Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. PCS (123970) for SB 1214
Senate . House
Comm: RCS .
The Committee on Appropriations (Latvala) recommended the
1 Senate Amendment to Amendment (160810) (with title
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.
(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.
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
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