Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 2-A
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  06/08/2017           .                                
                Floor: 4/AD/2R         .                                
             06/08/2017 04:46 PM       .                                

       The Committee on Appropriations (Brandes) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 298 - 300
    4  and insert:
    5         (5) To be eligible for funds from the Florida Job Growth
    6  Grant Fund, a project must:
    7         (a) Be in an industry, as referenced in s. 288.106.
    8         (b) Have a positive economic benefit ratio of at least 2 to
    9  1.
   10         (c) Induce economic expansion in the project’s location or
   11  in the state.
   12         (d) Be supported by the local community in which the
   13  project is to be located.
   14         (e) Be certified by the Department of Transportation as
   15  compatible with the adopted 5-year work program.
   16         (f) Not be included as a specific appropriations line item
   17  in the most recent General Appropriations Act.
   18         (g) Not have been vetoed by the Governor for funding in the
   19  most recent General Appropriations Act.
   20         (6)(a) The department and Enterprise Florida, Inc., shall
   21  jointly review submitted applications and determine the
   22  eligibility of each project, consistent with the criteria in
   23  subsection (5).
   24         (b)1. Within 7 business days after evaluating a project,
   25  the department shall recommend to the Governor approval or
   26  disapproval of the project for funding from the Florida Job
   27  Growth Grant Fund. When recommending a project, the department
   28  must include proposed performance conditions that the project
   29  must meet to obtain grant funds.
   30         2. The Governor may approve grant requests for projects
   31  without consulting the Legislature for projects requiring less
   32  than $2 million in funding.
   33         3. For projects requiring funding in the amount of $2
   34  million to $5 million, the Governor shall provide a written
   35  description and evaluation of a project recommended for approval
   36  to the chair and vice chair of the Legislative Budget Commission
   37  at least 10 days before giving final approval for the project.
   38  The recommendation must include proposed performance conditions
   39  that the project must meet to obtain grant funds.
   40         4. If the chair or vice chair of the Legislative Budget
   41  Commission, the President of the Senate, or the Speaker of the
   42  House of Representatives timely advises the Executive Office of
   43  the Governor in writing that such action or proposed action
   44  exceeds the delegated authority of the Executive Office of the
   45  Governor or is contrary to legislative policy or intent, the
   46  Executive Office of the Governor must void the release of funds
   47  and instruct the department to immediately change such action or
   48  proposed action until the Legislative Budget Commission or the
   49  Legislature addresses the issue. Notwithstanding such
   50  requirement, any project exceeding $5 million must be approved
   51  by the Legislative Budget Commission before the funds are
   52  released.
   53         (c) Upon the approval of the Governor, the department and
   54  the grant recipient shall enter into a contract that sets forth
   55  the conditions for payment of moneys from the fund. The contract
   56  must include the total amount of funds awarded; the authorized
   57  use of grant funds; the current baseline service the project
   58  addresses and the measure of enhanced capacity or capability it
   59  will achieve; the methodology for validating project
   60  performance; the schedule of payments from the fund; and
   61  sanctions for failure to meet performance objectives. The
   62  contract must specify that payment of moneys from the fund is
   63  contingent upon a sufficient appropriation by the Legislature.
   64         (7) Funds appropriated by the Legislature to implement this
   65  section shall be placed in reserve and may only be released
   66  pursuant to the legislative consultation and review requirements
   67  set forth in this section.
   68         (8) The department shall establish an application process
   69  for receiving grant requests.
   70         (9) The department shall establish a methodology for making
   71  grant award recommendations. This methodology must be ratified
   72  by the Legislature before any grant funds are proposed pursuant
   73  to paragraph (6)(b).
   74         (10) All contracts executed by the department shall be made
   75  publicly available on the department’s website. All contracts
   76  with the department valued at $500,000 or more shall be made
   77  publicly available for review on the department’s website 14
   78  days before execution. A contract entered into between the
   79  department and any other public or private entity must include:
   80         (a)The purpose of the contract.
   81         (b)Specific performance standards and responsibilities for
   82  each entity.
   83         (c)A detailed project or contract budget, if applicable.
   84         (d)The value of any services provided.
   85         (e) The value of the matching funds provided.
   86         (11) Funds appropriated to the Florida Job Growth Grant
   87  Fund may not be transferred to any account outside the State
   88  Treasury before payments are made for a project in accordance
   89  with this section.
   91  ================= T I T L E  A M E N D M E N T ================
   92  And the title is amended as follows:
   93         Delete lines 24 - 25
   94  and insert:
   95         training; providing definitions; providing eligibility
   96         criteria for projects to receive funds from the
   97         Florida Job Growth Grant Fund; requiring the
   98         department and Enterprise Florida, Inc., to jointly
   99         review applications and determine the eligibility of
  100         each project; requiring the department to make its
  101         recommendations to the Governor within a specified
  102         timeframe; requiring the Governor to obtain certain
  103         approval for projects requiring funding that exceeds a
  104         specified amount; requiring the department and a grant
  105         recipient to enter into a contract for the payment of
  106         moneys from the fund under certain circumstances;
  107         providing requirements for the contract; requiring
  108         certain funds to be placed in reserve and to be
  109         released only pursuant to certain legislative
  110         consultation and review requirements; requiring the
  111         department to establish an application process;
  112         requiring the department to establish a methodology
  113         for making grant award recommendations; requiring that
  114         the methodology be approved by the Legislature;
  115         requiring that certain contracts be made publicly
  116         available on the department’s website before or after
  117         execution; providing requirements for the contracts;
  118         prohibiting funds appropriated to the Florida Job
  119         Growth Grant Fund from being transferred to certain
  120         accounts under certain circumstances; amending