Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. PCS (123970) for SB 1214
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/22/2015           .                                
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       The Committee on Appropriations (Latvala) recommended the
       following:
       
    1         Senate Amendment to Amendment (160810) (with title
    2  amendment)
    3  
    4         Delete lines 466 - 558
    5  and insert:
    6         (c) The department shall provide notice, including an
    7  updated description and evaluation, to the Legislature upon the
    8  final execution of each contract or agreement.
    9         (d) The release of funds for the incentive or incentives
   10  awarded to the applicant depends upon the statutory requirements
   11  of the particular incentive program.
   12         (7)(4) The department shall validate contractor performance
   13  and report such validation in the annual incentives report
   14  required under s. 288.907.
   15         (8)(5)(a) The executive director may not approve an
   16  economic development incentive application unless the
   17  application includes a signed written declaration by the
   18  applicant which states that the applicant has read the
   19  information in the application and that the information is true,
   20  correct, and complete to the best of the applicant’s knowledge
   21  and belief.
   22         (b) After an economic development incentive application is
   23  approved, the awardee shall provide, in each year that the
   24  department is required to validate contractor performance, a
   25  signed written declaration. The written declaration must state
   26  that the awardee has reviewed the information and that the
   27  information is true, correct, and complete to the best of the
   28  awardee’s knowledge and belief.
   29         (9) The department shall provide notice, including a
   30  written description and evaluation, to the Legislature of any
   31  proposed amendment to an agreement or contract that reduces the
   32  projected economic benefits calculated at the time the agreement
   33  or contract was executed by 0.50 or more or changes any
   34  performance conditions or other statutorily required criteria.
   35  In order to provide an opportunity for review, at least 3
   36  business days before signing an amendment to an agreement or
   37  contract, the department shall provide notice of the proposed
   38  change to the chair and vice chair of the Legislative Budget
   39  Commission, the President of the Senate, and the Speaker of the
   40  House of Representatives. However, a proposed amendment to an
   41  agreement or contract is subject to the 10-day notice and
   42  objection procedures specified in this section if the proposed
   43  amendment reduces the projected economic benefits calculated at
   44  the time the agreement or contract was executed to result in an
   45  economic benefit ratio below a statutorily required level for
   46  receipt of funds or, if already below the statutorily required
   47  level, by 0.50 or more. Any such amended agreement or contract
   48  must also provide for a proportionate reduction in the award
   49  amount. If the chair or vice chair of the Legislative Budget
   50  Commission, the President of the Senate, or the Speaker of the
   51  House of Representatives timely advises the Governor, in
   52  writing, that such action or proposed action exceeds the
   53  delegated authority of the Governor or is contrary to
   54  legislative policy or intent, the Governor shall instruct the
   55  department to immediately suspend any action proposed or taken
   56  until the Legislative Budget Commission or the Legislature makes
   57  a determination on the project.
   58         (10)(a) The department is authorized to execute contracts
   59  and agreements that obligate the state to make payments from
   60  appropriations in the current or a future fiscal year for
   61  incentive programs specified in this paragraph. The total amount
   62  of actual or projected funds approved for payment by the
   63  department based on actual project performance and the schedule
   64  of payments for each incentive contract or agreement may not
   65  exceed a combined total of $50 million in any fiscal year for
   66  all of the following:
   67         1. The Local Government Distressed Area Matching Grant
   68  Program established under s. 288.0659.
   69         2. The qualified defense contractor and space flight
   70  business tax refund program established under s. 288.1045.
   71         3. The qualified target industry businesses tax refund
   72  program established under s. 288.106.
   73         4. The brownfield redevelopment bonus refund program
   74  established under s. 288.107.
   75         5. The high-impact business performance grant program
   76  established under s. 288.108.
   77         6. The Quick Action Closing Fund projects established under
   78  s. 288.1088, with the exception of those projects with funds
   79  held in escrow as of June 30, 2015, which are being paid out of
   80  the Quick Action Closing Fund Escrow Account under s. 288.10881.
   81         7. The Innovation Incentive Program established under s.
   82  288.1089.
   83         (b) The funding limitation under paragraph (a) may only be
   84  waived by the Legislature in the General Appropriations Act or
   85  other legislation.
   86         (c) By January 2 of each year, the department shall provide
   87  to the Legislature a list of projected payments for the
   88  following fiscal year and, by March 1 of each year, the
   89  department shall provide to the Legislature a list of claims
   90  actually filed for payment in the following fiscal year. The
   91  department may not make a scheduled payment under a contract or
   92  agreement for a given fiscal year until the department has
   93  validated that the applicant has met the performance
   94  requirements of the contract or agreement. Any funds
   95  appropriated for scheduled payments in a fiscal year which are
   96  unexpended by June 30 of that year shall revert in accordance
   97  with s. 216.301 and may not be transferred to an escrow account.
   98         (d) The Legislature shall annually appropriate in the
   99  
  100  ================= T I T L E  A M E N D M E N T ================
  101  And the title is amended as follows:
  102         Delete lines 4188 - 4217
  103  and insert:
  104         providing applicability; requiring the department to
  105         provide specified notice to the Legislature upon the
  106         final execution of each contract or agreement;
  107         requiring the department to provide notice, with a
  108         written description and evaluation, to the Legislature
  109         of any proposed amendments to an agreement or
  110         contract; requiring the department to provide notice
  111         of the proposed change to specified persons in order
  112         to provide an opportunity for review; providing that a
  113         proposed amendment to an agreement or contract which
  114         reduces projected economic benefits calculated at the
  115         time the agreement or contract was executed by a
  116         specified amount or more or that results in an
  117         economic benefit ratio below a specified level, or if
  118         already below the specified level, by a specified
  119         amount, is subject to specified notice and objection
  120         procedures; requiring the Governor to instruct the
  121         department to immediately suspend an action or
  122         proposed action until the Legislative Budget
  123         Commission or Legislature makes a determination on the
  124         project in certain circumstances; authorizing the
  125         department to execute specified contracts and
  126         agreements from current or future fiscal year
  127         appropriations for specified incentive programs;
  128         prohibiting the total amount of actual or projected
  129         funds approved for a specified payment by the
  130         department from exceeding a specified amount in any
  131         fiscal year for certain programs; providing that the
  132         specified funding limitation may only be waived by the
  133         Legislature in the General Appropriations Act or other
  134         legislation; requiring the