1 | A bill to be entitled |
2 | An act relating to the Innovation Incentive Program; |
3 | amending s. 288.1089, F.S.; conforming an obsolete |
4 | reference to the former Office of Tourism, Trade, and |
5 | Economic Development; revising requirements for |
6 | legislative notice, review, and objections to the |
7 | award of incentive funds under the program; providing |
8 | an effective date. |
9 |
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10 | Be It Enacted by the Legislature of the State of Florida: |
11 |
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12 | Section 1. Paragraphs (d) and (l) of subsection (2) and |
13 | subsection (7) of section 288.1089, Florida Statutes, are |
14 | amended to read: |
15 | 288.1089 Innovation Incentive Program.- |
16 | (2) As used in this section, the term: |
17 | (d) "Cumulative investment" means cumulative capital |
18 | investment and all eligible capital costs, as defined in s. |
19 | 220.191. |
20 | (l) "Match" means funding from local sources, public or |
21 | private, which will be paid to the applicant and which is equal |
22 | to 100 percent of an award. Eligible match funding may include |
23 | any tax abatement granted to the applicant under s. 196.1995 or |
24 | the appraised market value of land, buildings, infrastructure, |
25 | or equipment conveyed or provided at a discount to the |
26 | applicant. Complete documentation of a match payment or other |
27 | conveyance must be presented to and verified by the department |
28 | before office prior to transfer of state funds to an applicant. |
29 | An applicant may not provide, directly or indirectly, more than |
30 | 5 percent of match funding in any fiscal year. The sources of |
31 | such funding may not include, directly or indirectly, state |
32 | funds appropriated from the General Revenue Fund or any state |
33 | trust fund, excluding tax revenues shared with local governments |
34 | pursuant to law. |
35 | (7) Upon receipt of the evaluation and recommendation from |
36 | the department, the Governor shall approve or deny an award. In |
37 | recommending approval of an award, the department shall include |
38 | proposed performance conditions that the applicant must meet in |
39 | order to obtain incentive funds and any other conditions that |
40 | must be met before the receipt of any incentive funds. However: |
41 | (a) If an award exceeds $5 million, the department may not |
42 | release the funds until the award is reviewed and approved by |
43 | the Legislative Budget Commission. The Governor shall consult |
44 | with the President of the Senate and the Speaker of the House of |
45 | Representatives before giving approval for an award. Upon review |
46 | and approval of the an award by the Legislative Budget |
47 | Commission, the department Executive Office of the Governor |
48 | shall release the funds. |
49 | (b) If an award exceeds $2 million but does not exceed $5 |
50 | million, at least 10 days before the funds are released, the |
51 | Governor shall submit a written description and evaluation of |
52 | the award to the chair and vice chair of the Legislative Budget |
53 | Commission. If the chair or vice chair of the Legislative Budget |
54 | Commission, the President of the Senate, or the Speaker of the |
55 | House of Representatives timely advises the Executive Office of |
56 | the Governor in writing that such action or proposed action |
57 | exceeds the delegated authority of the Executive Office of the |
58 | Governor or is contrary to legislative policy or intent, the |
59 | Executive Office of the Governor shall void the release of funds |
60 | and instruct the department to immediately change such action or |
61 | proposed action until the Legislative Budget Commission or the |
62 | Legislature addresses the issue. |
63 | (c) If an award does not exceed $2 million, the Governor |
64 | may approve the award and the department may release the funds |
65 | without legislative notice or review. |
66 | Section 2. This act shall take effect July 1, 2012. |