1 | Representative Mayfield offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Between lines 1345 and 1346, insert: |
5 | Section 24. Present paragraphs (a) through (n) of |
6 | subsection (2) of section 288.1089, Florida Statutes, are |
7 | redesignated as paragraphs (b) through (o), respectively, and a |
8 | new paragraph (a) is added to that subsection, subsections (3), |
9 | (5), (6), and (7) of that section are amended, and paragraph (d) |
10 | is added to subsection (4) of that section, to read: |
11 | 288.1089 Innovation Incentive Program.-- |
12 | (1) The Innovation Incentive Program is created within the |
13 | Office of Tourism, Trade, and Economic Development to ensure |
14 | that sufficient resources are available to allow the state to |
15 | respond expeditiously to extraordinary economic opportunities |
16 | and to compete effectively for high-value research and |
17 | development and innovation business projects. |
18 | (2) As used in this section, the term: |
19 | (a) "Alternative and renewable energy" means electrical, |
20 | mechanical, or thermal energy produced from a method that uses |
21 | one or more of the following fuels or energy sources: ethanol, |
22 | cellulosic ethanol, biobutanol, biodiesel, biomass, biogas, |
23 | hydrogen fuel cells, ocean energy, hydrogen, solar, hydro, wind, |
24 | or geothermal. |
25 | (3) To be eligible for consideration for an innovation |
26 | incentive award, an innovation business or research and |
27 | development entity, or alternative and renewable energy project |
28 | must submit a written application to Enterprise Florida, Inc., |
29 | before making a decision to locate new operations in this state |
30 | or expand an existing operation in this state. The application |
31 | must include, but not be limited to: |
32 | (a) The applicant's federal employer identification |
33 | number, unemployment account number, and state sales tax |
34 | registration number. If such numbers are not available at the |
35 | time of application, they must be submitted to the office in |
36 | writing prior to the disbursement of any payments under this |
37 | section. |
38 | (b) The location in this state at which the project is |
39 | located or is to be located. |
40 | (c) A description of the type of business activity, |
41 | product, or research and development undertaken by the |
42 | applicant, including six-digit North American Industry |
43 | Classification System codes for all activities included in the |
44 | project. |
45 | (d) The applicant's projected investment in the project. |
46 | (e) The total investment, from all sources, in the |
47 | project. |
48 | (f) The number of net new full-time equivalent jobs in |
49 | this state the applicant anticipates having created as of |
50 | December 31 of each year in the project and the average annual |
51 | wage of such jobs. |
52 | (g) The total number of full-time equivalent employees |
53 | currently employed by the applicant in this state, if |
54 | applicable. |
55 | (h) The anticipated commencement date of the project. |
56 | (i) A detailed explanation of why the innovation incentive |
57 | is needed to induce the applicant to expand or locate in the |
58 | state and whether an award would cause the applicant to locate |
59 | or expand in this state. |
60 | (j) If applicable, an estimate of the proportion of the |
61 | revenues resulting from the project that will be generated |
62 | outside this state. |
63 | (4) To qualify for review by the office, the applicant |
64 | must, at a minimum, establish the following to the satisfaction |
65 | of Enterprise Florida, Inc., and the office: |
66 | (d) For an alternative and renewable energy project in |
67 | this state, the project must: |
68 | 1. Demonstrate a plan for significant collaboration with |
69 | an institution of higher education; |
70 | 2. Provide the state, at a minimum, a break-even return on |
71 | investment within a 20-year period; |
72 | 3. Include matching funds provided by the applicant or |
73 | other available sources. This requirement may be waived if the |
74 | office and the department determine that the merits of the |
75 | individual project or the specific circumstances warrant such |
76 | action; |
77 | 4. Be located in this state; |
78 | 5. Provide jobs that pay an estimated annual average wage |
79 | that equals at least 130 percent of the average private-sector |
80 | wage. The average wage requirement may be waived if the office |
81 | and the commission determine that the merits of the individual |
82 | project or the specific circumstances warrant such action; and |
83 | 6. Meet one of the following criteria: |
84 | a. Result in the creation of at least 35 direct, new jobs |
85 | at the business. |
86 | b. Have an activity or product that uses feedstock or |
87 | other raw materials grown or produced in this state. |
88 | c. Have a cumulative investment of at least $50 million |
89 | within a 5-year period. |
90 | d. Address the technical feasibility of the technology, |
91 | and the extent to which the proposed project has been |
92 | demonstrated to be technically feasible based on pilot project |
93 | demonstrations, laboratory testing, scientific modeling, or |
94 | engineering or chemical theory that supports the proposal. |
95 | e. Include innovative technology and the degree to which |
96 | the project or business incorporates an innovative new |
97 | technology or an innovative application of an existing |
98 | technology. |
99 | f. Include production potential and the degree to which a |
100 | project or business generates thermal, mechanical, or electrical |
101 | energy by means of a renewable energy resource that has |
102 | substantial long-term production potential. The project must, to |
103 | the extent possible, quantify annual production potential in |
104 | megawatts or kilowatts. |
105 | g. Include and address energy efficiency and the degree to |
106 | which a project demonstrates efficient use of energy, water, and |
107 | material resources. |
108 | h. Include project management and the ability of |
109 | management to administer a complete the business project. |
110 | (5) Enterprise Florida, Inc., shall evaluate proposals for |
111 | innovation incentive awards and transmit recommendations for |
112 | awards to the office. Enterprise Florida, Inc., shall solicit |
113 | comments and recommendations from the Florida Energy and Climate |
114 | Commission for alternative and renewable energy project |
115 | proposals. Such evaluation and recommendation must include, but |
116 | need not be limited to: |
117 | (a) A description of the project, its required facilities, |
118 | and the associated product, service, or research and development |
119 | associated with the project. |
120 | (b) The percentage of match provided for the project. |
121 | (c) The number of full-time equivalent jobs that will be |
122 | created by the project, the total estimated average annual wages |
123 | of such jobs, and the types of business activities and jobs |
124 | likely to be stimulated by the project. |
125 | (d) The cumulative investment to be dedicated to the |
126 | project within 5 years and the total investment expected in the |
127 | project if more than 5 years. |
128 | (e) The projected economic and fiscal impacts on the local |
129 | and state economies relative to investment. |
130 | (f) A statement of any special impacts the project is |
131 | expected to stimulate in a particular business sector in the |
132 | state or regional economy or in the state's universities and |
133 | community colleges. |
134 | (g) A statement of any anticipated or proposed |
135 | relationships with state universities. |
136 | (h) A statement of the role the incentive is expected to |
137 | play in the decision of the applicant to locate or expand in |
138 | this state. |
139 | (i) A recommendation and explanation of the amount of the |
140 | award needed to cause the applicant to expand or locate in this |
141 | state. |
142 | (j) A discussion of the efforts and commitments made by |
143 | the local community in which the project is to be located to |
144 | induce the applicant's location or expansion, taking into |
145 | consideration local resources and abilities. |
146 | (k) A recommendation for specific performance criteria the |
147 | applicant would be expected to achieve in order to receive |
148 | payments from the fund and penalties or sanctions for failure to |
149 | meet or maintain performance conditions. |
150 | (l) For a research and development facility project: |
151 | 1. A description of the extent to which the project has |
152 | the potential to serve as catalyst for an emerging or evolving |
153 | cluster. |
154 | 2. A description of the extent to which the project has or |
155 | could have a long-term collaborative research and development |
156 | relationship with one or more universities or community colleges |
157 | in this state. |
158 | 3. A description of the existing or projected impact of |
159 | the project on established clusters or targeted industry |
160 | sectors. |
161 | 4. A description of the project's contribution to the |
162 | diversity and resiliency of the innovation economy of this |
163 | state. |
164 | 5. A description of the project's impact on special needs |
165 | communities, including, but not limited to, rural areas, |
166 | distressed urban areas, and enterprise zones. |
167 | (6) In consultation with Enterprise Florida, Inc., the |
168 | office may negotiate the proposed amount of an award for any |
169 | applicant meeting the requirements of this section. In |
170 | negotiating such award, the office shall consider the amount of |
171 | the incentive needed to cause the applicant to locate or expand |
172 | in this state in conjunction with other relevant applicant |
173 | impact and cost information and analysis as described in this |
174 | section. Particular emphasis shall be given to the potential for |
175 | the project to stimulate additional private investment and high- |
176 | quality employment opportunities in the area. |
177 | (7) Upon receipt of the evaluation and recommendation from |
178 | Enterprise Florida, Inc., and from the Florida Energy and |
179 | Climate Commission for alternative and renewable energy project |
180 | proposals, the director shall recommend to the Governor the |
181 | approval or disapproval of an award. In recommending approval of |
182 | an award, the director shall include proposed performance |
183 | conditions that the applicant must meet in order to obtain |
184 | incentive funds and any other conditions that must be met before |
185 | the receipt of any incentive funds. The Governor shall consult |
186 | with the President of the Senate and the Speaker of the House of |
187 | Representatives before giving approval for an award. |
188 | (a) Upon approval of an award for a research and |
189 | development project or an innovation business project, the |
190 | Executive Office of the Governor shall release the funds |
191 | pursuant to the legislative consultation and review requirements |
192 | set forth in s. 216.177. |
193 | (b) Upon approval of an award for an alternative and |
194 | renewable energy project, the Executive Office of the Governor |
195 | shall release the funds pursuant to the legislative consultation |
196 | and review requirements set forth in s. 216.177, with the |
197 | exception that upon written notice from either the chair or the |
198 | vice chair of the Legislative Budget Commission or the President |
199 | of the Senate or the Speaker of the House of Representatives |
200 | that the award exceeds the delegated authority of Executive |
201 | Office of the Governor or is contrary to legislative policy and |
202 | intent, the Governor shall void such action until the |
203 | Legislative Budget Commission or the Legislature addresses the |
204 | issue. |
205 | (8) Upon approval by the Governor and release of the funds |
206 | as set forth in subsection (7), the director shall issue a |
207 | letter certifying the applicant as qualified for an award. The |
208 | office and the applicant shall enter into an agreement that sets |
209 | forth the conditions for payment of incentives. The agreement |
210 | must include the total amount of funds awarded; the performance |
211 | conditions that must be met to obtain the award or portions of |
212 | the award, including, but not limited to, net new employment in |
213 | the state, average wage, and total cumulative investment; |
214 | demonstration of a baseline of current service and a measure of |
215 | enhanced capability; the methodology for validating performance; |
216 | the schedule of payments; and sanctions for failure to meet |
217 | performance conditions, including any clawback provisions. |
218 | (9) Enterprise Florida, Inc., shall assist the office in |
219 | validating the performance of an innovation business or research |
220 | and development facility that has received an award. At the |
221 | conclusion of the innovation incentive award agreement, or its |
222 | earlier termination, Enterprise Florida, Inc., shall, within 90 |
223 | days, report the results of the innovation incentive award to |
224 | the Governor, the President of the Senate, and the Speaker of |
225 | the House of Representatives. |
226 | (10) Enterprise Florida, Inc., shall develop business ethics |
227 | standards based on appropriate best industry practices which |
228 | shall be applicable to all award recipients. The standards shall |
229 | address ethical duties of business enterprises, fiduciary |
230 | responsibilities of management, and compliance with the laws of |
231 | this state. Enterprise Florida, Inc., may collaborate with the |
232 | State University System in reviewing and evaluating appropriate |
233 | business ethics standards. Such standards shall be provided to |
234 | the Governor, the President of the Senate, and the Speaker of |
235 | the House of Representatives by December 31, 2006. An award |
236 | agreement entered into on or after December 31, 2006, shall |
237 | require a recipient to comply with the business ethics standards |
238 | developed pursuant to this section. |
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243 | ----------------------------------------------------- |
244 | T I T L E A M E N D M E N T |
245 | Remove line 111 and insert: |
246 | contract; amending s. 288.1089, F.S.; defining the term |
247 | "alternative and renewable energy"; detailing the conditions for |
248 | an alternative and renewable energy project to be eligible for |
249 | an innovation incentive award; amending s. 316.0741, F.S.; |
250 | requiring all hybrid |
251 |
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