Florida Senate - 2009                             CS for SB 1644
       
       
       
       By the Committee on Commerce; and Senator Ring
       
       
       
       
       577-03419-09                                          20091644c1
    1                        A bill to be entitled                      
    2         An act relating to economic development; creating the
    3         “Micro-Targeted Technology Commercialization Act”;
    4         providing that the purpose of the act is to promote
    5         the commercialization of certain technologies by
    6         startup and early stage companies in this state;
    7         amending s. 213.053, F.S.; authorizing the Department
    8         of Revenue to share certain confidential information
    9         with the Office of Tourism, Trade, and Economic
   10         Development; amending s. 220.02, F.S.; adding the tax
   11         credits available under s. 220.194, F.S., to the list
   12         of credits which may be taken against state corporate
   13         income tax; amending s. 220.13, F.S.; redefining the
   14         term “adjusted federal income” to prohibit a seller
   15         from deducting from his or her taxable income any net
   16         operating loss transferred pursuant to the act;
   17         amending s. 220.16, F.S.; providing for allocation of
   18         specified nonbusiness income to the state; creating s.
   19         220.194, F.S.; creating the Micro-Targeted Technology
   20         Commercialization Credit Transfer Program; providing
   21         intent, goals, and objectives; providing definitions;
   22         requiring that the Institute for the Commercialization
   23         of Public Research identify examples of micro-targeted
   24         technology and compile a list of the technology for
   25         the Office of Tourism, Trade, and Economic
   26         Development; requiring the office to certify eligible
   27         companies for the transfer of corporate income tax net
   28         operating loss amounts as certified credits; providing
   29         qualifications and an application process and
   30         requirements; requiring an application fee; providing
   31         for an application deadline; requiring the office to
   32         grant or deny an application within a specified time
   33         after receiving a completed application; providing for
   34         calculating the certified credit amount; providing a
   35         maximum amount that may be transferred; providing a
   36         penalty; requiring each certified company to file an
   37         annual report with the office; requiring the office
   38         and the Department of Revenue to adopt rules; creating
   39         s. 288.95, F.S.; creating the Micro-Targeted
   40         Technology Commercialization Assistance Grant Program;
   41         providing intent, goals, and objectives of the grant
   42         program; directing the Office of Tourism, Trade, and
   43         Economic Development to manage the grant program;
   44         directing the Florida Institute for the
   45         Commercialization of Public Research to review grant
   46         applications and submit recommendations to the Office
   47         of Tourism, Trade, and Economic Development;
   48         specifying eligibility requirements for grants;
   49         specifying the grant amount; detailing the permissible
   50         uses of the grant funds; requiring the Office of
   51         Tourism, Trade, and Economic Development to prepare an
   52         annual report; providing rulemaking authority;
   53         directing the Office of Program Policy Analysis and
   54         Government Accountability to review the program and
   55         prepare a report; providing an appropriation;
   56         providing for an allocation of the funds; providing
   57         for future repeal of the credit transfer program and
   58         the grant program; providing an effective date.
   59  
   60  Be It Enacted by the Legislature of the State of Florida:
   61  
   62         Section 1. Short title.—This act may be cited as the
   63  “Micro-Targeted Technology Commercialization Act.”
   64         Section 2. Legislative purpose.—The purpose of this act is
   65  to promote the commercialization of certain technologies by
   66  startup and early stage Florida companies, and to create high
   67  wage jobs in these industry sectors. The act creates two
   68  financial mechanisms to promote commercialization efforts: a net
   69  operating loss credit transfer program and a commercialization
   70  grant program.
   71         Section 3. Paragraph (z) is added to subsection (8) of
   72  section 213.053, Florida Statutes, to read:
   73         213.053 Confidentiality and information sharing.—
   74         (8) Notwithstanding any other provision of this section,
   75  the department may provide:
   76         (z)Information relative to tax credits taken under s.
   77  220.194 to the Office of Tourism, Trade, and Economic
   78  Development.
   79  
   80  Disclosure of information under this subsection shall be
   81  pursuant to a written agreement between the executive director
   82  and the agency. Such agencies, governmental or nongovernmental,
   83  shall be bound by the same requirements of confidentiality as
   84  the Department of Revenue. Breach of confidentiality is a
   85  misdemeanor of the first degree, punishable as provided by s.
   86  775.082 or s. 775.083.
   87         Section 4. Subsection (8) of section 220.02, Florida
   88  Statutes, is amended to read:
   89         220.02 Legislative intent.—
   90         (8) It is the intent of the Legislature that credits
   91  against either the corporate income tax or the franchise tax be
   92  applied in the following order: those enumerated in s. 631.828,
   93  those enumerated in s. 220.191, those enumerated in s. 220.181,
   94  those enumerated in s. 220.183, those enumerated in s. 220.182,
   95  those enumerated in s. 220.1895, those enumerated in s. 221.02,
   96  those enumerated in s. 220.184, those enumerated in s. 220.186,
   97  those enumerated in s. 220.1845, those enumerated in s. 220.19,
   98  those enumerated in s. 220.185, those enumerated in s. 220.187,
   99  those enumerated in s. 220.192, and those enumerated in s.
  100  220.193, and those enumerated in s. 220.194.
  101         Section 5. Paragraph (b) of subsection (1) of section
  102  220.13, Florida Statutes, is amended to read:
  103         220.13 “Adjusted federal income” defined.—
  104         (1) The term “adjusted federal income” means an amount
  105  equal to the taxpayer’s taxable income as defined in subsection
  106  (2), or such taxable income of more than one taxpayer as
  107  provided in s. 220.131, for the taxable year, adjusted as
  108  follows:
  109         (b) Subtractions.—
  110         1. There shall be subtracted from such taxable income:
  111         a. The net operating loss deduction allowable for federal
  112  income tax purposes under s. 172 of the Internal Revenue Code
  113  for the taxable year,
  114         b. The net capital loss allowable for federal income tax
  115  purposes under s. 1212 of the Internal Revenue Code for the
  116  taxable year,
  117         c. The excess charitable contribution deduction allowable
  118  for federal income tax purposes under s. 170(d)(2) of the
  119  Internal Revenue Code for the taxable year, and
  120         d. The excess contributions deductions allowable for
  121  federal income tax purposes under s. 404 of the Internal Revenue
  122  Code for the taxable year, except that any net operating loss
  123  transferred pursuant to s. 220.194 may not be deducted by the
  124  seller.
  125  
  126  However, a net operating loss and a capital loss shall never be
  127  carried back as a deduction to a prior taxable year, but all
  128  deductions attributable to such losses shall be deemed net
  129  operating loss carryovers and capital loss carryovers,
  130  respectively, and treated in the same manner, to the same
  131  extent, and for the same time periods as are prescribed for such
  132  carryovers in ss. 172 and 1212, respectively, of the Internal
  133  Revenue Code.
  134         2. There shall be subtracted from such taxable income any
  135  amount to the extent included therein the following:
  136         a. Dividends treated as received from sources without the
  137  United States, as determined under s. 862 of the Internal
  138  Revenue Code.
  139         b. All amounts included in taxable income under s. 78 or s.
  140  951 of the Internal Revenue Code.
  141  
  142  However, as to any amount subtracted under this subparagraph,
  143  there shall be added to such taxable income all expenses
  144  deducted on the taxpayer’s return for the taxable year which are
  145  attributable, directly or indirectly, to such subtracted amount.
  146  Further, no amount shall be subtracted with respect to dividends
  147  paid or deemed paid by a Domestic International Sales
  148  Corporation.
  149         3. In computing “adjusted federal income” for taxable years
  150  beginning after December 31, 1976, there shall be allowed as a
  151  deduction the amount of wages and salaries paid or incurred
  152  within this state for the taxable year for which no deduction is
  153  allowed pursuant to s. 280C(a) of the Internal Revenue Code
  154  (relating to credit for employment of certain new employees).
  155         4. There shall be subtracted from such taxable income any
  156  amount of nonbusiness income included therein, including
  157  payments received for a certified tax credit pursuant to s.
  158  220.194.
  159         5. There shall be subtracted any amount of taxes of foreign
  160  countries allowable as credits for taxable years beginning on or
  161  after September 1, 1985, under s. 901 of the Internal Revenue
  162  Code to any corporation which derived less than 20 percent of
  163  its gross income or loss for its taxable year ended in 1984 from
  164  sources within the United States, as described in s.
  165  861(a)(2)(A) of the Internal Revenue Code, not including credits
  166  allowed under ss. 902 and 960 of the Internal Revenue Code,
  167  withholding taxes on dividends within the meaning of sub
  168  subparagraph 2.a., and withholding taxes on royalties, interest,
  169  technical service fees, and capital gains.
  170         6. Notwithstanding any other provision of this code, except
  171  with respect to amounts subtracted pursuant to subparagraphs 1.
  172  and 3., any increment of any apportionment factor which is
  173  directly related to an increment of gross receipts or income
  174  which is deducted, subtracted, or otherwise excluded in
  175  determining adjusted federal income shall be excluded from both
  176  the numerator and denominator of such apportionment factor.
  177  Further, all valuations made for apportionment factor purposes
  178  shall be made on a basis consistent with the taxpayer’s method
  179  of accounting for federal income tax purposes.
  180         Section 6. Subsection (5) is added to section 220.16,
  181  Florida Statutes, to read:
  182         220.16 Allocation of nonbusiness income.—Nonbusiness income
  183  shall be allocated as follows:
  184         (5)The amount of financial assistance received in exchange
  185  for transferring a net operating loss as authorized by s.
  186  220.194 is allocable to this state.
  187         Section 7. Section 220.194, Florida Statutes, is created to
  188  read:
  189         220.194Micro-Targeted Technology Commercialization Credit
  190  Transfer Program; transfer of net loss carryforward as a
  191  certified credit.—
  192         (1)PURPOSE; GOALS AND OBJECTIVES.—It is the intent of the
  193  Legislature that the Micro-Targeted Technology Commercialization
  194  Credit Transfer Program act as a catalyst for eligible companies
  195  to accelerate their revenue and job growth and their market
  196  penetration by monetizing their net operating losses into
  197  transferable credits. The program’s objectives include:
  198         (a)Accelerating the entry of new technology-based products
  199  into the marketplace;
  200         (b)Producing additional technology-based jobs for this
  201  state;
  202         (c)Accelerating commercialization of micro-targeted
  203  technologies in the biomedical and technical fields; and
  204         (d)Encouraging the growth of high-quality, high-wage
  205  biomedical and technology firms in this state.
  206         (2)DEFINITIONS.—As used in ss. 220.194 and 220.195, the
  207  term:
  208         (a)“Certified credit” means the product of the net
  209  operating loss generated in the current year apportioned to
  210  Florida, multiplied by the corporate income tax rate imposed
  211  during the year in which the loss occurred.
  212         (b)“Certified micro-targeted technology company” means a
  213  business entity that is registered with the Secretary of State,
  214  is currently operating in this state, and is certified by the
  215  office to trade certified credits based on their net operating
  216  losses, pursuant to this section.
  217         (c)“Department” means the Department of Revenue.
  218         (d)“Institute” means the Institute for the
  219  Commercialization of Public Research.
  220         (e)“Micro-targeted technology” means individual
  221  components, technology, or processes that are crucial to the
  222  development of larger or more complex biomedical or
  223  technological devices, processes, or information systems.
  224         (f)“Office” means the Office of Tourism, Trade, and
  225  Economic Development.
  226         (3)THE INSTITUTE FOR THE COMMERCIALIZATION OF PUBLIC
  227  RESEARCH.—The Institute for the Commercialization of Public
  228  Research or other Florida research-based consortium shall
  229  identify examples of micro-targeted technology and compile a
  230  list that is updated annually to add new technologies or delete
  231  those technologies that are no longer applicable. The office
  232  shall adopt this list as a rule.
  233         (4)QUALIFICATIONS FOR CERTIFICATION.— A company seeking to
  234  transfer a certified credit shall be certified as a qualified
  235  micro-targeted technology company by the office if it timely
  236  files a completed application and meets the requirements of this
  237  subsection. For purposes of this subsection, all conditions in
  238  paragraphs (a) through (g) must be met no later than the date
  239  the application is filed with the office. All other requirements
  240  in this subsection must be satisfied before the company received
  241  certified credits. In order to be certified, a micro-targeted
  242  technology company shall demonstrate that:
  243         (a)It is registered with the Secretary of State to operate
  244  in this state, and is operating in Florida.
  245         (b)It is primarily engaged in developing, manufacturing,
  246  producing, or providing micro-targeted technology for commercial
  247  or public purposes.
  248         (c)It has fewer than 100 full-time, worldwide employees,
  249  including full-time employees leased to the applicant, of which
  250  at least 75 percent work full time in this state at the time the
  251  transfer of certified credits is first allowed.
  252         (d)It has been audited by an independent certified public
  253  accountant and:
  254         1.The company has not had positive net income in any of
  255  the 2 previous years of ongoing operations;
  256         2.The company has reported a net operating loss in any of
  257  the 2 previous years of operation; and
  258         3.The company is not at least 50 percent owned or
  259  controlled, directly or indirectly, by another corporation that
  260  has demonstrated positive net income in any of the 2 previous
  261  years of ongoing operations, or is not part of a consolidated
  262  group of affiliated corporations, as filed for federal income
  263  tax purposes, which in the aggregate demonstrated positive net
  264  income in any of the 2 previous years of ongoing operations.
  265         (e)The company has at least one active application for a
  266  patent under 35 U.S.C. s. 111(a) on file with the United States
  267  Patent and Trademark Office.
  268         (f)The company has received research grants from
  269  governmental entities, foundations, or other private entities,
  270  or received financial assistance from investors.
  271         (g)The company has an established business plan that
  272  describes its commercialization strategy, a business-development
  273  plan that includes revenue projections and a strategy for
  274  becoming profitable, and a timeline for development which
  275  addresses revenue growth and job creation in this state.
  276         (h)The company can certify that:
  277         1.It will not transfer a certified credit in exchange for
  278  private financial assistance in an amount that is less than 75
  279  percent of the certified credit;
  280         2.All proceeds from the transfer will be expended to
  281  support the operation or expansion of the company’s business
  282  activity in this state; and
  283         3.Upon transfer of a certified credit, it shall notify the
  284  office of the amount within 30 days after each certified credit
  285  is transferred, the amount of the financial compensation for the
  286  credit received, and the identity of the purchaser of the
  287  certified credit.
  288         (5)APPLICATION FOR CERTIFICATION.—
  289         (a)A completed application must be filed with the office
  290  on or after 2 p.m., on the first business day of July commencing
  291  in 2009. The office may investigate the qualifications of each
  292  company applicant and may require by rule the applicant to
  293  provide such evidence of its qualification as is necessary to
  294  assure compliance with the requirements of this section,
  295  including, but not limited to, the state corporate income tax
  296  return supporting the request for certification of a certified
  297  credit, audited financial statements, federal tax returns, and
  298  state and federal employment filings.
  299         (b)The office shall require a nonrefundable application
  300  fee of $100 per application submitted. The department shall
  301  cooperate with the office in its review of the applications.
  302         (c)The office shall grant or deny an application in full
  303  or in part within 90 days after receiving a completed
  304  application containing the necessary information, including
  305  payment of the application fee. If the office denies any part of
  306  the application, it shall inform the applicant of the grounds
  307  for the denial.
  308         (d)This section does not create a presumption that a
  309  company applicant will be approved by the office to transfer its
  310  certified credits. However, the office may issue a nonbinding
  311  opinion letter, upon the request of a prospective applicant, as
  312  to its eligibility and the potential amount of certified credits
  313  available.
  314         (6)CALCULATION OF CERTIFIED CREDIT TRANSFER AMOUNT AND
  315  LIMITATIONS.—When submitting an application for certification, a
  316  company shall state the amount of the net operating loss,
  317  including any net operating loss carryover, it requests to be
  318  transferred as a certified credit. To the extent allowed as a
  319  deduction in this state, a reported net operating loss not
  320  otherwise taken may be certified by the office for transfer by a
  321  certified micro-targeted technology company in exchange for
  322  private financial assistance from a purchaser as follows:
  323         (a)The net operating loss shall be transferred as a
  324  certified credit.
  325         (b)The maximum lifetime certified credits that a micro
  326  targeted technology company may be certified to transfer may not
  327  exceed $1 million.
  328         (c)Once the office has certified the transfer of total
  329  certified credits that may be claimed during a state fiscal year
  330  in a cumulative amount of $3 million, the office may not approve
  331  the transfer of any additional credits that may be taken in that
  332  state fiscal year.
  333         (d)The certified micro-targeted technology company is
  334  liable if, after a transfer, the net operating loss is adjusted
  335  by amendment or as a result of any other recomputation or
  336  redetermination of federal or Florida taxable income or loss.
  337  The certified micro-targeted technology company is also liable
  338  for a penalty equal to the amount of the credit transferred,
  339  reduced in proportion to the amount of the net operating loss
  340  certified for transfer over the amount of the certified net
  341  operating loss disallowed.
  342         (e)The applicant and its successors shall maintain all
  343  records necessary to support the reported amount of certified
  344  credits.
  345         (7)PURCHASE OF TRANSFERRED CERTIFIED CREDITS.—
  346         (a)The certified credit must be reported as a credit
  347  against tax due by the unaffiliated corporate purchaser on the
  348  next tax return due to be filed by the purchaser, but in no case
  349  may it be reported later than 1 year after the date of transfer.
  350         (b)In the event the certified credit is larger than the
  351  amount owed the state on the tax return for the time period in
  352  which the credit is claimed, after applying the other credits
  353  and unused credit carryovers in the order provided in s.
  354  220.02(8), the amount of the credit for that time period shall
  355  be the amount owed the state on that tax return. Unused
  356  certified credit amounts remaining may not be carried forward.
  357         (c)The purchaser of a certified credit amount may not
  358  further sell, or otherwise transfer, the certified credit
  359  amount.
  360         (d)It is the responsibility of the certified micro
  361  targeted technology company that transferred the certified
  362  credit amount to notify the office, within 30 days after
  363  transfer, of the amount of each certified credit transferred,
  364  the amount of the financial assistance received, and the
  365  identity of the purchaser of the certified credit. The office
  366  shall certify to the department the same information within 14
  367  working days.
  368         (8)REPORTING REQUIREMENT.—Each company that is certified
  369  to transfer its certified credit must provide the office with an
  370  annual report on its development covering the year after it has
  371  received funds from transferring its certified credits. The
  372  report must include the company’s commercialization strategy;
  373  business development plan; timeline for development; actual
  374  revenue and revenue projections, both total and within Florida
  375  only; and actual employment and employment projections, both
  376  total and within Florida only. The report is due January 3 each
  377  applicable year.
  378         (9)RULEMAKING AUTHORITY.—
  379         (a)The office shall adopt rules pursuant to ss. 120.536(1)
  380  and 120.54 to administer this section. The rules must establish
  381  the criteria for qualified technology research and experimental
  382  development, production, or provision of technology for
  383  commercial or public purposes; the format of application forms;
  384  and the procedures to implement the program.
  385         (b)The department may adopt rules pursuant to ss.
  386  120.536(1) and 120.54 to administer this section.
  387         Section 8. Section 288.95, Florida Statutes, is created to
  388  read:
  389         288.95Micro-Targeted Technology Commercialization
  390  Assistance Grant Program.—
  391         (1)INTENT; GOALS AND OBJECTIVES; CREATION OF PROGRAM.—
  392         (a)It is the intent of the Legislature that the Micro
  393  Targeted Technology Commercialization Assistance Grant Program
  394  act as a catalyst for eligible startup companies to accelerate
  395  their growth and market penetration using state grant funds to
  396  help pay certain operating expenditures.
  397         (b)The grant program’s objectives include:
  398         1.Accelerating the entry of new technology-based products
  399  into the marketplace;
  400         2.Producing additional technology-based jobs for this
  401  state;
  402         3.Providing leveraged resources to increase the
  403  effectiveness and success of applicants’ projects;
  404         4.Accelerating commercialization of micro-targeted
  405  technologies in the biomedical and technical fields; and
  406         5.Encouraging the establishment and growth of high
  407  quality, high-wage advanced biomedical and technology firms in
  408  this state.
  409         (2)ELIGIBILITY GUIDELINES.—A qualified applicant must:
  410         (a)Be a company specializing in micro-targeted technology
  411  which is registered with the Secretary of State to operate in
  412  this state;
  413         (b)Conduct its business activities in this state;
  414         (c)Have fewer than 25 full-time, worldwide employees,
  415  including full-time employees leased to the applicant, of which
  416  at least 75 percent are domiciled in this state;
  417         (d)Have at least one active application for a patent under
  418  35 U.S.C. s. 111(a) filed with the United States Patent and
  419  Trademark Office;
  420         (e)Have received research grants or other financial
  421  assistance from governmental entities, foundations, and other
  422  private entities or investors, which in total at least equals
  423  the amount of the grant being requested through this program;
  424         (f)Have been selected to receive state university research
  425  commercialization assistance grant funding, pursuant to s.
  426  1004.226, which will be considered for the list of qualified
  427  technologies;
  428         (g)Have an executed agreement with the licensing
  429  institution; and
  430         (h)Have an established business plan that describes its
  431  commercialization strategy, a business development plan that
  432  includes revenue projections and a strategy for becoming
  433  profitable, and a timeline for development that addresses
  434  revenue growth and job creation in this state.
  435  
  436  Each company receiving funding must provide the institute and
  437  the office an annual report on its development since being
  438  awarded the grant. The report must include the company’s
  439  commercialization strategy; business development plan; timeline
  440  for development; actual revenue and revenue projections, both
  441  total and within Florida only; and actual employment and
  442  employment projections, both total and within Florida only. The
  443  report is due on the anniversary date of when the company
  444  received its grant.
  445         (3)GRANT SELECTION PROCESS AND ADMINISTRATION.—
  446         (a)The office shall provide administrative support to the
  447  institute, as needed, for the twice-yearly issuance of an open
  448  call for grant applications, for providing blank application
  449  forms, and for receiving and processing the applications for
  450  review.
  451         (b)The office shall collect and provide to the institute
  452  all grant applications within 15 days after the posted submittal
  453  deadline date.
  454         (c)The board of directors of the institute shall review
  455  all grant applications received and, based on the eligibility
  456  guidelines in subsection (3), submit a list of recommended grant
  457  recipients to the office for its final approval. An application
  458  must be recommended for approval or be denied by the institute’s
  459  board within 45 days after receiving the application. The total
  460  amount of grants recommended for disbursal to eligible companies
  461  may not exceed $4.5 million in any one year.
  462         (d)The executive director of the office shall review the
  463  institute’s list of recommended grant recipients, and must
  464  approve or deny the individual recommendations. The executive
  465  director’s decisions must be made within 30 days after receiving
  466  the list of recommendations from the institute.
  467         (e)This section does not create a presumption that an
  468  applicant will be approved by the office to receive a grant.
  469  However, the office may issue a nonbinding opinion letter, upon
  470  the request of a prospective applicant, as to its eligibility
  471  for a grant and the potential amount of the grant.
  472         (f)Grant awards shall be disbursed twice yearly to
  473  recipient companies.
  474         (4)AWARDS.—The office may make a one-time award of up to
  475  $500,000 to a qualified applicant. Disbursal of grant awards
  476  shall be within 45 days after the office’s final approval of
  477  grant applications.
  478         (5)USE OF GRANT FUNDS.—Grant funds shall be used by a
  479  recipient to pay only wages, rent, and other operating expenses,
  480  and to purchase equipment and supplies necessary to its
  481  business. Grant funds may not be used to retire company debt.
  482         (6)ANNUAL REPORT.—The office, with assistance from the
  483  institute, shall submit an annual report of the grant program’s
  484  activities to the Governor, the President of the Senate, and the
  485  Speaker of the House of Representatives by July 15 of each year,
  486  beginning in 2010.
  487         (7)RULES.—The office may adopt rules pursuant to ss.
  488  120.536(1) and 120.54 to administer this section, including the
  489  format and content of grant application forms, and the criteria
  490  for qualifying companies engaged in technology research and
  491  experimental development, production, or provision of technology
  492  for commercial or public purposes.
  493         (8)MONITORING.—Before the 2011 Regular Session of the
  494  Legislature, the Office of Program Policy Analysis and
  495  Government Accountability shall conduct a review and evaluation
  496  of the grant program. The office shall specifically evaluate the
  497  grant program’s effectiveness in using state funds to sustain
  498  and nurture companies developing micro-targeted technologies, to
  499  create high-wage jobs, and to attract outside investment in
  500  these companies.
  501         Section 9.(1)The sum of $22 million is transferred from
  502  the Florida Opportunity Fund to the Economic Development Trust
  503  Fund for the purpose of funding the credit transfer program and
  504  grant program created by this act. Notwithstanding s. 216.301,
  505  Florida Statutes, and pursuant to s. 216.351, Florida Statutes,
  506  the unexpended balance of this appropriation at the end of the
  507  fiscal year shall remain in the trust fund and shall be
  508  available for carrying out the purposes of the programs in
  509  future years.
  510         (2)Of that amount:
  511         (a)The sum of $2 million is appropriated to the Institute
  512  for the Commercialization of Public Research for the 2009-2010
  513  fiscal year to support its operations, including its management,
  514  operations, tracking, and measurement of outcomes relative to
  515  the grant program.
  516         (b)The sum of $14 million shall be retained in the
  517  Economic Development Trust Fund and earmarked for the Micro
  518  Targeted Technology Commercialization Assistance Grant Program,
  519  to be used consistent with the purposes of s. 220.195, Florida
  520  Statutes.
  521         (c)The sum of $5.8 million shall be retained in the
  522  Economic Development Trust Fund to be used to reimburse the
  523  General Revenue Fund so as to defray the cost to the state of
  524  the net operating loss tax credits created in s. 220.195,
  525  Florida Statutes.
  526         (d) The sum of $200,000 shall be retained in the Economic
  527  Development Trust Fund to be drawn, as needed, to pay the
  528  administrative costs incurred by the Office of Tourism, Trade,
  529  and Economic Development associated with implementing the Micro
  530  targeted Technology Commercialization Program and associated
  531  with the Innovation Incentive Program.
  532         Section 10.Sections 220.194 and 220.195, Florida Statutes,
  533  are repealed effective June 30, 20l3, unless reviewed and saved
  534  from repeal through reenactment by the Legislature.
  535         Section 11. This act shall take effect upon becoming a law.