Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 406
                                Barcode 881456                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/15/2013           .                                

       Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development (Gardiner) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 134 - 264
    4  and insert:
    5         Section 1. Economic Development Programs Evaluation.—The
    6  Office of Economic and Demographic Research and the Office of
    7  Program Policy Analysis and Government Accountability (OPPAGA)
    8  shall develop and present to the Governor, the President of the
    9  Senate, the Speaker of the House of Representatives, and the
   10  chairs of the legislative appropriations committees the Economic
   11  Development Programs Evaluation.
   12         (1) The Office of Economic and Demographic Research and
   13  OPPAGA shall coordinate the development of a work plan for
   14  completing the Economic Development Programs Evaluation and
   15  shall submit the work plan to the President of the Senate and
   16  the Speaker of the House of Representatives by July 1, 2013.
   17         (2) The Office of Economic and Demographic Research and
   18  OPPAGA shall provide a detailed analysis of economic development
   19  programs as provided in the following schedule:
   20         (a) By January 1, 2014, and every 3 years thereafter, an
   21  analysis of the following:
   22         1. The capital investment tax credit established under s.
   23  220.191, Florida Statutes.
   24         2. The qualified target industry tax refund established
   25  under s. 288.106, Florida Statutes.
   26         3. The brownfield redevelopment bonus refund established
   27  under s. 288.107, Florida Statutes.
   28         4. High-impact business performance grants established
   29  under s. 288.108, Florida Statutes.
   30         5.The Quick Action Closing Fund established under s.
   31  288.1088, Florida Statutes.
   32         6. The Innovation Incentive Program established under s.
   33  288.1089, Florida Statutes.
   34         7. Enterprise Zone Program incentives established under ss.
   35  212.08(5), 212.08(15), 212.096, 220.181, and 220.182, Florida
   36  Statutes.
   37         (b) By January 1, 2015, and every 3 years thereafter, an
   38  analysis of the following:
   39         1. The entertainment industry financial incentive program
   40  established under s. 288.1254, Florida Statutes.
   41         2. The entertainment industry sales tax exemption program
   42  established under s. 288.1258, Florida Statutes.
   43         3. VISIT Florida and its programs established or funded
   44  under ss. 288.122, 288.1226, 288.12265, and 288.124, Florida
   45  Statutes.
   46         4. The Florida Sports Foundation and related programs
   47  established under ss. 288.1162, 288.11621, 288.1166, 288.1167,
   48  288.1168, 288.1169, and 288.1171, Florida Statutes.
   49         (c) By January 1, 2016, and every 3 years thereafter, an
   50  analysis of the following:
   51         1. The qualified defense contractor and space flight
   52  business tax refund program established under s. 288.1045,
   53  Florida Statutes.
   54         2. The tax exemption for semiconductor, defense, or space
   55  technology sales established under s. 212.08(5)(j), Florida
   56  Statutes.
   57         3. The Military Base Protection Program established under
   58  s. 288.980, Florida Statutes.
   59         4. The Manufacturing and Spaceport Investment Incentive
   60  Program established under s. 288.1083, Florida Statutes.
   61         5. The Quick Response Training Program established under s.
   62  288.047, Florida Statutes.
   63         6. The Incumbent Worker Training Program established under
   64  s. 445.003, Florida Statutes.
   65         7. International trade and business development programs
   66  established or funded under s. 288.826, Florida Statutes.
   67         (3) Pursuant to the schedule established in subsection (2),
   68  the Office of Economic and Demographic Research shall evaluate
   69  and determine the economic benefits, as defined in s. 288.005,
   70  Florida Statutes, of each program over the previous 3 years. The
   71  analysis must also evaluate the number of jobs created, the
   72  increase or decrease in personal income, and the impact on state
   73  gross domestic product from the direct, indirect, and induced
   74  effects of the state’s investment in each program over the
   75  previous 3 years.
   76         (a) For the purpose of evaluating tax credits, tax refunds,
   77  sales tax exemptions, cash grants, and similar programs, the
   78  Office of Economic and Demographic Research shall evaluate data
   79  only from those projects in which businesses received state
   80  funds during the evaluation period. Such projects may be fully
   81  completed, partially completed with future fund disbursal
   82  possible pending performance measures, or partially completed
   83  with no future fund disbursal possible as a result of a
   84  business’s inability to meet performance measures.
   85         (b) The analysis must use the model developed by the Office
   86  of Economic and Demographic Research, as required in s. 216.138,
   87  Florida Statutes, to evaluate each program. The office shall
   88  provide a written explanation of the key assumptions of the
   89  model and how it is used. If the office finds that another
   90  evaluation model is more appropriate to evaluate a program, it
   91  may use another model, but it must provide an explanation as to
   92  why the selected model was more appropriate.
   93         (4) Pursuant to the schedule established in subsection (2),
   94  OPPAGA shall evaluate each program over the previous 3 years for
   95  its effectiveness and value to the taxpayers of this state and
   96  include recommendations on each program for consideration by the
   97  Legislature. The analysis may include relevant economic
   98  development reports or analyses prepared by the Department of
   99  Economic Opportunity, Enterprise Florida, Inc., or local or
  100  regional economic development organizations; interviews with the
  101  parties involved; or any other relevant data.
  102         (5) The Office of Economic and Demographic Research and
  103  OPPAGA must be given access to all data necessary to complete
  104  the Economic Development Programs Evaluation, including any
  105  confidential data. The offices may collaborate on data
  106  collection and analysis.
  107         Section 2. Subsection (10) of section 20.60, Florida
  108  Statutes, is amended to read:
  109         20.60 Department of Economic Opportunity; creation; powers
  110  and duties.—
  111         (10) The department, with assistance from Enterprise
  112  Florida, Inc., shall, by November 1 January 1 of each year,
  113  submit an annual report to the Governor, the President of the
  114  Senate, and the Speaker of the House of Representatives on the
  115  condition of the business climate and economic development in
  116  the state.
  117         (a) The report must shall include the identification of
  118  problems and a prioritized list of recommendations.
  119         (b) The report must incorporate annual reports of other
  120  programs, including:
  121         1. The displaced homemaker program established under s.
  122  446.50.
  123         2. Information provided by the Department of Revenue under
  124  s. 290.014.
  125         3. Information provided by enterprise zone development
  126  agencies under s. 290.0056 and an analysis of the activities and
  127  accomplishments of each enterprise zone.
  128         4. The Economic Gardening Business Loan Pilot Program
  129  established under s. 288.1081 and the Economic Gardening
  130  Technical Assistance Pilot Program established under s.
  131  288.1082.
  132         5. A detailed report of the performance of the Black
  133  Business Loan Program and a cumulative summary of quarterly
  134  report data required under s. 288.714.
  135         6. The Rural Economic Development Initiative established
  136  under s. 288.0656.
  137         Section 3. Paragraph (bb) is added to subsection (8) of
  138  section 213.053, Florida Statutes, to read:
  139         213.053 Confidentiality and information sharing.—
  140         (8) Notwithstanding any other provision of this section,
  141  the department may provide:
  142         (bb) Information to the director of the Office of Program
  143  Policy Analysis and Government Accountability or his or her
  144  authorized agent, and to the coordinator of the Office of
  145  Economic and Demographic Research or his or her authorized
  146  agent, for purposes of completing the Economic Development
  147  Programs Evaluation. Information obtained from the department
  148  pursuant to this paragraph may be shared by the director and the
  149  coordinator, or the director’s or coordinator’s authorized
  150  agent, for purposes of completing the Economic Development
  151  Programs Evaluation.
  153  Disclosure of information under this subsection shall be
  154  pursuant to a written agreement between the executive director
  155  and the agency. Such agencies, governmental or nongovernmental,
  156  shall be bound by the same requirements of confidentiality as
  157  the Department of Revenue. Breach of confidentiality is a
  158  misdemeanor of the first degree, punishable as provided by s.
  159  775.082 or s. 775.083.
  161  ================= T I T L E  A M E N D M E N T ================
  162         And the title is amended as follows:
  163         Delete line 26
  164  and insert:
  165         included; amending s. 213.053, F.S.; authorizing the
  166         Department of Revenue to make certain information
  167         available to the director of the Office of Program
  168         Policy Analysis and Government Accountability and the
  169         coordinator of the Office of Economic and Demographic
  170         Research; authorizing the offices to share certain
  171         information; amending s. 220.194, F.S.; requiring the