that has an agreement for a retained spring training franchise |
182 | for 15 or more years which was entered into between July 1, |
183 | 2003, and July 1, 2004, shall be eligible for funding. |
184 | Applications must be submitted by October 1, 2006, with |
185 | certifications to be made by January 1, 2007. The office shall |
186 | rank the applications according to selection criteria, |
187 | certifying no more than five proposals. The aggregate funding |
188 | request of all applicants certified shall not exceed an |
189 | aggregate funding request of $208,335 per month. The evaluation |
190 | criteria shall include the following, with priority given in |
191 | descending order: |
192 | a. The intended use of the funds by the applicant for |
193 | acquisition or construction of a new facility. |
194 | b. The intended use of the funds by the applicant to |
195 | renovate a facility. |
196 | c. The length of time that a facility to be used by a |
197 | retained spring training franchise has been used by one or more |
198 | spring training franchises, with priority given to a facility |
199 | that has been in continuous use as a facility for spring |
200 | training the longest. |
201 | d. For those teams leasing a spring training facility from |
202 | a unit of local government, the remaining time on the lease for |
203 | facilities used by the spring training franchise, with priority |
204 | given to the shortest time period remaining on the lease. For |
205 | consideration under this subparagraph, the remaining time on the |
206 | lease shall not exceed 5 years, unless an agreement of 15 years |
207 | or more was entered into between July 1, 2003, and July 1, 2004. |
208 | e. The duration of the future-use agreement with the |
209 | retained spring training franchise, with priority given to the |
210 | future-use agreement having the longest duration. |
211 | f. The amount of the local match, with priority given to |
212 | the largest percentage of local match proposed. |
213 | g. The net increase of total active recreation space owned |
214 | by the applying unit of local government following the |
215 | acquisition of land for the spring training facility, with |
216 | priority given to the largest percentage increase of total |
217 | active recreation space. |
218 | h. The location of the facility in a brownfield area, an |
219 | enterprise zone, a community redevelopment area, or another area |
220 | of targeted development or revitalization included in an urban |
221 | infill redevelopment plan, with priority given to facilities |
222 | located in those areas. |
223 | i. The projections on paid attendance attracted by the |
224 | facility and the proposed effect on the economy of the local |
225 | community, with priority given to the highest projected paid |
226 | attendance. |
227 | (d) Funds may not be expended to subsidize privately owned |
228 | and maintained facilities for use by the spring training |
229 | franchise. |
230 | (e) Funds may be used to relocate a retained spring |
231 | training franchise to another unit of local government if |
232 | approved by the Office of Tourism, Trade, and Economic |
233 | Development upon a review of documentation showing that the |
234 | local government currently certified as the host for the |
235 | franchise seeking to move no longer meets the criteria for |
236 | certification and state funding and has been decertified |
237 | pursuant to subsection (10) and only if the existing unit of |
238 | local government with the retained spring training franchise |
239 | agrees to the relocation. |
240 | (6)(a) An applicant certified as a facility for a new |
241 | professional sports franchise or a facility for a retained |
242 | professional sports franchise or as a facility for a retained |
243 | spring training franchise may use funds provided pursuant to s. |
244 | 212.20 only for the public purpose of paying for the |
245 | acquisition, construction, reconstruction, or renovation of a |
246 | facility for a new professional sports franchise, a facility for |
247 | a retained professional sports franchise, or a facility for a |
248 | retained spring training franchise or to pay or pledge for the |
249 | payment of debt service on, or to fund debt service reserve |
250 | funds, arbitrage rebate obligations, or other amounts payable |
251 | with respect to, bonds issued for the acquisition, construction, |
252 | reconstruction, or renovation of such facility or for the |
253 | reimbursement of such costs or the refinancing of bonds issued |
254 | for such purposes. |
255 | (b) Beginning September 1, 2008, and every year |
256 | thereafter, each local governmental entity certified to receive |
257 | funding for a facility for a retained spring training franchise |
258 | shall submit to the Office of Tourism, Trade, and Economic |
259 | Development a report that includes, but is not limited to, a |
260 | copy of its most recent annual audit, a detailed report on all |
261 | local and state funds expended to date on the project being |
262 | financed pursuant to this section, a copy of the contract |
263 | between the certified local governmental entity and the spring |
264 | training team, a cost-benefit analysis of the team's impact on |
265 | the community, and evidence that the certified applicant |
266 | continues to meet the criteria in paragraph (5)(b). |
267 | (9) An applicant is not qualified for certification under |
268 | this section if the franchise formed the basis for a previous |
269 | certification, unless the previous certification was withdrawn |
270 | by the facility or invalidated by the Office of Tourism, Trade, |
271 | and Economic Development or the Department of Commerce before |
272 | any funds were distributed pursuant to s. 212.20 or has been |
273 | decertified pursuant to subsection (10). This subsection does |
274 | not disqualify an applicant if the previous certification |
275 | occurred between May 23, 1993, and May 25, 1993; however, any |
276 | funds to be distributed pursuant to s. 212.20 for the second |
277 | certification shall be offset by the amount distributed to the |
278 | previous certified facility. Distribution of funds for the |
279 | second certification shall not be made until all amounts payable |
280 | for the first certification have been distributed. |
281 | (10)(a) The Office of Tourism, Trade, and Economic |
282 | Development may decertify an applicant for funding pursuant to |
283 | s. 212.20 upon approval of the local government or upon receipt |
284 | of information that the applicant no longer meets the following |
285 | criteria: |
286 | 1. The local government has a valid, unexpired legal |
287 | agreement with a baseball spring-training franchise; or |
288 | 2. The local government is continuing to meet its financial |
289 | obligations originally approved during the certification |
290 | process. |
291 | (b) A local government opposing a decertification shall |
292 | have 60 days to demonstrate to the office that the information |
293 | is incorrect, prior to decertification becoming official. The |
294 | Office of Tourism, Trade, and Economic Development shall notify |
295 | the Department of Revenue within 10 days after the |
296 | decertification has become official. |
297 | (c) The Office of Tourism, Trade, and Economic Development |
298 | shall order a decertified local government to repay the total |
299 | amount of unencumbered state funds received and any interest |
300 | earnings on those funds within 60 days after the decertification |
301 | becomes official. These funds and their interest earnings shall |
302 | be deposited into the General Revenue Fund. |
303 | (11) For the purpose of retaining the tradition of spring |
304 | training baseball in this state, by December 31, 2008, the |
305 | Office of Tourism, Trade, and Economic Development shall develop |
306 | a comprehensive strategic plan related to the following: |
307 | (a) Financing of spring training facilities. |
308 | (b) Certification and decertification processes, including |
309 | development of the contract or funding agreement to be signed by |
310 | the office and local governments, including local governments |
311 | currently certified. |
312 | (c) Recovery of state funds from decertified local |
313 | governments. |
314 | (d) Monitoring and oversight of the state funds awarded to |
315 | applicants. |
316 | (e) Identification of the financial impact spring training |
317 | has on the state. |
318 | (f) Identification of efforts made by other states to |
319 | develop or grow their baseball spring training efforts and the |
320 | effect of those efforts on this state's relationship with |
321 | professional baseball. |
322 | (g) Legislative recommendations on how to sustain or |
323 | improve this state's spring training tradition. |
324 | (h) Recommendations for the role and responsibilities for |
325 | a Florida Commissioner of Baseball. |
326 | |
327 | A copy of the strategic plan shall be submitted to the Governor, |
328 | the President of the Senate, and the Speaker of the House of |
329 | Representatives. |
330 | (12) The Office of Tourism, Trade, and Economic |
331 | Development may adopt rules pursuant to ss. 120.536(1) and |
332 | 120.54 to administer this section. |
333 | Section 4. Subsection (2) of section 288.9622, Florida |
334 | Statutes, is amended to read: |
335 | (2) It is the intent of the Legislature that ss. 288.9621- |
336 | 288.9625 serve to mobilize private investment in a broad variety |
337 | of venture capital partnerships in diversified industries and |
338 | geographies; retain private sector investment criteria focused |
339 | on rate of return; use the services of highly qualified managers |
340 | in the venture capital industry regardless of location; |
341 | facilitate the organization of the Florida Opportunity Fund as |
342 | an a fund-of-funds investor in seed and early stage businesses, |
343 | venture capital, or and angel funds; and precipitate capital |
344 | investment and extensions of credit to and in the Florida |
345 | Opportunity Fund. |
346 | Section 5. Subsection (2) and paragraphs (a) and (d) of |
347 | subsection (4) of section 288.9624, Florida Statutes, are |
348 | amended to read: |
349 | 288.9624 Florida Opportunity Fund; creation; duties.-- |
350 | (2) Upon organization, the board shall conduct a national |
351 | solicitation for investment plan proposals from qualified |
352 | venture capital investment managers for the raising and |
353 | investing of capital by the Florida Opportunity Fund. Any |
354 | proposed investment plan must address the applicant's level of |
355 | experience, quality of management, investment philosophy and |
356 | process, provability of success in fundraising, prior investment |
357 | fund results, and plan for achieving the purposes of ss. |
358 | 288.9621-288.9624. The board shall select only venture capital |
359 | investment managers having demonstrated expertise in the |
360 | management of and investment in companies. |
361 | (4) For the purpose of mobilizing investment in a broad |
362 | variety of Florida-based, new technology companies and |
363 | generating a return sufficient to continue reinvestment, the |
364 | fund shall: |
365 | (a)1. Invest directly only in seed and early stage venture |
366 | capital funds that have experienced managers or management teams |
367 | with demonstrated experience, expertise, and a successful |
368 | history in the investment of venture capital funds. Investments |
369 | must be focused, focusing on opportunities in this state. The |
370 | fund may not make direct investments in individual, Florida- |
371 | based businesses or businesses that have potential to create |
372 | significant economic benefit by creating jobs in Florida or |
373 | solving significant economic problems for Florida communities |
374 | with strategic technologies businesses. While not precluded from |
375 | investing in venture capital funds that have investments outside |
376 | this state, the fund must require a venture capital fund to show |
377 | a record of successful investment in this state, to be based in |
378 | this state, or to have an office in this state staffed with a |
379 | full-time, professional venture investment executive in order to |
380 | be eligible for investment. |
381 | 2. In entering into partnerships with state universities |
382 | that are designated as research universities having very high |
383 | research activity by the 2005 Carnegie Classifications, invest |
384 | directly in state-based seed or early stage venture capital |
385 | funds. These investments shall be used to support companies that |
386 | are developing the commercialization of a particular product or |
387 | service and that are operating from laboratory or office space |
388 | on a university campus which has been constructed by a private |
389 | developer who is providing a minimum match of $3 for every $1 of |
390 | state funds for constructions and investment. |
391 | (d) Invest only in funds or businesses that have raised |
392 | capital from other sources so that the amount invested in such |
393 | funds or businesses in an entity in this state is at least twice |
394 | the amount invested by the fund. Investments must be made in |
395 | Florida-based companies or businesses that have potential to |
396 | create significant economic benefit by creating jobs in Florida |
397 | or solving significant economic problems for Florida communities |
398 | with strategic technologies. Strategic technologies include , |
399 | including, but are not limited to, enterprises in life sciences, |
400 | information technology, advanced manufacturing processes, |
401 | aviation and aerospace, and homeland security and defense, as |
402 | well as other strategic technologies. |
403 | Section 6. For the 2008-2009 fiscal year, the sum of $20 |
404 | million is appropriated from the General Revenue Fund to the |
405 | Building Florida's Future Revolving Trust Fund which shall be |
406 | used by the Office of Tourism, Trade, and Economic Development |
407 | for the purpose of administering this act. Notwithstanding the |
408 | provisions of s. 2163.301, Florida Statutes, the unexpended |
409 | balance of this appropriation shall not revert. |
410 | Section 7. This act shall take effect July 1, 2008. |
411 |
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412 | ----------------------------------------------------- |
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 |
417 | An act relating to economic development; creating s. 288.097, |
418 | F.S.; establishing Building Florida's Future Revolving Loan |
419 | Guarantee Program within the Office of Tourism, Trade, and |
420 | Economic Development; providing for the program to provide loan |
421 | guarantees or credit enhancements to units of local government |
422 | or to private entities for use in constructing or modernizing |
423 | facilities and infrastructure necessary to attract or expand |
424 | certain industries as part of an economic-development project; |
425 | providing requirements and criteria for the office to consider |
426 | in evaluating requests; requiring Enterprise Florida, Inc., to |
427 | assist the office in its evaluation; requiring the Office of |
428 | Tourism, Trade, and Economic Development to adopt rules; |
429 | requiring that the office provide an annual report to the |
430 | Legislature regarding the program; providing that the fund is |
431 | contingent on passage of a companion bill; amending s. 288.1254, |
432 | F.S., relating to the reversion of appropriations for film |
433 | incentives; providing a limited amount of funds to be used for |
434 | international cultural festivals upon certain determinations; |
435 | amending s. 288.1162, F.S.; revising provisions relating to |
436 | funding for relocation of spring training franchises; requiring |
437 | local governments receiving funds to submit annual reports; |
438 | providing for decertification of an applicant; requiring the |
439 | Office of Tourism, Trade, and Economic Development to develop a |
440 | comprehensive strategic plan including the use of financial |
441 | resources for the purpose of retaining the tradition of spring |
442 | training in this state; providing rulemaking authority; amending |
443 | s. 288.9622, F.S.; revising legislative intent; amending s. |
444 | 288.9624, F.S., relating to the Florida Opportunity Fund, |
445 | providing that venture capital funds affiliated with certain |
446 | state universities are eligible for investment by the fund; |
447 | providing for specified direct business investments by the fund; |
448 | providing an appropriation; providing for nonreversion of |
449 | certain unexpended balances; providing an effective date. |