Florida Senate - 2011             CONFERENCE COMMITTEE AMENDMENT
       Bill No. SB 2156, 2nd Eng.
       
       
       
       
       
       
                                Barcode 416468                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: AD/CR          .                                
             05/06/2011 09:03 PM       .                                
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       The Conference Committee on SB 2156, 2nd Eng. recommended the
       following:
       
    1         Senate Conference Committee Amendment (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Type two transfers from the Agency for Workforce
    7  Innovation.—
    8         (1) All powers, duties, functions, records, offices,
    9  personnel, associated administrative support positions,
   10  property, pending issues, existing contracts, administrative
   11  authority, administrative rules, and unexpended balances of
   12  appropriations, allocations, and other funds relating to the
   13  following programs in the Agency for Workforce Innovation are
   14  transferred by a type two transfer, as defined in s. 20.06(2),
   15  Florida Statutes, as follows:
   16         (a) The Office of Early Learning Services, including all
   17  related policies and procedures, is transferred to the
   18  Department of Education.
   19         (b) The Office of Unemployment Compensation is transferred
   20  to the Department of Economic Opportunity.
   21         (c) The Unemployment Appeals Commission is transferred to
   22  the Department of Economic Opportunity.
   23         (d)The Office of Workforce Services is transferred to the
   24  Department of Economic Opportunity.
   25         (2) The following trust funds are transferred:
   26         (a) From the Agency for Workforce Innovation to the
   27  Department of Education, the Child Care and Development Block
   28  Grant Trust Fund.
   29         (b) From the Agency for Workforce Innovation to the
   30  Department of Economic Opportunity:
   31         1. The Administrative Trust Fund.
   32         2. The Employment Security Administration Trust Fund.
   33         3. The Special Employment Security Administration Trust
   34  Fund.
   35         4. The Unemployment Compensation Benefit Trust Fund.
   36         5. The Unemployment Compensation Clearing Trust Fund.
   37         6. The Revolving Trust Fund.
   38         7. The Welfare Transition Trust Fund.
   39         8. The Displaced Homemaker Trust Fund.
   40         (3) Any binding contract or interagency agreement existing
   41  before October 1, 2011, between the Agency for Workforce
   42  Innovation, or an entity or agent of the agency, and any other
   43  agency, entity, or person shall continue as a binding contract
   44  or agreement for the remainder of the term of such contract or
   45  agreement on the successor department, agency, or entity
   46  responsible for the program, activity, or functions relative to
   47  the contract or agreement.
   48         (4) All powers, duties, functions, records, offices,
   49  personnel, property, pending issues, and existing contracts,
   50  administrative authority, administrative rules, and unexpended
   51  balances of appropriations, allocations, and other funds
   52  relating to the Agency for Workforce Innovation which are not
   53  specifically transferred by this section are transferred by a
   54  type two transfer, as defined in s. 20.06(2), Florida Statutes,
   55  to the Department of Economic Opportunity.
   56         Section 2. Before December 31, 2011, the Auditor General
   57  shall conduct a financial and performance audit, as defined in
   58  s. 11.45, Florida Statutes, of the Office of Early Learning
   59  Services’ programs and related delivery systems.
   60         Section 3. Type two transfers from the Department of
   61  Community Affairs.—
   62         (1) All powers, duties, functions, records, offices,
   63  personnel, associated administrative support positions,
   64  property, pending issues, existing contracts, administrative
   65  authority, administrative rules, and unexpended balances of
   66  appropriations, allocations, and other funds relating to the
   67  following programs in the Department of Community Affairs are
   68  transferred by a type two transfer, as defined in s. 20.06(2),
   69  Florida Statutes, as follows:
   70         (a) The Florida Housing Finance Corporation is transferred
   71  to the Department of Economic Opportunity.
   72         (b)The Division of Housing and Community Development is
   73  transferred to the Department of Economic Opportunity.
   74         (c)The Division of Community Planning is transferred to
   75  the Department of Economic Opportunity.
   76         (d) The Division of Emergency Management is transferred to
   77  the Executive Office of the Governor.
   78         (e) The Florida Building Commission is transferred to the
   79  Department of Business and Professional Regulation.
   80         (f) The responsibilities under the Florida Communities
   81  Trust, part III of chapter 380, Florida Statutes, are
   82  transferred to the Department of Environmental Protection.
   83         (g) The responsibilities under the Stan Mayfield Working
   84  Waterfronts program authorized in s. 380.5105, Florida Statutes,
   85  are transferred to the Department of Environmental Protection.
   86         (2) The following trust funds are transferred:
   87         (a) From the Department of Community Affairs to the
   88  Department of Economic Opportunity:
   89         1. The State Housing Trust Fund.
   90         2. The Community Services Block Grant Trust Fund.
   91         3. The Local Government Housing Trust Fund.
   92         4. The Florida Small Cities Community Development Block
   93  Grant Trust Fund.
   94         5. The Federal Grants Trust Fund.
   95         6. The Grants and Donations Trust Fund.
   96         7. The Energy Consumption Trust Fund.
   97         8. The Low-Income Home Energy Assistance Trust Fund.
   98         (b) From the Department of Community Affairs to the
   99  Executive Office of the Governor:
  100         1. The Emergency Management Preparedness and Assistance
  101  Trust Fund.
  102         2. The Federal Emergency Management Programs Support Trust
  103  Fund.
  104         3. The U.S. Contributions Trust Fund.
  105         4. The Operating Trust Fund.
  106         5. The Administrative Trust Fund.
  107         (c) From the Department of Community Affairs to the
  108  Department of Environmental Protection:
  109         1. The Florida Forever Program Trust Fund.
  110         2. The Florida Communities Trust Fund.
  111         (3) Any binding contract or interagency agreement existing
  112  before October 1, 2011, between the Department of Community
  113  Affairs or Division of Emergency Management, or an entity or
  114  agent of the department or division, and any other agency,
  115  entity, or person shall continue as a binding contract or
  116  agreement for the remainder of the term of such contract or
  117  agreement on the successor department, agency, or entity
  118  responsible for the program, activity, or functions relative to
  119  the contract or agreement.
  120         (4) All powers, duties, functions, records, offices,
  121  personnel, property, pending issues, and existing contracts,
  122  administrative authority, administrative rules, and unexpended
  123  balances of appropriations, allocations, and other funds
  124  relating to the Department of Community Affairs which are not
  125  specifically transferred by this section are transferred by a
  126  type two transfer, as defined in s. 20.06(2), Florida Statutes,
  127  to the Department of Economic Opportunity.
  128         Section 4. Type two transfers from Executive Office of the
  129  Governor.—
  130         (1) All powers, duties, functions, records, offices,
  131  personnel, associated administrative support positions,
  132  property, pending issues, existing contracts, administrative
  133  authority, administrative rules, and unexpended balances of
  134  appropriations, allocations, and other funds relating to the
  135  Office of Tourism, Trade, and Economic Development in the
  136  Executive Office of the Governor are transferred by a type two
  137  transfer, as defined in s. 20.06(2), Florida Statutes, to the
  138  Department of Economic Opportunity.
  139         (2) The following trust funds are transferred from the
  140  Executive Office of the Governor to the Department of Economic
  141  Opportunity:
  142         (a) The Economic Development Trust Fund.
  143         (b) The Economic Development Transportation Trust Fund.
  144         (c) The Tourism Promotional Trust Fund.
  145         (d) The Professional Sports Development Trust Fund.
  146         (e) The Florida International Trade and Promotion Trust
  147  Fund.
  148         (3) Any binding contract or interagency agreement existing
  149  before October 1, 2011, between the Office of Tourism, Trade,
  150  and Economic Development in the Executive Office of the
  151  Governor, or an entity or agent of the office, and any other
  152  agency, entity, or person shall continue as a binding contract
  153  or agreement for the remainder of the term of such contract or
  154  agreement on the successor department, agency, or entity
  155  responsible for the program, activity, or functions relative to
  156  the contract or agreement.
  157         (4) All powers, duties, functions, records, offices,
  158  personnel, property, pending issues, and existing contracts,
  159  administrative authority, administrative rules, and unexpended
  160  balances of appropriations, allocations, and other funds
  161  relating to the Office of Tourism, Trade, and Economic
  162  Development in the Executive Office of the Governor which are
  163  not specifically transferred by this section are transferred by
  164  a type two transfer, as defined in s. 20.06(2), Florida
  165  Statutes, to the Department of Economic Opportunity.
  166         Section 5. All powers, duties, functions, records, pending
  167  issues, existing contracts, and unexpended balances of
  168  appropriations, allocations, and other funds relating to the
  169  Ready to Work program within the Department of Education are
  170  transferred by a type two transfer, as defined in s. 20.06(2),
  171  Florida Statutes, to the Department of Economic Opportunity.
  172         Section 6. (1) It is the intent of the Legislature that the
  173  changes made by this act be accomplished with minimal disruption
  174  of services provided to the public and with minimal disruption
  175  to employees of any organization. To that end, the Legislature
  176  directs all applicable units of state government to contribute
  177  to the successful implementation of this act, and the
  178  Legislature believes that a transition period between the
  179  effective date of this act and October 1, 2011, is appropriate
  180  and warranted.
  181         (2) The Agency for Workforce Innovation, the Department of
  182  Community Affairs, the Department of Education, and the Office
  183  of Tourism, Trade, and Economic Development in the Executive
  184  Office of the Governor shall each coordinate the development and
  185  implementation of a transition plan that supports the
  186  implementation of this act. Any state agency identified by the
  187  Agency for Workforce Innovation, the Department of Community
  188  Affairs, the Department of Education or the Office of Tourism,
  189  Trade, and Economic Development in the Executive Office of the
  190  Governor shall cooperate fully in developing and implementing
  191  the plan and shall dedicate the financial and staff resources
  192  that are necessary to implement the plan.
  193         (3)(a) The director of the Agency for Workforce Innovation,
  194  the Secretary of the Department of Community Affairs, the
  195  commissioner of the Department of Education, and the director of
  196  the Office of Tourism, Trade, and Economic Development in the
  197  Executive Office of the Governor shall each designate a
  198  transition coordinator to serve as the primary representative on
  199  matters related to implementing this act and the transition
  200  plans required under this section.
  201         (b) The Governor shall designate a transition coordinator
  202  to serve as the Governor’s primary representative on matters
  203  related to implementing this act, implementation of the
  204  transition plans developed pursuant to this section, and
  205  coordinator of the transition activities of the Agency for
  206  Workforce Innovation, the Department of Community Affairs, the
  207  Department of Education, and the Office of Tourism, Trade, and
  208  Economic Development.
  209         (4) The transition coordinators designated under subsection
  210  (3) shall submit a joint progress report by August 15, 2011, to
  211  the Governor, the President of the Senate, and the Speaker of
  212  the House of Representatives on the implementation of this act
  213  and the transition plans, including, but not limited to, any
  214  adverse impact or negative consequences on programs and
  215  services, of meeting any deadline imposed by this act, and any
  216  difficulties experienced by the Agency for Workforce Innovation,
  217  the Department of Community Affairs, the Department of
  218  Education, or the Office of Tourism, Trade, and Economic
  219  Development in securing the full participation and cooperation
  220  of applicable state agencies. Each representative shall also
  221  coordinate the submission of any budget amendments, in
  222  accordance with chapter 216, Florida Statutes, which may be
  223  necessary to implement this act.
  224         (5) Notwithstanding ss. 216.292 and 216.351, Florida
  225  Statutes, upon approval by the Legislative Budget Commission,
  226  the Executive Office of the Governor may transfer funds and
  227  positions between agencies to implement this act.
  228         (6) Upon the recommendation and guidance of transition
  229  coordinators designated in subsection (3), the Governor shall
  230  submit in a timely manner to the applicable federal departments
  231  or agencies any necessary amendments or supplemental information
  232  concerning plans that the state is required to submit to the
  233  Federal Government in connection with any federal or state
  234  program. The Governor shall seek any waivers from the
  235  requirements of Federal law or rules which may be necessary to
  236  administer the provisions of this act.
  237         (7) The transfer of any program, activity, duty, or
  238  function under this act includes the transfer of any records and
  239  unexpended balances of appropriations, allocations, or other
  240  funds related to such program, activity, duty, or function.
  241  Unless otherwise provided, the successor organization to any
  242  program, activity, duty, or function transferred under this act
  243  shall become the custodian of any property of the organization
  244  that was responsible for the program, activity, duty, or
  245  function immediately prior to the transfer.
  246         Section 7. (1) The nonprofit corporations established in
  247  ss. 288.1229 and 288.707, Florida Statutes, are merged into and
  248  transferred to Enterprise Florida, Inc.
  249         (2) The Florida Sports Foundation Incorporated and the
  250  Florida Black Business Investment Board, Inc., must enter into a
  251  plan to merge into Enterprise Florida, Inc. Such merger must be
  252  completed by December 31, 2011. The merger is subject to chapter
  253  617, Florida Statutes, related to the merger of nonprofit
  254  corporations.
  255         (3) The nonprofit corporation established in s. 288.1226,
  256  Florida Statutes, shall be the direct-support organization for
  257  Enterprise Florida, Inc. The Florida Tourism Industry Marketing
  258  Corporation and Enterprise Florida, Inc., must establish a plan
  259  to transfer the contractual relationship with the Florida
  260  Commission on Tourism to Enterprise Florida, Inc., by December
  261  31, 2011.
  262         (4) It is the intent of the Legislature that the changes
  263  made by this act be accomplished with minimal disruption of
  264  services provided to the public and with minimal disruption to
  265  employees of any organization. To that end, the Legislature
  266  directs that notwithstanding the changes made by this act, the
  267  Florida Sports Foundation Incorporated, and the Florida Black
  268  Business Investment Board, Inc., may continue with such powers,
  269  duties, functions, records, offices, personnel, property,
  270  pending issues, and existing contracts as provided in Florida
  271  Statutes 2010 until December 31, 2011. The Legislature believes
  272  that a transition period between the effective date of this act
  273  and December 31, 2011, is appropriate and warranted.
  274         (5) The Governor shall designate a transition coordinator
  275  to serve as the Governor’s primary representative on matters
  276  related to implementing this act for the merger of the Florida
  277  Sports Foundation Incorporated and the Florida Black Business
  278  Investment Board, Inc., into, Enterprise Florida, Inc., the
  279  transition of the direct-support activities of Florida Tourism
  280  Industry Marketing Corporation for the benefit of Enterprise
  281  Florida, Inc., and the transition plans required under this
  282  section. The Governor’s transition coordinator shall submit a
  283  progress report to the Governor, the President of the Senate,
  284  and the Speaker of the House of Representatives on the
  285  implementation of this act and the transition plans, including,
  286  but not limited to, any adverse impact or negative consequences
  287  on programs and services, of meeting any deadline imposed by
  288  this act, and any difficulties experienced by the entities. The
  289  transition coordinator shall also coordinate the submission of
  290  any budget amendments, pursuant to chapter 216, Florida
  291  Statutes, which may be necessary to implement this act.
  292         (6)Any funds held in trust which were donated to or earned
  293  by the Florida Sports Foundation Incorporated and the Florida
  294  Black Business Investment Board, Inc., while previously
  295  organized as a corporation under chapter 617, Florida Statutes,
  296  shall be transferred to Enterprise Florida, Inc., to be used by
  297  the relevant division for the original purposes of the funds.
  298         (7) Upon the recommendation and guidance of the Florida
  299  Sports Foundation Incorporated, the Florida Tourism Industry
  300  Marketing Corporation, the Florida Black Business Investment
  301  Board, Inc., or Space Florida, the Governor shall submit in a
  302  timely manner to the applicable Federal departments or agencies
  303  any necessary amendments or supplemental information concerning
  304  plans which the state or one of the entities is required to
  305  submit to the Federal Government in connection with any federal
  306  or state program. The Governor shall seek any waivers from the
  307  requirements of Federal law or rules which may be necessary to
  308  administer the provisions of this act.
  309         (8) The transfer of any program, activity, duty, or
  310  function under this act includes the transfer of any records and
  311  unexpended balances of appropriations, allocations, or other
  312  funds related to such program, activity, duty, or function.
  313  Except as otherwise provided by law, Enterprise Florida, Inc.,
  314  shall become the custodian of any property of the Florida Sports
  315  Foundation, Inc., and the Florida Black Business Investment
  316  Board, Inc., on the date specified in the plan of merger or
  317  December 31, 2011, whichever occurs first.
  318         (9)The Department of Management Services may establish a
  319  lease agreement program under which Enterprise Florida, Inc.,
  320  may hire any individual who was employed by the Florida Black
  321  Business Investment Board, Inc., under a previous lease
  322  agreement under s. 288.708(2), Florida Statutes 2010. Under such
  323  agreement, the employee shall retain his or her status as a
  324  state employee but shall work under the direct supervision of
  325  Enterprise Florida, Inc. Retention of state employee status
  326  shall include the right to participate in the Florida Retirement
  327  System and shall continue until the employee voluntarily or
  328  involuntarily terminates his or her status with Enterprise
  329  Florida, Inc. The Department of Management Services shall
  330  establish the terms and conditions of such lease agreements.
  331         Section 8. (1) By September 1, 2011, the Department of
  332  Economic Opportunity, or its predecessor agencies, in
  333  conjunction with Enterprise Florida, Inc., or any predecessor
  334  public-private partnerships, and Workforce Florida, Inc., must
  335  prepare and submit to the Governor, the President of the Senate,
  336  and the Speaker of the House of Representatives a business plan
  337  for the use of the economic development incentive funds
  338  administered by the department and Enterprise Florida, Inc.,
  339  beginning October 1, 2011. Additionally, the plan should include
  340  any plans for attracting out-of-state industries to Florida,
  341  promoting the expansion of existing industries in this state,
  342  and encouraging the creation of businesses in this state by
  343  Florida residents. At a minimum, the business plan should
  344  include:
  345         (a) Strategies to be used by the department and Enterprise
  346  Florida, Inc., to recruit out-of-state companies, promote
  347  existing businesses to expand, and encourage the creation of new
  348  businesses;
  349         (b) Benchmarks related to:
  350         1. Out-of-state business recruitment and in-state business
  351  creation and expansion by the department and Enterprise Florida,
  352  Inc.;
  353         2.The numbers of jobs created or retained through the
  354  efforts of the department and Enterprise Florida, Inc.; and
  355         3. The number of new international trade clients and new
  356  international sales, including a projected amount of contracts
  357  for Florida-based goods or services;
  358         (c) The minimum amount of annual financial resources the
  359  department and Enterprise Florida, Inc., project will be
  360  necessary to achieve the benchmarks;
  361         (d) The tools, financial and otherwise, necessary to
  362  achieve the benchmarks; and
  363         (e) Time-frames to achieve the benchmarks.
  364         (2) By January 1, 2012, the Department of Economic
  365  Opportunity shall provide the Governor, the President of the
  366  Senate, and the Speaker of the House of Representatives with
  367  recommendations for further reorganization and streamlining of
  368  economic development and workforce functions that improve the
  369  effectiveness and operation of economic development and
  370  workforce programs.
  371         Section 9. Agency review; Department of Economic
  372  Opportunity.—
  373         (1) Not later than July 1, 2016, the Department of Economic
  374  Opportunity shall provide the Legislature with a report on the
  375  department and Enterprise Florida, Inc., which includes:
  376         (a) The performance measures for each program and activity
  377  as defined in s. 216.011 and 3 years of data for each measure
  378  which provides actual results for the immediately preceding 2
  379  years and projected results for the fiscal year that begins in
  380  the year that the agency report is scheduled to be submitted to
  381  the Legislature.
  382         (b) An explanation of factors that have contributed to any
  383  failure to achieve the legislative standards.
  384         (c) The promptness and effectiveness with which the agency
  385  disposes of complaints concerning persons affected by the
  386  agency.
  387         (d) The extent to which the agency has encouraged
  388  participation by the public in making its rules and decisions as
  389  opposed to participation solely by those it regulates and the
  390  extent to which public participation has resulted in rules
  391  compatible with the objectives of the agency.
  392         (e) The extent to which the agency has complied with
  393  applicable requirements of state law and applicable rules
  394  regarding purchasing goals and programs for small and minority
  395  owned businesses.
  396         (f) A statement of any statutory objectives intended for
  397  each program and activity, the problem or need that the program
  398  and activity were intended to address, and the extent to which
  399  these objectives have been achieved.
  400         (g) An assessment of the extent to which the jurisdiction
  401  of the agency and its programs overlap or duplicate those of
  402  other agencies and the extent to which the programs can be
  403  consolidated with those of other agencies.
  404         (h) An assessment of less restrictive or alternative
  405  methods of providing services for which the agency is
  406  responsible which would reduce costs or improve performance
  407  while adequately protecting the public.
  408         (i) An assessment of the extent to which the agency has
  409  corrected deficiencies and implemented recommendations contained
  410  in reports of the Auditor General, the Office of Program Policy
  411  Analysis and Government Accountability, legislative interim
  412  studies, and federal audit entities.
  413         (j) The process by which an agency actively measures
  414  quality and efficiency of services it provides to the public.
  415         (k) The extent to which the agency complies with public
  416  records and public meetings requirements under chapters 119 and
  417  286 and s. 24, Art. I of the State Constitution.
  418         (l) The extent to which alternative program delivery
  419  options, such as privatization, outsourcing, or insourcing, have
  420  been considered to reduce costs or improve services to state
  421  residents.
  422         (m) Recommendations to the Legislature for statutory,
  423  budgetary, or regulatory changes that would improve the quality
  424  and efficiency of services delivered to the public, reduce
  425  costs, or reduce duplication.
  426         (n) The effect of federal intervention or loss of federal
  427  funds if the agency, program, or activity is abolished.
  428         (o) A list of all advisory committees, including those
  429  established in statute and those established by managerial
  430  initiative; their purpose, activities, composition, and related
  431  expenses; the extent to which their purposes have been achieved;
  432  and the rationale for continuing or eliminating each advisory
  433  committee.
  434         (p) Agency programs or functions that are performed without
  435  specific statutory authority.
  436         (q) Other information requested by the Legislature.
  437         (2) Information and data reported by the agency shall be
  438  validated by its agency head and inspector general before
  439  submission to the Legislature.
  440         (3) The Office of Program Policy Analysis and Government
  441  Accountability shall review the department and Enterprise
  442  Florida, Inc. The review shall include an examination of the
  443  cost of each program, an evaluation of best practices and
  444  alternatives that would result in the administration of the
  445  department in a more efficient or effective manner, an
  446  examination of the viability of privatization or a different
  447  state agency performing the functions, and an evaluation of the
  448  cost and consequences of discontinuing the agency. The review
  449  shall be comprehensive in scope and shall consider the
  450  information provided by the department report in addition to
  451  information deemed necessary by the office and the appropriate
  452  legislative committees. The Office of Program Policy Analysis
  453  and Government Accountability shall include in the report
  454  recommendations for consideration by the Legislature and shall
  455  submit the report to the President of the Senate and the Speaker
  456  of the House of Representatives no later than December 31, 2016.
  457         Section 10. The Legislature recognizes that there is a need
  458  to conform the Florida Statutes to the policy decisions
  459  reflected in this act and that there is a need to resolve
  460  apparent conflicts between any other legislation that has been
  461  or may be enacted during the 2011 Regular Session of the
  462  Legislature and the transfer of duties made by this act.
  463  Therefore, in the interim between this act becoming law and the
  464  2012 Regular Session of the Legislature or an earlier special
  465  session addressing this issue, the Division of Statutory
  466  Revision shall provide the relevant substantive committees of
  467  the Senate and the House of Representatives with assistance,
  468  upon request, to enable such committees to prepare draft
  469  legislation to conform the Florida Statutes and any legislation
  470  enacted during 2011 to the provisions of this act.
  471         Section 11. Section 14.2016, Florida Statutes, is created
  472  to read:
  473         14.2016Division of Emergency Management.—The Division of
  474  Emergency Management is established within the Executive Office
  475  of the Governor. The division shall be a separate budget entity,
  476  as provided in the General Appropriations Act and shall prepare
  477  and submit a budget request in accordance with chapter 216. The
  478  division shall be responsible for all professional, technical,
  479  and administrative support functions necessary to carry out its
  480  responsibilities under part I of chapter 252. The director of
  481  the division shall be appointed by and serve at the pleasure of
  482  the Governor, and shall be the head of the division for all
  483  purposes. The division shall administer programs to rapidly
  484  apply all available aid to communities stricken by an emergency
  485  as defined in s. 252.34 and, for this purpose, shall provide
  486  liaison with federal agencies and other public and private
  487  agencies.
  488         Section 12. Paragraph (h) is added to subsection (3) of
  489  section 20.15, Florida Statutes, to read:
  490         20.15 Department of Education.—There is created a
  491  Department of Education.
  492         (3) DIVISIONS.—The following divisions of the Department of
  493  Education are established:
  494         (h) The Office of Early Learning, which shall administer
  495  the school readiness system in accordance with s. 411.01 and the
  496  operational requirements of the Voluntary Prekindergarten
  497  Education Program in accordance with part V of chapter 1002. The
  498  office is a separate budget entity and is not subject to
  499  control, supervision, or direction by the Department of
  500  Education or the State Board of Education in any manner
  501  including, but not limited to, personnel, purchasing,
  502  transactions involving personal property, and budgetary matters.
  503  The office director shall be appointed by the Governor and
  504  confirmed by the Senate, shall serve at the pleasure of the
  505  Governor, and shall be the agency head of the office for all
  506  purposes. The office shall enter into a service agreement with
  507  the department for professional, technological, and
  508  administrative support services. The office shall be subject to
  509  review and oversight by the Chief Inspector General or his or
  510  her designee.
  511         Section 13. Section 20.60, Florida Statutes, is created to
  512  read:
  513         20.60Department of Economic Opportunity; creation; powers
  514  and duties.—
  515         (1) There is created the Department of Economic
  516  Opportunity.
  517         (2) The head of the department is the executive director,
  518  who shall be appointed by the Governor, subject to confirmation
  519  by the Senate. The executive director shall serve at the
  520  pleasure of and report to the Governor.
  521         (3) The following divisions of the Department of Economic
  522  Opportunity are established:
  523         (a) The Division of Strategic Business Development.
  524         (b) The Division of Community Development.
  525         (c) The Division of Workforce Services.
  526         (d) The Division of Finance and Administration.
  527         (4) The purpose of the department is to assist the Governor
  528  in working with the Legislature, state agencies, business
  529  leaders, and economic development professionals to formulate and
  530  implement coherent and consistent policies and strategies
  531  designed to promote economic opportunities for all Floridians.
  532  To accomplish such purposes, the department shall:
  533         (a) Facilitate the direct involvement of the Governor and
  534  the Lieutenant Governor in economic development and workforce
  535  development projects designed to create, expand, and retain
  536  businesses in this state, to recruit business from around the
  537  world, and to facilitate other job-creating efforts.
  538         (b) Recruit new businesses to this state and promote the
  539  expansion of existing businesses by expediting permitting and
  540  location decisions, worker placement and training, and incentive
  541  awards.
  542         (c) Promote viable, sustainable communities by providing
  543  technical assistance and guidance on growth and development
  544  issues, grants, and other assistance to local communities.
  545         (d) Ensure that the state’s goals and policies relating to
  546  economic development, workforce development, community planning
  547  and development, and affordable housing are fully integrated
  548  with appropriate implementation strategies.
  549         (e) Manage the activities of public-private partnerships
  550  and state agencies in order to avoid duplication and promote
  551  coordinated and consistent implementation of programs in areas
  552  including, but not limited to, tourism; international trade and
  553  investment; business recruitment, creation, retention, and
  554  expansion; minority and small business development; rural
  555  community development; commercialization of products, services,
  556  or ideas developed in public universities or other public
  557  institutions; and the development and promotion of professional
  558  and amateur sporting events.
  559         (5) The divisions within the department have specific
  560  responsibilities to achieve the duties, responsibilities, and
  561  goals of the department. Specifically:
  562         (a) The Division of Strategic Business Development shall:
  563         1. Analyze and evaluate business prospects identified by
  564  the Governor, the executive director of the department, and
  565  Enterprise Florida, Inc.
  566         2. Administer certain tax refund, tax credit, and grant
  567  programs created in law. Notwithstanding any other provision of
  568  law, the department may expend interest earned from the
  569  investment of program funds deposited in the Grants and
  570  Donations Trust Fund to contract for the administration of those
  571  programs, or portions of the programs, assigned to the
  572  department by law, by the appropriations process, or by the
  573  Governor. Such expenditures shall be subject to review under
  574  chapter 216.
  575         3. Develop measurement protocols for the state incentive
  576  programs and for the contracted entities which will be used to
  577  determine their performance and competitive value to the state.
  578  Performance measures, benchmarks, and sanctions must be
  579  developed in consultation with the legislative appropriations
  580  committees and the appropriate substantive committees, and are
  581  subject to the review and approval process provided in s.
  582  216.177. The approved performance measures, standards, and
  583  sanctions shall be included and made a part of the strategic
  584  plan for contracts entered into for delivery of programs
  585  authorized by this section.
  586         4. Develop a 5-year statewide strategic plan. The strategic
  587  plan must include, but need not be limited to:
  588         a. Strategies for the promotion of business formation,
  589  expansion, recruitment, and retention through aggressive
  590  marketing, international development, and export assistance,
  591  which lead to more and better jobs and higher wages for all
  592  geographic regions, disadvantaged communities, and populations
  593  of the state, including rural areas, minority businesses, and
  594  urban core areas.
  595         b. The development of realistic policies and programs to
  596  further the economic diversity of the state, its regions, and
  597  their associated industrial clusters.
  598         c. Specific provisions for the stimulation of economic
  599  development and job creation in rural areas and midsize cities
  600  and counties of the state, including strategies for rural
  601  marketing and the development of infrastructure in rural areas.
  602         d. Provisions for the promotion of the successful long-term
  603  economic development of the state with increased emphasis in
  604  market research and information.
  605         e. Plans for the generation of foreign investment in the
  606  state which create jobs paying above-average wages and which
  607  result in reverse investment in the state, including programs
  608  that establish viable overseas markets, assist in meeting the
  609  financing requirements of export-ready firms, broaden
  610  opportunities for international joint venture relationships, use
  611  the resources of academic and other institutions, coordinate
  612  trade assistance and facilitation services, and facilitate
  613  availability of and access to education and training programs
  614  that assure requisite skills and competencies necessary to
  615  compete successfully in the global marketplace.
  616         f. The identification of business sectors that are of
  617  current or future importance to the state’s economy and to the
  618  state’s global business image, and development of specific
  619  strategies to promote the development of such sectors.
  620         g. Strategies for talent development necessary in the state
  621  to encourage economic development growth, taking into account
  622  factors such as the state’s talent supply chain, education and
  623  training opportunities, and available workforce.
  624         5. Update the strategic plan every 5 years.
  625         6. Involve Enterprise Florida, Inc.; Workforce Florida,
  626  Inc.; local governments; the general public; local and regional
  627  economic development organizations; other local, state, and
  628  federal economic, international, and workforce development
  629  entities; the business community; and educational institutions
  630  to assist with the strategic plan.
  631         (b)The Division of Community Development shall:
  632         1. Assist local governments and their communities in
  633  finding creative planning solutions to help them foster vibrant,
  634  healthy communities, while protecting the functions of important
  635  state resources and facilities.
  636         2. Administer state and federal grant programs as provided
  637  by law to provide community development and project planning
  638  activities to maintain viable communities, revitalize existing
  639  communities, and expand economic development and employment
  640  opportunities, including:
  641         a. The Community Services Block Grant Program.
  642         b. The Community Development Block Grant Program in chapter
  643  290.
  644         c. The Low-Income Home Energy Assistance Program in chapter
  645  409.
  646         d. The Weatherization Assistance Program in chapter 409.
  647         e.The Neighborhood Stabilization Program.
  648         f. The local comprehensive planning process and the
  649  development of regional impact process.
  650         g. The Front Porch Florida Initiative through the Office of
  651  Urban Opportunity, which is created within the division. The
  652  purpose of the office is to administer the Front Porch Florida
  653  initiative, a comprehensive, community-based urban core
  654  redevelopment program that enables urban core residents to craft
  655  solutions to the unique challenges of each designated community.
  656         3. Assist in developing the 5-year statewide strategic plan
  657  required by this section.
  658         (c) The Division of Workforce Services shall:
  659         1. Prepare and submit a unified budget request for
  660  workforce in accordance with chapter 216 for, and in conjunction
  661  with, Workforce Florida, Inc., and its board.
  662         2. Ensure that the state appropriately administers federal
  663  and state workforce funding by administering plans and policies
  664  of Workforce Florida, Inc., under contract with Workforce
  665  Florida, Inc. The operating budget and midyear amendments
  666  thereto must be part of such contract.
  667         a. All program and fiscal instructions to regional
  668  workforce boards shall emanate from the Department of Economic
  669  Opportunity pursuant to plans and policies of Workforce Florida,
  670  Inc., which shall be responsible for all policy directions to
  671  the regional workforce boards.
  672         b. Unless otherwise provided by agreement with Workforce
  673  Florida, Inc., administrative and personnel policies of the
  674  Department of Economic Opportunity shall apply.
  675         3. Implement the state’s unemployment compensation program.
  676  The Department of Economic Opportunity shall ensure that the
  677  state appropriately administers the unemployment compensation
  678  program pursuant to state and federal law.
  679         4. Assist in developing the 5-year statewide strategic plan
  680  required by this section.
  681         (6)(a)The Department of Economic Opportunity is the
  682  administrative agency designated for receipt of federal
  683  workforce development grants and other federal funds. The
  684  department shall administer the duties and responsibilities
  685  assigned by the Governor under each federal grant assigned to
  686  the department. The department shall expend each revenue source
  687  as provided by federal and state law and as provided in plans
  688  developed by and agreements with Workforce Florida, Inc. The
  689  department may serve as the contract administrator for contracts
  690  entered into by Workforce Florida, Inc., pursuant to s.
  691  445.004(5), as directed by Workforce Florida, Inc.
  692         (b) The Department of Economic Opportunity shall serve as
  693  the designated agency for purposes of each federal workforce
  694  development grant assigned to it for administration. The
  695  department shall carry out the duties assigned to it by the
  696  Governor, under the terms and conditions of each grant. The
  697  department shall have the level of authority and autonomy
  698  necessary to be the designated recipient of each federal grant
  699  assigned to it, and shall disburse such grants pursuant to the
  700  plans and policies of Workforce Florida, Inc. The executive
  701  director may, upon delegation from the Governor and pursuant to
  702  agreement with Workforce Florida, Inc., sign contracts, grants,
  703  and other instruments as necessary to execute functions assigned
  704  to the department. Notwithstanding other provision of law, the
  705  department shall administer other programs funded by federal or
  706  state appropriations, as determined by the Legislature in the
  707  General Appropriations Act or by law.
  708         (7) The department may provide or contract for training for
  709  employees of administrative entities and case managers of any
  710  contracted providers to ensure they have the necessary
  711  competencies and skills to provide adequate administrative
  712  oversight and delivery of the full array of client services.
  713         (8) The Unemployment Appeals Commission, authorized by s.
  714  443.012, is not subject to control, supervision, or direction by
  715  the department in the performance of its powers and duties but
  716  shall receive any and all support and assistance from the
  717  department which is required for the performance of its duties.
  718         (9) The executive director shall:
  719         (a) Manage all activities and responsibilities of the
  720  department.
  721         (b) Serve as the manager for the state with respect to
  722  contracts with Enterprise Florida, Inc., the Institute for the
  723  Commercialization of Public Research, and all applicable direct
  724  support organizations. To accomplish the provisions of this
  725  section and applicable provisions of chapter 288, and
  726  notwithstanding the provisions of part I of chapter 287, the
  727  director shall enter into specific contracts with Enterprise
  728  Florida, Inc., the Institute for the Commercialization of Public
  729  Research, and other appropriate direct-support organizations.
  730  Such contracts may be for multiyear terms and shall include
  731  specific performance measures for each year. For purposes of
  732  this section, the Florida Tourism Industry Marketing Corporation
  733  is not an appropriate direct-support organization.
  734         (10) The department, with assistance from Enterprise
  735  Florida, Inc., shall, by January 1 of each year, submit an
  736  annual report to the Governor, the President of the Senate, and
  737  the Speaker of the House of Representatives on the condition of
  738  the business climate and economic development in the state. The
  739  report shall include the identification of problems and a
  740  prioritized list of recommendations.
  741         (11) The department shall establish annual performance
  742  standards for Enterprise Florida, Inc., Workforce Florida, Inc.,
  743  the Florida Tourism Industry Marketing Corporation, and Space
  744  Florida and report annually on how these performance measures
  745  are being met in the annual report required under subsection
  746  (10).
  747         (12) The department shall have an official seal by which
  748  its records, orders, and proceedings are authenticated. The seal
  749  shall be judicially noticed.
  750         (13) The department shall administer the role of state
  751  government under part I of chapter 421, relating to public
  752  housing, chapter 422, relating to housing cooperation law, and
  753  chapter 423, tax exemption of housing authorities. The
  754  department is the agency of state government responsible for the
  755  state’s role in housing and urban development.
  756         Section 14. Present subsection (3) is renumbered as
  757  subsection (4), and a new subsection (3) is added to section
  758  14.32, Florida Statutes, to read:
  759         14.32 Office of Chief Inspector General.—
  760         (3) Related to public-private partnerships, the Chief
  761  Inspector General:
  762         (a) Shall advise public-private partnerships, including
  763  Enterprise Florida, Inc., in their development, utilization, and
  764  improvement of internal control measures necessary to ensure
  765  fiscal accountability.
  766         (b) May conduct, direct, and supervise audits relating to
  767  the programs and operations of public-private partnerships.
  768         (c) Shall receive and investigate complaints of fraud,
  769  abuses, and deficiencies relating to programs and operations of
  770  public-private partnerships.
  771         (d) May request and have access to any records, data, and
  772  other information in the possession of public-private
  773  partnerships which the Chief Inspector General deems necessary
  774  to carry out his or her responsibilities with respect to
  775  accountability.
  776         (e) Shall monitor public-private partnerships for
  777  compliance with the terms and conditions of contracts with the
  778  department and report noncompliance to the Governor.
  779         (f) Shall advise public-private partnerships in the
  780  development, utilization, and improvement of performance
  781  measures for the evaluation of their operations.
  782         (g) Shall review and make recommendations for improvements
  783  in the actions taken by public-private partnerships to meet
  784  performance standards.
  785         Section 15. Paragraph (c) of subsection (1), and
  786  subsections (9) and (10) of section 201.15, Florida Statutes,
  787  are amended to read:
  788         201.15 Distribution of taxes collected.—All taxes collected
  789  under this chapter are subject to the service charge imposed in
  790  s. 215.20(1). Prior to distribution under this section, the
  791  Department of Revenue shall deduct amounts necessary to pay the
  792  costs of the collection and enforcement of the tax levied by
  793  this chapter. Such costs and the service charge may not be
  794  levied against any portion of taxes pledged to debt service on
  795  bonds to the extent that the costs and service charge are
  796  required to pay any amounts relating to the bonds. After
  797  distributions are made pursuant to subsection (1), all of the
  798  costs of the collection and enforcement of the tax levied by
  799  this chapter and the service charge shall be available and
  800  transferred to the extent necessary to pay debt service and any
  801  other amounts payable with respect to bonds authorized before
  802  January 1, 2010, secured by revenues distributed pursuant to
  803  subsection (1). All taxes remaining after deduction of costs and
  804  the service charge shall be distributed as follows:
  805         (1) Sixty-three and thirty-one hundredths percent of the
  806  remaining taxes shall be used for the following purposes:
  807         (c) After the required payments under paragraphs (a) and
  808  (b), the remainder shall be paid into the State Treasury to the
  809  credit of:
  810         1. The State Transportation Trust Fund in the Department of
  811  Transportation in the amount of the lesser of 38.2 percent of
  812  the remainder or $541.75 million in each fiscal year. Out of
  813  such funds, the first $50 million for the 2012-2013 fiscal year;
  814  $65 million for the 2013-2014 fiscal year; and $75 million for
  815  the 2014-2015 fiscal year and all subsequent years, shall be
  816  transferred to the State Economic Enhancement and Development
  817  Trust Fund within the Department of Economic Opportunity. The
  818  remainder is, to be used for the following specified purposes,
  819  notwithstanding any other law to the contrary:
  820         a. For the purposes of capital funding for the New Starts
  821  Transit Program, authorized by Title 49, U.S.C. s. 5309 and
  822  specified in s. 341.051, 10 percent of these funds;
  823         b. For the purposes of the Small County Outreach Program
  824  specified in s. 339.2818, 5 percent of these funds. Effective
  825  July 1, 2014, the percentage allocated under this sub
  826  subparagraph shall be increased to 10 percent;
  827         c. For the purposes of the Strategic Intermodal System
  828  specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
  829  of these funds after allocating for the New Starts Transit
  830  Program described in sub-subparagraph a. and the Small County
  831  Outreach Program described in sub-subparagraph b.; and
  832         d. For the purposes of the Transportation Regional
  833  Incentive Program specified in s. 339.2819, 25 percent of these
  834  funds after allocating for the New Starts Transit Program
  835  described in sub-subparagraph a. and the Small County Outreach
  836  Program described in sub-subparagraph b. Effective July 1, 2014,
  837  the first $60 million of the funds allocated pursuant to this
  838  sub-subparagraph shall be allocated annually to the Florida Rail
  839  Enterprise for the purposes established in s. 341.303(5).
  840         2. The Grants and Donations Trust Fund in the Department of
  841  Economic Opportunity Community Affairs in the amount of the
  842  lesser of .23 percent of the remainder or $3.25 million in each
  843  fiscal year to fund technical assistance to local governments
  844  and school boards on the requirements and implementation of this
  845  act.
  846         3. The Ecosystem Management and Restoration Trust Fund in
  847  the amount of the lesser of 2.12 percent of the remainder or $30
  848  million in each fiscal year, to be used for the preservation and
  849  repair of the state’s beaches as provided in ss. 161.091
  850  161.212.
  851         4. General Inspection Trust Fund in the amount of the
  852  lesser of .02 percent of the remainder or $300,000 in each
  853  fiscal year to be used to fund oyster management and restoration
  854  programs as provided in s. 379.362(3).
  855  
  856  Moneys distributed pursuant to this paragraph may not be pledged
  857  for debt service unless such pledge is approved by referendum of
  858  the voters.
  859         (9) Seven and fifty-three hundredths The lesser of 7.53
  860  percent of the remaining taxes or $107 million in each fiscal
  861  year shall be paid into the State Treasury to the credit of the
  862  State Housing Trust Fund. Out of such funds, beginning in the
  863  2012-2013 fiscal year, the first $35 million shall be
  864  transferred annually, subject to any distribution required under
  865  subsection (15), to the State Economic Enhancement and
  866  Development Trust Fund within the Department of Economic
  867  Opportunity. The remainder shall be and used as follows:
  868         (a) Half of that amount shall be used for the purposes for
  869  which the State Housing Trust Fund was created and exists by
  870  law.
  871         (b) Half of that amount shall be paid into the State
  872  Treasury to the credit of the Local Government Housing Trust
  873  Fund and used for the purposes for which the Local Government
  874  Housing Trust Fund was created and exists by law.
  875         (10) Eight and sixty-six hundredths The lesser of 8.66
  876  percent of the remaining taxes or $136 million in each fiscal
  877  year shall be paid into the State Treasury to the credit of the
  878  State Housing Trust Fund. Out of such funds, beginning in the
  879  2012-2013 fiscal year, the first $40 million shall be
  880  transferred annually, subject to any distribution required under
  881  subsection (15), to the State Economic Enhancement and
  882  Development Trust Fund within the Department of Economic
  883  Opportunity. The remainder shall be and used as follows:
  884         (a) Twelve and one-half percent of that amount shall be
  885  deposited into the State Housing Trust Fund and be expended by
  886  the Department of Economic Opportunity Community Affairs and by
  887  the Florida Housing Finance Corporation for the purposes for
  888  which the State Housing Trust Fund was created and exists by
  889  law.
  890         (b) Eighty-seven and one-half percent of that amount shall
  891  be distributed to the Local Government Housing Trust Fund and
  892  used for the purposes for which the Local Government Housing
  893  Trust Fund was created and exists by law. Funds from this
  894  category may also be used to provide for state and local
  895  services to assist the homeless.
  896         Section 16. Section 215.559, Florida Statutes, is amended
  897  to read:
  898         215.559 Hurricane Loss Mitigation Program.—
  899         (1) There is created A Hurricane Loss Mitigation Program is
  900  established in the Division of Emergency Management.
  901         (1) The Legislature shall annually appropriate $10 million
  902  of the moneys authorized for appropriation under s.
  903  215.555(7)(c) from the Florida Hurricane Catastrophe Fund to the
  904  division Department of Community Affairs for the purposes set
  905  forth in this section. Of the amount:
  906         (2)(a) Seven million dollars in funds provided in
  907  subsection (1) shall be used for programs to improve the wind
  908  resistance of residences and mobile homes, including loans,
  909  subsidies, grants, demonstration projects, and direct
  910  assistance; educating persons concerning the Florida Building
  911  Code cooperative programs with local governments and the Federal
  912  Government; and other efforts to prevent or reduce losses or
  913  reduce the cost of rebuilding after a disaster.
  914         (b) Three million dollars in funds provided in subsection
  915  (1) shall be used to retrofit existing facilities used as public
  916  hurricane shelters. Each year the division shall department must
  917  prioritize the use of these funds for projects included in the
  918  annual report of the September 1, 2000, version of the Shelter
  919  Retrofit Report prepared in accordance with s. 252.385(3), and
  920  each annual report thereafter. The division department must give
  921  funding priority to projects in regional planning council
  922  regions that have shelter deficits and to projects that maximize
  923  the use of state funds.
  924         (2)(3)(a) Forty percent of the total appropriation in
  925  paragraph (1)(a)(2)(a) shall be used to inspect and improve tie
  926  downs for mobile homes.
  927         (b)1. There is created The Manufactured Housing and Mobile
  928  Home Mitigation and Enhancement Program is established. The
  929  program shall require the mitigation of damage to or the
  930  enhancement of homes for the areas of concern raised by the
  931  Department of Highway Safety and Motor Vehicles in the 2004-2005
  932  Hurricane Reports on the effects of the 2004 and 2005 hurricanes
  933  on manufactured and mobile homes in this state. The mitigation
  934  or enhancement must include, but need not be limited to,
  935  problems associated with weakened trusses, studs, and other
  936  structural components caused by wood rot or termite damage;
  937  site-built additions; or tie-down systems and may also address
  938  any other issues deemed appropriate by Tallahassee Community
  939  College, the Federation of Manufactured Home Owners of Florida,
  940  Inc., the Florida Manufactured Housing Association, and the
  941  Department of Highway Safety and Motor Vehicles. The program
  942  shall include an education and outreach component to ensure that
  943  owners of manufactured and mobile homes are aware of the
  944  benefits of participation.
  945         2. The program shall be a grant program that ensures that
  946  entire manufactured home communities and mobile home parks may
  947  be improved wherever practicable. The moneys appropriated for
  948  this program shall be distributed directly to Tallahassee
  949  Community College for the uses set forth under this subsection.
  950         3. Upon evidence of completion of the program, the Citizens
  951  Property Insurance Corporation shall grant, on a pro rata basis,
  952  actuarially reasonable discounts, credits, or other rate
  953  differentials or appropriate reductions in deductibles for the
  954  properties of owners of manufactured homes or mobile homes on
  955  which fixtures or construction techniques that have been
  956  demonstrated to reduce the amount of loss in a windstorm have
  957  been installed or implemented. The discount on the premium must
  958  be applied to subsequent renewal premium amounts. Premiums of
  959  the Citizens Property Insurance Corporation must reflect the
  960  location of the home and the fact that the home has been
  961  installed in compliance with building codes adopted after
  962  Hurricane Andrew. Rates resulting from the completion of the
  963  Manufactured Housing and Mobile Home Mitigation and Enhancement
  964  Program are not considered competitive rates for the purposes of
  965  s. 627.351(6)(d)1. and 2.
  966         4. On or before January 1 of each year, Tallahassee
  967  Community College shall provide a report of activities under
  968  this subsection to the Governor, the President of the Senate,
  969  and the Speaker of the House of Representatives. The report must
  970  set forth the number of homes that have taken advantage of the
  971  program, the types of enhancements and improvements made to the
  972  manufactured or mobile homes and attachments to such homes, and
  973  whether there has been an increase in availability of insurance
  974  products to owners of manufactured or mobile homes.
  975  
  976  Tallahassee Community College shall develop the programs set
  977  forth in this subsection in consultation with the Federation of
  978  Manufactured Home Owners of Florida, Inc., the Florida
  979  Manufactured Housing Association, and the Department of Highway
  980  Safety and Motor Vehicles. The moneys appropriated for the
  981  programs set forth in this subsection shall be distributed
  982  directly to Tallahassee Community College to be used as set
  983  forth in this subsection.
  984         (3)(4) Of moneys provided to the division Department of
  985  Community Affairs in paragraph (1)(a)(2)(a), 10 percent shall be
  986  allocated to the Florida International University center
  987  dedicated to hurricane research. The center shall develop a
  988  preliminary work plan approved by the advisory council set forth
  989  in subsection (4)(5) to eliminate the state and local barriers
  990  to upgrading existing mobile homes and communities, research and
  991  develop a program for the recycling of existing older mobile
  992  homes, and support programs of research and development relating
  993  to hurricane loss reduction devices and techniques for site
  994  built residences. The State University System also shall consult
  995  with the division Department of Community Affairs and assist the
  996  division department with the report required under subsection
  997  (6)(7).
  998         (4)(5) Except for the programs set forth in subsection
  999  (3)(4), the division Department of Community Affairs shall
 1000  develop the programs set forth in this section in consultation
 1001  with an advisory council consisting of a representative
 1002  designated by the Chief Financial Officer, a representative
 1003  designated by the Florida Home Builders Association, a
 1004  representative designated by the Florida Insurance Council, a
 1005  representative designated by the Federation of Manufactured Home
 1006  Owners, a representative designated by the Florida Association
 1007  of Counties, and a representative designated by the Florida
 1008  Manufactured Housing Association, and a representative
 1009  designated by the Florida Building Commission.
 1010         (5)(6) Moneys provided to the division Department of
 1011  Community Affairs under this section are intended to supplement,
 1012  not supplant, the division’s other funding sources of the
 1013  Department of Community Affairs and may not supplant other
 1014  funding sources of the Department of Community Affairs.
 1015         (6)(7) On January 1st of each year, the division Department
 1016  of Community Affairs shall provide a full report and accounting
 1017  of activities under this section and an evaluation of such
 1018  activities to the Speaker of the House of Representatives, the
 1019  President of the Senate, and the Majority and Minority Leaders
 1020  of the House of Representatives and the Senate. Upon completion
 1021  of the report, the division Department of Community Affairs
 1022  shall deliver the report to the Office of Insurance Regulation.
 1023  The Office of Insurance Regulation shall review the report and
 1024  shall make such recommendations available to the insurance
 1025  industry as the Office of Insurance Regulation deems
 1026  appropriate. These recommendations may be used by insurers for
 1027  potential discounts or rebates pursuant to s. 627.0629. The
 1028  Office of Insurance Regulation shall make such the
 1029  recommendations within 1 year after receiving the report.
 1030         (8)(a) Notwithstanding any other provision of this section
 1031  and for the 2010-2011 fiscal year only, the $3 million
 1032  appropriation provided for in paragraph (2)(b) may be used for
 1033  hurricane shelters as identified in the General Appropriations
 1034  Act.
 1035         (b) This subsection expires June 30, 2011.
 1036         (7)(9) This section is repealed June 30, 2021 2011.
 1037         Section 17. Section 288.005, Florida Statutes, is created
 1038  to read:
 1039         288.005Definitions.—As used in this chapter, the term:
 1040         (1) “Economic benefits” means the direct, indirect, and
 1041  induced gains in state revenues as a percentage of the state’s
 1042  investment. The state’s investment includes state grants, tax
 1043  exemptions, tax refunds, tax credits, and other state
 1044  incentives.
 1045         (2) “Department” means the Department of Economic
 1046  Opportunity.
 1047         (3) Executive director” means the executive director of
 1048  the Department of Economic Opportunity, unless otherwise stated.
 1049         Section 18. Section 288.061, Florida Statutes, is amended
 1050  to read:
 1051         288.061 Economic development incentive application
 1052  process.—
 1053         (1) Within 10 business days after Upon receiving a
 1054  submitted economic development incentive application, the
 1055  Division of Strategic Business Development of the Department of
 1056  Economic Opportunity and designated staff of Enterprise Florida,
 1057  Inc., shall review the application to ensure that the and inform
 1058  the applicant business whether or not its application is
 1059  complete, whether and what type of state and local permits may
 1060  be necessary for the applicant’s project, whether it is possible
 1061  to waive such permits, and what state incentives and amounts of
 1062  such incentives may be available to the applicant. The
 1063  department shall recommend to the executive director to approve
 1064  or disapprove an applicant business. If review of the
 1065  application demonstrates that the application is incomplete, the
 1066  executive director shall notify the applicant business within
 1067  the first 5 business days after receiving the application.
 1068  Within 10 business days after the application is deemed
 1069  complete, Enterprise Florida, Inc., shall evaluate the
 1070  application and recommend approval or disapproval of the
 1071  application to the director of the Office of Tourism, Trade, and
 1072  Economic Development. In recommending an applicant business for
 1073  approval, Enterprise Florida, Inc., shall include in its
 1074  evaluation a recommended grant award amount and a review of the
 1075  applicant’s ability to meet specific program criteria.
 1076         (2) Within 10 business 10 calendar days after the
 1077  department receives the submitted economic development incentive
 1078  application, the executive director shall approve or disapprove
 1079  the application and the Office of Tourism, Trade, and Economic
 1080  Development receives the evaluation and recommendation from
 1081  Enterprise Florida, Inc., the Office shall notify Enterprise
 1082  Florida, Inc., whether or not the application is reviewable.
 1083  Within 22 calendar days after the Office receives the
 1084  recommendation from Enterprise Florida, Inc., the director of
 1085  the Office shall review the application and issue a letter of
 1086  certification to the applicant which that approves or
 1087  disapproves an applicant business and includes a justification
 1088  of that decision, unless the business requests an extension of
 1089  that time.
 1090         (a) The contract or agreement with the applicant final
 1091  order shall specify the total amount of the award, the
 1092  performance conditions that must be met to obtain the award, and
 1093  the schedule for payment, and sanctions that would apply for
 1094  failure to meet performance conditions. The department may enter
 1095  into one agreement or contract covering all of the state
 1096  incentives that are being provided to the applicant. The
 1097  contract must provide that release of funds is contingent upon
 1098  sufficient appropriation of funds by the Legislature.
 1099         (b) The release of funds for the incentive or incentives
 1100  awarded to the applicant depends upon the statutory requirements
 1101  of the particular incentive program.
 1102         (3) The department shall validate contractor performance.
 1103  Such validation shall be reported in the annual incentive report
 1104  required under s. 288.907.
 1105         Section 19. Section 288.095, Florida Statutes, is amended
 1106  to read:
 1107         288.095 Economic Development Trust Fund.—
 1108         (1) The Economic Development Trust Fund is created within
 1109  the Department of Economic Opportunity Office of Tourism, Trade,
 1110  and Economic Development. Moneys deposited into the fund must be
 1111  used only to support the authorized activities and operations of
 1112  the department Office.
 1113         (2) There is created, within the Economic Development Trust
 1114  Fund, the Economic Development Incentives Account. The Economic
 1115  Development Incentives Account consists of moneys appropriated
 1116  to the account for purposes of the tax incentives programs
 1117  authorized under ss. 288.1045 and 288.106, and local financial
 1118  support provided under ss. 288.1045 and 288.106. Moneys in the
 1119  Economic Development Incentives Account shall be subject to the
 1120  provisions of s. 216.301(1)(a).
 1121         (3)(a) The department Office of Tourism, Trade, and
 1122  Economic Development may approve applications for certification
 1123  pursuant to ss. 288.1045(3) and 288.106. However, the total
 1124  state share of tax refund payments scheduled in all active
 1125  certifications for fiscal year 2001-2002 may not exceed $30
 1126  million. The total for each subsequent fiscal year may not
 1127  exceed $35 million.
 1128         (b) The total amount of tax refund claims approved for
 1129  payment by the department Office of Tourism, Trade, and Economic
 1130  Development based on actual project performance may not exceed
 1131  the amount appropriated to the Economic Development Incentives
 1132  Account for such purposes for the fiscal year. Claims for tax
 1133  refunds under ss. 288.1045 and 288.106 shall be paid in the
 1134  order the claims are approved by the department Office of
 1135  Tourism, Trade, and Economic Development. In the event the
 1136  Legislature does not appropriate an amount sufficient to satisfy
 1137  the tax refunds under ss. 288.1045 and 288.106 in a fiscal year,
 1138  the department Office of Tourism, Trade, and Economic
 1139  Development shall pay the tax refunds from the appropriation for
 1140  the following fiscal year. By March 1 of each year, the
 1141  department Office of Tourism, Trade, and Economic Development
 1142  shall notify the legislative appropriations committees of the
 1143  Senate and House of Representatives of any anticipated shortfall
 1144  in the amount of funds needed to satisfy claims for tax refunds
 1145  from the appropriation for the current fiscal year.
 1146         (c) Pursuant to s. 288.907 By December 31 of each year,
 1147  Enterprise Florida, Inc., shall submit a complete and detailed
 1148  annual report to the Governor, the President of the Senate, and
 1149  the Speaker of the House of Representatives, and the director of
 1150  the Office of Tourism, Trade, and Economic Development of all
 1151  applications received, recommendations made to the department
 1152  Office of Tourism, Trade, and Economic Development, final
 1153  decisions issued, tax refund agreements executed, and tax
 1154  refunds paid or other payments made under all programs funded
 1155  out of the Economic Development Incentives Account, including
 1156  analyses of benefits and costs, types of projects supported, and
 1157  employment and investment created. The department Enterprise
 1158  Florida, Inc., shall also include a separate analysis of the
 1159  impact of such tax refunds on state enterprise zones designated
 1160  pursuant to s. 290.0065, rural communities, brownfield areas,
 1161  and distressed urban communities. The report must also discuss
 1162  the efforts made by the department Office of Tourism, Trade, and
 1163  Economic Development to amend tax refund agreements to require
 1164  tax refund claims to be submitted by January 31 for the net new
 1165  full-time equivalent jobs in this state as of December 31 of the
 1166  preceding calendar year. The report must also list the name and
 1167  tax refund amount for each business that has received a tax
 1168  refund under s. 288.1045 or s. 288.106 during the preceding
 1169  fiscal year. The Office of Tourism, Trade, and Economic
 1170  Development shall assist Enterprise Florida, Inc., in the
 1171  collection of data related to business performance and incentive
 1172  payments.
 1173         (d) Moneys in the Economic Development Incentives Account
 1174  may be used only to pay tax refunds and make other payments
 1175  authorized under s. 288.1045, s. 288.106, or s. 288.107.
 1176         (e) The department Office of Tourism, Trade, and Economic
 1177  Development may adopt rules necessary to carry out the
 1178  provisions of this subsection, including rules providing for the
 1179  use of moneys in the Economic Development Incentives Account and
 1180  for the administration of the Economic Development Incentives
 1181  Account.
 1182         Section 20. Paragraph (b) of subsection (3), and
 1183  subsections (1), (5), (7), and (8) of section 288.1081, Florida
 1184  Statutes, are amended to read:
 1185         288.1081 Economic Gardening Business Loan Pilot Program.—
 1186         (1) There is created within the department Office of
 1187  Tourism, Trade, and Economic Development the Economic Gardening
 1188  Business Loan Pilot Program. The purpose of the pilot program is
 1189  to stimulate investment in Florida’s economy by providing loans
 1190  to expanding businesses in the state. As used in this section,
 1191  the term “office” means the Office of Tourism, Trade, and
 1192  Economic Development.
 1193         (3)
 1194         (b) A loan applicant must submit a written application to
 1195  the loan administrator in the format prescribed by the loan
 1196  administrator. The application must include:
 1197         1. The applicant’s federal employer identification number,
 1198  unemployment account number, and sales or other tax registration
 1199  number.
 1200         2. The street address of the applicant’s principal place of
 1201  business in this state.
 1202         3. A description of the type of economic activity, product,
 1203  or research and development undertaken by the applicant,
 1204  including the six-digit North American Industry Classification
 1205  System code for each type of economic activity conducted by the
 1206  applicant.
 1207         4. The applicant’s annual revenue, number of employees,
 1208  number of full-time equivalent employees, and other information
 1209  necessary to verify the applicant’s eligibility for the pilot
 1210  program under s. 288.1082(4)(a).
 1211         5. The projected investment in the business, if any, which
 1212  the applicant proposes in conjunction with the loan.
 1213         6. The total investment in the business from all sources,
 1214  if any, which the applicant proposes in conjunction with the
 1215  loan.
 1216         7. The number of net new full-time equivalent jobs that, as
 1217  a result of the loan, the applicant proposes to create in this
 1218  state as of December 31 of each year and the average annual wage
 1219  of the proposed jobs.
 1220         8. The total number of full-time equivalent employees the
 1221  applicant currently employs in this state.
 1222         9. The date that the applicant anticipates it needs the
 1223  loan.
 1224         10. A detailed explanation of why the loan is needed to
 1225  assist the applicant in expanding jobs in the state.
 1226         11. A statement that all of the applicant’s available
 1227  corporate assets are pledged as collateral for the amount of the
 1228  loan.
 1229         12. A statement that the applicant, upon receiving the
 1230  loan, agrees not to seek additional long-term debt without prior
 1231  approval of the loan administrator.
 1232         13. A statement that the loan is a joint obligation of the
 1233  business and of each person who owns at least 20 percent of the
 1234  business.
 1235         14. Any additional information requested by the department
 1236  office or the loan administrator.
 1237         (5)(a) The department Office may designate one or more
 1238  qualified entities to serve as loan administrators for the pilot
 1239  program. A loan administrator must:
 1240         1. Be a Florida corporation not for profit incorporated
 1241  under chapter 617 which has its principal place of business in
 1242  the state.
 1243         2. Have 5 years of verifiable experience of lending to
 1244  businesses in this state.
 1245         3. Submit an application to the department Office on forms
 1246  prescribed by the department Office. The application must
 1247  include the loan administrator’s business plan for its proposed
 1248  lending activities under the pilot program, including, but not
 1249  limited to, a description of its outreach efforts, underwriting,
 1250  credit policies and procedures, credit decision processes,
 1251  monitoring policies and procedures, and collection practices;
 1252  the membership of its board of directors; and samples of its
 1253  currently used loan documentation. The application must also
 1254  include a detailed description and supporting documentation of
 1255  the nature of the loan administrator’s partnerships with local
 1256  or regional economic and business development organizations.
 1257         (b) The department Office, upon selecting a loan
 1258  administrator, shall enter into a grant agreement with the
 1259  administrator to issue the available loans to eligible
 1260  applicants. The grant agreement must specify the aggregate
 1261  amount of the loans authorized for award by the loan
 1262  administrator. The term of the grant agreement must be at least
 1263  4 years, except that the department Office may terminate the
 1264  agreement earlier if the loan administrator fails to meet
 1265  minimum performance standards set by the department office. The
 1266  grant agreement may be amended by mutual consent of both
 1267  parties.
 1268         (c) The department Office shall disburse from the Economic
 1269  Development Trust Fund to the loan administrator the
 1270  appropriations provided for the pilot program. Disbursements to
 1271  the loan administrator must not exceed the aggregate amount of
 1272  the loans authorized in the grant agreement. The department
 1273  Office may not disburse more than 50 percent of the aggregate
 1274  amount of the loans authorized in the grant agreement until the
 1275  department Office verifies the borrowers’ use of the loan
 1276  proceeds and the loan administrator’s successful credit
 1277  decisionmaking policies.
 1278         (d) A loan administrator is entitled to receive a loan
 1279  origination fee, payable at closing, of 1 percent of each loan
 1280  issued by the loan administrator and a servicing fee of 0.625
 1281  percent per annum of the loan’s outstanding principal balance,
 1282  payable monthly. During the first 12 months of the loan, the
 1283  servicing fee shall be paid from the disbursement from the
 1284  Economic Development Trust Fund, and thereafter the loan
 1285  administrator shall collect the servicing fee from the payments
 1286  made by the borrower, charging the fee against repayments of
 1287  principal.
 1288         (e) A loan administrator, after collecting the servicing
 1289  fee in accordance with paragraph (d), shall remit the borrower’s
 1290  collected interest, principal payments, and charges for late
 1291  payments to the department office on a quarterly basis. If the
 1292  borrower defaults on the loan, the loan administrator shall
 1293  initiate collection efforts to seek repayment of the loan. The
 1294  loan administrator, upon collecting payments for a defaulted
 1295  loan, shall remit the payments to the department office but, to
 1296  the extent authorized in the grant agreement, may deduct the
 1297  costs of the administrator’s collection efforts. The department
 1298  office shall deposit all funds received under this paragraph in
 1299  the General Revenue Fund.
 1300         (f) A loan administrator shall submit quarterly reports to
 1301  the department Office which include the information required in
 1302  the grant agreement. A quarterly report must include, at a
 1303  minimum, the number of full-time equivalent jobs created as a
 1304  result of the loans, the amount of wages paid to employees in
 1305  the newly created jobs, and the locations and types of economic
 1306  activity undertaken by the borrowers.
 1307         (7) The department Office shall adopt rules under ss.
 1308  120.536(1) and 120.54 to administer this section. To the extent
 1309  necessary to expedite implementation of the pilot program, the
 1310  Office may adopt initial emergency rules for the pilot program
 1311  in accordance with s. 120.54(4).
 1312         (8) On June 30 and December 31 of each year, the department
 1313  beginning in 2009, the Office shall submit a report to the
 1314  Governor, the President of the Senate, and the Speaker of the
 1315  House of Representatives which describes in detail the use of
 1316  the loan funds. The report must include, at a minimum, the
 1317  number of businesses receiving loans, the number of full-time
 1318  equivalent jobs created as a result of the loans, the amount of
 1319  wages paid to employees in the newly created jobs, the locations
 1320  and types of economic activity undertaken by the borrowers, the
 1321  amounts of loan repayments made to date, and the default rate of
 1322  borrowers.
 1323         Section 21. Paragraph (b) of subsection (5) and subsections
 1324  (1), (2), (7), (8), and (9) of section 288.1082, Florida
 1325  Statutes, are amended to read:
 1326         288.1082 Economic Gardening Technical Assistance Pilot
 1327  Program.—
 1328         (1) There is created within the department Office of
 1329  Tourism, Trade, and Economic Development the Economic Gardening
 1330  Technical Assistance Pilot Program. The purpose of the pilot
 1331  program is to stimulate investment in Florida’s economy by
 1332  providing technical assistance for expanding businesses in the
 1333  state. As used in this section, the term “Office” means the
 1334  Office of Tourism, Trade, and Economic Development.
 1335         (2) The department Office shall contract with one or more
 1336  entities to administer the pilot program under this section. The
 1337  department Office shall award each contract in accordance with
 1338  the competitive bidding requirements in s. 287.057 to an entity
 1339  that demonstrates the ability to implement the pilot program on
 1340  a statewide basis, has an outreach plan, and has the ability to
 1341  provide counseling services, access to technology and
 1342  information, marketing services and advice, business management
 1343  support, and other similar services. In selecting these
 1344  entities, the department Office also must consider whether the
 1345  entities will qualify for matching funds to provide the
 1346  technical assistance.
 1347         (5)
 1348         (b) The department office or the contracted entity
 1349  administering the pilot program may prescribe in the agreement
 1350  additional reporting requirements that are necessary to track
 1351  the progress of the business and monitor the business’s
 1352  implementation of the assistance. The contracted entity shall
 1353  report the information to the department office on a quarterly
 1354  basis.
 1355         (7) The department Office shall review the progress of the
 1356  a contracted entity administering the pilot program at least
 1357  once each 6 months and shall determine whether the contracted
 1358  entity is meeting its contractual obligations for administering
 1359  the pilot program. The department Office may terminate and rebid
 1360  a contract if the contracted entity does not meet its
 1361  contractual obligations.
 1362         (8) On December 31 of each year, the department beginning
 1363  in 2009, the Office shall submit a report to the Governor, the
 1364  President of the Senate, and the Speaker of the House of
 1365  Representatives which describes in detail the progress of the
 1366  pilot program. The report must include, at a minimum, the number
 1367  of businesses receiving assistance, the number of full-time
 1368  equivalent jobs created as a result of the assistance, if any,
 1369  the amount of wages paid to employees in the newly created jobs,
 1370  and the locations and types of economic activity undertaken by
 1371  the businesses.
 1372         (9) The department Office may adopt rules under ss.
 1373  120.536(1) and 120.54 to administer this section.
 1374         Section 22. Section 288.901, Florida Statutes, is amended
 1375  to read:
 1376         (Substantial rewording of section. See
 1377         s. 288.901, F.S., for present text.)
 1378         288.901Enterprise Florida, Inc.—
 1379         (1)CREATION.—
 1380         (a) There is created a nonprofit corporation, to be known
 1381  as “Enterprise Florida, Inc.,” which shall be registered,
 1382  incorporated, organized, and operated in compliance with chapter
 1383  617, and which is not a unit or entity of state government.
 1384         (b) The Legislature determines it is in the public interest
 1385  and reflects the state’s public policy that Enterprise Florida,
 1386  Inc., operate in the most open and accessible manner consistent
 1387  with its public purposes. To this end, the Legislature
 1388  specifically declares that Enterprise Florida, Inc., and its
 1389  divisions, boards, and advisory councils, or similar entities
 1390  created or managed by Enterprise Florida, Inc., are subject to
 1391  the provisions of chapter 119, relating to public records and
 1392  those provisions of chapter 286 relating to public meetings and
 1393  records.
 1394         (c) The Legislature determines that it is in the public
 1395  interest for the members of Enterprise Florida, Inc., board of
 1396  directors to be subject to the requirements of ss. 112.3135,
 1397  112.3143, and 112.313, excluding s. 112.313(2), notwithstanding
 1398  the fact that the board members are not public officers or
 1399  employees. For purposes of those sections, the board members
 1400  shall be considered to be public officers or employees. The
 1401  exemption set forth in s. 112.313(12) for advisory boards
 1402  applies to the members of Enterprise Florida, Inc., board of
 1403  directors. Further, each member of the board of directors who is
 1404  not otherwise required to file financial disclosures pursuant to
 1405  s. 8, Art. II of the State Constitution or s. 112.3144, shall
 1406  file disclosure of financial interests pursuant to s. 112.3145.
 1407         (2) PURPOSES.—Enterprise Florida, Inc., shall act as the
 1408  economic-development organization for the state, utilizing
 1409  private-sector and public-sector expertise in collaboration with
 1410  the department to:
 1411         (a) Increase private investment in Florida;
 1412         (b) Advance international and domestic trade opportunities;
 1413         (c) Market the state both as a pro-business location for
 1414  new investment and as an unparalleled tourist destination;
 1415         (d) Revitalize Florida’s space and aerospace industries,
 1416  and promote emerging complementary industries;
 1417         (e) Promote opportunities for minority-owned businesses;
 1418  and
 1419         (f) Assist and market professional and amateur sport teams
 1420  and sporting events in Florida.
 1421         (g) Assist, promote, and enhance economic opportunities in
 1422  this state’s rural and urban communities.
 1423         (3) PERFORMANCE.—Enterprise Florida, Inc., shall enter into
 1424  a performance-based contract with the department, pursuant to s.
 1425  20.60, which includes annual measurements of the performance of
 1426  Enterprise Florida, Inc.
 1427         (4) GOVERNANCE.—Enterprise Florida, Inc., shall be governed
 1428  by a board of directors. The Governor shall serve as chairperson
 1429  of the board. The board of directors shall biennially elect one
 1430  of its members as vice chairperson.
 1431         (5) APPOINTED MEMBERS OF THE BOARD OF DIRECTORS.—
 1432         (a) In addition to the Governor or the Governor’s designee,
 1433  the board of directors shall consist of the following appointed
 1434  members:
 1435         1. The Commissioner of Education or the commissioner’s
 1436  designee.
 1437         2. The Chief Financial Officer or his or her designee.
 1438         3. The chairperson of the board of directors of Workforce
 1439  Florida, Inc.
 1440         4. The Secretary of State or the secretary’s designee.
 1441         5. Twelve members from the private sector, six of whom
 1442  shall be appointed by the Governor, three of whom shall be
 1443  appointed by the President of the Senate, and three of whom
 1444  shall be appointed by the Speaker of the House of
 1445  Representatives. All appointees are subject to Senate
 1446  confirmation.
 1447         (b) In making their appointments, the Governor, the
 1448  President of the Senate, and the Speaker of the House of
 1449  Representatives shall ensure that the composition of the board
 1450  of directors reflects the diversity of Florida’s business
 1451  community and is representative of the economic development
 1452  goals in subsection (2). The board must include at least one
 1453  director for each of the following areas of expertise:
 1454  international business, tourism marketing, the space or
 1455  aerospace industry, managing or financing a minority-owned
 1456  business, manufacturing, finance and accounting, and sports
 1457  marketing.
 1458         (c) The Governor, the President of the Senate, and the
 1459  Speaker of the House of Representatives also shall consider
 1460  appointees who reflect Florida’s racial, ethnic, and gender
 1461  diversity. Efforts shall be taken to ensure participation from
 1462  all geographic areas of the state, including representation from
 1463  urban and rural communities.
 1464         (d) Appointed members shall be appointed to 4-year terms,
 1465  except that initially, to provide for staggered terms, the
 1466  Governor, the President of the Senate, and the Speaker of the
 1467  House of Representatives shall each appoint one member to serve
 1468  a 2-year term and one member to serve a 3-year term, with the
 1469  remaining initial appointees serving 4-year terms. All
 1470  subsequent appointments shall be for 4-year terms.
 1471         (e) Initial appointments must be made by October 1, 2011,
 1472  and be eligible for confirmation at the earliest available
 1473  Senate session. Terms end on September 30.
 1474         (f) Any member is eligible for reappointment, except that a
 1475  member may not serve more than two terms.
 1476         (g)A vacancy on the board of directors shall be filled for
 1477  the remainder of the unexpired term. Vacancies on the board
 1478  shall be filled by appointment by the Governor, the President of
 1479  the Senate, or the Speaker of the House of Representatives,
 1480  respectively, depending on who appointed the member whose
 1481  vacancy is to be filled or whose term has expired.
 1482         (h) Appointed members may be removed by the Governor, the
 1483  President of the Senate, or the Speaker of the House of
 1484  Representatives, respectively, for cause. Absence from three
 1485  consecutive meetings results in automatic removal.
 1486         (6) AT-LARGE MEMBERS OF THE BOARD OF DIRECTORS.—The board
 1487  of directors may by resolution appoint at-large members to the
 1488  board from the private sector, each of whom may serve a term of
 1489  up to 3 years. At-large members shall have the powers and duties
 1490  of other members of the board. An at-large member is eligible
 1491  for reappointment but may not vote on his or her own
 1492  reappointment. An at-large member shall be eligible to fill
 1493  vacancies occurring among private-sector appointees under
 1494  subsection (5). At-large members may annually provide
 1495  contributions to Enterprise Florida, Inc., in an amount
 1496  determined by the board of directors. The contributions must be
 1497  used to defray the operating expenses of Enterprise Florida,
 1498  Inc., and help meet the required private match to the state’s
 1499  annual appropriation.
 1500         (7)EX OFFICIO BOARD MEMBERS.—In addition to the members
 1501  specified in subsections (5) and (6), the board of directors
 1502  shall consist of the following ex officio members:
 1503         (a) A member of the Senate, who shall be appointed by the
 1504  President of the Senate and serve at the pleasure of the
 1505  President.
 1506         (b) A member of the House of Representatives, who shall be
 1507  appointed by the Speaker of the House of Representatives and
 1508  serve at the pleasure of the Speaker.
 1509         (8)MEETING.—The board of directors shall meet at least
 1510  four times each year, upon the call of the chairperson, at the
 1511  request of the vice chairperson, or at the request of a majority
 1512  of the membership. A majority of the total number of current
 1513  voting members shall constitute a quorum. The board of directors
 1514  may take official action by a majority vote of the members
 1515  present at any meeting at which a quorum is present.
 1516         (9) SERVICE.—Members of the board of directors shall serve
 1517  without compensation, but members may be reimbursed for all
 1518  reasonable, necessary, and actual expenses, as determined by the
 1519  board of directors.
 1520         (10) PROHIBITION.—Enterprise Florida, Inc., may not endorse
 1521  any candidate for any elected public office or contribute moneys
 1522  to the campaign of any such candidate.
 1523         Section 23. Section 288.9015, Florida Statutes, is amended
 1524  to read:
 1525         (Substantial rewording of section. See
 1526         s. 288.9015, F.S., for present text.)
 1527         288.9015Powers of Enterprise Florida, Inc.; board of
 1528  directors.—
 1529         (1) Enterprise Florida, Inc., shall integrate its efforts
 1530  in business recruitment and expansion, job creation, marketing
 1531  the state for tourism and sports, and promoting economic
 1532  opportunities for minority-owned businesses and promoting
 1533  economic opportunities for rural and distressed urban
 1534  communities with those of the department, to create an
 1535  aggressive, agile, and collaborative effort to reinvigorate the
 1536  state’s economy.
 1537         (2) The board of directors of Enterprise Florida, Inc.,
 1538  may:
 1539         (a) Secure funding for its programs and activities, and for
 1540  its boards from federal, state, local, and private sources and
 1541  from fees charged for services and published materials.
 1542         (b) Solicit, receive, hold, invest, and administer any
 1543  grant, payment, or gift of funds or property and make
 1544  expenditures consistent with the powers granted to it.
 1545         (c) Make and enter into contracts and other instruments
 1546  necessary or convenient for the exercise of its powers and
 1547  functions. A contract executed by Enterprise Florida, Inc., with
 1548  a person or organization under which such person or organization
 1549  agrees to perform economic development services or similar
 1550  business assistance services on behalf of Enterprise Florida,
 1551  Inc., or the state must include provisions requiring a
 1552  performance report on the contracted activities and must account
 1553  for the proper use of funds provided under the contract,
 1554  coordinate with other components of state and local economic
 1555  development systems, and avoid duplication of existing state and
 1556  local services and activities.
 1557         (d) Elect or appoint such officers, employees, and agents
 1558  as required for its activities and for its divisions and pay
 1559  such persons reasonable compensation.
 1560         (e) Carry forward any unexpended state appropriations into
 1561  succeeding fiscal years.
 1562         (f) Create and dissolve advisory councils pursuant to s.
 1563  288.92, working groups, task forces, or similar organizations,
 1564  as necessary to carry out its mission. Members of advisory
 1565  councils, working groups, task forces, or similar organizations
 1566  created by Enterprise Florida, Inc., shall serve without
 1567  compensation, but may be reimbursed for reasonable, necessary,
 1568  and actual expenses, as determined by the board of directors of
 1569  Enterprise Florida, Inc.
 1570         (g) Establish an executive committee consisting of the
 1571  chairperson or a designee, the vice chairperson, and as many
 1572  additional members of the board of directors as the board deems
 1573  appropriate, except that such committee must have a minimum of
 1574  five members. The executive committee shall have such authority
 1575  as the board of directors delegates to it, except that the board
 1576  may not delegate the authority to hire or fire the president or
 1577  the authority to establish or adjust the compensation paid to
 1578  the president.
 1579         (h) Sue and be sued, and appear and defend in all actions
 1580  and proceedings, in its corporate name to the same extent as a
 1581  natural person.
 1582         (i) Adopt, use, and alter a common corporate seal for
 1583  Enterprise Florida, Inc., and its divisions. Notwithstanding any
 1584  provision of chapter 617 to the contrary, this seal is not
 1585  required to contain the words “corporation not for profit.”
 1586         (j) Adopt, amend, and repeal bylaws, not inconsistent with
 1587  the powers granted to it or the articles of incorporation, for
 1588  the administration of the activities Enterprise Florida, Inc.,
 1589  and the exercise of its corporate powers.
 1590         (k) Acquire, enjoy, use, and dispose of patents,
 1591  copyrights, and trademarks and any licenses, royalties, and
 1592  other rights or interests thereunder or therein.
 1593         (l) Use the state seal, notwithstanding the provisions of
 1594  s. 15.03, when appropriate, for standard corporate identity
 1595  applications. Use of the state seal is not intended to replace
 1596  use of a corporate seal as provided in this section.
 1597         (m) Procure insurance or require bond against any loss in
 1598  connection with the property of Enterprise Florida, Inc., and
 1599  its divisions, in such amounts and from such insurers as is
 1600  necessary or desirable.
 1601         (3) The powers granted to Enterprise Florida, Inc., shall
 1602  be liberally construed in order that Enterprise Florida, Inc.,
 1603  may pursue and succeed in its responsibilities under this part.
 1604         (4) Under no circumstances may the credit of the State of
 1605  Florida be pledged on behalf of Enterprise Florida, Inc.
 1606         (5) In addition to any indemnification available under
 1607  chapter 617, Enterprise Florida, Inc., may indemnify, and
 1608  purchase and maintain insurance on behalf of, it directors,
 1609  officers, and employees of Enterprise Florida, Inc., and its
 1610  divisions against any personal liability or accountability by
 1611  reason of actions taken while acting within the scope of their
 1612  authority.
 1613         Section 24. Section 288.903, Florida Statutes, is amended
 1614  to read:
 1615         (Substantial rewording of section. See
 1616         s. 288.903, F.S., for present text.)
 1617         288.903 Duties of Enterprise Florida, Inc.—Enterprise
 1618  Florida, Inc., shall have the following duties:
 1619         (1) Responsibly and prudently manage all public and private
 1620  funds received, and ensure that the use of such funds is in
 1621  accordance with all applicable laws, bylaws, or contractual
 1622  requirements.
 1623         (2) Administer the entities or programs created pursuant to
 1624  part IX of this chapter; ss. 288.9622-288.9624; ss. 288.95155
 1625  and 288.9519; and chapter 95-429, Laws of Florida, line 1680Y.
 1626         (3) Prepare an annual report pursuant to s. 288.906 and an
 1627  annual incentives report pursuant to s. 288.907.
 1628         (4) Assist the department with the development of an annual
 1629  and a long-range strategic business blueprint for economic
 1630  development required in s. 20.60.
 1631         (5) In coordination with Workforce Florida, Inc., identify
 1632  education and training programs that will ensure Florida
 1633  businesses have access to a skilled and competent workforce
 1634  necessary to compete successfully in the domestic and global
 1635  marketplace.
 1636         Section 25. Section 288.904, Florida Statutes, is amended
 1637  to read:
 1638         (Substantial rewording of section. See
 1639         s. 288.904, F.S., for present text.)
 1640         288.904 Funding for Enterprise Florida, Inc.; performance
 1641  and return on the public’s investment.—
 1642         (1)(a) The Legislature may annually appropriate to
 1643  Enterprise Florida, Inc., a sum of money for its operations, and
 1644  separate line-item appropriations for each of the divisions
 1645  listed in s. 288.92.
 1646         (b) The state’s operating investment in Enterprise Florida,
 1647  Inc., and its divisions is the budget contracted by the
 1648  department to Enterprise Florida, Inc., less any funding that is
 1649  directed by the Legislature to be subcontracted to a specific
 1650  recipient entity.
 1651         (c) The board of directors of Enterprise Florida, Inc.,
 1652  shall adopt for each upcoming fiscal year an operating budget
 1653  for the organization, including its divisions, which specifies
 1654  the intended uses of the state’s operating investment and a plan
 1655  for securing private-sector support.
 1656         (2)(a) The Legislature finds that it is a priority to
 1657  maximize private-sector support in operating Enterprise Florida,
 1658  Inc., and its divisions, as an endorsement of its value and as
 1659  an enhancement of its efforts. Thus, the state appropriations
 1660  must be matched with private-sector support equal to at least
 1661  100 percent of the state operational funding.
 1662         (b) Private-sector support in operating Enterprise Florida,
 1663  Inc., and its divisions includes:
 1664         1. Cash given directly to Enterprise Florida, Inc., for its
 1665  operations, including contributions from at-large members of the
 1666  board of directors;
 1667         2. Cash donations from organizations assisted by the
 1668  divisions;
 1669         3. Cash jointly raised by Enterprise Florida, Inc., and a
 1670  private local economic development organization, a group of such
 1671  organizations, or a statewide private business organization that
 1672  supports collaborative projects;
 1673         4. Cash generated by fees charged for products or services
 1674  of Enterprise Florida, Inc., and its divisions by sponsorship of
 1675  events, missions, programs, and publications; and
 1676         5. Copayments, stock, warrants, royalties, or other private
 1677  resources dedicated to Enterprise Florida, Inc., or its
 1678  divisions.
 1679         (3)(a) Specifically for the marketing and advertising
 1680  activities of the Division of Tourism Marketing or as contracted
 1681  through the Florida Tourism Industry Corporation, a one-to-one
 1682  match is required of private to public contributions within 4
 1683  calendar years after the implementation date of the marketing
 1684  plan pursuant to s. 288.923.
 1685         (b) For purposes of calculating the required one-to-one
 1686  match, matching private funds shall be divided into four
 1687  categories. Documentation for the components of the four private
 1688  match categories shall be kept on file for inspection as
 1689  determined necessary. The four private match categories are:
 1690         1. Direct cash contributions, which include, but are not
 1691  limited to, cash derived from strategic alliances, contributions
 1692  of stocks and bonds, and partnership contributions.
 1693         2. Fees for services, which include, but are not limited
 1694  to, event participation, research, and brochure placement and
 1695  transparencies.
 1696         3. Cooperative advertising, which is the value based on
 1697  cost of contributed productions, air time, and print space.
 1698         4. In-kind contributions, which include, but are not
 1699  limited to, the value of strategic alliance services
 1700  contributed, the value of loaned employees, discounted service
 1701  fees, items contributed for use in promotions, and radio or
 1702  television air time or print space for promotions. The value of
 1703  air time or print space shall be calculated by taking the actual
 1704  time or space and multiplying by the nonnegotiated unit price
 1705  for that specific time or space which is known as the media
 1706  equivalency value. In order to avoid duplication in determining
 1707  media equivalency value, only the value of the promotion itself
 1708  shall be included; the value of the items contributed for the
 1709  promotion may not be included.
 1710         (4) Enterprise Florida, Inc., shall fully comply with the
 1711  performance measures, standards, and sanctions in its contract
 1712  with the department, under s. 20.60. The department shall
 1713  ensure, to the maximum extent possible, that the contract
 1714  performance measures are consistent with performance measures
 1715  that it is required to develop and track under performance-based
 1716  program budgeting. The contract shall also include performance
 1717  measures for the divisions.
 1718         (5) The Legislature intends to review the performance of
 1719  Enterprise Florida, Inc., in achieving the performance goals
 1720  stated in its annual contract with the department to determine
 1721  whether the public is receiving a positive return on its
 1722  investment in Enterprise Florida, Inc., and its divisions. It
 1723  also is the intent of the Legislature that Enterprise Florida,
 1724  Inc., coordinate its operations with local economic development
 1725  organizations to maximize the state and local return on
 1726  investment to create jobs for Floridians.
 1727         (6) As part of the annual report required under s. 288.906,
 1728  Enterprise Florida, Inc., shall provide the Legislature with
 1729  information quantifying the return on the public’s investment
 1730  each fiscal year. Enterprise Florida, Inc., in consultation with
 1731  the Office of Economic and Demographic Research, shall hire an
 1732  economic analysis firm to develop the methodology for
 1733  establishing and reporting the return on the public’s investment
 1734  and in-kind contributions as described in this section. The
 1735  Office of Economic and Demographic Research shall review and
 1736  offer feedback on the methodology before it is implemented.
 1737         Section 26. Section 288.905, Florida Statutes, is amended
 1738  to read:
 1739         (Substantial rewording of section. See
 1740         s. 288.905, F.S., for present text.)
 1741         288.905President and employees of Enterprise Florida,
 1742  Inc.—
 1743         (1) The board of directors of Enterprise Florida, Inc.,
 1744  shall appoint a president, who shall serve at the pleasure of
 1745  the Governor. The president shall also be known as the
 1746  “secretary of commerce” and shall serve as the Governor’s chief
 1747  negotiator for business recruitment and business expansion.
 1748         (2)The president is the chief administrative and
 1749  operational officer of the board of directors and of Enterprise
 1750  Florida, Inc., and shall direct and supervise the administrative
 1751  affairs of the board of directors and any divisions, councils,
 1752  or boards. The board of directors may delegate to the president
 1753  those powers and responsibilities it deems appropriate,
 1754  including hiring and management of all staff, except for the
 1755  appointment of a president.
 1756         (3) The board of directors shall establish and adjust the
 1757  president’s compensation.
 1758         (4) No employee of Enterprise Florida, Inc., may receive
 1759  compensation for employment that exceeds the salary paid to the
 1760  Governor, unless the board of directors and the employee have
 1761  executed a contract that prescribes specific, measurable
 1762  performance outcomes for the employee, the satisfaction of which
 1763  provides the basis for the award of incentive payments that
 1764  increase the employee’s total compensation to a level above the
 1765  salary paid to the Governor.
 1766         Section 27. Section 288.906, Florida Statutes, is amended
 1767  to read:
 1768         288.906 Annual report of Enterprise Florida, Inc., and its
 1769  divisions; audits.—
 1770         (1) Before Prior to December 1 of each year, Enterprise
 1771  Florida, Inc., shall submit to the Governor, the President of
 1772  the Senate, the Speaker of the House of Representatives, the
 1773  Senate Minority Leader, and the House Minority Leader a complete
 1774  and detailed report including, but not limited to:
 1775         (a)(1) A description of the operations and accomplishments
 1776  of Enterprise Florida, Inc., and its divisions, boards, and
 1777  advisory councils committees or similar entities groups created
 1778  by Enterprise Florida, Inc., and an identification of any major
 1779  trends, initiatives, or developments affecting the performance
 1780  of any program or activity. The individual annual reports
 1781  prepared by each division shall be included as addenda.
 1782         (b)(2) An evaluation of progress toward towards achieving
 1783  organizational goals and specific performance outcomes, both
 1784  short-term and long-term, established pursuant to this part or
 1785  under the agreement with the department s. 288.905.
 1786         (c)(3) Methods for implementing and funding the operations
 1787  of Enterprise Florida, Inc., and its divisions, including the
 1788  private-sector support required under s. 288.904 boards.
 1789         (d)(4) A description of the operations and accomplishments
 1790  of Enterprise Florida, Inc., and its divisions boards with
 1791  respect to aggressively marketing Florida’s rural communities
 1792  and distressed urban communities as locations for potential new
 1793  investment and job creation, aggressively assisting in the
 1794  creation, retention, and expansion of existing businesses and
 1795  job growth in these communities, and aggressively assisting
 1796  these communities in the identification and development of new
 1797  economic development opportunities.
 1798         (e)(5) A description and evaluation of the operations and
 1799  accomplishments of Enterprise Florida, Inc., and its divisions
 1800  boards with respect to interaction with local and private
 1801  economic development organizations, including the an
 1802  identification of each organization that is a primary partner
 1803  and any specific programs or activities which promoted the
 1804  activities of such organizations and an identification of any
 1805  specific programs or activities that which promoted a
 1806  comprehensive and coordinated approach to economic development
 1807  in this state.
 1808         (f)(6) An assessment of job creation that directly benefits
 1809  participants in the welfare transition program or other programs
 1810  designed to put long-term unemployed persons back to work.
 1811         (g) The results of a customer-satisfaction survey of
 1812  businesses served. The survey shall be conducted by an
 1813  independent entity with expertise in survey research that is
 1814  under contract with Enterprise Florida, Inc., to develop,
 1815  analyze, and report the results.
 1816         (h)(7) An annual compliance and financial audit of accounts
 1817  and records by an independent certified public accountant at the
 1818  end of its most recent fiscal year performed in accordance with
 1819  rules adopted by the Auditor General.
 1820         (2) The detailed report required by this section subsection
 1821  shall also include the information identified in subsection (1)
 1822  subsections (1)-(7), if applicable, for each division any board
 1823  established within the corporate structure of Enterprise
 1824  Florida, Inc.
 1825         Section 28. Section 288.907, Florida Statutes, is created
 1826  to read:
 1827         288.907Annual incentives report.—
 1828         (1) In addition to the annual report required under s.
 1829  288.906, Enterprise Florida, Inc., by December 30 of each year,
 1830  shall provide the Governor, the President of the Senate, and the
 1831  Speaker of the House of Representatives a detailed incentives
 1832  report quantifying the economic benefits for all of the economic
 1833  development incentive programs marketed by Enterprise Florida,
 1834  Inc.
 1835         (a) The annual incentives report must include for each
 1836  incentive program:
 1837         1.A brief description of the incentive program.
 1838         2. The amount of awards granted, by year, since inception.
 1839         3. The economic benefits, as defined in s. 288.005, based
 1840  on the actual amount of private capital invested, actual number
 1841  of jobs created, and actual wages paid for incentive agreements
 1842  completed during the previous 3 years.
 1843         4. The report shall also include the actual amount of
 1844  private capital invested, actual number of jobs created, and
 1845  actual wages paid for incentive agreements completed during the
 1846  previous 3 years for each target industry sector.
 1847         (b) For projects completed during the previous state fiscal
 1848  year, the report must include:
 1849         1. The number of economic development incentive
 1850  applications received.
 1851         2. The number of recommendations made to the department by
 1852  Enterprise Florida, Inc., including the number recommended for
 1853  approval and the number recommended for denial.
 1854         3. The number of final decisions issued by the department
 1855  for approval and for denial.
 1856         4. The projects for which a tax refund, tax credit, or cash
 1857  grant agreement was executed, identifying:
 1858         a. The number of jobs committed to be created.
 1859         b. The amount of capital investments committed to be made.
 1860         c. The annual average wage committed to be paid.
 1861         d. The amount of state economic development incentives
 1862  committed to the project from each incentive program under the
 1863  project’s terms of agreement with the Department of Economic
 1864  Opportunity.
 1865         e. The amount and type of local matching funds committed to
 1866  the project.
 1867         (c) For economic development projects that received tax
 1868  refunds, tax credits, or cash grants under the terms of an
 1869  agreement for incentives, the report must identify:
 1870         1. The number of jobs actually created.
 1871         2. The amount of capital investments actually made.
 1872         3. The annual average wage paid.
 1873         (d) For a project receiving economic development incentives
 1874  approved by the department and receiving federal or local
 1875  incentives, the report must include a description of the federal
 1876  or local incentives, if available.
 1877         (e) The report must state the number of withdrawn or
 1878  terminated projects that did not fulfill the terms of their
 1879  agreements with the department and consequently are not
 1880  receiving incentives.
 1881         (f) The report must include an analysis of the economic
 1882  benefits, as defined in s. 288.005, of tax refunds, tax credits,
 1883  or other payments made to projects locating or expanding in
 1884  state enterprise zones, rural communities, brownfield areas, or
 1885  distressed urban communities.
 1886         (g) The report must identify the target industry businesses
 1887  and high-impact businesses.
 1888         (h) The report must describe the trends relating to
 1889  business interest in, and usage of, the various incentives, and
 1890  the number of minority-owned or woman-owned businesses receiving
 1891  incentives.
 1892         (i) The report must identify incentive programs not
 1893  utilized.
 1894         (2) The Division of Strategic Business Development within
 1895  the department shall assist Enterprise Florida, Inc., in the
 1896  preparation of the annual incentives report.
 1897         Section 29. Section 288.912, Florida Statutes, is created
 1898  to read:
 1899         288.912Inventory of communities seeking to recruit
 1900  businesses.—By September 30 of each year, a county or
 1901  municipality that has a population of at least 25,000 or its
 1902  local economic development organization must submit to
 1903  Enterprise Florida, Inc., a brief overview of the strengths,
 1904  services, and economic development incentives that its community
 1905  offers. The local government or its local economic development
 1906  organization also must identify any industries that it is
 1907  encouraging to locate or relocate to its area. A county or
 1908  municipality having a population of 25,000 or fewer or its local
 1909  economic development organization seeking to recruit businesses
 1910  may submit information as required in this section and may
 1911  participate in any activity or initiative resulting from the
 1912  collection, analysis, and reporting of the information to
 1913  Enterprise Florida, Inc., pursuant to this section.
 1914         Section 30. Section 288.92, Florida Statutes, is created to
 1915  read:
 1916         288.92Divisions of Enterprise Florida, Inc.—
 1917         (1) Enterprise Florida, Inc., may create and dissolve
 1918  divisions as necessary to carry out its mission. Each division
 1919  shall have distinct responsibilities and complementary missions.
 1920  At a minimum, Enterprise Florida, Inc., shall have divisions
 1921  related to the following areas:
 1922         (a) International Trade and Business Development;
 1923         (b) Business Retention and Recruitment;
 1924         (c) Tourism Marketing;
 1925         (d) Minority Business Development; and
 1926         (e) Sports Industry Development.
 1927         (2)(a) The officers and agents of the divisions shall be
 1928  hired and their annual compensation established by the president
 1929  of Enterprise Florida, Inc., as deemed appropriate by the board
 1930  of directors, and may be eligible for performance bonuses
 1931  pursuant to s. 288.905. This paragraph does not apply to any
 1932  employees of the corporation established pursuant to s.
 1933  288.1226.
 1934         (b) The board of directors of Enterprise Florida, Inc., may
 1935  organize the divisions and, to the greatest extent possible,
 1936  minimize costs by requiring that the divisions share
 1937  administrative staff.
 1938         (3) By October 15 each year, each division shall draft and
 1939  submit an annual report which details the division’s activities
 1940  during the prior fiscal year and includes any recommendations
 1941  for improving current statutes related to the division’s related
 1942  area.
 1943         Section 31. Section 288.923, Florida Statutes, is created
 1944  to read:
 1945         288.923Division of Tourism Marketing; definitions;
 1946  responsibilities.—
 1947         (1) There is created within Enterprise Florida, Inc., the
 1948  Division of Tourism Marketing.
 1949         (2) As used in this section, the term:
 1950         (a) “Tourism marketing” means any effort exercised to
 1951  attract domestic and international visitors from outside the
 1952  state to destinations in this state and to stimulate Florida
 1953  resident tourism to areas within the state.
 1954         (b) “Tourist” means any person who participates in trade or
 1955  recreation activities outside the county of his or her permanent
 1956  residence or who rents or leases transient living quarters or
 1957  accommodations as described in s. 125.0104(3)(a).
 1958         (c) “County destination marketing organization” means a
 1959  public or private agency that is funded by local option tourist
 1960  development tax revenues under s. 125.0104, or local option
 1961  convention development tax revenues under s. 212.0305, and is
 1962  officially designated by a county commission to market and
 1963  promote the area for tourism or convention business or, in any
 1964  county that has not levied such taxes, a public or private
 1965  agency that is officially designated by the county commission to
 1966  market and promote the area for tourism or convention business.
 1967         (d) “Direct-support organization” means the Florida Tourism
 1968  Industry Marketing Corporation.
 1969         (3) Enterprise Florida, Inc., shall contract with the
 1970  Florida Tourism Industry Marketing Corporation, a direct-support
 1971  organization established in s. 288.1226, to execute tourism
 1972  promotion and marketing services, functions, and programs for
 1973  the state, including, but not limited to, the activities
 1974  prescribed by the 4-year marketing plan. The division shall
 1975  assist to maintain and implement the contract.
 1976         (4)The division’s responsibilities and duties include, but
 1977  are not limited to:
 1978         (a) Maintaining and implementing the contract with the
 1979  Florida Tourism Industry Marketing Corporation.
 1980         (b) Advising the department and Enterprise Florida, Inc.,
 1981  on development of domestic and international tourism marketing
 1982  campaigns featuring Florida; and
 1983         (c) Developing a 4-year marketing plan.
 1984         1. At a minimum, the marketing plan shall discuss the
 1985  following:
 1986         a. Continuation of overall tourism growth in this state;
 1987         b. Expansion to new or under-represented tourist markets;
 1988         c. Maintenance of traditional and loyal tourist markets;
 1989         d. Coordination of efforts with county destination
 1990  marketing organizations, other local government marketing
 1991  groups, privately owned attractions and destinations, and other
 1992  private-sector partners to create a seamless, four-season
 1993  advertising campaign for the state and its regions;
 1994         e. Development of innovative techniques or promotions to
 1995  build repeat visitation by targeted segments of the tourist
 1996  population;
 1997         f. Consideration of innovative sources of state funding for
 1998  tourism marketing;
 1999         g. Promotion of nature-based tourism and heritage tourism.
 2000         h. Development of a component to address emergency response
 2001  to natural and man-made disasters from a marketing standpoint.
 2002         2. The plan shall be annual in construction and ongoing in
 2003  nature. Any annual revisions of the plan shall carry forward the
 2004  concepts of the remaining 3-year portion of the plan and
 2005  consider a continuum portion to preserve the 4-year time-frame
 2006  of the plan. The plan also shall include recommendations for
 2007  specific performance standards and measurable outcomes for the
 2008  division and direct-support organization. The department, in
 2009  consultation with the board of directors of Enterprise Florida,
 2010  Inc., shall base the actual performance metrics on these
 2011  recommendations.
 2012         3. The 4-year marketing plan shall be developed in
 2013  collaboration with the Florida Tourism Industry Marketing
 2014  Corporation. The plan shall be annually reviewed and approved by
 2015  the board of directors of Enterprise Florida, Inc.
 2016         (d) Drafting and submitting an annual report required by s.
 2017  288.92. The annual report shall set forth for the division and
 2018  the direct-support organization:
 2019         1. Operations and accomplishments during the fiscal year,
 2020  including the economic benefit of the state’s investment and
 2021  effectiveness of the marketing plan.
 2022         2. The 4-year marketing plan, including recommendations on
 2023  methods for implementing and funding the plan.
 2024         3. The assets and liabilities of the direct-support
 2025  organization at the end of its most recent fiscal year.
 2026         4. A copy of the annual financial and compliance audit
 2027  conducted under s. 288.1226(6).
 2028         (5) Notwithstanding s. 288.92, the division shall be
 2029  staffed by the Florida Tourism Industry Marketing Corporation.
 2030  Such staff shall not be considered to be employees of the
 2031  division and shall remain employees of the Florida Tourism
 2032  Industry Marketing Corporation. Section 288.905 does not apply
 2033  to the Florida Tourism Industry Marketing Corporation.
 2034         Section 32. Section 288.1226, Florida Statutes, is amended
 2035  to read:
 2036         288.1226 Florida Tourism Industry Marketing Corporation;
 2037  use of property; board of directors; duties; audit.—
 2038         (1) DEFINITIONS.—For the purposes of this section, the term
 2039  “corporation” means the Florida Tourism Industry Marketing
 2040  Corporation.
 2041         (2) ESTABLISHMENT.—The Florida Commission on Tourism shall
 2042  establish, no later than July 31, 1996, The Florida Tourism
 2043  Industry Marketing Corporation is as a direct-support
 2044  organization of Enterprise Florida, Inc.:
 2045         (a) The Florida Tourism Industry Marketing Corporation
 2046  Which is a corporation not for profit, as defined in s.
 2047  501(c)(6) of the Internal Revenue Code of 1986, as amended, that
 2048  is incorporated under the provisions of chapter 617 and approved
 2049  by the Department of State.
 2050         (b) The corporation Which is organized and operated
 2051  exclusively to request, receive, hold, invest, and administer
 2052  property and to manage and make expenditures for the operation
 2053  of the activities, services, functions, and programs of this
 2054  state which relate to the statewide, national, and international
 2055  promotion and marketing of tourism.
 2056         (c) Which the Florida Commission on Tourism and the Office
 2057  of Tourism, Trade, and Economic Development, after review, have
 2058  certified whether it is operating in a manner consistent with
 2059  the policies and goals of the commission and its long-range
 2060  marketing plan.
 2061         (d) The corporation is Which shall not be considered an
 2062  agency for the purposes of chapters 120, 216, and 287; ss.
 2063  255.21, 255.25, and 255.254, relating to leasing of buildings;
 2064  ss. 283.33 and 283.35, relating to bids for printing; s. 215.31;
 2065  and parts I, II, and IV-VIII of chapter 112.
 2066         (e) The corporation is Which shall be subject to the
 2067  provisions of chapter 119, relating to public meetings, and
 2068  those provisions of chapter 286 relating to public meetings and
 2069  records.
 2070         (3) USE OF PROPERTY.—Enterprise Florida, Inc. The
 2071  commission:
 2072         (a) Is authorized to permit the use of property and
 2073  facilities of Enterprise Florida, Inc., the commission by the
 2074  corporation, subject to the provisions of this section.
 2075         (b) Shall prescribe conditions with which the corporation
 2076  must comply in order to use property and facilities of
 2077  Enterprise Florida, Inc the commission. Such conditions shall
 2078  provide for budget and audit review and for oversight by
 2079  Enterprise Florida, Inc the commission.
 2080         (c) May Shall not permit the use of property and facilities
 2081  of Enterprise Florida, Inc., the commission if the corporation
 2082  does not provide equal employment opportunities to all persons,
 2083  regardless of race, color, national origin, sex, age, or
 2084  religion.
 2085         (4) BOARD OF DIRECTORS.—The board of directors of the
 2086  corporation shall be composed of 31 tourism-industry-related
 2087  members, appointed by Enterprise Florida, Inc., in conjunction
 2088  with the department the Florida Commission on Tourism from its
 2089  own membership. the vice chair of the commission shall serve as
 2090  chair of the corporation’s board of directors.
 2091         (a) The board shall consist of 16 members, appointed in
 2092  such a manner as to equitably represent all geographic areas of
 2093  the state, with no fewer than two members from any of the
 2094  following regions:
 2095         1. Region 1, composed of Bay, Calhoun, Escambia, Franklin,
 2096  Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty,
 2097  Okaloosa, Santa Rosa, Wakulla, Walton, and Washington Counties.
 2098         2. Region 2, composed of Alachua, Baker, Bradford, Clay,
 2099  Columbia, Dixie, Duval, Flagler, Gilchrist, Hamilton, Lafayette,
 2100  Levy, Madison, Marion, Nassau, Putnam, St. Johns, Suwannee,
 2101  Taylor, and Union Counties.
 2102         3. Region 3, composed of Brevard, Indian River, Lake,
 2103  Okeechobee, Orange, Osceola, St. Lucie, Seminole, Sumter, and
 2104  Volusia Counties.
 2105         4. Region 4, composed of Citrus, Hernando, Hillsborough,
 2106  Manatee, Pasco, Pinellas, Polk, and Sarasota Counties.
 2107         5. Region 5, composed of Charlotte, Collier, DeSoto,
 2108  Glades, Hardee, Hendry, Highlands, and Lee Counties.
 2109         6. Region 6, composed of Broward, Martin, Miami-Dade,
 2110  Monroe, and Palm Beach Counties.
 2111         (b) The 15 additional tourism-industry-related members,
 2112  shall include 1 representatives from the statewide rental car
 2113  industry, 7 representatives from tourist-related statewide
 2114  associations, including those that represent hotels,
 2115  campgrounds, county destination marketing organizations,
 2116  museums, restaurants, retail, and attractions, 3 representatives
 2117  from county destination marketing organizations, 1
 2118  representative from the cruise industry, 1 representative from
 2119  an automobile and travel services membership organization that
 2120  has at least 2.8 million members in Florida, 1 representative
 2121  from the airline industry, and 1 representative from the space
 2122  tourism industry, who will each serve for a term of 2 years.
 2123         (5) POWERS AND DUTIES.—The corporation, in the performance
 2124  of its duties:
 2125         (a) May make and enter into contracts and assume such other
 2126  functions as are necessary to carry out the provisions of the
 2127  Florida Commission on Tourism’s 4-year marketing plan required
 2128  by s. 288.923, and the corporation’s contract with Enterprise
 2129  Florida, Inc., the commission which are not inconsistent with
 2130  this or any other provision of law.
 2131         (b) May develop a program to provide incentives and to
 2132  attract and recognize those entities which make significant
 2133  financial and promotional contributions towards the expanded
 2134  tourism promotion activities of the corporation.
 2135         (c) May commission and adopt, in cooperation with the
 2136  commission, an official tourism logo to be used in all
 2137  promotional materials directly produced by the corporation. The
 2138  corporation May establish a cooperative marketing program with
 2139  other public and private entities which allows the use of the
 2140  VISIT Florida this logo in tourism promotion campaigns which
 2141  meet the standards of Enterprise Florida, Inc., the commission
 2142  and the Office of Tourism, Trade, and Economic Development for
 2143  which the corporation may charge a reasonable fee.
 2144         (d) May sue and be sued and appear and defend in all
 2145  actions and proceedings in its corporate name to the same extent
 2146  as a natural person.
 2147         (e) May adopt, use, and alter a common corporate seal.
 2148  However, such seal must always contain the words “corporation
 2149  not for profit.”
 2150         (f) Shall elect or appoint such officers and agents as its
 2151  affairs shall require and allow them reasonable compensation.
 2152         (g) Shall hire and establish salaries and personnel and
 2153  employee benefit programs for such permanent and temporary
 2154  employees as are necessary to carry out the provisions of the
 2155  Florida Commission on Tourism’s 4-year marketing plan and the
 2156  corporation’s contract with Enterprise Florida, Inc., the
 2157  commission which are not inconsistent with this or any other
 2158  provision of law.
 2159         (h) Shall provide staff support to the Division of Tourism
 2160  Promotion of Enterprise Florida, Inc the Florida Commission on
 2161  Tourism. The president and chief executive officer of the
 2162  Florida Tourism Industry Marketing Corporation shall serve
 2163  without compensation as the executive director of the division
 2164  commission.
 2165         (i) May adopt, change, amend, and repeal bylaws, not
 2166  inconsistent with law or its articles of incorporation, for the
 2167  administration of the provisions of the Florida Commission on
 2168  Tourism’s 4-year marketing plan and the corporation’s contract
 2169  with Enterprise Florida, Inc the commission.
 2170         (j) May conduct its affairs, carry on its operations, and
 2171  have offices and exercise the powers granted by this act in any
 2172  state, territory, district, or possession of the United States
 2173  or any foreign country. Where feasible, appropriate, and
 2174  recommended by the 4-year marketing plan developed by the
 2175  Division of Tourism Promotion of Enterprise Florida, Inc.
 2176  Florida Commission on Tourism, the corporation may collocate the
 2177  programs of foreign tourism offices in cooperation with any
 2178  foreign office operated by any agency of this state.
 2179         (k) May appear on its own behalf before boards,
 2180  commissions, departments, or other agencies of municipal,
 2181  county, state, or federal government.
 2182         (l) May request or accept any grant, payment, or gift, of
 2183  funds or property made by this state or by the United States or
 2184  any department or agency thereof or by any individual, firm,
 2185  corporation, municipality, county, or organization for any or
 2186  all of the purposes of the Florida Commission on Tourism’s 4
 2187  year marketing plan and the corporation’s contract with
 2188  Enterprise Florida, Inc., the commission that are not
 2189  inconsistent with this or any other provision of law. Such funds
 2190  shall be deposited in a bank account established by the
 2191  corporation’s board of directors. The corporation may expend
 2192  such funds in accordance with the terms and conditions of any
 2193  such grant, payment, or gift, in the pursuit of its
 2194  administration or in support of the programs it administers. The
 2195  corporation shall separately account for the public funds and
 2196  the private funds deposited into the corporation’s bank account.
 2197         (m) Shall establish a plan for participation in the
 2198  corporation which will provide additional funding for the
 2199  administration and duties of the corporation.
 2200         (n) In the performance of its duties, may undertake, or
 2201  contract for, marketing projects and advertising research
 2202  projects.
 2203         (o) In addition to any indemnification available under
 2204  chapter 617, the corporation may indemnify, and purchase and
 2205  maintain insurance on behalf of, directors, officers, and
 2206  employees of the corporation against any personal liability or
 2207  accountability by reason of actions taken while acting within
 2208  the scope of their authority.
 2209         (6) ANNUAL AUDIT.—The corporation shall provide for an
 2210  annual financial audit in accordance with s. 215.981. The annual
 2211  audit report shall be submitted to the Auditor General; the
 2212  Office of Policy Analysis and Government Accountability;
 2213  Enterprise Florida, Inc.; and the department the Office of
 2214  Tourism, Trade, and Economic Development for review. The Office
 2215  of Program Policy Analysis and Government Accountability;
 2216  Enterprise Florida, Inc.; the department the Office of Tourism,
 2217  Trade, and Economic Development; and the Auditor General have
 2218  the authority to require and receive from the corporation or
 2219  from its independent auditor any detail or supplemental data
 2220  relative to the operation of the corporation. The department
 2221  Office of Tourism, Trade, and Economic Development shall
 2222  annually certify whether the corporation is operating in a
 2223  manner and achieving the objectives that are consistent with the
 2224  policies and goals of Enterprise Florida, Inc., the commission
 2225  and its long-range marketing plan. The identity of a donor or
 2226  prospective donor to the corporation who desires to remain
 2227  anonymous and all information identifying such donor or
 2228  prospective donor are confidential and exempt from the
 2229  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
 2230  Constitution. Such anonymity shall be maintained in the
 2231  auditor’s report.
 2232         (7) The corporation shall provide a quarterly report to
 2233  Enterprise Florida, Inc., the commission which shall:
 2234         (a) Measure the current vitality of the visitor industry of
 2235  this state as compared to the vitality of such industry for the
 2236  year to date and for comparable quarters of past years.
 2237  Indicators of vitality shall be determined by Enterprise
 2238  Florida, Inc., the commission and shall include, but not be
 2239  limited to, estimated visitor count and party size, length of
 2240  stay, average expenditure per party, and visitor origin and
 2241  destination.
 2242         (b) Provide detailed, unaudited financial statements of
 2243  sources and uses of public and private funds.
 2244         (c) Measure progress towards annual goals and objectives
 2245  set forth in the commission’s 4-year marketing plan.
 2246         (d) Review all pertinent research findings.
 2247         (e) Provide other measures of accountability as requested
 2248  by Enterprise Florida, Inc the commission.
 2249         (8) The identity of any person who responds to a marketing
 2250  project or advertising research project conducted by the
 2251  corporation in the performance of its duties on behalf of
 2252  Enterprise Florida, Inc. the commission, or trade secrets as
 2253  defined by s. 812.081 obtained pursuant to such activities, are
 2254  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 2255  Constitution.
 2256         Section 33. Subsection (4) of section 409.942, Florida
 2257  Statutes, is amended to read:
 2258         409.942 Electronic benefit transfer program.—
 2259         (4) Workforce Florida, Inc., through the Agency for
 2260  Workforce Innovation, shall establish an electronic benefit
 2261  transfer program for the use and management of education,
 2262  training, child care, transportation, and other program benefits
 2263  under its direction. The workforce electronic benefit transfer
 2264  program shall fulfill all federal and state requirements for
 2265  Individual Training Accounts, Retention Incentive Training
 2266  Accounts, Individual Development Accounts, and Individual
 2267  Services Accounts. The workforce electronic benefit transfer
 2268  program shall be designed to enable an individual who receives
 2269  an electronic benefit transfer card under subsection (1) to use
 2270  that card for purposes of benefits provided under the workforce
 2271  development system as well. The Department of Children and
 2272  Family Services shall assist Workforce Florida, Inc., in
 2273  developing an electronic benefit transfer program for the
 2274  workforce development system that is fully compatible with the
 2275  department’s electronic benefit transfer program. The agency
 2276  shall reimburse the department for all costs incurred in
 2277  providing such assistance and shall pay all costs for the
 2278  development of the workforce electronic benefit transfer
 2279  program.
 2280         Section 34. Subsections (4), (5), and (6) of section
 2281  411.0102, Florida Statutes, are amended to read:
 2282         411.0102 Child Care Executive Partnership Act; findings and
 2283  intent; grant; limitation; rules.—
 2284         (4) The Child Care Executive Partnership, staffed by the
 2285  Office of Early Learning Agency for Workforce Innovation, shall
 2286  consist of a representative of the Executive Office of the
 2287  Governor and nine members of the corporate or child care
 2288  community, appointed by the Governor.
 2289         (a) Members shall serve for a period of 4 years, except
 2290  that the representative of the Executive Office of the Governor
 2291  shall serve at the pleasure of the Governor.
 2292         (b) The Child Care Executive Partnership shall be chaired
 2293  by a member chosen by a majority vote and shall meet at least
 2294  quarterly and at other times upon the call of the chair. The
 2295  Child Care Executive Partnership may use any method of
 2296  telecommunications to conduct meetings, including establishing a
 2297  quorum through telecommunications, only if the public is given
 2298  proper notice of a telecommunications meeting and reasonable
 2299  access to observe and, when appropriate, participate.
 2300         (c) Members shall serve without compensation, but may be
 2301  reimbursed for per diem and travel expenses in accordance with
 2302  s. 112.061.
 2303         (d) The Child Care Executive Partnership shall have all the
 2304  powers and authority, not explicitly prohibited by statute,
 2305  necessary to carry out and effectuate the purposes of this
 2306  section, as well as the functions, duties, and responsibilities
 2307  of the partnership, including, but not limited to, the
 2308  following:
 2309         1. Assisting in the formulation and coordination of the
 2310  state’s child care policy.
 2311         2. Adopting an official seal.
 2312         3. Soliciting, accepting, receiving, investing, and
 2313  expending funds from public or private sources.
 2314         4. Contracting with public or private entities as
 2315  necessary.
 2316         5. Approving an annual budget.
 2317         6. Carrying forward any unexpended state appropriations
 2318  into succeeding fiscal years.
 2319         7. Providing a report to the Governor, the Speaker of the
 2320  House of Representatives, and the President of the Senate, on or
 2321  before December 1 of each year.
 2322         (5)(a) The Legislature shall annually determine the amount
 2323  of state or federal low-income child care moneys which shall be
 2324  used to create Child Care Executive Partnership Program child
 2325  care purchasing pools in counties chosen by the Child Care
 2326  Executive Partnership, provided that at least two of the
 2327  counties have populations of no more than 300,000. The
 2328  Legislature shall annually review the effectiveness of the child
 2329  care purchasing pool program and reevaluate the percentage of
 2330  additional state or federal funds, if any, which that can be
 2331  used for the program’s expansion.
 2332         (b) To ensure a seamless service delivery and ease of
 2333  access for families, an early learning coalition or the Office
 2334  of Early Learning Agency for Workforce Innovation shall
 2335  administer the child care purchasing pool funds.
 2336         (c) The Office of Early Learning Agency for Workforce
 2337  Innovation, in conjunction with the Child Care Executive
 2338  Partnership, shall develop procedures for disbursement of funds
 2339  through the child care purchasing pools. In order to be
 2340  considered for funding, an early learning coalition or the
 2341  Office of Early Learning Agency for Workforce Innovation must
 2342  commit to:
 2343         1. Matching the state purchasing pool funds on a dollar
 2344  for-dollar basis; and
 2345         2. Expending only those public funds that which are matched
 2346  by employers, local government, and other matching contributors
 2347  who contribute to the purchasing pool. Parents shall also pay a
 2348  fee, which may not be less than the amount identified in the
 2349  early learning coalition’s school readiness program sliding fee
 2350  scale.
 2351         (d) Each early learning coalition shall establish a
 2352  community child care task force for each child care purchasing
 2353  pool. The task force must be composed of employers, parents,
 2354  private child care providers, and one representative from the
 2355  local children’s services council, if one exists in the area of
 2356  the purchasing pool. The early learning coalition is expected to
 2357  recruit the task force members from existing child care
 2358  councils, commissions, or task forces already operating in the
 2359  area of a purchasing pool. A majority of the task force shall
 2360  consist of employers.
 2361         (e) Each participating early learning coalition board shall
 2362  develop a plan for the use of child care purchasing pool funds.
 2363  The plan must show how many children will be served by the
 2364  purchasing pool, how many will be new to receiving child care
 2365  services, and how the early learning coalition intends to
 2366  attract new employers and their employees to the program.
 2367         (6) The Office of Early Learning Agency for Workforce
 2368  Innovation shall adopt any rules necessary for the
 2369  implementation and administration of this section.
 2370         Section 35. Paragraph (b) of subsection (5) of section
 2371  11.40, Florida Statutes, is amended to read:
 2372         11.40 Legislative Auditing Committee.—
 2373         (5) Following notification by the Auditor General, the
 2374  Department of Financial Services, or the Division of Bond
 2375  Finance of the State Board of Administration of the failure of a
 2376  local governmental entity, district school board, charter
 2377  school, or charter technical career center to comply with the
 2378  applicable provisions within s. 11.45(5)-(7), s. 218.32(1), or
 2379  s. 218.38, the Legislative Auditing Committee may schedule a
 2380  hearing. If a hearing is scheduled, the committee shall
 2381  determine if the entity should be subject to further state
 2382  action. If the committee determines that the entity should be
 2383  subject to further state action, the committee shall:
 2384         (b) In the case of a special district, notify the
 2385  Department of Economic Opportunity Community Affairs that the
 2386  special district has failed to comply with the law. Upon receipt
 2387  of notification, the Department of Economic Opportunity
 2388  Community Affairs shall proceed pursuant to the provisions
 2389  specified in s. 189.421.
 2390         Section 36. Paragraph (c) of subsection (7) of section
 2391  11.45, Florida Statutes, is amended to read:
 2392         11.45 Definitions; duties; authorities; reports; rules.—
 2393         (7) AUDITOR GENERAL REPORTING REQUIREMENTS.—
 2394         (c) The Auditor General shall provide annually a list of
 2395  those special districts which are not in compliance with s.
 2396  218.39 to the Special District Information Program of the
 2397  Department of Economic Opportunity Community Affairs.
 2398         Section 37. Paragraph (b) of subsection (2) of section
 2399  14.20195, Florida Statutes, is amended to read:
 2400         14.20195 Suicide Prevention Coordinating Council; creation;
 2401  membership; duties.—There is created within the Statewide Office
 2402  for Suicide Prevention a Suicide Prevention Coordinating
 2403  Council. The council shall develop strategies for preventing
 2404  suicide.
 2405         (2) MEMBERSHIP.—The Suicide Prevention Coordinating Council
 2406  shall consist of 28 voting members.
 2407         (b) The following state officials or their designees shall
 2408  serve on the coordinating council:
 2409         1. The Secretary of Elderly Affairs.
 2410         2. The State Surgeon General.
 2411         3. The Commissioner of Education.
 2412         4. The Secretary of Health Care Administration.
 2413         5. The Secretary of Juvenile Justice.
 2414         6. The Secretary of Corrections.
 2415         7. The executive director of the Department of Law
 2416  Enforcement.
 2417         8. The executive director of the Department of Veterans’
 2418  Affairs.
 2419         9. The Secretary of Children and Family Services.
 2420         10. The executive director of the Department of Economic
 2421  Opportunity Agency for Workforce Innovation.
 2422         Section 38. Section 15.182, Florida Statutes, is amended to
 2423  read:
 2424         15.182 International travel by state-funded musical,
 2425  cultural, or artistic organizations; notification to the
 2426  Department of Economic Opportunity Office of Tourism, Trade, and
 2427  Economic Development.—
 2428         (1) If a musical, cultural, or artistic organization that
 2429  receives state funding is traveling internationally for a
 2430  presentation, performance, or other significant public viewing,
 2431  including an organization associated with a college or
 2432  university, such organization shall notify the Department of
 2433  Economic Opportunity Office of Tourism, Trade, and Economic
 2434  Development of its intentions to travel, together with the date,
 2435  time, and location of each appearance.
 2436         (2) The Department of Economic Opportunity Office of
 2437  Tourism, Trade, and Economic Development, in conjunction with
 2438  Enterprise Florida, Inc., shall act as an intermediary between
 2439  performing musical, cultural, and artistic organizations and
 2440  Florida businesses to encourage and coordinate joint
 2441  undertakings. Such coordination may include, but is not limited
 2442  to, encouraging business and industry to sponsor cultural
 2443  events, assistance with travel of such organizations, and
 2444  coordinating travel schedules of cultural performance groups and
 2445  international trade missions.
 2446         (3) An organization shall provide the notification to the
 2447  Department of State required by this section at least 30 days
 2448  before prior to the date the international travel is to commence
 2449  or, when an intention to travel internationally is not formed at
 2450  least 30 days in advance of the date the travel is to commence,
 2451  as soon as feasible after forming such travel intention. The
 2452  Department of State shall take an active role in informing such
 2453  groups of the responsibility to notify the department of travel
 2454  intentions.
 2455         Section 39. Paragraph (j) of subsection (1) of section
 2456  16.615, Florida Statutes, is amended to read:
 2457         16.615 Council on the Social Status of Black Men and Boys.—
 2458         (1) The Council on the Social Status of Black Men and Boys
 2459  is established within the Department of Legal Affairs and shall
 2460  consist of 19 members appointed as follows:
 2461         (j) The executive director of the Department of Economic
 2462  Opportunity Agency for Workforce Innovation or his or her
 2463  designee.
 2464         Section 40. Paragraph (c) of subsection (3) of section
 2465  17.61, Florida Statutes, is amended to read:
 2466         17.61 Chief Financial Officer; powers and duties in the
 2467  investment of certain funds.—
 2468         (3)
 2469         (c) Except as provided in this paragraph and except for
 2470  moneys described in paragraph (d), the following agencies may
 2471  not invest trust fund moneys as provided in this section, but
 2472  shall retain such moneys in their respective trust funds for
 2473  investment, with interest appropriated to the General Revenue
 2474  Fund, pursuant to s. 17.57:
 2475         1. The Agency for Health Care Administration, except for
 2476  the Tobacco Settlement Trust Fund.
 2477         2. The Agency for Persons with Disabilities, except for:
 2478         a. The Federal Grants Trust Fund.
 2479         b. The Tobacco Settlement Trust Fund.
 2480         3. The Department of Children and Family Services, except
 2481  for:
 2482         a. The Alcohol, Drug Abuse, and Mental Health Trust Fund.
 2483         b. The Social Services Block Grant Trust Fund.
 2484         c. The Tobacco Settlement Trust Fund.
 2485         d. The Working Capital Trust Fund.
 2486         4.The Department of Community Affairs, only for the
 2487  Operating Trust Fund.
 2488         4.5. The Department of Corrections.
 2489         5.6. The Department of Elderly Affairs, except for:
 2490         a. The Federal Grants Trust Fund.
 2491         b. The Tobacco Settlement Trust Fund.
 2492         6.7. The Department of Health, except for:
 2493         a. The Federal Grants Trust Fund.
 2494         b. The Grants and Donations Trust Fund.
 2495         c. The Maternal and Child Health Block Grant Trust Fund.
 2496         d. The Tobacco Settlement Trust Fund.
 2497         7.8. The Department of Highway Safety and Motor Vehicles,
 2498  only for the Security Deposits Trust Fund.
 2499         8.9. The Department of Juvenile Justice.
 2500         9.10. The Department of Law Enforcement.
 2501         10.11. The Department of Legal Affairs.
 2502         11.12. The Department of State, only for:
 2503         a. The Grants and Donations Trust Fund.
 2504         b. The Records Management Trust Fund.
 2505         12.13. The Department of Economic Opportunity Executive
 2506  Office of the Governor, only for:
 2507         a. The Economic Development Transportation Trust Fund.
 2508         b. The Economic Development Trust Fund.
 2509         13.14. The Florida Public Service Commission, only for the
 2510  Florida Public Service Regulatory Trust Fund.
 2511         14.15. The Justice Administrative Commission.
 2512         15.16. The state courts system.
 2513         Section 41. Subsection (1) of section 20.181, Florida
 2514  Statutes, is amended to read:
 2515         20.181 Federal Grants Trust Fund.—
 2516         (1) The Federal Grants Trust Fund is created within the
 2517  Department of Economic Opportunity Community Affairs.
 2518         Section 42. Paragraph (a) of subsection (8) and paragraph
 2519  (a) of subsection (9) of section 39.001, Florida Statutes, are
 2520  amended to read:
 2521         39.001 Purposes and intent; personnel standards and
 2522  screening.—
 2523         (8) PLAN FOR COMPREHENSIVE APPROACH.—
 2524         (a) The office shall develop a state plan for the promotion
 2525  of adoption, support of adoptive families, and prevention of
 2526  abuse, abandonment, and neglect of children and shall submit the
 2527  state plan to the Speaker of the House of Representatives, the
 2528  President of the Senate, and the Governor no later than December
 2529  31, 2008. The Department of Children and Family Services, the
 2530  Department of Corrections, the Department of Education, the
 2531  Department of Health, the Department of Juvenile Justice, the
 2532  Department of Law Enforcement, and the Agency for Persons with
 2533  Disabilities, and the Agency for Workforce Innovation shall
 2534  participate and fully cooperate in the development of the state
 2535  plan at both the state and local levels. Furthermore,
 2536  appropriate local agencies and organizations shall be provided
 2537  an opportunity to participate in the development of the state
 2538  plan at the local level. Appropriate local groups and
 2539  organizations shall include, but not be limited to, community
 2540  mental health centers; guardian ad litem programs for children
 2541  under the circuit court; the school boards of the local school
 2542  districts; the Florida local advocacy councils; community-based
 2543  care lead agencies; private or public organizations or programs
 2544  with recognized expertise in working with child abuse prevention
 2545  programs for children and families; private or public
 2546  organizations or programs with recognized expertise in working
 2547  with children who are sexually abused, physically abused,
 2548  emotionally abused, abandoned, or neglected and with expertise
 2549  in working with the families of such children; private or public
 2550  programs or organizations with expertise in maternal and infant
 2551  health care; multidisciplinary child protection teams; child day
 2552  care centers; law enforcement agencies; and the circuit courts,
 2553  when guardian ad litem programs are not available in the local
 2554  area. The state plan to be provided to the Legislature and the
 2555  Governor shall include, as a minimum, the information required
 2556  of the various groups in paragraph (b).
 2557         (9) FUNDING AND SUBSEQUENT PLANS.—
 2558         (a) All budget requests submitted by the office, the
 2559  department, the Department of Health, the Department of
 2560  Education, the Department of Juvenile Justice, the Department of
 2561  Corrections, the Agency for Persons with Disabilities, the
 2562  Agency for Workforce Innovation, or any other agency to the
 2563  Legislature for funding of efforts for the promotion of
 2564  adoption, support of adoptive families, and prevention of child
 2565  abuse, abandonment, and neglect shall be based on the state plan
 2566  developed pursuant to this section.
 2567         Section 43. Paragraph (a) of subsection (7) of section
 2568  45.031, Florida Statutes, is amended to read:
 2569         45.031 Judicial sales procedure.—In any sale of real or
 2570  personal property under an order or judgment, the procedures
 2571  provided in this section and ss. 45.0315-45.035 may be followed
 2572  as an alternative to any other sale procedure if so ordered by
 2573  the court.
 2574         (7) DISBURSEMENTS OF PROCEEDS.—
 2575         (a) On filing a certificate of title, the clerk shall
 2576  disburse the proceeds of the sale in accordance with the order
 2577  or final judgment and shall file a report of such disbursements
 2578  and serve a copy of it on each party, and on the Department of
 2579  Revenue if the department was named as a defendant in the action
 2580  or if the Department of Economic Opportunity or the former
 2581  Agency for Workforce Innovation or the former Department of
 2582  Labor and Employment Security was named as a defendant while the
 2583  Department of Revenue was providing unemployment tax collection
 2584  services under contract with the Department of Economic
 2585  Opportunity or the former Agency for Workforce Innovation
 2586  through an interagency agreement pursuant to s. 443.1316.
 2587         Section 44. Paragraph (a) of subsection (4) of section
 2588  69.041, Florida Statutes, is amended to read:
 2589         69.041 State named party; lien foreclosure, suit to quiet
 2590  title.—
 2591         (4)(a) The Department of Revenue has the right to
 2592  participate in the disbursement of funds remaining in the
 2593  registry of the court after distribution pursuant to s.
 2594  45.031(7). The department shall participate in accordance with
 2595  applicable procedures in any mortgage foreclosure action in
 2596  which the department has a duly filed tax warrant, or interests
 2597  under a lien arising from a judgment, order, or decree for
 2598  support, as defined in s. 409.2554, or interest in an
 2599  unemployment compensation tax lien under contract with the
 2600  Department of Economic Opportunity Agency for Workforce
 2601  Innovation through an interagency agreement pursuant to s.
 2602  443.1316, against the subject property and with the same
 2603  priority, regardless of whether a default against the
 2604  department, the Department of Economic Opportunity, or the
 2605  former Agency for Workforce Innovation, or the former Department
 2606  of Labor and Employment Security has been entered for failure to
 2607  file an answer or other responsive pleading.
 2608         Section 45. Paragraph (b) of subsection (4) of section
 2609  112.63, Florida Statutes, is amended to read:
 2610         112.63 Actuarial reports and statements of actuarial
 2611  impact; review.—
 2612         (4) Upon receipt, pursuant to subsection (2), of an
 2613  actuarial report, or upon receipt, pursuant to subsection (3),
 2614  of a statement of actuarial impact, the Department of Management
 2615  Services shall acknowledge such receipt, but shall only review
 2616  and comment on each retirement system’s or plan’s actuarial
 2617  valuations at least on a triennial basis. If the department
 2618  finds that the actuarial valuation is not complete, accurate, or
 2619  based on reasonable assumptions or otherwise materially fails to
 2620  satisfy the requirements of this part, if the department
 2621  requires additional material information necessary to complete
 2622  its review of the actuarial valuation of a system or plan or
 2623  material information necessary to satisfy the duties of the
 2624  department pursuant to s. 112.665(1), or if the department does
 2625  not receive the actuarial report or statement of actuarial
 2626  impact, the department shall notify the administrator of the
 2627  affected retirement system or plan and the affected governmental
 2628  entity and request appropriate adjustment, the additional
 2629  material information, or the required report or statement. The
 2630  notification must inform the administrator of the affected
 2631  retirement system or plan and the affected governmental entity
 2632  of the consequences for failure to comply with the requirements
 2633  of this subsection. If, after a reasonable period of time, a
 2634  satisfactory adjustment is not made or the report, statement, or
 2635  additional material information is not provided, the department
 2636  may notify the Department of Revenue and the Department of
 2637  Financial Services of such noncompliance, in which case the
 2638  Department of Revenue and the Department of Financial Services
 2639  shall withhold any funds not pledged for satisfaction of bond
 2640  debt service which are payable to the affected governmental
 2641  entity until the adjustment is made or the report, statement, or
 2642  additional material information is provided to the department.
 2643  The department shall specify the date such action is to begin,
 2644  and notification by the department must be received by the
 2645  Department of Revenue, the Department of Financial Services, and
 2646  the affected governmental entity 30 days before the date the
 2647  action begins.
 2648         (b) In the case of an affected special district, the
 2649  Department of Management Services shall also notify the
 2650  Department of Economic Opportunity Community Affairs. Upon
 2651  receipt of notification, the Department of Economic Opportunity
 2652  Community Affairs shall proceed pursuant to the provisions of s.
 2653  189.421 with regard to the special district.
 2654         Section 46. Paragraph (e) of subsection (1) of section
 2655  112.665, Florida Statutes, is amended to read:
 2656         112.665 Duties of Department of Management Services.—
 2657         (1) The Department of Management Services shall:
 2658         (e) Issue, by January 1 annually, a report to the Special
 2659  District Information Program of the Department of Economic
 2660  Opportunity Community Affairs that includes the participation in
 2661  and compliance of special districts with the local government
 2662  retirement system provisions in s. 112.63 and the state
 2663  administered retirement system provisions as specified in part I
 2664  of chapter 121; and
 2665         Section 47. Subsection (3) of section 112.3135, Florida
 2666  Statutes, is amended to read:
 2667         112.3135 Restriction on employment of relatives.—
 2668         (3) An agency may prescribe regulations authorizing the
 2669  temporary employment, in the event of an emergency as defined in
 2670  s. 252.34(3), of individuals whose employment would be otherwise
 2671  prohibited by this section.
 2672         Section 48. Paragraph (d) of subsection (2) and paragraph
 2673  (f) of subsection (5) of section 119.071, Florida Statutes, are
 2674  amended to read:
 2675         119.071 General exemptions from inspection or copying of
 2676  public records.—
 2677         (2) AGENCY INVESTIGATIONS.—
 2678         (d) Any information revealing surveillance techniques or
 2679  procedures or personnel is exempt from s. 119.07(1) and s.
 2680  24(a), Art. I of the State Constitution. Any comprehensive
 2681  inventory of state and local law enforcement resources compiled
 2682  pursuant to part I, chapter 23, and any comprehensive policies
 2683  or plans compiled by a criminal justice agency pertaining to the
 2684  mobilization, deployment, or tactical operations involved in
 2685  responding to an emergency emergencies, as defined in s.
 2686  252.34(3), are exempt from s. 119.07(1) and s. 24(a), Art. I of
 2687  the State Constitution and unavailable for inspection, except by
 2688  personnel authorized by a state or local law enforcement agency,
 2689  the office of the Governor, the Department of Legal Affairs, the
 2690  Department of Law Enforcement, or the Division of Emergency
 2691  Management the Department of Community Affairs as having an
 2692  official need for access to the inventory or comprehensive
 2693  policies or plans.
 2694         (5) OTHER PERSONAL INFORMATION.—
 2695         (f) Medical history records and information related to
 2696  health or property insurance provided to the Department of
 2697  Economic Opportunity Community Affairs, the Florida Housing
 2698  Finance Corporation, a county, a municipality, or a local
 2699  housing finance agency by an applicant for or a participant in a
 2700  federal, state, or local housing assistance program are
 2701  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
 2702  of the State Constitution. Governmental entities or their agents
 2703  shall have access to such confidential and exempt records and
 2704  information for the purpose of auditing federal, state, or local
 2705  housing programs or housing assistance programs. Such
 2706  confidential and exempt records and information may be used in
 2707  any administrative or judicial proceeding, provided such records
 2708  are kept confidential and exempt unless otherwise ordered by a
 2709  court.
 2710         Section 49. Paragraph (b) of subsection (3) of section
 2711  120.54, Florida Statutes, as amended by chapter 2010-279, Laws
 2712  of Florida, is amended to read:
 2713         120.54 Rulemaking.—
 2714         (3) ADOPTION PROCEDURES.—
 2715         (b) Special matters to be considered in rule adoption.—
 2716         1. Statement of estimated regulatory costs.—Before Prior to
 2717  the adoption, amendment, or repeal of any rule other than an
 2718  emergency rule, an agency is encouraged to prepare a statement
 2719  of estimated regulatory costs of the proposed rule, as provided
 2720  by s. 120.541. However, an agency must prepare a statement of
 2721  estimated regulatory costs of the proposed rule, as provided by
 2722  s. 120.541, if:
 2723         a. The proposed rule will have an adverse impact on small
 2724  business; or
 2725         b. The proposed rule is likely to directly or indirectly
 2726  increase regulatory costs in excess of $200,000 in the aggregate
 2727  in this state within 1 year after the implementation of the
 2728  rule.
 2729         2. Small businesses, small counties, and small cities.—
 2730         a. Each agency, before the adoption, amendment, or repeal
 2731  of a rule, shall consider the impact of the rule on small
 2732  businesses as defined by s. 288.703 and the impact of the rule
 2733  on small counties or small cities as defined by s. 120.52.
 2734  Whenever practicable, an agency shall tier its rules to reduce
 2735  disproportionate impacts on small businesses, small counties, or
 2736  small cities to avoid regulating small businesses, small
 2737  counties, or small cities that do not contribute significantly
 2738  to the problem the rule is designed to address. An agency may
 2739  define “small business” to include businesses employing more
 2740  than 200 persons, may define “small county” to include those
 2741  with populations of more than 75,000, and may define “small
 2742  city” to include those with populations of more than 10,000, if
 2743  it finds that such a definition is necessary to adapt a rule to
 2744  the needs and problems of small businesses, small counties, or
 2745  small cities. The agency shall consider each of the following
 2746  methods for reducing the impact of the proposed rule on small
 2747  businesses, small counties, and small cities, or any combination
 2748  of these entities:
 2749         (I) Establishing less stringent compliance or reporting
 2750  requirements in the rule.
 2751         (II) Establishing less stringent schedules or deadlines in
 2752  the rule for compliance or reporting requirements.
 2753         (III) Consolidating or simplifying the rule’s compliance or
 2754  reporting requirements.
 2755         (IV) Establishing performance standards or best management
 2756  practices to replace design or operational standards in the
 2757  rule.
 2758         (V) Exempting small businesses, small counties, or small
 2759  cities from any or all requirements of the rule.
 2760         b.(I) If the agency determines that the proposed action
 2761  will affect small businesses as defined by the agency as
 2762  provided in sub-subparagraph a., the agency shall send written
 2763  notice of the rule to the Small Business Regulatory Advisory
 2764  Council and the Department of Economic Opportunity at least
 2765  Office of Tourism, Trade, and Economic Development not less than
 2766  28 days before prior to the intended action.
 2767         (II) Each agency shall adopt those regulatory alternatives
 2768  offered by the Small Business Regulatory Advisory Council and
 2769  provided to the agency no later than 21 days after the council’s
 2770  receipt of the written notice of the rule which it finds are
 2771  feasible and consistent with the stated objectives of the
 2772  proposed rule and which would reduce the impact on small
 2773  businesses. When regulatory alternatives are offered by the
 2774  Small Business Regulatory Advisory Council, the 90-day period
 2775  for filing the rule in subparagraph (e)2. is extended for a
 2776  period of 21 days.
 2777         (III) If an agency does not adopt all alternatives offered
 2778  pursuant to this sub-subparagraph, it shall, before prior to
 2779  rule adoption or amendment and pursuant to subparagraph (d)1.,
 2780  file a detailed written statement with the committee explaining
 2781  the reasons for failure to adopt such alternatives. Within 3
 2782  working days after of the filing of such notice, the agency
 2783  shall send a copy of such notice to the Small Business
 2784  Regulatory Advisory Council. The Small Business Regulatory
 2785  Advisory Council may make a request of the President of the
 2786  Senate and the Speaker of the House of Representatives that the
 2787  presiding officers direct the Office of Program Policy Analysis
 2788  and Government Accountability to determine whether the rejected
 2789  alternatives reduce the impact on small business while meeting
 2790  the stated objectives of the proposed rule. Within 60 days after
 2791  the date of the directive from the presiding officers, the
 2792  Office of Program Policy Analysis and Government Accountability
 2793  shall report to the Administrative Procedures Committee its
 2794  findings as to whether an alternative reduces the impact on
 2795  small business while meeting the stated objectives of the
 2796  proposed rule. The Office of Program Policy Analysis and
 2797  Government Accountability shall consider the proposed rule, the
 2798  economic impact statement, the written statement of the agency,
 2799  the proposed alternatives, and any comment submitted during the
 2800  comment period on the proposed rule. The Office of Program
 2801  Policy Analysis and Government Accountability shall submit a
 2802  report of its findings and recommendations to the Governor, the
 2803  President of the Senate, and the Speaker of the House of
 2804  Representatives. The Administrative Procedures Committee shall
 2805  report such findings to the agency, and the agency shall respond
 2806  in writing to the Administrative Procedures Committee if the
 2807  Office of Program Policy Analysis and Government Accountability
 2808  found that the alternative reduced the impact on small business
 2809  while meeting the stated objectives of the proposed rule. If the
 2810  agency will not adopt the alternative, it must also provide a
 2811  detailed written statement to the committee as to why it will
 2812  not adopt the alternative.
 2813         Section 50. Subsection (10) of section 120.80, Florida
 2814  Statutes, is amended to read:
 2815         120.80 Exceptions and special requirements; agencies.—
 2816         (10) DEPARTMENT OF ECONOMIC OPPORTUNITY AGENCY FOR
 2817  WORKFORCE INNOVATION.—
 2818         (a) Notwithstanding s. 120.54, the rulemaking provisions of
 2819  this chapter do not apply to unemployment appeals referees.
 2820         (b) Notwithstanding s. 120.54(5), the uniform rules of
 2821  procedure do not apply to appeal proceedings conducted under
 2822  chapter 443 by the Unemployment Appeals Commission, special
 2823  deputies, or unemployment appeals referees.
 2824         (c) Notwithstanding s. 120.57(1)(a), hearings under chapter
 2825  443 may not be conducted by an administrative law judge assigned
 2826  by the division, but instead shall be conducted by the
 2827  Unemployment Appeals Commission in unemployment compensation
 2828  appeals, unemployment appeals referees, and the Department of
 2829  Economic Opportunity Agency for Workforce Innovation or its
 2830  special deputies under s. 443.141.
 2831         Section 51. Subsections (4) and (5) of section 125.045,
 2832  Florida Statutes, are amended to read:
 2833         125.045 County economic development powers.—
 2834         (4) A contract between the governing body of a county or
 2835  other entity engaged in economic development activities on
 2836  behalf of the county and an economic development agency must
 2837  require the agency or entity receiving county funds to submit a
 2838  report to the governing body of the county detailing how county
 2839  funds were spent and detailing the results of the economic
 2840  development agency’s or entity’s efforts on behalf of the
 2841  county. By January 15, 2011, and annually thereafter, the county
 2842  must file a copy of the report with the Office of Economic and
 2843  Demographic Research Legislative Committee on Intergovernmental
 2844  Relations or its successor entity and post a copy of the report
 2845  on the county’s website.
 2846         (5)(a) By January 15, 2011, and annually thereafter, each
 2847  county shall report to the Office of Economic and Demographic
 2848  Research Legislative Committee on Intergovernmental Relations or
 2849  its successor entity the economic development incentives in
 2850  excess of $25,000 given to any business during the county’s
 2851  previous fiscal year. The Office of Economic and Demographic
 2852  Research Legislative Committee on Intergovernmental Relations or
 2853  its successor entity shall compile the information from the
 2854  counties into a report and provide the report to the Department
 2855  of Economic Opportunity Office of Tourism, Trade, and Economic
 2856  Development. Economic development incentives include:
 2857         1. Direct financial incentives of monetary assistance
 2858  provided to a business from the county or through an
 2859  organization authorized by the county. Such incentives include,
 2860  but are not limited to, grants, loans, equity investments, loan
 2861  insurance and guarantees, and training subsidies.
 2862         2. Indirect incentives in the form of grants and loans
 2863  provided to businesses and community organizations that provide
 2864  support to businesses or promote business investment or
 2865  development.
 2866         3. Fee-based or tax-based incentives, including, but not
 2867  limited to, credits, refunds, exemptions, and property tax
 2868  abatement or assessment reductions.
 2869         4. Below-market rate leases or deeds for real property.
 2870         (b) A county shall report its economic development
 2871  incentives in the format specified by the Office of Economic and
 2872  Demographic Research Legislative Committee on Intergovernmental
 2873  Relations or its successor entity.
 2874         (c) The Office of Economic and Demographic Research
 2875  Legislative Committee on Intergovernmental Relations or its
 2876  successor entity shall compile the economic development
 2877  incentives provided by each county in a manner that shows the
 2878  total of each class of economic development incentives provided
 2879  by each county and all counties.
 2880         Section 52. Subsection (11) of section 159.803, Florida
 2881  Statutes, is amended to read:
 2882         159.803 Definitions.—As used in this part, the term:
 2883         (11) “Florida First Business project” means any project
 2884  which is certified by the Department of Economic Opportunity
 2885  Office of Tourism, Trade, and Economic Development as eligible
 2886  to receive an allocation from the Florida First Business
 2887  allocation pool established pursuant to s. 159.8083. The
 2888  Department of Economic Opportunity Office of Tourism, Trade, and
 2889  Economic Development may certify those projects meeting the
 2890  criteria set forth in s. 288.106(4)(b) or any project providing
 2891  a substantial economic benefit to this state.
 2892         Section 53. Paragraph (a) of subsection (2) of section
 2893  159.8081, Florida Statutes, is amended to read:
 2894         159.8081 Manufacturing facility bond pool.—
 2895         (2)(a) The first 75 percent of this pool shall be available
 2896  on a first come, first served basis, except that 15 percent of
 2897  the state volume limitation allocated to this pool shall be
 2898  available as provided in paragraph (b). Before Prior to issuing
 2899  any written confirmations for the remaining 25 percent of this
 2900  pool, the executive director shall forward all notices of intent
 2901  to issue which are received by the division for manufacturing
 2902  facility projects to the Department of Economic Opportunity
 2903  Office of Tourism, Trade, and Economic Development. The
 2904  Department of Economic Opportunity Office of Tourism, Trade, and
 2905  Economic Development and the Department of Community Affairs
 2906  shall decide, after receipt of the notices of intent to issue,
 2907  which notices will receive written confirmations. Such decision
 2908  shall be communicated in writing by the Department of Economic
 2909  Opportunity Office of Tourism, Trade, and Economic Development
 2910  to the executive director within 10 days of receipt of such
 2911  notices of intent to issue. The Department of Economic
 2912  Opportunity Office of Tourism, Trade, and Economic Development,
 2913  in consultation with the Department of Community Affairs, may
 2914  develop rules to ensure that allocation of the remaining 25
 2915  percent is consistent with the state’s economic development
 2916  policy.
 2917         Section 54. Section 159.8083, Florida Statutes, is amended
 2918  to read:
 2919         159.8083 Florida First Business allocation pool.—The
 2920  Florida First Business allocation pool is hereby established.
 2921  The Florida First Business allocation pool shall be available
 2922  solely to provide written confirmation for private activity
 2923  bonds to finance Florida First Business projects certified by
 2924  the Department of Economic Opportunity Office of Tourism, Trade,
 2925  and Economic Development as eligible to receive a written
 2926  confirmation. Allocations from such pool shall be awarded
 2927  statewide pursuant to procedures specified in s. 159.805, except
 2928  that the provisions of s. 159.805(2), (3), and (6) do not apply.
 2929  Florida First Business projects that are eligible for a
 2930  carryforward do shall not lose their allocation pursuant to s.
 2931  159.809(3) on October 1, or pursuant to s. 159.809(4) on
 2932  November 16, if they have applied for and have been granted a
 2933  carryforward by the division pursuant to s. 159.81(1). In
 2934  issuing written confirmations of allocations for Florida First
 2935  Business projects, the division shall use the Florida First
 2936  Business allocation pool. If allocation is not available from
 2937  the Florida First Business allocation pool, the division shall
 2938  issue written confirmations of allocations for Florida First
 2939  Business projects pursuant to s. 159.806 or s. 159.807, in such
 2940  order. For the purpose of determining priority within a regional
 2941  allocation pool or the state allocation pool, notices of intent
 2942  to issue bonds for Florida First Business projects to be issued
 2943  from a regional allocation pool or the state allocation pool
 2944  shall be considered to have been received by the division at the
 2945  time it is determined by the division that the Florida First
 2946  Business allocation pool is unavailable to issue confirmation
 2947  for such Florida First Business project. If the total amount
 2948  requested in notices of intent to issue private activity bonds
 2949  for Florida First Business projects exceeds the total amount of
 2950  the Florida First Business allocation pool, the director shall
 2951  forward all timely notices of intent to issue, which are
 2952  received by the division for such projects, to the Department of
 2953  Economic Opportunity Office of Tourism, Trade, and Economic
 2954  Development which shall render a decision as to which notices of
 2955  intent to issue are to receive written confirmations. The
 2956  Department of Economic Opportunity Office of Tourism, Trade, and
 2957  Economic Development, in consultation with the division, shall
 2958  develop rules to ensure that the allocation provided in such
 2959  pool is available solely to provide written confirmations for
 2960  private activity bonds to finance Florida First Business
 2961  projects and that such projects are feasible and financially
 2962  solvent.
 2963         Section 55. Subsection (3) of section 159.809, Florida
 2964  Statutes, is amended to read:
 2965         159.809 Recapture of unused amounts.—
 2966         (3) On October 1 of each year, any portion of the
 2967  allocation made to the Florida First Business allocation pool
 2968  pursuant to s. 159.804(5), or subsection (1), or subsection (2),
 2969  which is eligible for carryforward pursuant to s. 146(f) of the
 2970  Code but which has not been certified for carryforward by the
 2971  Department of Economic Opportunity Office of Tourism, Trade, and
 2972  Economic Development, shall be returned to the Florida First
 2973  Business allocation pool.
 2974         Section 56. Subsection (4) of section 161.142, Florida
 2975  Statutes, is amended to read:
 2976         161.142 Declaration of public policy relating to improved
 2977  navigation inlets.—The Legislature recognizes the need for
 2978  maintaining navigation inlets to promote commercial and
 2979  recreational uses of our coastal waters and their resources. The
 2980  Legislature further recognizes that inlets interrupt or alter
 2981  the natural drift of beach-quality sand resources, which often
 2982  results in these sand resources being deposited in nearshore
 2983  areas or in the inlet channel, or in the inland waterway
 2984  adjacent to the inlet, instead of providing natural nourishment
 2985  to the adjacent eroding beaches. Accordingly, the Legislature
 2986  finds it is in the public interest to replicate the natural
 2987  drift of sand which is interrupted or altered by inlets to be
 2988  replaced and for each level of government to undertake all
 2989  reasonable efforts to maximize inlet sand bypassing to ensure
 2990  that beach-quality sand is placed on adjacent eroding beaches.
 2991  Such activities cannot make up for the historical sand deficits
 2992  caused by inlets but shall be designed to balance the sediment
 2993  budget of the inlet and adjacent beaches and extend the life of
 2994  proximate beach-restoration projects so that periodic
 2995  nourishment is needed less frequently. Therefore, in furtherance
 2996  of this declaration of public policy and the Legislature’s
 2997  intent to redirect and recommit the state’s comprehensive beach
 2998  management efforts to address the beach erosion caused by
 2999  inlets, the department shall ensure that:
 3000         (4) The provisions of subsections (1) and (2) shall not be
 3001  a requirement imposed upon ports listed in s. 403.021(9)(b);
 3002  however, such ports must demonstrate reasonable effort to place
 3003  beach-quality sand from construction and maintenance dredging
 3004  and port-development projects on adjacent eroding beaches in
 3005  accordance with port master plans approved by the Department of
 3006  Economic Opportunity Community Affairs, and permits approved and
 3007  issued by the department, to ensure compliance with this
 3008  section. Ports may sponsor or cosponsor inlet management
 3009  projects that are fully eligible for state cost sharing.
 3010         Section 57. Subsection (10) of section 161.54, Florida
 3011  Statutes, is amended to read:
 3012         161.54 Definitions.—In construing ss. 161.52-161.58:
 3013         (10) “State land planning agency” means the Department of
 3014  Economic Opportunity Community Affairs.
 3015         Section 58. Subsection (1) of section 175.021, Florida
 3016  Statutes, is amended to read:
 3017         175.021 Legislative declaration.—
 3018         (1) It is hereby declared by the Legislature that
 3019  firefighters, as hereinafter defined, perform state and
 3020  municipal functions; that it is their duty to extinguish fires,
 3021  to protect life, and to protect property at their own risk and
 3022  peril; that it is their duty to prevent conflagration and to
 3023  continuously instruct school personnel, public officials, and
 3024  private citizens in the prevention of fires and firesafety; that
 3025  they protect both life and property from local emergencies as
 3026  defined in s. 252.34(3); and that their activities are vital to
 3027  the public safety. It is further declared that firefighters
 3028  employed by special fire control districts serve under the same
 3029  circumstances and perform the same duties as firefighters
 3030  employed by municipalities and should therefore be entitled to
 3031  the benefits available under this chapter. Therefore, the
 3032  Legislature declares that it is a proper and legitimate state
 3033  purpose to provide a uniform retirement system for the benefit
 3034  of firefighters as hereinafter defined and intends, in
 3035  implementing the provisions of s. 14, Art. X of the State
 3036  Constitution as they relate to municipal and special district
 3037  firefighters’ pension trust fund systems and plans, that such
 3038  retirement systems or plans be managed, administered, operated,
 3039  and funded in such manner as to maximize the protection of the
 3040  firefighters’ pension trust funds. Pursuant to s. 18, Art. VII
 3041  of the State Constitution, the Legislature hereby determines and
 3042  declares that the provisions of this act fulfill an important
 3043  state interest.
 3044         Section 59. Subsection (20) of section 163.3164, Florida
 3045  Statutes, is amended to read:
 3046         163.3164 Local Government Comprehensive Planning and Land
 3047  Development Regulation Act; definitions.—As used in this act:
 3048         (20) “State land planning agency” means the Department of
 3049  Economic Opportunity Community Affairs.
 3050         Section 60. Paragraphs (d) and (e) of subsection (9) of
 3051  section 166.021, Florida Statutes, are amended to read:
 3052         166.021 Powers.—
 3053         (9)
 3054         (d) A contract between the governing body of a municipality
 3055  or other entity engaged in economic development activities on
 3056  behalf of the municipality and an economic development agency
 3057  must require the agency or entity receiving municipal funds to
 3058  submit a report to the governing body of the municipality
 3059  detailing how the municipal funds are spent and detailing the
 3060  results of the economic development agency’s or entity’s efforts
 3061  on behalf of the municipality. By January 15, 2011, and annually
 3062  thereafter, the municipality shall file a copy of the report
 3063  with the Office of Economic and Demographic Research Legislative
 3064  Committee on Intergovernmental Relations or its successor entity
 3065  and post a copy of the report on the municipality’s website.
 3066         (e)1. By January 15, 2011, and annually thereafter
 3067  therafter, each municipality having annual revenues or
 3068  expenditures greater than $250,000 shall report to the Office of
 3069  Economic Demographic Research Legislative Committee on
 3070  Intergovernmental Relations or its successor entity the economic
 3071  development incentives in excess of $25,000 given to any
 3072  business during the municipality’s previous fiscal year. The
 3073  Office of Economic and Demographic Research Legislative
 3074  Committee on Intergovernmental Relations or its successor entity
 3075  shall compile the information from the municipalities into a
 3076  report and provide the report to the Department of Economic
 3077  Opportunity Office of Tourism, Trade, and Economic Development.
 3078  Economic development incentives include:
 3079         a. Direct financial incentives of monetary assistance
 3080  provided to a business from the municipality or through an
 3081  organization authorized by the municipality. Such incentives
 3082  include, but are not limited to, grants, loans, equity
 3083  investments, loan insurance and guarantees, and training
 3084  subsidies.
 3085         b. Indirect incentives in the form of grants and loans
 3086  provided to businesses and community organizations that provide
 3087  support to businesses or promote business investment or
 3088  development.
 3089         c. Fee-based or tax-based incentives, including, but not
 3090  limited to, credits, refunds, exemptions, and property tax
 3091  abatement or assessment reductions.
 3092         d. Below-market rate leases or deeds for real property.
 3093         2. A municipality shall report its economic development
 3094  incentives in the format specified by the Office of Economic and
 3095  Demographic Research Legislative Committee on Intergovernmental
 3096  Relations or its successor entity.
 3097         3. The Office of Economic and Demographic Research
 3098  Legislative Committee on Intergovernmental Relations or its
 3099  successor entity shall compile the economic development
 3100  incentives provided by each municipality in a manner that shows
 3101  the total of each class of economic development incentives
 3102  provided by each municipality and all municipalities.
 3103         Section 61. Subsection (1) of section 171.204, Florida
 3104  Statutes, is amended to read:
 3105         171.204 Prerequisites to annexation under this part.—The
 3106  interlocal service boundary agreement may describe the character
 3107  of land that may be annexed under this part and may provide that
 3108  the restrictions on the character of land that may be annexed
 3109  pursuant to part I are not restrictions on land that may be
 3110  annexed pursuant to this part. As determined in the interlocal
 3111  service boundary agreement, any character of land may be
 3112  annexed, including, but not limited to, an annexation of land
 3113  not contiguous to the boundaries of the annexing municipality,
 3114  an annexation that creates an enclave, or an annexation where
 3115  the annexed area is not reasonably compact; however, such area
 3116  must be “urban in character” as defined in s. 171.031(8). The
 3117  interlocal service boundary agreement may not allow for
 3118  annexation of land within a municipality that is not a party to
 3119  the agreement or of land that is within another county. Before
 3120  annexation of land that is not contiguous to the boundaries of
 3121  the annexing municipality, an annexation that creates an
 3122  enclave, or an annexation of land that is not currently served
 3123  by water or sewer utilities, one of the following options must
 3124  be followed:
 3125         (1) The municipality shall transmit a comprehensive plan
 3126  amendment that proposes specific amendments relating to the
 3127  property anticipated for annexation to the Department of
 3128  Economic Opportunity Community Affairs for review under chapter
 3129  163. After considering the department’s review, the municipality
 3130  may approve the annexation and comprehensive plan amendment
 3131  concurrently. The local government must adopt the annexation and
 3132  the comprehensive plan amendment as separate and distinct
 3133  actions but may take such actions at a single public hearing; or
 3134         Section 62. Paragraph (c) of subsection (4) of section
 3135  186.504, Florida Statutes, is amended to read:
 3136         186.504 Regional planning councils; creation; membership.—
 3137         (4) In addition to voting members appointed pursuant to
 3138  paragraph (2)(c), the Governor shall appoint the following ex
 3139  officio nonvoting members to each regional planning council:
 3140         (c) A representative nominated by the Department of
 3141  Economic Opportunity Enterprise Florida, Inc., and the Office of
 3142  Tourism, Trade, and Economic Development.
 3143  
 3144  The Governor may also appoint ex officio nonvoting members
 3145  representing appropriate metropolitan planning organizations and
 3146  regional water supply authorities.
 3147         Section 63. Subsection (11) of section 186.505, Florida
 3148  Statutes, is amended to read:
 3149         186.505 Regional planning councils; powers and duties.—Any
 3150  regional planning council created hereunder shall have the
 3151  following powers:
 3152         (11) To cooperate, in the exercise of its planning
 3153  functions, with federal and state agencies in planning for
 3154  emergency management as defined in under s. 252.34(4).
 3155         Section 64. Subsection (4) of section 189.403, Florida
 3156  Statutes, is amended to read:
 3157         189.403 Definitions.—As used in this chapter, the term:
 3158         (4) “Department” means the Department of Economic
 3159  Opportunity Community Affairs.
 3160         Section 65. Section 189.412, Florida Statutes, is amended
 3161  to read:
 3162         189.412 Special District Information Program; duties and
 3163  responsibilities.—The Special District Information Program of
 3164  the department of Economic Opportunity Community Affairs is
 3165  created and has the following special duties:
 3166         (1) The collection and maintenance of special district
 3167  noncompliance status reports from the Department of Management
 3168  Services, the Department of Financial Services, the Division of
 3169  Bond Finance of the State Board of Administration, and the
 3170  Auditor General for the reporting required in ss. 112.63,
 3171  218.32, 218.38, and 218.39. The noncompliance reports must list
 3172  those special districts that did not comply with the statutory
 3173  reporting requirements.
 3174         (2) The maintenance of a master list of independent and
 3175  dependent special districts which shall be available on the
 3176  department’s website.
 3177         (3) The publishing and updating of a “Florida Special
 3178  District Handbook” that contains, at a minimum:
 3179         (a) A section that specifies definitions of special
 3180  districts and status distinctions in the statutes.
 3181         (b) A section or sections that specify current statutory
 3182  provisions for special district creation, implementation,
 3183  modification, dissolution, and operating procedures.
 3184         (c) A section that summarizes the reporting requirements
 3185  applicable to all types of special districts as provided in ss.
 3186  189.417 and 189.418.
 3187         (4) When feasible, securing and maintaining access to
 3188  special district information collected by all state agencies in
 3189  existing or newly created state computer systems.
 3190         (5) The facilitation of coordination and communication
 3191  among state agencies regarding special district information.
 3192         (6) The conduct of studies relevant to special districts.
 3193         (7) The provision of assistance related to and appropriate
 3194  in the performance of requirements specified in this chapter,
 3195  including assisting with an annual conference sponsored by the
 3196  Florida Association of Special Districts or its successor.
 3197         (8) Providing assistance to local general-purpose
 3198  governments and certain state agencies in collecting delinquent
 3199  reports or information, helping special districts comply with
 3200  reporting requirements, declaring special districts inactive
 3201  when appropriate, and, when directed by the Legislative Auditing
 3202  Committee, initiating enforcement provisions as provided in ss.
 3203  189.4044, 189.419, and 189.421.
 3204         Section 66. Section 189.413, Florida Statutes, is amended
 3205  to read:
 3206         189.413 Special districts; oversight of state funds use.
 3207  Any state agency administering funding programs for which
 3208  special districts are eligible shall be responsible for
 3209  oversight of the use of such funds by special districts. The
 3210  oversight responsibilities shall include, but not be limited to:
 3211         (1) Reporting the existence of the program to the Special
 3212  District Information Program of the department of Community
 3213  Affairs.
 3214         (2) Submitting annually a list of special districts
 3215  participating in a state funding program to the Special District
 3216  Information Program of the department of Community Affairs. This
 3217  list must indicate the special districts, if any, that are not
 3218  in compliance with state funding program requirements.
 3219         Section 67. Section 189.425, Florida Statutes, is amended
 3220  to read:
 3221         189.425 Rulemaking authority.—The department of Community
 3222  Affairs may adopt rules to implement the provisions of this
 3223  chapter.
 3224         Section 68. Section 189.427, Florida Statutes, is amended
 3225  to read:
 3226         189.427 Fee schedule; Grants and Donations Operating Trust
 3227  Fund.—The Department of Economic Opportunity Community Affairs,
 3228  by rule, shall establish a schedule of fees to pay one-half of
 3229  the costs incurred by the department in administering this act,
 3230  except that the fee may not exceed $175 per district per year.
 3231  The fees collected under this section shall be deposited in the
 3232  Grants and Donations Operating Trust Fund, which shall be
 3233  administered by the Department of Economic Opportunity Community
 3234  Affairs. Any fee rule must consider factors such as the
 3235  dependent and independent status of the district and district
 3236  revenues for the most recent fiscal year as reported to the
 3237  Department of Financial Services. The department may assess
 3238  fines of not more than $25, with an aggregate total not to
 3239  exceed $50, as penalties against special districts that fail to
 3240  remit required fees to the department. It is the intent of the
 3241  Legislature that general revenue funds will be made available to
 3242  the department to pay one-half of the cost of administering this
 3243  act.
 3244         Section 69. Subsection (1) of section 189.4034, Florida
 3245  Statutes, is amended to read:
 3246         189.4035 Preparation of official list of special
 3247  districts.—
 3248         (1) The Department of Economic Opportunity Community
 3249  Affairs shall compile the official list of special districts.
 3250  The official list of special districts shall include all special
 3251  districts in this state and shall indicate the independent or
 3252  dependent status of each district. All special districts in the
 3253  list shall be sorted by county. The definitions in s. 189.403
 3254  shall be the criteria for determination of the independent or
 3255  dependent status of each special district on the official list.
 3256  The status of community development districts shall be
 3257  independent on the official list of special districts.
 3258         Section 70. Subsection (2) of section 190.009, Florida
 3259  Statutes, is amended to read:
 3260         190.009 Disclosure of public financing.—
 3261         (2) The Department of Economic Opportunity Community
 3262  Affairs shall keep a current list of districts and their
 3263  disclosures pursuant to this act and shall make such studies and
 3264  reports and take such actions as it deems necessary.
 3265         Section 71. Section 190.047, Florida Statutes, is amended
 3266  to read:
 3267         190.047 Incorporation or annexation of district.—
 3268         (1) Upon attaining the population standards for
 3269  incorporation contained in s. 165.061 and as determined by the
 3270  Department of Economic Opportunity Community Affairs, any
 3271  district wholly contained within the unincorporated area of a
 3272  county that also meets the other requirements for incorporation
 3273  contained in s. 165.061 shall hold a referendum at a general
 3274  election on the question of whether to incorporate. However, any
 3275  district contiguous to the boundary of a municipality may be
 3276  annexed to such municipality pursuant to the provisions of
 3277  chapter 171.
 3278         (2) The Department of Economic Opportunity Community
 3279  Affairs shall annually monitor the status of the district for
 3280  purposes of carrying out the provisions of this section.
 3281         Section 72. Subsection (1) of section 191.009, Florida
 3282  Statutes, is amended to read:
 3283         191.009 Taxes; non-ad valorem assessments; impact fees and
 3284  user charges.—
 3285         (1) AD VALOREM TAXES.—An elected board may levy and assess
 3286  ad valorem taxes on all taxable property in the district to
 3287  construct, operate, and maintain district facilities and
 3288  services, to pay the principal of, and interest on, general
 3289  obligation bonds of the district, and to provide for any sinking
 3290  or other funds established in connection with such bonds. An ad
 3291  valorem tax levied by the board for operating purposes,
 3292  exclusive of debt service on bonds, may not exceed 3.75 mills
 3293  unless a higher amount has been previously authorized by law,
 3294  subject to a referendum as required by the State Constitution
 3295  and this act. The ballot question on such referendum shall state
 3296  the currently authorized millage rate and the year of its
 3297  approval by referendum. The levy of ad valorem taxes pursuant to
 3298  this section must be approved by referendum called by the board
 3299  when the proposed levy of ad valorem taxes exceeds the amount
 3300  authorized by prior special act, general law of local
 3301  application, or county ordinance approved by referendum. Nothing
 3302  in this act shall require a referendum on the levy of ad valorem
 3303  taxes in an amount previously authorized by special act, general
 3304  law of local application, or county ordinance approved by
 3305  referendum. Such tax shall be assessed, levied, and collected in
 3306  the same manner as county taxes. The levy of ad valorem taxes
 3307  approved by referendum shall be reported within 60 days after
 3308  the vote to the Department of Economic Opportunity Community
 3309  Affairs.
 3310         Section 73. Section 191.015, Florida Statutes, is amended
 3311  to read:
 3312         191.015 Codification.—Each fire control district existing
 3313  on the effective date of this section, by December 1, 2004,
 3314  shall submit to the Legislature a draft codified charter, at its
 3315  expense, so that its special acts may be codified into a single
 3316  act for reenactment by the Legislature, if there is more than
 3317  one special act for the district. The Legislature may adopt a
 3318  schedule for individual district codification. Any codified act
 3319  relating to a district, which act is submitted to the
 3320  Legislature for reenactment, shall provide for the repeal of all
 3321  prior special acts of the Legislature relating to the district.
 3322  The codified act shall be filed with the Department of Economic
 3323  Opportunity Community Affairs pursuant to s. 189.418(2).
 3324         Section 74. Paragraph (a) of subsection (1) of section
 3325  202.37, Florida Statutes, is amended to read:
 3326         202.37 Special rules for administration of local
 3327  communications services tax.—
 3328         (1)(a) Except as otherwise provided in this section, all
 3329  statutory provisions and administrative rules applicable to the
 3330  communications services tax imposed by s. 202.12 apply to any
 3331  local communications services tax imposed under s. 202.19, and
 3332  the department shall administer, collect, and enforce all taxes
 3333  imposed under s. 202.19, including interest and penalties
 3334  attributable thereto, in accordance with the same procedures
 3335  used in the administration, collection, and enforcement of the
 3336  communications services tax imposed by s. 202.12. Audits
 3337  performed by the department shall include a determination of the
 3338  dealer’s compliance with the jurisdictional situsing of its
 3339  customers’ service addresses and a determination of whether the
 3340  rate collected for the local tax pursuant to ss. 202.19 and
 3341  202.20 is correct. The person or entity designated by a local
 3342  government pursuant to s. 213.053(8) s. 213.053(8)(v) may
 3343  provide evidence to the department demonstrating a specific
 3344  person’s failure to fully or correctly report taxable
 3345  communications services sales within the jurisdiction. The
 3346  department may request additional information from the designee
 3347  to assist in any review. The department shall inform the
 3348  designee of what action, if any, the department intends to take
 3349  regarding the person.
 3350         Section 75. Paragraphs (g), (h), (j), and (p) of subsection
 3351  (5) and paragraph (b) of subsection (15) of section 212.08,
 3352  Florida Statutes, are amended to read:
 3353         212.08 Sales, rental, use, consumption, distribution, and
 3354  storage tax; specified exemptions.—The sale at retail, the
 3355  rental, the use, the consumption, the distribution, and the
 3356  storage to be used or consumed in this state of the following
 3357  are hereby specifically exempt from the tax imposed by this
 3358  chapter.
 3359         (5) EXEMPTIONS; ACCOUNT OF USE.—
 3360         (g) Building materials used in the rehabilitation of real
 3361  property located in an enterprise zone.—
 3362         1. Building materials used in the rehabilitation of real
 3363  property located in an enterprise zone are exempt from the tax
 3364  imposed by this chapter upon an affirmative showing to the
 3365  satisfaction of the department that the items have been used for
 3366  the rehabilitation of real property located in an enterprise
 3367  zone. Except as provided in subparagraph 2., this exemption
 3368  inures to the owner, lessee, or lessor at the time the real
 3369  property is rehabilitated, but only through a refund of
 3370  previously paid taxes. To receive a refund pursuant to this
 3371  paragraph, the owner, lessee, or lessor of the rehabilitated
 3372  real property must file an application under oath with the
 3373  governing body or enterprise zone development agency having
 3374  jurisdiction over the enterprise zone where the business is
 3375  located, as applicable. A single application for a refund may be
 3376  submitted for multiple, contiguous parcels that were part of a
 3377  single parcel that was divided as part of the rehabilitation of
 3378  the property. All other requirements of this paragraph apply to
 3379  each parcel on an individual basis. The application must
 3380  include:
 3381         a. The name and address of the person claiming the refund.
 3382         b. An address and assessment roll parcel number of the
 3383  rehabilitated real property for which a refund of previously
 3384  paid taxes is being sought.
 3385         c. A description of the improvements made to accomplish the
 3386  rehabilitation of the real property.
 3387         d. A copy of a valid building permit issued by the county
 3388  or municipal building department for the rehabilitation of the
 3389  real property.
 3390         e. A sworn statement, under penalty of perjury, from the
 3391  general contractor licensed in this state with whom the
 3392  applicant contracted to make the improvements necessary to
 3393  rehabilitate the real property, which lists the building
 3394  materials used to rehabilitate the real property, the actual
 3395  cost of the building materials, and the amount of sales tax paid
 3396  in this state on the building materials. If a general contractor
 3397  was not used, the applicant, not a general contractor, shall
 3398  make the sworn statement required by this sub-subparagraph.
 3399  Copies of the invoices that evidence the purchase of the
 3400  building materials used in the rehabilitation and the payment of
 3401  sales tax on the building materials must be attached to the
 3402  sworn statement provided by the general contractor or by the
 3403  applicant. Unless the actual cost of building materials used in
 3404  the rehabilitation of real property and the payment of sales
 3405  taxes is documented by a general contractor or by the applicant
 3406  in this manner, the cost of the building materials is deemed to
 3407  be an amount equal to 40 percent of the increase in assessed
 3408  value for ad valorem tax purposes.
 3409         f. The identifying number assigned pursuant to s. 290.0065
 3410  to the enterprise zone in which the rehabilitated real property
 3411  is located.
 3412         g. A certification by the local building code inspector
 3413  that the improvements necessary to rehabilitate the real
 3414  property are substantially completed.
 3415         h. A statement of whether the business is a small business
 3416  as defined by s. 288.703(1).
 3417         i. If applicable, the name and address of each permanent
 3418  employee of the business, including, for each employee who is a
 3419  resident of an enterprise zone, the identifying number assigned
 3420  pursuant to s. 290.0065 to the enterprise zone in which the
 3421  employee resides.
 3422         2. This exemption inures to a municipality, county, other
 3423  governmental unit or agency, or nonprofit community-based
 3424  organization through a refund of previously paid taxes if the
 3425  building materials used in the rehabilitation are paid for from
 3426  the funds of a community development block grant, State Housing
 3427  Initiatives Partnership Program, or similar grant or loan
 3428  program. To receive a refund, a municipality, county, other
 3429  governmental unit or agency, or nonprofit community-based
 3430  organization must file an application that includes the same
 3431  information required in subparagraph 1. In addition, the
 3432  application must include a sworn statement signed by the chief
 3433  executive officer of the municipality, county, other
 3434  governmental unit or agency, or nonprofit community-based
 3435  organization seeking a refund which states that the building
 3436  materials for which a refund is sought were funded by a
 3437  community development block grant, State Housing Initiatives
 3438  Partnership Program, or similar grant or loan program.
 3439         3. Within 10 working days after receipt of an application,
 3440  the governing body or enterprise zone development agency shall
 3441  review the application to determine if it contains all the
 3442  information required by subparagraph 1. or subparagraph 2. and
 3443  meets the criteria set out in this paragraph. The governing body
 3444  or agency shall certify all applications that contain the
 3445  required information and are eligible to receive a refund. If
 3446  applicable, the governing body or agency shall also certify if
 3447  20 percent of the employees of the business are residents of an
 3448  enterprise zone, excluding temporary and part-time employees.
 3449  The certification must be in writing, and a copy of the
 3450  certification shall be transmitted to the executive director of
 3451  the department. The applicant is responsible for forwarding a
 3452  certified application to the department within the time
 3453  specified in subparagraph 4.
 3454         4. An application for a refund must be submitted to the
 3455  department within 6 months after the rehabilitation of the
 3456  property is deemed to be substantially completed by the local
 3457  building code inspector or by November 1 after the rehabilitated
 3458  property is first subject to assessment.
 3459         5. Only one exemption through a refund of previously paid
 3460  taxes for the rehabilitation of real property is permitted for
 3461  any single parcel of property unless there is a change in
 3462  ownership, a new lessor, or a new lessee of the real property. A
 3463  refund may not be granted unless the amount to be refunded
 3464  exceeds $500. A refund may not exceed the lesser of 97 percent
 3465  of the Florida sales or use tax paid on the cost of the building
 3466  materials used in the rehabilitation of the real property as
 3467  determined pursuant to sub-subparagraph 1.e. or $5,000, or, if
 3468  at least 20 percent of the employees of the business are
 3469  residents of an enterprise zone, excluding temporary and part
 3470  time employees, the amount of refund may not exceed the lesser
 3471  of 97 percent of the sales tax paid on the cost of the building
 3472  materials or $10,000. A refund shall be made within 30 days
 3473  after formal approval by the department of the application for
 3474  the refund.
 3475         6. The department shall adopt rules governing the manner
 3476  and form of refund applications and may establish guidelines as
 3477  to the requisites for an affirmative showing of qualification
 3478  for exemption under this paragraph.
 3479         7. The department shall deduct an amount equal to 10
 3480  percent of each refund granted under this paragraph from the
 3481  amount transferred into the Local Government Half-cent Sales Tax
 3482  Clearing Trust Fund pursuant to s. 212.20 for the county area in
 3483  which the rehabilitated real property is located and shall
 3484  transfer that amount to the General Revenue Fund.
 3485         8. For the purposes of the exemption provided in this
 3486  paragraph, the term:
 3487         a. “Building materials” means tangible personal property
 3488  that becomes a component part of improvements to real property.
 3489         b. “Real property” has the same meaning as provided in s.
 3490  192.001(12), except that the term does not include a condominium
 3491  parcel or condominium property as defined in s. 718.103.
 3492         c. “Rehabilitation of real property” means the
 3493  reconstruction, renovation, restoration, rehabilitation,
 3494  construction, or expansion of improvements to real property.
 3495         d. “Substantially completed” has the same meaning as
 3496  provided in s. 192.042(1).
 3497         9. This paragraph expires on the date specified in s.
 3498  290.016 for the expiration of the Florida Enterprise Zone Act.
 3499         (h) Business property used in an enterprise zone.—
 3500         1. Business property purchased for use by businesses
 3501  located in an enterprise zone which is subsequently used in an
 3502  enterprise zone shall be exempt from the tax imposed by this
 3503  chapter. This exemption inures to the business only through a
 3504  refund of previously paid taxes. A refund shall be authorized
 3505  upon an affirmative showing by the taxpayer to the satisfaction
 3506  of the department that the requirements of this paragraph have
 3507  been met.
 3508         2. To receive a refund, the business must file under oath
 3509  with the governing body or enterprise zone development agency
 3510  having jurisdiction over the enterprise zone where the business
 3511  is located, as applicable, an application which includes:
 3512         a. The name and address of the business claiming the
 3513  refund.
 3514         b. The identifying number assigned pursuant to s. 290.0065
 3515  to the enterprise zone in which the business is located.
 3516         c. A specific description of the property for which a
 3517  refund is sought, including its serial number or other permanent
 3518  identification number.
 3519         d. The location of the property.
 3520         e. The sales invoice or other proof of purchase of the
 3521  property, showing the amount of sales tax paid, the date of
 3522  purchase, and the name and address of the sales tax dealer from
 3523  whom the property was purchased.
 3524         f. Whether the business is a small business as defined by
 3525  s. 288.703(1).
 3526         g. If applicable, the name and address of each permanent
 3527  employee of the business, including, for each employee who is a
 3528  resident of an enterprise zone, the identifying number assigned
 3529  pursuant to s. 290.0065 to the enterprise zone in which the
 3530  employee resides.
 3531         3. Within 10 working days after receipt of an application,
 3532  the governing body or enterprise zone development agency shall
 3533  review the application to determine if it contains all the
 3534  information required pursuant to subparagraph 2. and meets the
 3535  criteria set out in this paragraph. The governing body or agency
 3536  shall certify all applications that contain the information
 3537  required pursuant to subparagraph 2. and meet the criteria set
 3538  out in this paragraph as eligible to receive a refund. If
 3539  applicable, the governing body or agency shall also certify if
 3540  20 percent of the employees of the business are residents of an
 3541  enterprise zone, excluding temporary and part-time employees.
 3542  The certification shall be in writing, and a copy of the
 3543  certification shall be transmitted to the executive director of
 3544  the Department of Revenue. The business shall be responsible for
 3545  forwarding a certified application to the department within the
 3546  time specified in subparagraph 4.
 3547         4. An application for a refund pursuant to this paragraph
 3548  must be submitted to the department within 6 months after the
 3549  tax is due on the business property that is purchased.
 3550         5. The amount refunded on purchases of business property
 3551  under this paragraph shall be the lesser of 97 percent of the
 3552  sales tax paid on such business property or $5,000, or, if no
 3553  less than 20 percent of the employees of the business are
 3554  residents of an enterprise zone, excluding temporary and part
 3555  time employees, the amount refunded on purchases of business
 3556  property under this paragraph shall be the lesser of 97 percent
 3557  of the sales tax paid on such business property or $10,000. A
 3558  refund approved pursuant to this paragraph shall be made within
 3559  30 days after of formal approval by the department of the
 3560  application for the refund. A No refund may not shall be granted
 3561  under this paragraph unless the amount to be refunded exceeds
 3562  $100 in sales tax paid on purchases made within a 60-day time
 3563  period.
 3564         6. The department shall adopt rules governing the manner
 3565  and form of refund applications and may establish guidelines as
 3566  to the requisites for an affirmative showing of qualification
 3567  for exemption under this paragraph.
 3568         7. If the department determines that the business property
 3569  is used outside an enterprise zone within 3 years from the date
 3570  of purchase, the amount of taxes refunded to the business
 3571  purchasing such business property shall immediately be due and
 3572  payable to the department by the business, together with the
 3573  appropriate interest and penalty, computed from the date of
 3574  purchase, in the manner provided by this chapter.
 3575  Notwithstanding this subparagraph, business property used
 3576  exclusively in:
 3577         a. Licensed commercial fishing vessels,
 3578         b. Fishing guide boats, or
 3579         c. Ecotourism guide boats
 3580  
 3581  that leave and return to a fixed location within an area
 3582  designated under s. 379.2353, Florida Statutes 2010, are
 3583  eligible for the exemption provided under this paragraph if all
 3584  requirements of this paragraph are met. Such vessels and boats
 3585  must be owned by a business that is eligible to receive the
 3586  exemption provided under this paragraph. This exemption does not
 3587  apply to the purchase of a vessel or boat.
 3588         8. The department shall deduct an amount equal to 10
 3589  percent of each refund granted under the provisions of this
 3590  paragraph from the amount transferred into the Local Government
 3591  Half-cent Sales Tax Clearing Trust Fund pursuant to s. 212.20
 3592  for the county area in which the business property is located
 3593  and shall transfer that amount to the General Revenue Fund.
 3594         9. For the purposes of this exemption, “business property”
 3595  means new or used property defined as “recovery property” in s.
 3596  168(c) of the Internal Revenue Code of 1954, as amended, except:
 3597         a. Property classified as 3-year property under s.
 3598  168(c)(2)(A) of the Internal Revenue Code of 1954, as amended;
 3599         b. Industrial machinery and equipment as defined in sub
 3600  subparagraph (b)6.a. and eligible for exemption under paragraph
 3601  (b);
 3602         c. Building materials as defined in sub-subparagraph
 3603  (g)8.a.; and
 3604         d. Business property having a sales price of under $5,000
 3605  per unit.
 3606         10. This paragraph expires on the date specified in s.
 3607  290.016 for the expiration of the Florida Enterprise Zone Act.
 3608         (j) Machinery and equipment used in semiconductor, defense,
 3609  or space technology production.—
 3610         1.a. Industrial machinery and equipment used in
 3611  semiconductor technology facilities certified under subparagraph
 3612  5. to manufacture, process, compound, or produce semiconductor
 3613  technology products for sale or for use by these facilities are
 3614  exempt from the tax imposed by this chapter. For purposes of
 3615  this paragraph, industrial machinery and equipment includes
 3616  molds, dies, machine tooling, other appurtenances or accessories
 3617  to machinery and equipment, testing equipment, test beds,
 3618  computers, and software, whether purchased or self-fabricated,
 3619  and, if self-fabricated, includes materials and labor for
 3620  design, fabrication, and assembly.
 3621         b. Industrial machinery and equipment used in defense or
 3622  space technology facilities certified under subparagraph 5. to
 3623  design, manufacture, assemble, process, compound, or produce
 3624  defense technology products or space technology products for
 3625  sale or for use by these facilities are exempt from the tax
 3626  imposed by this chapter.
 3627         2. Building materials purchased for use in manufacturing or
 3628  expanding clean rooms in semiconductor-manufacturing facilities
 3629  are exempt from the tax imposed by this chapter.
 3630         3. In addition to meeting the criteria mandated by
 3631  subparagraph 1. or subparagraph 2., a business must be certified
 3632  by the Department of Economic Opportunity Office of Tourism,
 3633  Trade, and Economic Development in order to qualify for
 3634  exemption under this paragraph.
 3635         4. For items purchased tax-exempt pursuant to this
 3636  paragraph, possession of a written certification from the
 3637  purchaser, certifying the purchaser’s entitlement to the
 3638  exemption, relieves the seller of the responsibility of
 3639  collecting the tax on the sale of such items, and the department
 3640  shall look solely to the purchaser for recovery of the tax if it
 3641  determines that the purchaser was not entitled to the exemption.
 3642         5.a. To be eligible to receive the exemption provided by
 3643  subparagraph 1. or subparagraph 2., a qualifying business entity
 3644  shall initially apply to Enterprise Florida, Inc. The original
 3645  certification is valid for a period of 2 years. In lieu of
 3646  submitting a new application, the original certification may be
 3647  renewed biennially by submitting to the Department of Economic
 3648  Opportunity Office of Tourism, Trade, and Economic Development a
 3649  statement, certified under oath, that there has not been a no
 3650  material change in the conditions or circumstances entitling the
 3651  business entity to the original certification. The initial
 3652  application and the certification renewal statement shall be
 3653  developed by the Department of Economic Opportunity Office of
 3654  Tourism, Trade, and Economic Development in consultation with
 3655  Enterprise Florida, Inc.
 3656         b. The Division of Strategic Business Development of the
 3657  Department of Economic Opportunity Enterprise Florida, Inc.,
 3658  shall review each submitted initial application and determine
 3659  whether or not the application is complete within 5 working
 3660  days. Once complete, the division Enterprise Florida, Inc.,
 3661  shall, within 10 working days, evaluate the application and
 3662  recommend approval or disapproval to the Department of Economic
 3663  Opportunity Office of Tourism, Trade, and Economic Development.
 3664         c. Upon receipt of the initial application and
 3665  recommendation from the division Enterprise Florida, Inc., or
 3666  upon receipt of a certification renewal statement, the
 3667  Department of Economic Opportunity Office of Tourism, Trade, and
 3668  Economic Development shall certify within 5 working days those
 3669  applicants who are found to meet the requirements of this
 3670  section and notify the applicant, Enterprise Florida, Inc., and
 3671  the department of the original certification or certification
 3672  renewal. If the Department of Economic Opportunity Office of
 3673  Tourism, Trade, and Economic Development finds that the
 3674  applicant does not meet the requirements, it shall notify the
 3675  applicant and Enterprise Florida, Inc., within 10 working days
 3676  that the application for certification has been denied and the
 3677  reasons for denial. The Department of Economic Opportunity
 3678  Office of Tourism, Trade, and Economic Development has final
 3679  approval authority for certification under this section.
 3680         d. The initial application and certification renewal
 3681  statement must indicate, for program evaluation purposes only,
 3682  the average number of full-time equivalent employees at the
 3683  facility over the preceding calendar year, the average wage and
 3684  benefits paid to those employees over the preceding calendar
 3685  year, the total investment made in real and tangible personal
 3686  property over the preceding calendar year, and the total value
 3687  of tax-exempt purchases and taxes exempted during the previous
 3688  year. The department shall assist the Department of Economic
 3689  Opportunity Office of Tourism, Trade, and Economic Development
 3690  in evaluating and verifying information provided in the
 3691  application for exemption.
 3692         e. The Department of Economic Opportunity Office of
 3693  Tourism, Trade, and Economic Development may use the information
 3694  reported on the initial application and certification renewal
 3695  statement for evaluation purposes only.
 3696         6. A business certified to receive this exemption may elect
 3697  to designate one or more state universities or community
 3698  colleges as recipients of up to 100 percent of the amount of the
 3699  exemption. To receive these funds, the institution must agree to
 3700  match the funds with equivalent cash, programs, services, or
 3701  other in-kind support on a one-to-one basis for research and
 3702  development projects requested by the certified business. The
 3703  rights to any patents, royalties, or real or intellectual
 3704  property must be vested in the business unless otherwise agreed
 3705  to by the business and the university or community college.
 3706         7. As used in this paragraph, the term:
 3707         a. “Semiconductor technology products” means raw
 3708  semiconductor wafers or semiconductor thin films that are
 3709  transformed into semiconductor memory or logic wafers, including
 3710  wafers containing mixed memory and logic circuits; related
 3711  assembly and test operations; active-matrix flat panel displays;
 3712  semiconductor chips; semiconductor lasers; optoelectronic
 3713  elements; and related semiconductor technology products as
 3714  determined by the Department of Economic Opportunity Office of
 3715  Tourism, Trade, and Economic Development.
 3716         b. “Clean rooms” means manufacturing facilities enclosed in
 3717  a manner that meets the clean manufacturing requirements
 3718  necessary for high-technology semiconductor-manufacturing
 3719  environments.
 3720         c. “Defense technology products” means products that have a
 3721  military application, including, but not limited to, weapons,
 3722  weapons systems, guidance systems, surveillance systems,
 3723  communications or information systems, munitions, aircraft,
 3724  vessels, or boats, or components thereof, which are intended for
 3725  military use and manufactured in performance of a contract with
 3726  the United States Department of Defense or the military branch
 3727  of a recognized foreign government or a subcontract thereunder
 3728  which relates to matters of national defense.
 3729         d. “Space technology products” means products that are
 3730  specifically designed or manufactured for application in space
 3731  activities, including, but not limited to, space launch
 3732  vehicles, space flight vehicles, missiles, satellites or
 3733  research payloads, avionics, and associated control systems and
 3734  processing systems and components of any of the foregoing. The
 3735  term does not include products that are designed or manufactured
 3736  for general commercial aviation or other uses even though those
 3737  products may also serve an incidental use in space applications.
 3738         (p) Community contribution tax credit for donations.—
 3739         1. Authorization.—Persons who are registered with the
 3740  department under s. 212.18 to collect or remit sales or use tax
 3741  and who make donations to eligible sponsors are eligible for tax
 3742  credits against their state sales and use tax liabilities as
 3743  provided in this paragraph:
 3744         a. The credit shall be computed as 50 percent of the
 3745  person’s approved annual community contribution.
 3746         b. The credit shall be granted as a refund against state
 3747  sales and use taxes reported on returns and remitted in the 12
 3748  months preceding the date of application to the department for
 3749  the credit as required in sub-subparagraph 3.c. If the annual
 3750  credit is not fully used through such refund because of
 3751  insufficient tax payments during the applicable 12-month period,
 3752  the unused amount may be included in an application for a refund
 3753  made pursuant to sub-subparagraph 3.c. in subsequent years
 3754  against the total tax payments made for such year. Carryover
 3755  credits may be applied for a 3-year period without regard to any
 3756  time limitation that would otherwise apply under s. 215.26.
 3757         c. A person may not receive more than $200,000 in annual
 3758  tax credits for all approved community contributions made in any
 3759  one year.
 3760         d. All proposals for the granting of the tax credit require
 3761  the prior approval of the Department of Economic Opportunity
 3762  Office of Tourism, Trade, and Economic Development.
 3763         e. The total amount of tax credits which may be granted for
 3764  all programs approved under this paragraph, s. 220.183, and s.
 3765  624.5105 is $10.5 million annually for projects that provide
 3766  homeownership opportunities for low-income or very-low-income
 3767  households as defined in s. 420.9071(19) and (28) and $3.5
 3768  million annually for all other projects.
 3769         f. A person who is eligible to receive the credit provided
 3770  for in this paragraph, s. 220.183, or s. 624.5105 may receive
 3771  the credit only under the one section of the person’s choice.
 3772         2. Eligibility requirements.—
 3773         a. A community contribution by a person must be in the
 3774  following form:
 3775         (I) Cash or other liquid assets;
 3776         (II) Real property;
 3777         (III) Goods or inventory; or
 3778         (IV) Other physical resources as identified by the
 3779  Department of Economic Opportunity Office of Tourism, Trade, and
 3780  Economic Development.
 3781         b. All community contributions must be reserved exclusively
 3782  for use in a project. As used in this sub-subparagraph, the term
 3783  “project” means any activity undertaken by an eligible sponsor
 3784  which is designed to construct, improve, or substantially
 3785  rehabilitate housing that is affordable to low-income or very
 3786  low-income households as defined in s. 420.9071(19) and (28);
 3787  designed to provide commercial, industrial, or public resources
 3788  and facilities; or designed to improve entrepreneurial and job
 3789  development opportunities for low-income persons. A project may
 3790  be the investment necessary to increase access to high-speed
 3791  broadband capability in rural communities with enterprise zones,
 3792  including projects that result in improvements to communications
 3793  assets that are owned by a business. A project may include the
 3794  provision of museum educational programs and materials that are
 3795  directly related to any project approved between January 1,
 3796  1996, and December 31, 1999, and located in an enterprise zone
 3797  designated pursuant to s. 290.0065. This paragraph does not
 3798  preclude projects that propose to construct or rehabilitate
 3799  housing for low-income or very-low-income households on
 3800  scattered sites. With respect to housing, contributions may be
 3801  used to pay the following eligible low-income and very-low
 3802  income housing-related activities:
 3803         (I) Project development impact and management fees for low
 3804  income or very-low-income housing projects;
 3805         (II) Down payment and closing costs for eligible persons,
 3806  as defined in s. 420.9071(19) and (28);
 3807         (III) Administrative costs, including housing counseling
 3808  and marketing fees, not to exceed 10 percent of the community
 3809  contribution, directly related to low-income or very-low-income
 3810  projects; and
 3811         (IV) Removal of liens recorded against residential property
 3812  by municipal, county, or special district local governments when
 3813  satisfaction of the lien is a necessary precedent to the
 3814  transfer of the property to an eligible person, as defined in s.
 3815  420.9071(19) and (28), for the purpose of promoting home
 3816  ownership. Contributions for lien removal must be received from
 3817  a nonrelated third party.
 3818         c. The project must be undertaken by an “eligible sponsor,”
 3819  which includes:
 3820         (I) A community action program;
 3821         (II) A nonprofit community-based development organization
 3822  whose mission is the provision of housing for low-income or
 3823  very-low-income households or increasing entrepreneurial and
 3824  job-development opportunities for low-income persons;
 3825         (III) A neighborhood housing services corporation;
 3826         (IV) A local housing authority created under chapter 421;
 3827         (V) A community redevelopment agency created under s.
 3828  163.356;
 3829         (VI) The Florida Industrial Development Corporation;
 3830         (VII) A historic preservation district agency or
 3831  organization;
 3832         (VIII) A regional workforce board;
 3833         (IX) A direct-support organization as provided in s.
 3834  1009.983;
 3835         (X) An enterprise zone development agency created under s.
 3836  290.0056;
 3837         (XI) A community-based organization incorporated under
 3838  chapter 617 which is recognized as educational, charitable, or
 3839  scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
 3840  and whose bylaws and articles of incorporation include
 3841  affordable housing, economic development, or community
 3842  development as the primary mission of the corporation;
 3843         (XII) Units of local government;
 3844         (XIII) Units of state government; or
 3845         (XIV) Any other agency that the Department of Economic
 3846  Opportunity Office of Tourism, Trade, and Economic Development
 3847  designates by rule.
 3848  
 3849  In no event may a contributing person have a financial interest
 3850  in the eligible sponsor.
 3851         d. The project must be located in an area designated an
 3852  enterprise zone or a Front Porch Florida Community pursuant to
 3853  s. 20.18(6), unless the project increases access to high-speed
 3854  broadband capability for rural communities with enterprise zones
 3855  but is physically located outside the designated rural zone
 3856  boundaries. Any project designed to construct or rehabilitate
 3857  housing for low-income or very-low-income households as defined
 3858  in s. 420.9071(19) and (28) is exempt from the area requirement
 3859  of this sub-subparagraph.
 3860         e.(I) If, during the first 10 business days of the state
 3861  fiscal year, eligible tax credit applications for projects that
 3862  provide homeownership opportunities for low-income or very-low
 3863  income households as defined in s. 420.9071(19) and (28) are
 3864  received for less than the annual tax credits available for
 3865  those projects, the Department of Economic Opportunity Office of
 3866  Tourism, Trade, and Economic Development shall grant tax credits
 3867  for those applications and shall grant remaining tax credits on
 3868  a first-come, first-served basis for any subsequent eligible
 3869  applications received before the end of the state fiscal year.
 3870  If, during the first 10 business days of the state fiscal year,
 3871  eligible tax credit applications for projects that provide
 3872  homeownership opportunities for low-income or very-low-income
 3873  households as defined in s. 420.9071(19) and (28) are received
 3874  for more than the annual tax credits available for those
 3875  projects, the Department of Economic Opportunity office shall
 3876  grant the tax credits for those applications as follows:
 3877         (A) If tax credit applications submitted for approved
 3878  projects of an eligible sponsor do not exceed $200,000 in total,
 3879  the credits shall be granted in full if the tax credit
 3880  applications are approved.
 3881         (B) If tax credit applications submitted for approved
 3882  projects of an eligible sponsor exceed $200,000 in total, the
 3883  amount of tax credits granted pursuant to sub-sub-sub
 3884  subparagraph (A) shall be subtracted from the amount of
 3885  available tax credits, and the remaining credits shall be
 3886  granted to each approved tax credit application on a pro rata
 3887  basis.
 3888         (II) If, during the first 10 business days of the state
 3889  fiscal year, eligible tax credit applications for projects other
 3890  than those that provide homeownership opportunities for low
 3891  income or very-low-income households as defined in s.
 3892  420.9071(19) and (28) are received for less than the annual tax
 3893  credits available for those projects, the Department of Economic
 3894  Opportunity office shall grant tax credits for those
 3895  applications and shall grant remaining tax credits on a first
 3896  come, first-served basis for any subsequent eligible
 3897  applications received before the end of the state fiscal year.
 3898  If, during the first 10 business days of the state fiscal year,
 3899  eligible tax credit applications for projects other than those
 3900  that provide homeownership opportunities for low-income or very
 3901  low-income households as defined in s. 420.9071(19) and (28) are
 3902  received for more than the annual tax credits available for
 3903  those projects, the Department of Economic Opportunity office
 3904  shall grant the tax credits for those applications on a pro rata
 3905  basis.
 3906         3. Application requirements.—
 3907         a. Any eligible sponsor seeking to participate in this
 3908  program must submit a proposal to the Department of Economic
 3909  Opportunity Office of Tourism, Trade, and Economic Development
 3910  which sets forth the name of the sponsor, a description of the
 3911  project, and the area in which the project is located, together
 3912  with such supporting information as is prescribed by rule. The
 3913  proposal must also contain a resolution from the local
 3914  governmental unit in which the project is located certifying
 3915  that the project is consistent with local plans and regulations.
 3916         b. Any person seeking to participate in this program must
 3917  submit an application for tax credit to the Department of
 3918  Economic Opportunity office which sets forth the name of the
 3919  sponsor, a description of the project, and the type, value, and
 3920  purpose of the contribution. The sponsor shall verify the terms
 3921  of the application and indicate its receipt of the contribution,
 3922  which verification must be in writing and accompany the
 3923  application for tax credit. The person must submit a separate
 3924  tax credit application to the Department of Economic Opportunity
 3925  office for each individual contribution that it makes to each
 3926  individual project.
 3927         c. Any person who has received notification from the
 3928  Department of Economic Opportunity office that a tax credit has
 3929  been approved must apply to the department to receive the
 3930  refund. Application must be made on the form prescribed for
 3931  claiming refunds of sales and use taxes and be accompanied by a
 3932  copy of the notification. A person may submit only one
 3933  application for refund to the department within any 12-month
 3934  period.
 3935         4. Administration.—
 3936         a. The Department of Economic Opportunity Office of
 3937  Tourism, Trade, and Economic Development may adopt rules
 3938  pursuant to ss. 120.536(1) and 120.54 necessary to administer
 3939  this paragraph, including rules for the approval or disapproval
 3940  of proposals by a person.
 3941         b. The decision of the Department of Economic Opportunity
 3942  office must be in writing, and, if approved, the notification
 3943  shall state the maximum credit allowable to the person. Upon
 3944  approval, the Department of Economic Opportunity office shall
 3945  transmit a copy of the decision to the Department of Revenue.
 3946         c. The Department of Economic Opportunity office shall
 3947  periodically monitor all projects in a manner consistent with
 3948  available resources to ensure that resources are used in
 3949  accordance with this paragraph; however, each project must be
 3950  reviewed at least once every 2 years.
 3951         d. The Department of Economic Opportunity office shall, in
 3952  consultation with the Department of Community Affairs and the
 3953  statewide and regional housing and financial intermediaries,
 3954  market the availability of the community contribution tax credit
 3955  program to community-based organizations.
 3956         5. Expiration.—This paragraph expires June 30, 2015;
 3957  however, any accrued credit carryover that is unused on that
 3958  date may be used until the expiration of the 3-year carryover
 3959  period for such credit.
 3960         (15) ELECTRICAL ENERGY USED IN AN ENTERPRISE ZONE.—
 3961         (b) To receive this exemption, a business must file an
 3962  application, with the enterprise zone development agency having
 3963  jurisdiction over the enterprise zone where the business is
 3964  located, on a form provided by the department for the purposes
 3965  of this subsection and s. 166.231(8). The application shall be
 3966  made under oath and shall include:
 3967         1. The name and location of the business.
 3968         2. The identifying number assigned pursuant to s. 290.0065
 3969  to the enterprise zone in which the business is located.
 3970         3. The date on which electrical service is to be first
 3971  initiated to the business.
 3972         4. The name and mailing address of the entity from which
 3973  electrical energy is to be purchased.
 3974         5. The date of the application.
 3975         6. The name of the city in which the business is located.
 3976         7. If applicable, the name and address of each permanent
 3977  employee of the business including, for each employee who is a
 3978  resident of an enterprise zone, the identifying number assigned
 3979  pursuant to s. 290.0065 to the enterprise zone in which the
 3980  employee resides.
 3981         8. Whether the business is a small business as defined by
 3982  s. 288.703(1).
 3983         Section 76. Paragraph (b) of subsection (2) of section
 3984  212.096, Florida Statutes, is amended to read:
 3985         212.096 Sales, rental, storage, use tax; enterprise zone
 3986  jobs credit against sales tax.—
 3987         (2)
 3988         (b) The credit shall be computed as 20 percent of the
 3989  actual monthly wages paid in this state to each new employee
 3990  hired when a new job has been created, unless the business is
 3991  located within a rural enterprise zone pursuant to s.
 3992  290.004(6), in which case the credit shall be 30 percent of the
 3993  actual monthly wages paid. If no less than 20 percent of the
 3994  employees of the business are residents of an enterprise zone,
 3995  excluding temporary and part-time employees, the credit shall be
 3996  computed as 30 percent of the actual monthly wages paid in this
 3997  state to each new employee hired when a new job has been
 3998  created, unless the business is located within a rural
 3999  enterprise zone, in which case the credit shall be 45 percent of
 4000  the actual monthly wages paid. If the new employee hired when a
 4001  new job is created is a participant in the welfare transition
 4002  program, the following credit shall be a percent of the actual
 4003  monthly wages paid: 40 percent for $4 above the hourly federal
 4004  minimum wage rate; 41 percent for $5 above the hourly federal
 4005  minimum wage rate; 42 percent for $6 above the hourly federal
 4006  minimum wage rate; 43 percent for $7 above the hourly federal
 4007  minimum wage rate; and 44 percent for $8 above the hourly
 4008  federal minimum wage rate. For purposes of this paragraph,
 4009  monthly wages shall be computed as one-twelfth of the expected
 4010  annual wages paid to such employee. The amount paid as wages to
 4011  a new employee is the compensation paid to such employee that is
 4012  subject to unemployment tax. The credit shall be allowed for up
 4013  to 24 consecutive months, beginning with the first tax return
 4014  due pursuant to s. 212.11 after approval by the department.
 4015         Section 77. Paragraphs (a) and (e) of subsection (1) and
 4016  subsections (4), (6), (7), (10), (11), and (16) of section
 4017  212.097, Florida Statutes, are amended to read:
 4018         212.097 Urban High-Crime Area Job Tax Credit Program.—
 4019         (1) As used in this section, the term:
 4020         (a) “Eligible business” means any sole proprietorship,
 4021  firm, partnership, or corporation that is located in a qualified
 4022  county and is predominantly engaged in, or is headquarters for a
 4023  business predominantly engaged in, activities usually provided
 4024  for consideration by firms classified within the following
 4025  standard industrial classifications: SIC 01-SIC 09 (agriculture,
 4026  forestry, and fishing); SIC 20-SIC 39 (manufacturing); SIC 52
 4027  SIC 57 and SIC 59 (retail); SIC 422 (public warehousing and
 4028  storage); SIC 70 (hotels and other lodging places); SIC 7391
 4029  (research and development); SIC 781 (motion picture production
 4030  and allied services); SIC 7992 (public golf courses); and SIC
 4031  7996 (amusement parks). A call center or similar customer
 4032  service operation that services a multistate market or
 4033  international market is also an eligible business. In addition,
 4034  the Department of Economic Opportunity Office of Tourism, Trade,
 4035  and Economic Development may, as part of its final budget
 4036  request submitted pursuant to s. 216.023, recommend additions to
 4037  or deletions from the list of standard industrial
 4038  classifications used to determine an eligible business, and the
 4039  Legislature may implement such recommendations. Excluded from
 4040  eligible receipts are receipts from retail sales, except such
 4041  receipts for SIC 52-SIC 57 and SIC 59 (retail) hotels and other
 4042  lodging places classified in SIC 70, public golf courses in SIC
 4043  7992, and amusement parks in SIC 7996. For purposes of this
 4044  paragraph, the term “predominantly” means that more than 50
 4045  percent of the business’s gross receipts from all sources is
 4046  generated by those activities usually provided for consideration
 4047  by firms in the specified standard industrial classification.
 4048  The determination of whether the business is located in a
 4049  qualified high-crime area and the tier ranking of that area must
 4050  be based on the date of application for the credit under this
 4051  section. Commonly owned and controlled entities are to be
 4052  considered a single business entity.
 4053         (e) “Qualified high-crime area” means an area selected by
 4054  the Department of Economic Opportunity Office of Tourism, Trade,
 4055  and Economic Development in the following manner: every third
 4056  year, the Department of Economic Opportunity Office shall rank
 4057  and tier those areas nominated under subsection (7), according
 4058  to the following prioritized criteria:
 4059         1. Highest arrest rates within the geographic area for
 4060  violent crime and for such other crimes as drug sale, drug
 4061  possession, prostitution, vandalism, and civil disturbances;
 4062         2. Highest reported crime volume and rate of specific
 4063  property crimes such as business and residential burglary, motor
 4064  vehicle theft, and vandalism;
 4065         3. Highest percentage of reported index crimes that are
 4066  violent in nature;
 4067         4. Highest overall index crime volume for the area; and
 4068         5. Highest overall index crime rate for the geographic
 4069  area.
 4070  
 4071  Tier-one areas are ranked 1 through 5 and represent the highest
 4072  crime areas according to this ranking. Tier-two areas are ranked
 4073  6 through 10 according to this ranking. Tier-three areas are
 4074  ranked 11 through 15. Notwithstanding this definition,
 4075  “qualified high-crime area” also means an area that has been
 4076  designated as a federal Empowerment Zone pursuant to the
 4077  Taxpayer Relief Act of 1997. Such a designated area is ranked in
 4078  tier three until the areas are reevaluated by the Department of
 4079  Economic Opportunity Office of Tourism, Trade, and Economic
 4080  Development.
 4081         (4) For any new eligible business receiving a credit
 4082  pursuant to subsection (2), an additional $500 credit shall be
 4083  provided for any qualified employee who is a welfare transition
 4084  program participant. For any existing eligible business
 4085  receiving a credit pursuant to subsection (3), an additional
 4086  $500 credit shall be provided for any qualified employee who is
 4087  a welfare transition program participant. Such employee must be
 4088  employed on the application date and have been employed less
 4089  than 1 year. This credit shall be in addition to other credits
 4090  pursuant to this section regardless of the tier-level of the
 4091  high-crime area. Appropriate documentation concerning the
 4092  eligibility of an employee for this credit must be submitted as
 4093  determined by the Department of Revenue.
 4094         (6) Any county or municipality, or a county and one or more
 4095  municipalities together, may apply to the Department of Economic
 4096  Opportunity Office of Tourism, Trade, and Economic Development
 4097  for the designation of an area as a high-crime area after the
 4098  adoption by the governing body or bodies of a resolution that:
 4099         (a) Finds that a high-crime area exists in such county or
 4100  municipality, or in both the county and one or more
 4101  municipalities, which chronically exhibits extreme and
 4102  unacceptable levels of poverty, unemployment, physical
 4103  deterioration, and economic disinvestment;
 4104         (b) Determines that the rehabilitation, conservation, or
 4105  redevelopment, or a combination thereof, of such a high-crime
 4106  area is necessary in the interest of the health, safety, and
 4107  welfare of the residents of such county or municipality, or such
 4108  county and one or more municipalities; and
 4109         (c) Determines that the revitalization of such a high-crime
 4110  area can occur if the public sector or private sector can be
 4111  induced to invest its own resources in productive enterprises
 4112  that build or rebuild the economic viability of the area.
 4113         (7) The governing body of the entity nominating the area
 4114  shall provide to the Department of Economic Opportunity Office
 4115  of Tourism, Trade, and Economic Development the following:
 4116         (a) The overall index crime rate for the geographic area;
 4117         (b) The overall index crime volume for the area;
 4118         (c) The percentage of reported index crimes that are
 4119  violent in nature;
 4120         (d) The reported crime volume and rate of specific property
 4121  crimes such as business and residential burglary, motor vehicle
 4122  theft, and vandalism; and
 4123         (e) The arrest rates within the geographic area for violent
 4124  crime and for such other crimes as drug sale, drug possession,
 4125  prostitution, disorderly conduct, vandalism, and other public
 4126  order offenses.
 4127         (10)(a) In order to claim this credit, an eligible business
 4128  must file under oath with the Department of Economic Opportunity
 4129  Office of Tourism, Trade, and Economic Development a statement
 4130  that includes the name and address of the eligible business and
 4131  any other information that is required to process the
 4132  application.
 4133         (b) Applications shall be reviewed and certified pursuant
 4134  to s. 288.061.
 4135         (c) The maximum credit amount that may be approved during
 4136  any calendar year is $5 million, of which $1 million shall be
 4137  exclusively reserved for tier-one areas. The Department of
 4138  Revenue, in conjunction with the Department of Economic
 4139  Opportunity Office of Tourism, Trade, and Economic Development,
 4140  shall notify the governing bodies in areas designated as urban
 4141  high-crime areas when the $5 million maximum amount has been
 4142  reached. Applications must be considered for approval in the
 4143  order in which they are received without regard to whether the
 4144  credit is for a new or existing business. This limitation
 4145  applies to the value of the credit as contained in approved
 4146  applications. Approved credits may be taken in the time and
 4147  manner allowed pursuant to this section.
 4148         (11) If the application is insufficient to support the
 4149  credit authorized in this section, the Department of Economic
 4150  Opportunity Office of Tourism, Trade, and Economic Development
 4151  shall deny the credit and notify the business of that fact. The
 4152  business may reapply for this credit within 3 months after such
 4153  notification.
 4154         (16) The Department of Revenue shall adopt rules governing
 4155  the manner and form of applications for credit and may establish
 4156  guidelines concerning the requisites for an affirmative showing
 4157  of qualification for the credit under this section.
 4158         Section 78. Paragraphs (a) and (c) of subsection (1) and
 4159  subsections (6) and (7), of section 212.098, Florida Statutes,
 4160  are amended to read:
 4161         212.098 Rural Job Tax Credit Program.—
 4162         (1) As used in this section, the term:
 4163         (a) “Eligible business” means any sole proprietorship,
 4164  firm, partnership, or corporation that is located in a qualified
 4165  county and is predominantly engaged in, or is headquarters for a
 4166  business predominantly engaged in, activities usually provided
 4167  for consideration by firms classified within the following
 4168  standard industrial classifications: SIC 01-SIC 09 (agriculture,
 4169  forestry, and fishing); SIC 20-SIC 39 (manufacturing); SIC 422
 4170  (public warehousing and storage); SIC 70 (hotels and other
 4171  lodging places); SIC 7391 (research and development); SIC 781
 4172  (motion picture production and allied services); SIC 7992
 4173  (public golf courses); SIC 7996 (amusement parks); and a
 4174  targeted industry eligible for the qualified target industry
 4175  business tax refund under s. 288.106. A call center or similar
 4176  customer service operation that services a multistate market or
 4177  an international market is also an eligible business. In
 4178  addition, the Department of Economic Opportunity Office of
 4179  Tourism, Trade, and Economic Development may, as part of its
 4180  final budget request submitted pursuant to s. 216.023, recommend
 4181  additions to or deletions from the list of standard industrial
 4182  classifications used to determine an eligible business, and the
 4183  Legislature may implement such recommendations. Excluded from
 4184  eligible receipts are receipts from retail sales, except such
 4185  receipts for hotels and other lodging places classified in SIC
 4186  70, public golf courses in SIC 7992, and amusement parks in SIC
 4187  7996. For purposes of this paragraph, the term “predominantly”
 4188  means that more than 50 percent of the business’s gross receipts
 4189  from all sources is generated by those activities usually
 4190  provided for consideration by firms in the specified standard
 4191  industrial classification. The determination of whether the
 4192  business is located in a qualified county and the tier ranking
 4193  of that county must be based on the date of application for the
 4194  credit under this section. Commonly owned and controlled
 4195  entities are to be considered a single business entity.
 4196         (c) “Qualified area” means any area that is contained
 4197  within a rural area of critical economic concern designated
 4198  under s. 288.0656, a county that has a population of fewer than
 4199  75,000 persons, or a county that has a population of 125,000 or
 4200  less and is contiguous to a county that has a population of less
 4201  than 75,000, selected in the following manner: every third year,
 4202  the Department of Economic Opportunity Office of Tourism, Trade,
 4203  and Economic Development shall rank and tier the state’s
 4204  counties according to the following four factors:
 4205         1. Highest unemployment rate for the most recent 36-month
 4206  period.
 4207         2. Lowest per capita income for the most recent 36-month
 4208  period.
 4209         3. Highest percentage of residents whose incomes are below
 4210  the poverty level, based upon the most recent data available.
 4211         4. Average weekly manufacturing wage, based upon the most
 4212  recent data available.
 4213         (6)(a) In order to claim this credit, an eligible business
 4214  must file under oath with the Department of Economic Opportunity
 4215  Office of Tourism, Trade, and Economic Development a statement
 4216  that includes the name and address of the eligible business, the
 4217  starting salary or hourly wages paid to the new employee, and
 4218  any other information that the Department of Revenue requires.
 4219         (b) Pursuant to the incentive review process under s.
 4220  288.061, the Department of Economic Opportunity Within 30
 4221  working days after receipt of an application for credit, the
 4222  Office of Tourism, Trade, and Economic Development shall review
 4223  the application to determine whether it contains all the
 4224  information required by this subsection and meets the criteria
 4225  set out in this section. Subject to the provisions of paragraph
 4226  (c), the Department of Economic Opportunity Office of Tourism,
 4227  Trade, and Economic Development shall approve all applications
 4228  that contain the information required by this subsection and
 4229  meet the criteria set out in this section as eligible to receive
 4230  a credit.
 4231         (c) The maximum credit amount that may be approved during
 4232  any calendar year is $5 million. The Department of Revenue, in
 4233  conjunction with the Department of Economic Opportunity Office
 4234  of Tourism, Trade, and Economic Development, shall notify the
 4235  governing bodies in areas designated as qualified counties when
 4236  the $5 million maximum amount has been reached. Applications
 4237  must be considered for approval in the order in which they are
 4238  received without regard to whether the credit is for a new or
 4239  existing business. This limitation applies to the value of the
 4240  credit as contained in approved applications. Approved credits
 4241  may be taken in the time and manner allowed pursuant to this
 4242  section.
 4243         (d) A business may not receive more than $500,000 of tax
 4244  credits under this section during any one calendar year.
 4245         (7) If the application is insufficient to support the
 4246  credit authorized in this section, the Department of Economic
 4247  Opportunity Office of Tourism, Trade, and Economic Development
 4248  shall deny the credit and notify the business of that fact. The
 4249  business may reapply for this credit within 3 months after such
 4250  notification.
 4251         Section 79. Paragraph (d) of subsection (6) of section
 4252  212.20, Florida Statutes, is amended to read:
 4253         212.20 Funds collected, disposition; additional powers of
 4254  department; operational expense; refund of taxes adjudicated
 4255  unconstitutionally collected.—
 4256         (6) Distribution of all proceeds under this chapter and s.
 4257  202.18(1)(b) and (2)(b) shall be as follows:
 4258         (d) The proceeds of all other taxes and fees imposed
 4259  pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
 4260  and (2)(b) shall be distributed as follows:
 4261         1. In any fiscal year, the greater of $500 million, minus
 4262  an amount equal to 4.6 percent of the proceeds of the taxes
 4263  collected pursuant to chapter 201, or 5.2 percent of all other
 4264  taxes and fees imposed pursuant to this chapter or remitted
 4265  pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
 4266  monthly installments into the General Revenue Fund.
 4267         2. After the distribution under subparagraph 1., 8.814
 4268  percent of the amount remitted by a sales tax dealer located
 4269  within a participating county pursuant to s. 218.61 shall be
 4270  transferred into the Local Government Half-cent Sales Tax
 4271  Clearing Trust Fund. Beginning July 1, 2003, the amount to be
 4272  transferred shall be reduced by 0.1 percent, and the department
 4273  shall distribute this amount to the Public Employees Relations
 4274  Commission Trust Fund less $5,000 each month, which shall be
 4275  added to the amount calculated in subparagraph 3. and
 4276  distributed accordingly.
 4277         3. After the distribution under subparagraphs 1. and 2.,
 4278  0.095 percent shall be transferred to the Local Government Half
 4279  cent Sales Tax Clearing Trust Fund and distributed pursuant to
 4280  s. 218.65.
 4281         4. After the distributions under subparagraphs 1., 2., and
 4282  3., 2.0440 percent of the available proceeds shall be
 4283  transferred monthly to the Revenue Sharing Trust Fund for
 4284  Counties pursuant to s. 218.215.
 4285         5. After the distributions under subparagraphs 1., 2., and
 4286  3., 1.3409 percent of the available proceeds shall be
 4287  transferred monthly to the Revenue Sharing Trust Fund for
 4288  Municipalities pursuant to s. 218.215. If the total revenue to
 4289  be distributed pursuant to this subparagraph is at least as
 4290  great as the amount due from the Revenue Sharing Trust Fund for
 4291  Municipalities and the former Municipal Financial Assistance
 4292  Trust Fund in state fiscal year 1999-2000, no municipality shall
 4293  receive less than the amount due from the Revenue Sharing Trust
 4294  Fund for Municipalities and the former Municipal Financial
 4295  Assistance Trust Fund in state fiscal year 1999-2000. If the
 4296  total proceeds to be distributed are less than the amount
 4297  received in combination from the Revenue Sharing Trust Fund for
 4298  Municipalities and the former Municipal Financial Assistance
 4299  Trust Fund in state fiscal year 1999-2000, each municipality
 4300  shall receive an amount proportionate to the amount it was due
 4301  in state fiscal year 1999-2000.
 4302         6. Of the remaining proceeds:
 4303         a. In each fiscal year, the sum of $29,915,500 shall be
 4304  divided into as many equal parts as there are counties in the
 4305  state, and one part shall be distributed to each county. The
 4306  distribution among the several counties must begin each fiscal
 4307  year on or before January 5th and continue monthly for a total
 4308  of 4 months. If a local or special law required that any moneys
 4309  accruing to a county in fiscal year 1999-2000 under the then
 4310  existing provisions of s. 550.135 be paid directly to the
 4311  district school board, special district, or a municipal
 4312  government, such payment must continue until the local or
 4313  special law is amended or repealed. The state covenants with
 4314  holders of bonds or other instruments of indebtedness issued by
 4315  local governments, special districts, or district school boards
 4316  before July 1, 2000, that it is not the intent of this
 4317  subparagraph to adversely affect the rights of those holders or
 4318  relieve local governments, special districts, or district school
 4319  boards of the duty to meet their obligations as a result of
 4320  previous pledges or assignments or trusts entered into which
 4321  obligated funds received from the distribution to county
 4322  governments under then-existing s. 550.135. This distribution
 4323  specifically is in lieu of funds distributed under s. 550.135
 4324  before July 1, 2000.
 4325         b. The department shall distribute $166,667 monthly
 4326  pursuant to s. 288.1162 to each applicant certified as a
 4327  facility for a new or retained professional sports franchise
 4328  pursuant to s. 288.1162. Up to $41,667 shall be distributed
 4329  monthly by the department to each certified applicant as defined
 4330  in s. 288.11621 for a facility for a spring training franchise.
 4331  However, not more than $416,670 may be distributed monthly in
 4332  the aggregate to all certified applicants for facilities for
 4333  spring training franchises. Distributions begin 60 days after
 4334  such certification and continue for not more than 30 years,
 4335  except as otherwise provided in s. 288.11621. A certified
 4336  applicant identified in this sub-subparagraph may not receive
 4337  more in distributions than expended by the applicant for the
 4338  public purposes provided for in s. 288.1162(5) or s.
 4339  288.11621(3).
 4340         c. Beginning 30 days after notice by the Department of
 4341  Economic Opportunity Office of Tourism, Trade, and Economic
 4342  Development to the Department of Revenue that an applicant has
 4343  been certified as the professional golf hall of fame pursuant to
 4344  s. 288.1168 and is open to the public, $166,667 shall be
 4345  distributed monthly, for up to 300 months, to the applicant.
 4346         d. Beginning 30 days after notice by the Department of
 4347  Economic Opportunity Office of Tourism, Trade, and Economic
 4348  Development to the Department of Revenue that the applicant has
 4349  been certified as the International Game Fish Association World
 4350  Center facility pursuant to s. 288.1169, and the facility is
 4351  open to the public, $83,333 shall be distributed monthly, for up
 4352  to 168 months, to the applicant. This distribution is subject to
 4353  reduction pursuant to s. 288.1169. A lump sum payment of
 4354  $999,996 shall be made, after certification and before July 1,
 4355  2000.
 4356         7. All other proceeds must remain in the General Revenue
 4357  Fund.
 4358         Section 80. Subsection (4), paragraph (a) of subsection
 4359  (7), paragraphs (k) through (cc) of subsection (8), and
 4360  subsections (19), (20), and (21) of section 213.053, Florida
 4361  Statutes, as amended by chapter 2010-280, Laws of Florida, are
 4362  amended, to read:
 4363         213.053 Confidentiality and information sharing.—
 4364         (4) The department, while providing unemployment tax
 4365  collection services under contract with the Department of
 4366  Economic Opportunity Agency for Workforce Innovation through an
 4367  interagency agreement pursuant to s. 443.1316, may release
 4368  unemployment tax rate information to the agent of an employer,
 4369  which agent provides payroll services for more than 100 500
 4370  employers, pursuant to the terms of a memorandum of
 4371  understanding. The memorandum of understanding must state that
 4372  the agent affirms, subject to the criminal penalties contained
 4373  in ss. 443.171 and 443.1715, that the agent will retain the
 4374  confidentiality of the information, that the agent has in effect
 4375  a power of attorney from the employer which permits the agent to
 4376  obtain unemployment tax rate information, and that the agent
 4377  shall provide the department with a copy of the employer’s power
 4378  of attorney upon request.
 4379         (7)(a) Any information received by the Department of
 4380  Revenue in connection with the administration of taxes,
 4381  including, but not limited to, information contained in returns,
 4382  reports, accounts, or declarations filed by persons subject to
 4383  tax, shall be made available to the following in performance of
 4384  their official duties:
 4385         1. The Auditor General or his or her authorized agent;
 4386         2. The director of the Office of Program Policy Analysis
 4387  and Government Accountability or his or her authorized agent;
 4388         3. The Chief Financial Officer or his or her authorized
 4389  agent;
 4390         4. The Director of the Office of Insurance Regulation of
 4391  the Financial Services Commission or his or her authorized
 4392  agent;
 4393         5. A property appraiser or tax collector or their
 4394  authorized agents pursuant to s. 195.084(1); or
 4395         6. Designated employees of the Department of Education
 4396  solely for determination of each school district’s price level
 4397  index pursuant to s. 1011.62(2); and.
 4398         7. The executive director of the Department of Economic
 4399  Opportunity or his or her authorized agent.
 4400         (8) Notwithstanding any other provision of this section,
 4401  the department may provide:
 4402         (k)1. Payment information relative to chapters 199, 201,
 4403  202, 212, 220, 221, and 624 to the Office of Tourism, Trade, and
 4404  Economic Development, or its employees or agents that are
 4405  identified in writing by the office to the department, in the
 4406  administration of the tax refund program for qualified defense
 4407  contractors and space flight business contractors authorized by
 4408  s. 288.1045 and the tax refund program for qualified target
 4409  industry businesses authorized by s. 288.106.
 4410         2. Information relative to tax credits taken by a business
 4411  under s. 220.191 and exemptions or tax refunds received by a
 4412  business under s. 212.08(5)(j) to the Office of Tourism, Trade,
 4413  and Economic Development, or its employees or agents that are
 4414  identified in writing by the office to the department, in the
 4415  administration and evaluation of the capital investment tax
 4416  credit program authorized in s. 220.191 and the semiconductor,
 4417  defense, and space tax exemption program authorized in s.
 4418  212.08(5)(j).
 4419         3. Information relative to tax credits taken by a taxpayer
 4420  pursuant to the tax credit programs created in ss. 193.017;
 4421  212.08(5)(g),(h),(n),(o) and (p); 212.08(15); 212.096; 212.097;
 4422  212.098; 220.181; 220.182; 220.183; 220.184; 220.1845; 220.185;
 4423  220.1895; 220.19; 220.191; 220.192; 220.193; 288.0656; 288.99;
 4424  290.007; 376.30781; 420.5093; 420.5099; 550.0951; 550.26352;
 4425  550.2704; 601.155; 624.509; 624.510; 624.5105; and 624.5107 to
 4426  the Office of Tourism, Trade, and Economic Development, or its
 4427  employees or agents that are identified in writing by the office
 4428  to the department, for use in the administration or evaluation
 4429  of such programs.
 4430         (k)(l) Information relative to chapter 212 and the Bill of
 4431  Lading Program to the Office of Agriculture Law Enforcement of
 4432  the Department of Agriculture and Consumer Services in the
 4433  conduct of its official duties.
 4434         (l)(m) Information relative to chapter 198 to the Agency
 4435  for Health Care Administration in the conduct of its official
 4436  business relating to ss. 409.901-409.9101.
 4437         (m)(n) Information contained in returns, reports, accounts,
 4438  or declarations to the Board of Accountancy in connection with a
 4439  disciplinary proceeding conducted pursuant to chapter 473 when
 4440  related to a certified public accountant participating in the
 4441  certified audits project, or to the court in connection with a
 4442  civil proceeding brought by the department relating to a claim
 4443  for recovery of taxes due to negligence on the part of a
 4444  certified public accountant participating in the certified
 4445  audits project. In any judicial proceeding brought by the
 4446  department, upon motion for protective order, the court shall
 4447  limit disclosure of tax information when necessary to effectuate
 4448  the purposes of this section.
 4449         (n)(o) Information relative to ss. 376.70 and 376.75 to the
 4450  Department of Environmental Protection in the conduct of its
 4451  official business and to the facility owner, facility operator,
 4452  and real property owners as defined in s. 376.301.
 4453         (o)(p) Information relative to ss. 220.1845 and 376.30781
 4454  to the Department of Environmental Protection in the conduct of
 4455  its official business.
 4456         (p)(q) Names, addresses, and sales tax registration
 4457  information to the Division of Consumer Services of the
 4458  Department of Agriculture and Consumer Services in the conduct
 4459  of its official duties.
 4460         (q)(r) Information relative to the returns required by ss.
 4461  175.111 and 185.09 to the Department of Management Services in
 4462  the conduct of its official duties. The Department of Management
 4463  Services is, in turn, authorized to disclose payment information
 4464  to a governmental agency or the agency’s agent for purposes
 4465  related to budget preparation, auditing, revenue or financial
 4466  administration, or administration of chapters 175 and 185.
 4467         (r)(s) Names, addresses, and federal employer
 4468  identification numbers, or similar identifiers, to the
 4469  Department of Highway Safety and Motor Vehicles for use in the
 4470  conduct of its official duties.
 4471         (t) Information relative to the tax exemptions under ss.
 4472  212.031, 212.06, and 212.08 for those persons qualified under s.
 4473  288.1258 to the Office of Film and Entertainment. The Department
 4474  of Revenue shall provide the Office of Film and Entertainment
 4475  with information in the aggregate.
 4476         (s)(u) Information relative to ss. 211.0251, 212.1831,
 4477  220.1875, 561.1211, 624.51055, and 1002.395 to the Department of
 4478  Education and the Division of Alcoholic Beverages and Tobacco in
 4479  the conduct of official business.
 4480         (t)(v) Information relative to chapter 202 to each local
 4481  government that imposes a tax pursuant to s. 202.19 in the
 4482  conduct of its official duties as specified in chapter 202.
 4483  Information provided under this paragraph may include, but is
 4484  not limited to, any reports required pursuant to s. 202.231,
 4485  audit files, notices of intent to audit, tax returns, and other
 4486  confidential tax information in the department’s possession
 4487  relating to chapter 202. A person or an entity designated by the
 4488  local government in writing to the department as requiring
 4489  access to confidential taxpayer information shall have
 4490  reasonable access to information provided pursuant to this
 4491  paragraph. Such person or entity may disclose such information
 4492  to other persons or entities with direct responsibility for
 4493  budget preparation, auditing, revenue or financial
 4494  administration, or legal counsel. Such information shall only be
 4495  used for purposes related to budget preparation, auditing, and
 4496  revenue and financial administration. Any confidential and
 4497  exempt information furnished to a local government, or to any
 4498  person or entity designated by the local government as
 4499  authorized by this paragraph may not be further disclosed by the
 4500  recipient except as provided by this paragraph.
 4501         (w) Tax registration information to the Agency for
 4502  Workforce Innovation for use in the conduct of its official
 4503  duties, which information may not be redisclosed by the Agency
 4504  for Workforce Innovation.
 4505         (u)(x) Rental car surcharge revenues authorized by s.
 4506  212.0606, reported according to the county to which the
 4507  surcharge was attributed to the Department of Transportation.
 4508         (v)(y) Information relative to ss. 212.08(7)(ccc) and
 4509  220.192 to the Department of Agriculture and Consumer Services
 4510  Florida Energy and Climate Commission for use in the conduct of
 4511  its official business.
 4512         (w)(z) Taxpayer names and identification numbers for the
 4513  purposes of information-sharing agreements with financial
 4514  institutions pursuant to s. 213.0532.
 4515         (x)(aa) Information relative to chapter 212 to the
 4516  Department of Environmental Protection in the conduct of its
 4517  official duties in the administration of s. 253.03(7)(b) and
 4518  (11).
 4519         (bb)Information relative to tax credits taken under s.
 4520  288.1254 to the Office of Film and Entertainment and the Office
 4521  of Tourism, Trade, and Economic Development.
 4522         (y)(cc) Information relative to ss. 253.03(8) and 253.0325
 4523  to the Department of Environmental Protection in the conduct of
 4524  its official business.
 4525  
 4526  Disclosure of information under this subsection shall be
 4527  pursuant to a written agreement between the executive director
 4528  and the agency. Such agencies, governmental or nongovernmental,
 4529  shall be bound by the same requirements of confidentiality as
 4530  the Department of Revenue. Breach of confidentiality is a
 4531  misdemeanor of the first degree, punishable as provided by s.
 4532  775.082 or s. 775.083.
 4533         (19)The department may disclose information relative to
 4534  tax credits taken by a taxpayer pursuant to s. 288.9916 to the
 4535  Office of Tourism, Trade, and Economic Development or its
 4536  employees or agents. Such employees must be identified in
 4537  writing by the office to the department. All information
 4538  disclosed under this subsection is subject to the same
 4539  requirements of confidentiality and the same penalties for
 4540  violation of the requirements as the department.
 4541         (19)(20)(a) The department may publish a list of taxpayers
 4542  against whom the department has filed a warrant, notice of lien,
 4543  or judgment lien certificate. The list may include the name and
 4544  address of each taxpayer; the amounts and types of delinquent
 4545  taxes, fees, or surcharges, penalties, or interest; and the
 4546  employer identification number or other taxpayer identification
 4547  number.
 4548         (b) The department shall update the list at least monthly
 4549  to reflect payments for resolution of deficiencies and to
 4550  otherwise add or remove taxpayers from the list.
 4551         (c) The department may adopt rules to administer this
 4552  subsection.
 4553         (20)(21) The department may disclose information relating
 4554  to taxpayers against whom the department has filed a warrant,
 4555  notice of lien, or judgment lien certificate. Such information
 4556  includes the name and address of the taxpayer, the actions
 4557  taken, the amounts and types of liabilities, and the amount of
 4558  any collections made.
 4559         Section 81. Subsection (1) of section 215.5588, Florida
 4560  Statutes, is amended to read:
 4561         215.5588 Florida Disaster Recovery Program.—
 4562         (1) The Department of Economic Opportunity Community
 4563  Affairs shall implement the 2006 Disaster Recovery Program from
 4564  funds provided through the Emergency Supplemental Appropriations
 4565  Act for Defense, the Global War on Terror, and Hurricane
 4566  Recovery, 2006, for the purpose of assisting local governments
 4567  in satisfying disaster recovery needs in the areas of low-income
 4568  housing and infrastructure, with a primary focus on the
 4569  hardening of single-family and multifamily housing units, not
 4570  only to ensure that affordable housing can withstand the effects
 4571  of hurricane-force winds, but also to mitigate the increasing
 4572  costs of insurance, which may ultimately render existing
 4573  affordable homes unaffordable or uninsurable. This section does
 4574  not create an entitlement for local governments or property
 4575  owners or obligate the state in any way to fund disaster
 4576  recovery needs.
 4577         Section 82. Paragraph (b) of subsection (8) of section
 4578  216.136, Florida Statutes, is amended to read:
 4579         216.136 Consensus estimating conferences; duties and
 4580  principals.—
 4581         (8) EARLY LEARNING PROGRAMS ESTIMATING CONFERENCE.—
 4582         (b) The Office of Early Learning Agency for Workforce
 4583  Innovation shall provide information on needs and waiting lists
 4584  for school readiness programs, and information on the needs for
 4585  the Voluntary Prekindergarten Education Program, as requested by
 4586  the Early Learning Programs Estimating Conference or individual
 4587  conference principals in a timely manner.
 4588         Section 83. Paragraph (a) of subsection (6) of section
 4589  216.292, Florida Statutes, is amended to read:
 4590         216.292 Appropriations nontransferable; exceptions.—
 4591         (6) The Chief Financial Officer shall transfer from any
 4592  available funds of an agency or the judicial branch the
 4593  following amounts and shall report all such transfers and the
 4594  reasons therefor to the legislative appropriations committees
 4595  and the Executive Office of the Governor:
 4596         (a) The amount due to the Unemployment Compensation Trust
 4597  Fund which is more than 90 days delinquent on reimbursements due
 4598  to the Unemployment Compensation Trust Fund. The amount
 4599  transferred shall be that certified by the state agency
 4600  providing unemployment tax collection services under contract
 4601  with the Department of Economic Opportunity Agency for Workforce
 4602  Innovation through an interagency agreement pursuant to s.
 4603  443.1316.
 4604         Section 84. Subsection (1) of section 216.231, Florida
 4605  Statutes, is amended to read:
 4606         216.231 Release of certain classified appropriations.—
 4607         (1)(a) Any appropriation to the Executive Office of the
 4608  Governor which is classified as an emergency, as defined in s.
 4609  252.34(3), may be released only with the approval of the
 4610  Governor. The state agency, or the judicial branch, desiring the
 4611  use of the emergency appropriation shall submit to the Executive
 4612  Office of the Governor application therefor in writing setting
 4613  forth the facts from which the alleged need arises. The
 4614  Executive Office of the Governor shall, at a public hearing,
 4615  review such application promptly and approve or disapprove the
 4616  applications as the circumstances may warrant. All actions of
 4617  the Executive Office of the Governor shall be reported to the
 4618  legislative appropriations committees, and the committees may
 4619  advise the Executive Office of the Governor relative to the
 4620  release of such funds.
 4621         (b) The release of appropriated funds classified as
 4622  “emergency” shall be approved only if when an act or
 4623  circumstance caused by an act of God, civil disturbance, natural
 4624  disaster, or other circumstance of an emergency nature
 4625  threatens, endangers, or damages the property, safety, health,
 4626  or welfare of the state or its residents citizens, which
 4627  condition has not been provided for in appropriation acts of the
 4628  Legislature. Funds allocated for this purpose may be used to pay
 4629  overtime pay to personnel of agencies called upon to perform
 4630  extra duty because of any civil disturbance or other emergency
 4631  as defined in s. 252.34(3) and to provide the required state
 4632  match for federal grants under the federal Disaster Relief Act.
 4633         Section 85. Subsection (2) of section 218.32, Florida
 4634  Statutes, is amended to read
 4635         218.32 Annual financial reports; local governmental
 4636  entities.—
 4637         (2) The department shall annually by December 1 file a
 4638  verified report with the Governor, the Legislature, the Auditor
 4639  General, and the Special District Information Program of the
 4640  Department of Economic Opportunity Community Affairs showing the
 4641  revenues, both locally derived and derived from
 4642  intergovernmental transfers, and the expenditures of each local
 4643  governmental entity, regional planning council, local government
 4644  finance commission, and municipal power corporation that is
 4645  required to submit an annual financial report. The report must
 4646  include, but is not limited to:
 4647         (a) The total revenues and expenditures of each local
 4648  governmental entity that is a component unit included in the
 4649  annual financial report of the reporting entity.
 4650         (b) The amount of outstanding long-term debt by each local
 4651  governmental entity. For purposes of this paragraph, the term
 4652  “long-term debt” means any agreement or series of agreements to
 4653  pay money, which, at inception, contemplate terms of payment
 4654  exceeding 1 year in duration.
 4655         Section 86. Paragraph (g) of subsection (1) of section
 4656  218.37, Florida Statutes, is amended to read:
 4657         218.37 Powers and duties of Division of Bond Finance;
 4658  advisory council.—
 4659         (1) The Division of Bond Finance of the State Board of
 4660  Administration, with respect to both general obligation bonds
 4661  and revenue bonds, shall:
 4662         (g) By January 1 each year, provide the Special District
 4663  Information Program of the Department of Economic Opportunity
 4664  Community Affairs with a list of special districts that are not
 4665  in compliance with the requirements in s. 218.38.
 4666         Section 87. Paragraph (a) of subsection (3) of section
 4667  218.64, Florida Statutes, is amended to read:
 4668         218.64 Local government half-cent sales tax; uses;
 4669  limitations.—
 4670         (3) Subject to ordinances enacted by the majority of the
 4671  members of the county governing authority and by the majority of
 4672  the members of the governing authorities of municipalities
 4673  representing at least 50 percent of the municipal population of
 4674  such county, counties may use up to $2 million annually of the
 4675  local government half-cent sales tax allocated to that county
 4676  for funding for any of the following applicants:
 4677         (a) A certified applicant as a facility for a new or
 4678  retained professional sports franchise under s. 288.1162 or a
 4679  certified applicant as defined in s. 288.11621 for a facility
 4680  for a spring training franchise. It is the Legislature’s intent
 4681  that the provisions of s. 288.1162, including, but not limited
 4682  to, the evaluation process by the Department of Economic
 4683  Opportunity Office of Tourism, Trade, and Economic Development
 4684  except for the limitation on the number of certified applicants
 4685  or facilities as provided in that section and the restrictions
 4686  set forth in s. 288.1162(8), shall apply to an applicant’s
 4687  facility to be funded by local government as provided in this
 4688  subsection.
 4689         Section 88. Paragraph (ff) of subsection (1) of section
 4690  220.03, Florida Statutes, is amended to read:
 4691         220.03 Definitions.—
 4692         (1) SPECIFIC TERMS.—When used in this code, and when not
 4693  otherwise distinctly expressed or manifestly incompatible with
 4694  the intent thereof, the following terms shall have the following
 4695  meanings:
 4696         (ff) “Job” means a full-time position, as consistent with
 4697  terms used by the Department of Economic Opportunity Agency for
 4698  Workforce Innovation and the United States Department of Labor
 4699  for purposes of unemployment compensation tax administration and
 4700  employment estimation resulting directly from business
 4701  operations in this state. The term may not include a temporary
 4702  construction job involved with the construction of facilities or
 4703  any job that has previously been included in any application for
 4704  tax credits under s. 212.096. The term also includes employment
 4705  of an employee leased from an employee leasing company licensed
 4706  under chapter 468 if the employee has been continuously leased
 4707  to the employer for an average of at least 36 hours per week for
 4708  more than 6 months.
 4709         Section 89. Paragraph (a) of subsection (1) and paragraph
 4710  (g) of subsection (2) of section 220.181, Florida Statutes, are
 4711  amended to read:
 4712         220.181 Enterprise zone jobs credit.—
 4713         (1)(a) There shall be allowed a credit against the tax
 4714  imposed by this chapter to any business located in an enterprise
 4715  zone which demonstrates to the department that, on the date of
 4716  application, the total number of full-time jobs is greater than
 4717  the total was 12 months before prior to that date. The credit
 4718  shall be computed as 20 percent of the actual monthly wages paid
 4719  in this state to each new employee hired when a new job has been
 4720  created, as defined under s. 220.03(1)(ee), unless the business
 4721  is located in a rural enterprise zone, pursuant to s.
 4722  290.004(6), in which case the credit shall be 30 percent of the
 4723  actual monthly wages paid. If no less than 20 percent of the
 4724  employees of the business are residents of an enterprise zone,
 4725  excluding temporary and part-time employees, the credit shall be
 4726  computed as 30 percent of the actual monthly wages paid in this
 4727  state to each new employee hired when a new job has been
 4728  created, unless the business is located in a rural enterprise
 4729  zone, in which case the credit shall be 45 percent of the actual
 4730  monthly wages paid, for a period of up to 24 consecutive months.
 4731  If the new employee hired when a new job is created is a
 4732  participant in the welfare transition program, the following
 4733  credit shall be a percent of the actual monthly wages paid: 40
 4734  percent for $4 above the hourly federal minimum wage rate; 41
 4735  percent for $5 above the hourly federal minimum wage rate; 42
 4736  percent for $6 above the hourly federal minimum wage rate; 43
 4737  percent for $7 above the hourly federal minimum wage rate; and
 4738  44 percent for $8 above the hourly federal minimum wage rate.
 4739         (2) When filing for an enterprise zone jobs credit, a
 4740  business must file under oath with the governing body or
 4741  enterprise zone development agency having jurisdiction over the
 4742  enterprise zone where the business is located, as applicable, a
 4743  statement which includes:
 4744         (g) Whether the business is a small business as defined by
 4745  s. 288.703(1).
 4746         Section 90. Subsection (13) of section 220.182, Florida
 4747  Statutes, is amended to read:
 4748         220.182 Enterprise zone property tax credit.—
 4749         (13) When filing for an enterprise zone property tax
 4750  credit, a business shall indicate whether the business is a
 4751  small business as defined by s. 288.703(1).
 4752         Section 91. Paragraph (d) of subsection (1), paragraphs
 4753  (b), (c), and (d) of subsection (2), and subsections (3), and
 4754  (4) of section 220.183, Florida Statutes, are amended to read:
 4755         220.183 Community contribution tax credit.—
 4756         (1) AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX
 4757  CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM
 4758  SPENDING.—
 4759         (d) All proposals for the granting of the tax credit shall
 4760  require the prior approval of the Department of Economic
 4761  Opportunity Office of Tourism, Trade, and Economic Development.
 4762         (2) ELIGIBILITY REQUIREMENTS.—
 4763         (b)1. All community contributions must be reserved
 4764  exclusively for use in projects as defined in s. 220.03(1)(t).
 4765         2. If, during the first 10 business days of the state
 4766  fiscal year, eligible tax credit applications for projects that
 4767  provide homeownership opportunities for low-income or very-low
 4768  income households as defined in s. 420.9071(19) and (28) are
 4769  received for less than the annual tax credits available for
 4770  those projects, the Department of Economic Opportunity Office of
 4771  Tourism, Trade, and Economic Development shall grant tax credits
 4772  for those applications and shall grant remaining tax credits on
 4773  a first-come, first-served basis for any subsequent eligible
 4774  applications received before the end of the state fiscal year.
 4775  If, during the first 10 business days of the state fiscal year,
 4776  eligible tax credit applications for projects that provide
 4777  homeownership opportunities for low-income or very-low-income
 4778  households as defined in s. 420.9071(19) and (28) are received
 4779  for more than the annual tax credits available for those
 4780  projects, the office shall grant the tax credits for those
 4781  applications as follows:
 4782         a. If tax credit applications submitted for approved
 4783  projects of an eligible sponsor do not exceed $200,000 in total,
 4784  the credit shall be granted in full if the tax credit
 4785  applications are approved.
 4786         b. If tax credit applications submitted for approved
 4787  projects of an eligible sponsor exceed $200,000 in total, the
 4788  amount of tax credits granted under sub-subparagraph a. shall be
 4789  subtracted from the amount of available tax credits, and the
 4790  remaining credits shall be granted to each approved tax credit
 4791  application on a pro rata basis.
 4792         3. If, during the first 10 business days of the state
 4793  fiscal year, eligible tax credit applications for projects other
 4794  than those that provide homeownership opportunities for low
 4795  income or very-low-income households as defined in s.
 4796  420.9071(19) and (28) are received for less than the annual tax
 4797  credits available for those projects, the office shall grant tax
 4798  credits for those applications and shall grant remaining tax
 4799  credits on a first-come, first-served basis for any subsequent
 4800  eligible applications received before the end of the state
 4801  fiscal year. If, during the first 10 business days of the state
 4802  fiscal year, eligible tax credit applications for projects other
 4803  than those that provide homeownership opportunities for low
 4804  income or very-low-income households as defined in s.
 4805  420.9071(19) and (28) are received for more than the annual tax
 4806  credits available for those projects, the office shall grant the
 4807  tax credits for those applications on a pro rata basis.
 4808         (c) The project must be undertaken by an “eligible
 4809  sponsor,” defined here as:
 4810         1. A community action program;
 4811         2. A nonprofit community-based development organization
 4812  whose mission is the provision of housing for low-income or
 4813  very-low-income households or increasing entrepreneurial and
 4814  job-development opportunities for low-income persons;
 4815         3. A neighborhood housing services corporation;
 4816         4. A local housing authority, created pursuant to chapter
 4817  421;
 4818         5. A community redevelopment agency, created pursuant to s.
 4819  163.356;
 4820         6. The Florida Industrial Development Corporation;
 4821         7. An historic preservation district agency or
 4822  organization;
 4823         8. A regional workforce board;
 4824         9. A direct-support organization as provided in s.
 4825  1009.983;
 4826         10. An enterprise zone development agency created pursuant
 4827  to s. 290.0056;
 4828         11. A community-based organization incorporated under
 4829  chapter 617 which is recognized as educational, charitable, or
 4830  scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
 4831  and whose bylaws and articles of incorporation include
 4832  affordable housing, economic development, or community
 4833  development as the primary mission of the corporation;
 4834         12. Units of local government;
 4835         13. Units of state government; or
 4836         14. Such other agency as the Department of Economic
 4837  Opportunity Office of Tourism, Trade, and Economic Development
 4838  may, from time to time, designate by rule.
 4839  
 4840  In no event shall a contributing business firm have a financial
 4841  interest in the eligible sponsor.
 4842         (d) The project shall be located in an area designated as
 4843  an enterprise zone or a Front Porch Florida Community pursuant
 4844  to s. 20.18(6). Any project designed to construct or
 4845  rehabilitate housing for low-income or very-low-income
 4846  households as defined in s. 420.9071(19) and (28) is exempt from
 4847  the area requirement of this paragraph. This section does not
 4848  preclude projects that propose to construct or rehabilitate
 4849  housing for low-income or very-low-income households on
 4850  scattered sites. Any project designed to provide increased
 4851  access to high-speed broadband capabilities which includes
 4852  coverage of a rural enterprise zone may locate the project’s
 4853  infrastructure in any area of a rural county.
 4854         (3) APPLICATION REQUIREMENTS.—
 4855         (a) Any eligible sponsor wishing to participate in this
 4856  program must submit a proposal to the Department of Economic
 4857  Opportunity Office of Tourism, Trade, and Economic Development
 4858  which sets forth the sponsor, the project, the area in which the
 4859  project is located, and such supporting information as may be
 4860  prescribed by rule. The proposal shall also contain a resolution
 4861  from the local governmental unit in which it is located
 4862  certifying that the project is consistent with local plans and
 4863  regulations.
 4864         (b) Any business wishing to participate in this program
 4865  must submit an application for tax credit to the Department of
 4866  Economic Opportunity Office of Tourism, Trade, and Economic
 4867  Development, which application sets forth the sponsor; the
 4868  project; and the type, value, and purpose of the contribution.
 4869  The sponsor shall verify the terms of the application and
 4870  indicate its receipt of the contribution, which verification
 4871  must be in writing and accompany the application for tax credit.
 4872         (c) The business firm must submit a separate application
 4873  for tax credit for each individual contribution that it makes to
 4874  each individual project.
 4875         (4) ADMINISTRATION.—
 4876         (a) The Department of Economic Opportunity Office of
 4877  Tourism, Trade, and Economic Development has authority to adopt
 4878  rules pursuant to ss. 120.536(1) and 120.54 to implement the
 4879  provisions of this section, including rules for the approval or
 4880  disapproval of proposals by business firms.
 4881         (b) The decision of the Department of Economic Opportunity
 4882  Office of Tourism, Trade, and Economic Development shall be in
 4883  writing, and, if approved, the notification must state the
 4884  maximum credit allowable to the business firm. A copy of the
 4885  decision shall be transmitted to the executive director of the
 4886  Department of Revenue, who shall apply such credit to the tax
 4887  liability of the business firm.
 4888         (c) The Department of Economic Opportunity Office of
 4889  Tourism, Trade, and Economic Development shall periodically
 4890  monitor all projects in a manner consistent with available
 4891  resources to ensure that resources are utilized in accordance
 4892  with this section; however, each project shall be reviewed no
 4893  less often than once every 2 years.
 4894         (d) The Department of Revenue has authority to adopt rules
 4895  pursuant to ss. 120.536(1) and 120.54 to implement the
 4896  provisions of this section.
 4897         (e) The Department of Economic Opportunity Office of
 4898  Tourism, Trade, and Economic Development shall, in consultation
 4899  with the Department of Community Affairs, the Florida Housing
 4900  Finance Corporation, and the statewide and regional housing and
 4901  financial intermediaries, market the availability of the
 4902  community contribution tax credit program to community-based
 4903  organizations.
 4904         Section 92. Section 220.1895, Florida Statutes, is amended
 4905  to read:
 4906         220.1895 Rural Job Tax Credit and Urban High-Crime Area Job
 4907  Tax Credit.—There shall be allowed a credit against the tax
 4908  imposed by this chapter amounts approved by the Department of
 4909  Economic Opportunity Office of Tourism, Trade, and Economic
 4910  Development pursuant to the Rural Job Tax Credit Program in s.
 4911  212.098 and the Urban High-Crime Area Job Tax Credit Program in
 4912  s. 212.097. A corporation that uses its credit against the tax
 4913  imposed by this chapter may not take the credit against the tax
 4914  imposed by chapter 212. If any credit granted under this section
 4915  is not fully used in the first year for which it becomes
 4916  available, the unused amount may be carried forward for a period
 4917  not to exceed 5 years. The carryover may be used in a subsequent
 4918  year when the tax imposed by this chapter for such year exceeds
 4919  the credit for such year under this section after applying the
 4920  other credits and unused credit carryovers in the order provided
 4921  in s. 220.02(8).
 4922         Section 93. Section 220.1896, Florida Statutes, is amended
 4923  to read:
 4924         220.1896 Jobs for the Unemployed Tax Credit Program.—
 4925         (1) As used in this section, the term:
 4926         (a) “Eligible business” means any target industry business
 4927  as defined in s. 288.106(2) which is subject to the tax imposed
 4928  by this chapter. The eligible business does not have to be
 4929  certified to receive the Qualified Target Industry Tax Refund
 4930  Incentive under s. 288.106 in order to receive the tax credit
 4931  available under this section.
 4932         (b)“Office” means the Office of Tourism, Trade, and
 4933  Economic Development.
 4934         (b)(c) “Qualified employee” means a person:
 4935         1. Who was unemployed at least 30 days immediately before
 4936  prior to being hired by an eligible business.
 4937         2. Who was hired by an eligible business on or after July
 4938  1, 2010, and had not previously been employed by the eligible
 4939  business or its parent or an affiliated corporation.
 4940         3. Who performed duties connected to the operations of the
 4941  eligible business on a regular, full-time basis for an average
 4942  of at least 36 hours per week and for at least 12 months before
 4943  an eligible business is awarded a tax credit.
 4944         4. Whose employment by the eligible business has not formed
 4945  the basis for any other claim to a credit pursuant to this
 4946  section.
 4947         (2) A certified business shall receive a $1,000 tax credit
 4948  for each qualified employee, pursuant to limitation in
 4949  subsection (5).
 4950         (3)(a) In order to become a certified business, an eligible
 4951  business must file under oath with the Department of Economic
 4952  Opportunity office an application that includes:
 4953         1. The name, address and NAICS identifying code of the
 4954  eligible business.
 4955         2. Relevant employment information.
 4956         3. A sworn affidavit, signed by each employee, attesting to
 4957  his or her previous unemployment for whom the eligible business
 4958  is seeking credits under this section.
 4959         4. Verification that the wages paid by the eligible
 4960  business to each of its qualified employees exceeds the wage
 4961  eligibility levels for Medicaid and other public assistance
 4962  programs.
 4963         5. Any other information necessary to process the
 4964  application.
 4965         (b) The Department of Economic Opportunity office shall
 4966  process applications to certify a business in the order in which
 4967  the applications are received, without regard as to whether the
 4968  applicant is a new or an existing business. The Department of
 4969  Economic Opportunity office shall review and approve or deny an
 4970  application within 10 days after receiving a completed
 4971  application. The Department of Economic Opportunity office shall
 4972  notify the applicant in writing as to the department’s office’s
 4973  decision.
 4974         (c)1. The Department of Economic Opportunity office shall
 4975  submit a copy of the letter of certification to the Department
 4976  of Revenue within 10 days after the Department of Economic
 4977  Opportunity office issues the letter of certification to the
 4978  applicant.
 4979         2. If the application of an eligible business is not
 4980  sufficient to certify the applicant business, the Department of
 4981  Economic Opportunity office must deny the application and issue
 4982  a notice of denial to the applicant.
 4983         3. If the application of an eligible business does not
 4984  contain sufficient documentation of the number of qualified
 4985  employees, the Department of Economic Opportunity office shall
 4986  approve the application with respect to the employees for whom
 4987  the Department of Economic Opportunity office determines are
 4988  qualified employees. The Department of Economic Opportunity
 4989  office must deny the application with respect to persons for
 4990  whom the Department of Economic Opportunity office determines
 4991  are not qualified employees or for whom insufficient
 4992  documentation has been provided. A business may not submit a
 4993  revised application for certification or for the determination
 4994  of a person as a qualified employee more than 3 months after the
 4995  issuance of a notice of denial with respect to the business or a
 4996  particular person as a qualified employee.
 4997         (4) The applicant for a tax credit under this section has
 4998  the responsibility to affirmatively demonstrate to the
 4999  satisfaction of the Department of Economic Opportunity office
 5000  and the Department of Revenue that the applicant and the persons
 5001  claimed as qualified employees meet the requirements of this
 5002  section.
 5003         (5) The total amount of tax credits under this section
 5004  which may be approved by the Department of Economic Opportunity
 5005  office for all applicants is $10 million, with $5 million
 5006  available to be awarded in the 2011-2012 fiscal year and $5
 5007  million available to be awarded in the 2012-2013 fiscal year.
 5008         (6) A tax credit amount that is granted under this section
 5009  which is not fully used in the first year for which it becomes
 5010  available may be carried forward to the subsequent taxable year.
 5011  The carryover credit may be used in the subsequent year if the
 5012  tax imposed by this chapter for such year exceeds the credit for
 5013  such year under this section after applying the other credits
 5014  and unused credit carryovers in the order provided in s.
 5015  220.02(8).
 5016         (7) A person who fraudulently claims a credit under this
 5017  section is liable for repayment of the credit plus a mandatory
 5018  penalty of 100 percent of the credit. Such person also commits a
 5019  misdemeanor of the second degree, punishable as provided in s.
 5020  775.082 or s. 775.083.
 5021         (8) The Department of Economic Opportunity office may adopt
 5022  rules governing the manner and form of applications for the tax
 5023  credit. The Department of Economic Opportunity office may
 5024  establish guidelines for making an affirmative showing of
 5025  qualification for the tax credit under this section.
 5026         (9) The Department of Revenue may adopt rules to administer
 5027  this section, including rules relating to the creation of forms
 5028  to claim a tax credit and examination and audit procedures
 5029  required to administer this section.
 5030         (10) This section expires June 30, 2012. However, a
 5031  taxpayer that is awarded a tax credit in the second year of the
 5032  program may carry forward any unused credit amount to the
 5033  subsequent tax reporting period. Rules adopted by the Department
 5034  of Revenue to administer this section shall remain valid as long
 5035  as a taxpayer may use a credit against its corporate income tax
 5036  liability.
 5037         Section 94. Subsection (1) of section 220.1899, Florida
 5038  Statutes, is amended to read:
 5039         220.1899 Entertainment industry tax credit.—
 5040         (1) There shall be a credit allowed against the tax imposed
 5041  by this chapter in the amounts awarded by the Department of
 5042  Economic Opportunity Office of Tourism, Trade, and Economic
 5043  Development under the entertainment industry financial incentive
 5044  program in s. 288.1254.
 5045         Section 95. Paragraphs (e), (f), (g), and (h) of subsection
 5046  (1), paragraph (a) of subsection (3), and subsections (5) and
 5047  (6) of section 220.191, Florida Statutes, are amended to read:
 5048         220.191 Capital investment tax credit.—
 5049         (1) DEFINITIONS.—For purposes of this section:
 5050         (e) “Jobs” means full-time equivalent positions, as that
 5051  term is consistent with terms used by the Department of Economic
 5052  Opportunity Agency for Workforce Innovation and the United
 5053  States Department of Labor for purposes of unemployment tax
 5054  administration and employment estimation, resulting directly
 5055  from a project in this state. The term does not include
 5056  temporary construction jobs involved in the construction of the
 5057  project facility.
 5058         (f) “Office” means the Office of Tourism, Trade, and
 5059  Economic Development.
 5060         (f)(g) “Qualifying business” means a business which
 5061  establishes a qualifying project in this state and which is
 5062  certified by the Department of Economic Opportunity office to
 5063  receive tax credits pursuant to this section.
 5064         (g)(h) “Qualifying project” means a facility in this state
 5065  meeting one or more of the following criteria:
 5066         1. A new or expanding facility in this state which creates
 5067  at least 100 new jobs in this state and is in one of the high
 5068  impact sectors identified by Enterprise Florida, Inc., and
 5069  certified by the Department of Economic Opportunity office
 5070  pursuant to s. 288.108(6), including, but not limited to,
 5071  aviation, aerospace, automotive, and silicon technology
 5072  industries. However, between July 1, 2011, and June 30, 2014,
 5073  the requirement that a facility be in a high-impact sector is
 5074  waived for any otherwise eligible business from another state
 5075  which locates all or a portion of its business to a
 5076  Disproportionally Affected County. For purposes of this section,
 5077  the term “Disproportionally Affected County” means Bay County,
 5078  Escambia County, Franklin County, Gulf County, Okaloosa County,
 5079  Santa Rosa County, Walton County, or Wakulla County.;
 5080         2. A new or expanded facility in this state which is
 5081  engaged in a target industry designated pursuant to the
 5082  procedure specified in s. 288.106(2) s. 288.106(2)(t) and which
 5083  is induced by this credit to create or retain at least 1,000
 5084  jobs in this state, provided that at least 100 of those jobs are
 5085  new, pay an annual average wage of at least 130 percent of the
 5086  average private sector wage in the area as defined in s.
 5087  288.106(2), and make a cumulative capital investment of at least
 5088  $100 million after July 1, 2005. Jobs may be considered retained
 5089  only if there is significant evidence that the loss of jobs is
 5090  imminent. Notwithstanding subsection (2), annual credits against
 5091  the tax imposed by this chapter may shall not exceed 50 percent
 5092  of the increased annual corporate income tax liability or the
 5093  premium tax liability generated by or arising out of a project
 5094  qualifying under this subparagraph. A facility that qualifies
 5095  under this subparagraph for an annual credit against the tax
 5096  imposed by this chapter may take the tax credit for a period not
 5097  to exceed 5 years.; or
 5098         3. A new or expanded headquarters facility in this state
 5099  which locates in an enterprise zone and brownfield area and is
 5100  induced by this credit to create at least 1,500 jobs which on
 5101  average pay at least 200 percent of the statewide average annual
 5102  private sector wage, as published by the Department of Economic
 5103  Opportunity Agency for Workforce Innovation or its successor,
 5104  and which new or expanded headquarters facility makes a
 5105  cumulative capital investment in this state of at least $250
 5106  million.
 5107         (3)(a) Notwithstanding subsection (2), an annual credit
 5108  against the tax imposed by this chapter shall be granted to a
 5109  qualifying business which establishes a qualifying project
 5110  pursuant to subparagraph (1)(g)(h)3., in an amount equal to the
 5111  lesser of $15 million or 5 percent of the eligible capital costs
 5112  made in connection with a qualifying project, for a period not
 5113  to exceed 20 years beginning with the commencement of operations
 5114  of the project. The tax credit shall be granted against the
 5115  corporate income tax liability of the qualifying business and as
 5116  further provided in paragraph (c). The total tax credit provided
 5117  pursuant to this subsection shall be equal to no more than 100
 5118  percent of the eligible capital costs of the qualifying project.
 5119         (5) Applications shall be reviewed and certified pursuant
 5120  to s. 288.061. The Department of Economic Opportunity office,
 5121  upon a recommendation by Enterprise Florida, Inc., shall first
 5122  certify a business as eligible to receive tax credits pursuant
 5123  to this section prior to the commencement of operations of a
 5124  qualifying project, and such certification shall be transmitted
 5125  to the Department of Revenue. Upon receipt of the certification,
 5126  the Department of Revenue shall enter into a written agreement
 5127  with the qualifying business specifying, at a minimum, the
 5128  method by which income generated by or arising out of the
 5129  qualifying project will be determined.
 5130         (6) The Department of Economic Opportunity office, in
 5131  consultation with Enterprise Florida, Inc., is authorized to
 5132  develop the necessary guidelines and application materials for
 5133  the certification process described in subsection (5).
 5134         Section 96. Subsection (2) of section 222.15, Florida
 5135  Statutes, is amended to read:
 5136         222.15 Wages or unemployment compensation payments due
 5137  deceased employee may be paid spouse or certain relatives.—
 5138         (2) It is also lawful for the Department of Economic
 5139  Opportunity Agency for Workforce Innovation, in case of death of
 5140  any unemployed individual, to pay to those persons referred to
 5141  in subsection (1) any unemployment compensation payments that
 5142  may be due to the individual at the time of his or her death.
 5143         Section 97. Subsections (3) and (4) of section 250.06,
 5144  Florida Statutes, are amended to read:
 5145         250.06 Commander in chief.—
 5146         (3) The Governor may, in order to preserve the public
 5147  peace, execute the laws of the state, suppress insurrection,
 5148  repel invasion, respond to an emergency as defined in s.
 5149  252.34(3) or imminent danger thereof, or, in case of the calling
 5150  of all or any portion of the militia of this state Florida into
 5151  the services of the United States, may increase the Florida
 5152  National Guard and organize it in accordance with rules and
 5153  regulations governing the Armed Forces of the United States.
 5154  Such organization and increase may be pursuant to or in advance
 5155  of any call made by the President of the United States. If the
 5156  Florida National Guard is activated into service of the United
 5157  States, another organization may not be designated as the
 5158  Florida National Guard.
 5159         (4) The Governor may, in order to preserve the public
 5160  peace, execute the laws of the state, enhance domestic security,
 5161  respond to terrorist threats or attacks, respond to an emergency
 5162  as defined in s. 252.34(3) or imminent danger thereof, or
 5163  respond to any need for emergency aid to civil authorities as
 5164  specified in s. 250.28, order into state active duty all or any
 5165  part of the militia which he or she deems proper.
 5166         Section 98. Subsection (2) of section 252.34, Florida
 5167  Statutes, is amended to read:
 5168         252.34 Definitions.—As used in this part ss. 252.31-252.60,
 5169  the term:
 5170         (2) “Division” means the Division of Emergency Management
 5171  within the Executive Office of the Governor of the Department of
 5172  Community Affairs, or the successor to that division.
 5173         Section 99. Paragraphs (j), (s), and (t) of subsection (2)
 5174  of section 252.35, Florida Statutes, are amended to read:
 5175         252.35 Emergency management powers; Division of Emergency
 5176  Management.—
 5177         (2) The division is responsible for carrying out the
 5178  provisions of ss. 252.31-252.90. In performing its duties under
 5179  ss. 252.31-252.90, the division shall:
 5180         (j) In cooperation with The Division of Emergency
 5181  Management and the Department of Education, shall coordinate
 5182  with the Agency for Persons with Disabilities to provide an
 5183  educational outreach program on disaster preparedness and
 5184  readiness to individuals who have limited English skills and
 5185  identify persons who are in need of assistance but are not
 5186  defined under special-needs criteria.
 5187         (s) By January 1, 2007, the Division of Emergency
 5188  Management shall Complete an inventory of portable generators
 5189  owned by the state and local governments which are capable of
 5190  operating during a major disaster. The inventory must identify,
 5191  at a minimum, the location of each generator, the number of
 5192  generators stored at each specific location, the agency to which
 5193  each generator belongs, the primary use of the generator by the
 5194  owner agency, and the names, addresses, and telephone numbers of
 5195  persons having the authority to loan the stored generators as
 5196  authorized by the division of Emergency Management during a
 5197  declared emergency.
 5198         (t) The division shall Maintain an inventory list of
 5199  generators owned by the state and local governments. In
 5200  addition, the division may keep a list of private entities,
 5201  along with appropriate contact information, which offer
 5202  generators for sale or lease. The list of private entities shall
 5203  be available to the public for inspection in written and
 5204  electronic formats.
 5205         Section 100. Subsection (2) of section 252.355, Florida
 5206  Statutes, is amended to read:
 5207         252.355 Registry of persons with special needs; notice.—
 5208         (2) The division Department of Community Affairs shall be
 5209  the designated lead agency responsible for community education
 5210  and outreach to the public, including special needs clients,
 5211  regarding registration and special needs shelters and general
 5212  information regarding shelter stays.
 5213         Section 101. Section 252.371, Florida Statutes, is amended
 5214  to read:
 5215         252.371 Emergency Management, Preparedness, and Assistance
 5216  Trust Fund.—There is created the Emergency Management,
 5217  Preparedness, and Assistance Trust Fund to be administered by
 5218  the division Department of Community Affairs.
 5219         Section 102. Subsections (1) and (2) of section 252.373,
 5220  Florida Statutes, are amended to read:
 5221         252.373 Allocation of funds; rules.—
 5222         (1) Funds appropriated from the Emergency Management,
 5223  Preparedness, and Assistance Trust Fund shall be allocated by
 5224  the division Department of Community Affairs for the following
 5225  purposes:
 5226         (a) To implement and administer state and local emergency
 5227  management programs, including administration, training, and
 5228  operations.
 5229         (b) For grants and loans to state or regional agencies,
 5230  local governments, and private organizations to implement
 5231  projects that will further state and local emergency management
 5232  objectives. These projects must include, but need not be limited
 5233  to, projects that will promote public education on disaster
 5234  preparedness and recovery issues, enhance coordination of relief
 5235  efforts of statewide private sector organizations, and improve
 5236  the training and operations capabilities of agencies assigned
 5237  lead or support responsibilities in the state comprehensive
 5238  emergency management plan, including the State Fire Marshal’s
 5239  Office for coordinating the Florida fire services. The division
 5240  shall establish criteria and procedures for competitive
 5241  allocation of these funds by rule. No more than 5 percent of any
 5242  award made pursuant to this subparagraph may be used for
 5243  administrative expenses. This competitive criteria must give
 5244  priority consideration to hurricane evacuation shelter retrofit
 5245  projects.
 5246         (c) To meet any matching requirements imposed as a
 5247  condition of receiving federal disaster relief assistance.
 5248         (2) The division department shall allocate funds from the
 5249  Emergency Management, Preparedness, and Assistance Trust Fund to
 5250  local emergency management agencies and programs pursuant to
 5251  criteria specified in rule. Such rules shall include, but are
 5252  not limited to:
 5253         (a) Requiring that, at a minimum, a local emergency
 5254  management agency either:
 5255         1. Have a program director who works at least 40 hours a
 5256  week in that capacity; or
 5257         2. If the county has fewer than 75,000 population or is
 5258  party to an interjurisdictional emergency management agreement
 5259  entered into pursuant to s. 252.38(3)(b), that is recognized by
 5260  the Governor by executive order or rule, have an emergency
 5261  management coordinator who works at least 20 hours a week in
 5262  that capacity.
 5263         (b) Specifying a formula that establishes a base grant
 5264  allocation and weighted factors for funds to be allocated over
 5265  the base grant amount.
 5266         (c) Specifying match requirements.
 5267         (d) Preferential funding to provide incentives to counties
 5268  and municipalities to participate in mutual aid agreements.
 5269         Section 103. Subsection (5) of section 252.55, Florida
 5270  Statutes, is amended to read:
 5271         252.55 Civil Air Patrol, Florida Wing.—
 5272         (5) The wing commander of the Florida Wing of the Civil Air
 5273  Patrol shall biennially furnish the division Bureau of Emergency
 5274  Management a 2-year projection of the goals and objectives of
 5275  the Civil Air Patrol which shall be reported in the division’s
 5276  biennial report submitted pursuant to s. 252.35.
 5277         Section 104. Subsection (4) of section 252.60, Florida
 5278  Statutes, is amended to read:
 5279         252.60 Radiological emergency preparedness.—
 5280         (4) POWERS AND DUTIES.—In implementing the requirements of
 5281  this section, the director of the division secretary of the
 5282  department, or the director’s secretary’s designated
 5283  representative, shall:
 5284         (a) Negotiate and enter into such additional contracts and
 5285  arrangements among the division, appropriate counties, and each
 5286  operator to provide for the level of funding and the respective
 5287  roles of each in the development, preparation, testing, and
 5288  implementation of the plans.
 5289         (b) Evaluate and determine the adequacy of the plans based
 5290  upon consultations with the United States Nuclear Regulatory
 5291  Commission and other agencies, as appropriate, and upon the
 5292  results of such tests as may be conducted.
 5293         (c) Limited to such funding as is available based upon the
 5294  requirements of subsection (5), require the participation of
 5295  appropriate counties and operators in the development,
 5296  preparation, testing, or implementation of the plans as needed.
 5297         (d) Determine the reasonableness and adequacy of the
 5298  provisions, terms, and conditions of the plans and, in the event
 5299  the appropriate counties and the operators cannot agree, resolve
 5300  such differences and require compliance by the appropriate
 5301  counties and the operators with the plans. In resolving such
 5302  differences, the director secretary shall consider:
 5303         1. The requirements and parameters placed on the operators
 5304  by federal law and agencies;
 5305         2. The reasonableness and adequacy of the funding for
 5306  appropriate counties from any sources of funds other than local
 5307  revenue sources; and
 5308         3. The reasonableness and appropriateness of the costs to
 5309  the appropriate counties likely to be incurred in complying with
 5310  provisions, terms, and conditions of the plans.
 5311         (e) Receive, expend, and disburse such funds as are made
 5312  available by each licensee pursuant to this section.
 5313         (f) Limited to such funding as is available based upon the
 5314  requirements of subsection (5), coordinate all activities
 5315  undertaken pursuant to this section or required of appropriate
 5316  counties and operators by any federal or state agency.
 5317         Section 105. Section 252.61, Florida Statutes, is amended
 5318  to read:
 5319         252.61 List of persons for contact relating to release of
 5320  toxic substances into atmosphere.—The Division of Emergency
 5321  Management Department of Community Affairs shall maintain a list
 5322  of contact persons after the survey pursuant to s. 403.771 is
 5323  completed.
 5324         Section 106. Section 252.82, Florida Statutes, is amended
 5325  to read:
 5326         252.82 Definitions.—As used in this part:
 5327         (1) “Commission” means the State Hazardous Materials
 5328  Emergency Response Commission created pursuant to s. 301 of
 5329  EPCRA.
 5330         (2) “Committee” means any local emergency planning
 5331  committee established in the state pursuant to s. 301 of EPCRA.
 5332         (3) “Division” means the Division of Emergency Management
 5333  within the Executive Office of the Governor Department” means
 5334  the Department of Community Affairs.
 5335         (4) “Facility” means facility as defined in s. 329 of
 5336  EPCRA. Vehicles placarded according to title 49 Code of Federal
 5337  Regulations are shall not be considered a facility except for
 5338  purposes of s. 304 of EPCRA.
 5339         (5) “Hazardous material” means any hazardous chemical,
 5340  toxic chemical, or extremely hazardous substance, as defined in
 5341  s. 329 of EPCRA.
 5342         (6) “EPCRA” means the Emergency Planning and Community
 5343  Right-to-Know Act of 1986, title III of the Superfund Amendments
 5344  and Reauthorization Act of 1986, Pub. L. No. 99-499, ss. 300
 5345  329, 42 U.S.C. ss. 11001 et seq.; and federal regulations
 5346  adopted thereunder.
 5347         (7) “Trust fund” means the Operating Trust Fund of the
 5348  division Department of Community Affairs.
 5349         Section 107. Section 252.83, Florida Statutes, is amended
 5350  to read:
 5351         252.83 Powers and duties of the division department.—
 5352         (1) The division department shall have the authority:
 5353         (a) To coordinate its activities under this part with its
 5354  other emergency management responsibilities, including its
 5355  responsibilities under part I of this chapter, and activities
 5356  and with the related activities of other agencies, keeping
 5357  separate accounts for all activities supported or partially
 5358  supported from the Operating Trust Fund.
 5359         (b) To make rules, with the advice and consent of the
 5360  commission, to implement this part.
 5361         (2) The division department shall provide administrative
 5362  support, including staff, facilities, materials, and services,
 5363  to the commission and shall provide funding to the committees to
 5364  enable the commission and the committees to perform their
 5365  functions under EPCRA and this part.
 5366         (3) The division department and the commission, to the
 5367  extent possible, shall use the emergency planning capabilities
 5368  of local governments to reduce duplication and paperwork to
 5369  achieve the intent of this part. It is the intent of the
 5370  Legislature that this part be implemented in the most cost
 5371  efficient manner possible, with the least possible financial
 5372  impact on local government and the community.
 5373         Section 108. Subsections (1), (3), (4), and (5) of section
 5374  252.85, Florida Statutes, are amended to read:
 5375         252.85 Fees.—
 5376         (1) Any owner or operator of a facility required under s.
 5377  302 or s. 312 of EPCRA, or by s. 252.87, to submit a
 5378  notification or an annual inventory form to the commission shall
 5379  be required to pay an annual registration fee. The fee for any
 5380  company, including all facilities under common ownership or
 5381  control, shall not be less than $25 nor more than $2,000. The
 5382  division department shall establish a reduced fee, of not less
 5383  than $25 nor more than $500, applicable to any owner or operator
 5384  regulated under part I of chapter 368, chapter 527, or s.
 5385  376.303, which does not have present any extremely hazardous
 5386  substance, as defined by EPCRA, in excess of a threshold
 5387  planning quantity, as established by EPCRA. The division
 5388  department shall establish a reduced fee of not less than $25
 5389  nor more than $1,000, applicable to any owner or operator of a
 5390  facility with a Standard Industrial Classification Code of 01,
 5391  02, or 07, which is eligible for the “routine agricultural use”
 5392  exemption provided in ss. 311 and 312 of EPCRA. The fee under
 5393  this subsection shall be based on the number of employees
 5394  employed within the state at facilities under the common
 5395  ownership or control of such owner or operator, which number
 5396  shall be determined, to the extent possible, in accordance with
 5397  data supplied by the Department of Economic Opportunity or its
 5398  tax collection service provider Labor and Employment Security.
 5399  In order to avoid the duplicative reporting of seasonal and
 5400  temporary agricultural employees, fees applicable to owners or
 5401  operators of agricultural facilities, which are eligible for the
 5402  “routine agricultural use” reporting exemption provided in ss.
 5403  311 and 312 of EPCRA, shall be based on employee data which most
 5404  closely reflects such owner or operator’s permanent nonseasonal
 5405  workforce. The division department shall establish by rule the
 5406  date by which the fee is to be paid, as well as a formula or
 5407  method of determining the applicable fee under this subsection
 5408  without regard to the number of facilities under common
 5409  ownership or control. The division department may require owners
 5410  or operators of multiple facilities to demonstrate common
 5411  ownership or control for purposes of this subsection.
 5412         (3) Any owner or operator of a facility that is required to
 5413  submit a report or filing under s. 313 of EPCRA shall pay an
 5414  annual reporting fee not to exceed $150 for those s. 313 EPCRA
 5415  listed substances in effect on January 1, 2005. The division
 5416  department shall establish by rule the date by which the fee is
 5417  to be paid, as well as a formula or method of determining the
 5418  applicable fee under this subsection.
 5419         (4)(a) The division department may assess a late fee for
 5420  the failure to submit a report or filing that substantially
 5421  complies with the requirements of EPCRA or s. 252.87 by the
 5422  specified date or for failure to pay any fee, including any late
 5423  fee, required by this section. This late fee shall be in
 5424  addition to the fee otherwise imposed pursuant to this section.
 5425  If the division department elects to impose a late fee, it shall
 5426  provide the owner or operator with a written notice that
 5427  identifies the specific requirements which have not been met and
 5428  advises of its intent to assess a late fee.
 5429         (b) The division department may impose a late fee, subject
 5430  to the limitations set forth below:
 5431         1. If the report, filing, or fee is submitted within 30
 5432  days after the receipt of the division’s department’s notice, no
 5433  late fee may be assessed.
 5434         2. If the report, filing, or fee is not submitted within 30
 5435  days after the receipt of the division’s department’s notice,
 5436  the division department may impose a late fee in an amount equal
 5437  to the amount of the annual registration fee, filing fee, or s.
 5438  313 fee due, not to exceed $2,000.
 5439         3. If the report, filing, or fee is not submitted within 90
 5440  days after the receipt of the division’s department’s notice,
 5441  the division department may issue a second notice. If the
 5442  report, filing, or fee is not submitted within 30 days after
 5443  receipt of the division’s department’s second notice, the
 5444  division department may assess a second late fee in an amount
 5445  equal to twice the amount of the annual registration fee, filing
 5446  fee, or s. 313 fee due, not to exceed $4,000.
 5447         4. The division department may consider, but is not limited
 5448  to considering, the following factors in assessing late fees:
 5449  good faith attempt to comply; history of noncompliance; ability
 5450  to pay or continue in business; threat to health and safety
 5451  posed by noncompliance; and degree of culpability.
 5452         (5) The division department shall establish by rule the
 5453  dates by which the fee is to be paid, as well as a formula or
 5454  method of determining the facility registration fee and late
 5455  fee.
 5456         Section 109. Subsections (1) and (3) of section 252.86,
 5457  Florida Statutes, are amended to read:
 5458         252.86 Penalties and remedies.—
 5459         (1) The owner or operator of a facility, an employer, or
 5460  any other person submitting written information pursuant to
 5461  EPCRA or this part to the commission, a committee, or a fire
 5462  department shall be liable for a civil penalty of $5,000 for
 5463  each item of information in the submission that is false, if
 5464  such person knew or should have known the information was false
 5465  or if such person submitted the information with reckless
 5466  disregard of its truth or falsity. The division department may
 5467  institute a civil action in a court of competent jurisdiction to
 5468  impose and recover a civil penalty for the amount indicated in
 5469  this subsection. However, the court may receive evidence in
 5470  mitigation.
 5471         (3) Any provision of s. 325 or s. 326 of EPCRA which
 5472  creates a federal cause of action shall create a corresponding
 5473  cause of action under state law, with jurisdiction in the
 5474  circuit courts. Any provision of s. 325 or s. 326 of EPCRA which
 5475  imposes or authorizes the imposition of a civil penalty by the
 5476  Administrator of the Environmental Protection Agency, or which
 5477  creates a liability to the United States, shall impose or
 5478  authorize the imposition of such a penalty by the division
 5479  department or create such a liability to and for the benefit of
 5480  the state, to be paid into the Operating Trust Fund. Venue shall
 5481  be proper in the county where the violation occurred or where
 5482  the defendant has its principal place of business.
 5483         Section 110. Subsections (4) and (7) of section 252.87,
 5484  Florida Statutes, are amended to read:
 5485         252.87 Supplemental state reporting requirements.—
 5486         (4) Each employer that owns or operates a facility in this
 5487  state at which hazardous materials are present in quantities at
 5488  or above the thresholds established under ss. 311(b) and 312(b)
 5489  of EPCRA shall comply with the reporting requirements of ss. 311
 5490  and 312 of EPCRA. Such employer shall also be responsible for
 5491  notifying the division department, the local emergency planning
 5492  committee, and the local fire department in writing within 30
 5493  days if there is a discontinuance or abandonment of the
 5494  employer’s business activities that could affect any stored
 5495  hazardous materials.
 5496         (7) The division department shall avoid duplicative
 5497  reporting requirements by using utilizing the reporting
 5498  requirements of other state agencies that regulate hazardous
 5499  materials to the extent feasible and shall request the
 5500  information authorized under EPCRA. With the advice and consent
 5501  of the State Emergency Response Commission for Hazardous
 5502  Materials, the division department may require by rule that the
 5503  maximum daily amount entry on the chemical inventory report
 5504  required under s. 312 of EPCRA provide for reporting in
 5505  estimated actual amounts. The division department may also
 5506  require by rule an entry for the Federal Employer Identification
 5507  Number on this report. To the extent feasible, the division
 5508  department shall encourage and accept required information in a
 5509  form initiated through electronic data interchange and shall
 5510  describe by rule the format, manner of execution, and method of
 5511  electronic transmission necessary for using such form. To the
 5512  extent feasible, the Department of Financial Services, the
 5513  Department of Agriculture and Consumer Services, the Department
 5514  of Environmental Protection, the Public Service Commission, the
 5515  Department of Revenue, the Department of Labor and Employment
 5516  Security, and other state agencies which regulate hazardous
 5517  materials shall coordinate with the division department in order
 5518  to avoid duplicative requirements contained in each agency’s
 5519  respective reporting or registration forms. The other state
 5520  agencies that inspect facilities storing hazardous materials and
 5521  suppliers and distributors of covered substances shall assist
 5522  the division department in informing the facility owner or
 5523  operator of the requirements of this part. The division
 5524  department shall provide the other state agencies with the
 5525  necessary information and materials to inform the owners and
 5526  operators of the requirements of this part to ensure that the
 5527  budgets of these agencies are not adversely affected.
 5528         Section 111. Subsection (4) of section 252.88, Florida
 5529  Statutes, is amended to read:
 5530         252.88 Public records.—
 5531         (4) The division department, the commission, and the
 5532  committees shall furnish copies of public records submitted
 5533  under EPCRA or this part, and may charge a fee of $1 per page
 5534  per person per year for over 25 pages of materials copied.
 5535         Section 112. Subsections (3), (8), (9), and (19) of section
 5536  252.936, Florida Statutes, are amended to read:
 5537         252.936 Definitions.—As used in this part, the term:
 5538         (3) “Audit” means a review of information at, a stationary
 5539  source subject to s. 112(r)(7), or submitted by, a stationary
 5540  source subject to s. 112(r)(7), to determine whether that
 5541  stationary source is in compliance with the requirements of this
 5542  part and rules adopted to administer implement this part. Audits
 5543  must include a review of the adequacy of the stationary source’s
 5544  Risk Management Plan, may consist of reviews of information
 5545  submitted to the division department or the United States
 5546  Environmental Protection Agency to determine whether the plan is
 5547  complete or whether revisions to the plan are needed, and the
 5548  reviews may be conducted at the stationary source to confirm
 5549  that information onsite is consistent with reported information.
 5550         (8) “Division” means the Division of Emergency Management
 5551  in the Executive Office of the Governor “Department” means the
 5552  Department of Community Affairs.
 5553         (9) “Inspection” means a review of information at a
 5554  stationary source subject to s. 112(r)(7), including
 5555  documentation and operating practices and access to the source
 5556  and to any area where an accidental release could occur, to
 5557  determine whether the stationary source is in compliance with
 5558  the requirements of this part or rules adopted to administer
 5559  implement this part.
 5560         (19) “Trust fund” means the Operating Trust Fund of the
 5561  division established in the department’s Division of Emergency
 5562  Management.
 5563         Section 113. Section 252.937, Florida Statutes, is amended
 5564  to read:
 5565         252.937 Division Department powers and duties.—
 5566         (1) The division department has the power and duty to:
 5567         (a)1. Seek delegation from the United States Environmental
 5568  Protection Agency to implement the Accidental Release Prevention
 5569  Program under s. 112(r)(7) of the Clean Air Act and the federal
 5570  implementing regulations for specified sources subject to s.
 5571  112(r)(7) of the Clean Air Act. Implementation for all other
 5572  sources subject to s. 112(r)(7) of the Clean Air Act shall will
 5573  be performed by the United States Environmental Protection
 5574  Agency; and
 5575         2. Ensure the timely submission of Risk Management Plans
 5576  and any subsequent revisions of Risk Management Plans.
 5577         (b) Adopt, modify, and repeal rules, with the advice and
 5578  consent of the commission, necessary to obtain delegation from
 5579  the United States Environmental Protection Agency and to
 5580  administer the s. 112(r)(7) Accidental Release Prevention
 5581  Program in this state for the specified stationary sources with
 5582  no expansion or addition of the regulatory program.
 5583         (c) Make and execute contracts and other agreements
 5584  necessary or convenient to the administration implementation of
 5585  this part.
 5586         (d) Coordinate its activities under this part with its
 5587  other emergency management responsibilities, including its
 5588  responsibilities and activities under parts I, II, and III of
 5589  this chapter and with the related activities of other state and
 5590  local agencies, keeping separate accounts for all activities
 5591  conducted under this part which are supported or partially
 5592  supported from the trust fund.
 5593         (e) Establish, with the advice and consent of the
 5594  commission, a technical assistance and outreach program on or
 5595  before January 31, 1999, to assist owners and operators of
 5596  specified stationary sources subject to s. 112(r)(7) in
 5597  complying with the reporting and fee requirements of this part.
 5598  This program is designed to facilitate and ensure timely
 5599  submission of proper certifications or compliance schedules and
 5600  timely submission and registration of Risk Management Plans and
 5601  revised registrations and Risk Management Plans if when required
 5602  for these sources.
 5603         (f) Make a quarterly report to the State Emergency Response
 5604  Commission on income and expenses for the state’s Accidental
 5605  Release Prevention Program under this part.
 5606         (2) To ensure that this program is self-supporting, the
 5607  division department shall provide administrative support,
 5608  including staff, facilities, materials, and services to
 5609  implement this part for specified stationary sources subject to
 5610  s. 252.939 and shall provide necessary funding to local
 5611  emergency planning committees and county emergency management
 5612  agencies for work performed to implement this part. Each state
 5613  agency with regulatory, inspection, or technical assistance
 5614  programs for specified stationary sources subject to this part
 5615  shall enter into a memorandum of understanding with the division
 5616  department which specifically outlines how each agency’s staff,
 5617  facilities, materials, and services will be used utilized to
 5618  support implementation. At a minimum, these agencies and
 5619  programs include: the Department of Environmental Protection’s
 5620  Division of Air Resources Management and Division of Water
 5621  Resource Management, and the Department of Labor and Employment
 5622  Security’s Division of Safety. It is the Legislature’s intent to
 5623  implement this part as efficiently and economically as possible,
 5624  using existing expertise and resources, if available and
 5625  appropriate.
 5626         (3) To prevent the duplication of investigative efforts and
 5627  resources, the division department, on behalf of the commission,
 5628  shall coordinate with any federal agencies or agents thereof,
 5629  including the federal Chemical Safety and Hazard Investigation
 5630  Board, or its successor, which are performing accidental release
 5631  investigations for specified stationary sources, and may
 5632  coordinate with any agencies of the state which are performing
 5633  accidental release investigations. This accidental release
 5634  investigation coordination is not intended to limit or take the
 5635  place of any individual agency accidental release investigation
 5636  under separate authority.
 5637         (4) To promote efficient administration of this program and
 5638  specified stationary sources, the only the division agency which
 5639  may seek delegation from the United States Environmental
 5640  Protection Agency for this program is the Florida Department of
 5641  Community Affairs. Further, the division may Florida Department
 5642  of Community Affairs shall not delegate this program to any
 5643  local environmental agency.
 5644         Section 114. Section 252.943, Florida Statutes, is amended
 5645  to read:
 5646         252.943 Public records.—
 5647         (1) The division Department of Community Affairs shall
 5648  protect records, reports, or information or particular parts
 5649  thereof, other than release or emissions data, contained in a
 5650  risk management plan from public disclosure pursuant to ss.
 5651  112(r) and 114(c) of the federal Clean Air Act and authorities
 5652  cited therein, based upon a showing satisfactory to the
 5653  Administrator of the United States Environmental Protection
 5654  Agency, by any owner or operator of a stationary source subject
 5655  to the Accidental Release Prevention Program, that public
 5656  release of such records, reports, or information would divulge
 5657  methods or processes entitled to protection as trade secrets as
 5658  provided for in 40 C.F.R. part 2, subpart B. Such records,
 5659  reports, or information held by the division department are
 5660  confidential and exempt from the provisions of s. 119.07(1) and
 5661  s. 24(a), Art. I of the State Constitution, unless a final
 5662  determination has been made by the Administrator of the
 5663  Environmental Protection Agency that such records, reports, or
 5664  information are not entitled to trade secret protection, or
 5665  pursuant to an order of court.
 5666         (2) The division department shall protect records, reports,
 5667  or information or particular parts thereof, other than release
 5668  or emissions data, obtained from an investigation, inspection,
 5669  or audit from public disclosure pursuant to ss. 112(r) and
 5670  114(c) of the federal Clean Air Act and authorities cited
 5671  therein, based upon a showing satisfactory to the Administrator
 5672  of the United States Environmental Protection Agency, by any
 5673  owner or operator of a stationary source subject to the
 5674  Accidental Release Prevention Program, that public release of
 5675  such records, reports, or information would divulge methods or
 5676  processes entitled to protection as trade secrets as provided
 5677  for in 40 C.F.R. part 2, subpart B. Such records, reports, or
 5678  information held by the division department are confidential and
 5679  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
 5680  of the State Constitution, unless a final determination has been
 5681  made by the Administrator of the Environmental Protection Agency
 5682  that such records, reports, or information are not entitled to
 5683  trade secret protection, or pursuant to a court an order of
 5684  court.
 5685         Section 115. Section 252.946, Florida Statutes, is amended
 5686  to read:
 5687         252.946 Public records.—With regard to information
 5688  submitted to the United States Environmental Protection Agency
 5689  under this part or s. 112(r)(7), the division Department of
 5690  Community Affairs, the State Hazardous Materials Emergency
 5691  Response Commission, and any local emergency planning committee
 5692  may assist persons in electronically accessing such information
 5693  held by the United States Environmental Protection Agency in its
 5694  centralized database. If requested, the division department, the
 5695  commission, or a committee may furnish copies of such United
 5696  States Environmental Protection Agency records.
 5697         Section 116. Subsections (3) and (4) of section 255.042,
 5698  Florida Statutes, are amended to read:
 5699         255.042 Shelter in public buildings.—
 5700         (3) The Division of Emergency Management Department of
 5701  Community Affairs shall, in those cases in which the architect
 5702  engineer firm does not possess the specialized training required
 5703  for the inclusion of fallout protection in building design and
 5704  upon request from the architect-engineer concerned or the
 5705  responsible state or local agency, provide, at no cost to the
 5706  architect-engineer or agency, professional development service
 5707  to increase fallout protection through shelter slanting and
 5708  cost-reduction techniques.
 5709         (4) Nothing in this section establishes act shall be
 5710  construed as establishing a mandatory requirement for the
 5711  incorporation of fallout shelter in the construction of,
 5712  modification of, or addition to the public buildings concerned.
 5713  It is mandatory, however, that the incorporation of such
 5714  protection be given every consideration through acceptable
 5715  shelter slanting and cost-reduction techniques. The responsible
 5716  state or local official shall determine whether cost, or other
 5717  related factors, precludes or makes impracticable the
 5718  incorporation of fallout shelter in public buildings. Further,
 5719  the Division of Emergency Management Department of Community
 5720  Affairs may waive the requirement for consideration of shelter
 5721  in those cases where presently available shelter spaces equal or
 5722  exceed the requirements of the area concerned.
 5723         Section 117. Paragraph (b) of subsection (1) of section
 5724  255.099, Florida Statutes, is amended to read:
 5725         255.099 Preference to state residents.—
 5726         (1) Each contract for construction that is funded by state
 5727  funds must contain a provision requiring the contractor to give
 5728  preference to the employment of state residents in the
 5729  performance of the work on the project if state residents have
 5730  substantially equal qualifications to those of nonresidents. A
 5731  contract for construction funded by local funds may contain such
 5732  a provision.
 5733         (b) A contractor required to employ state residents must
 5734  contact the Department of Economic Opportunity Agency for
 5735  Workforce Innovation to post the contractor’s employment needs
 5736  in the state’s job bank system.
 5737         Section 118. Subsection (4) of section 258.004, Florida
 5738  Statutes, is amended to read:
 5739         258.004 Duties of division.—
 5740         (4) The Division of Recreation and Parks shall provide
 5741  consultation assistance to the Department of Community Affairs
 5742  and to local governing units as to the protection, organization,
 5743  and administration of local recreation systems and the planning
 5744  and design of local recreation areas and facilities.
 5745         Section 119. Paragraph (b) of subsection (1) of section
 5746  259.035, Florida Statutes, is amended to read:
 5747         259.035 Acquisition and Restoration Council.—
 5748         (1) There is created the Acquisition and Restoration
 5749  Council.
 5750         (b) The four five remaining appointees shall be composed of
 5751  the Secretary of Environmental Protection, the director of the
 5752  Division of Forestry of the Department of Agriculture and
 5753  Consumer Services, the executive director of the Fish and
 5754  Wildlife Conservation Commission, and the director of the
 5755  Division of Historical Resources of the Department of State, and
 5756  the secretary of the Department of Community Affairs, or their
 5757  respective designees.
 5758         Section 120. Paragraphs (c) and (j) of subsection (3) of
 5759  section 259.105, Florida Statutes, are amended to read:
 5760         259.105 The Florida Forever Act.—
 5761         (3) Less the costs of issuing and the costs of funding
 5762  reserve accounts and other costs associated with bonds, the
 5763  proceeds of cash payments or bonds issued pursuant to this
 5764  section shall be deposited into the Florida Forever Trust Fund
 5765  created by s. 259.1051. The proceeds shall be distributed by the
 5766  Department of Environmental Protection in the following manner:
 5767         (c) Twenty-one percent to the Department of Environmental
 5768  Protection Community Affairs for use by the Florida Communities
 5769  Trust for the purposes of part III of chapter 380, as described
 5770  and limited by this subsection, and grants to local governments
 5771  or nonprofit environmental organizations that are tax-exempt
 5772  under s. 501(c)(3) of the United States Internal Revenue Code
 5773  for the acquisition of community-based projects, urban open
 5774  spaces, parks, and greenways to implement local government
 5775  comprehensive plans. From funds available to the trust and used
 5776  for land acquisition, 75 percent shall be matched by local
 5777  governments on a dollar-for-dollar basis. The Legislature
 5778  intends that the Florida Communities Trust emphasize funding
 5779  projects in low-income or otherwise disadvantaged communities
 5780  and projects that provide areas for direct water access and
 5781  water-dependent facilities that are open to the public and offer
 5782  public access by vessels to waters of the state, including boat
 5783  ramps and associated parking and other support facilities. At
 5784  least 30 percent of the total allocation provided to the trust
 5785  shall be used in Standard Metropolitan Statistical Areas, but
 5786  one-half of that amount shall be used in localities in which the
 5787  project site is located in built-up commercial, industrial, or
 5788  mixed-use areas and functions to intersperse open spaces within
 5789  congested urban core areas. From funds allocated to the trust,
 5790  no less than 5 percent shall be used to acquire lands for
 5791  recreational trail systems, provided that in the event these
 5792  funds are not needed for such projects, they will be available
 5793  for other trust projects. Local governments may use federal
 5794  grants or loans, private donations, or environmental mitigation
 5795  funds, including environmental mitigation funds required
 5796  pursuant to s. 338.250, for any part or all of any local match
 5797  required for acquisitions funded through the Florida Communities
 5798  Trust. Any lands purchased by nonprofit organizations using
 5799  funds allocated under this paragraph must provide for such lands
 5800  to remain permanently in public use through a reversion of title
 5801  to local or state government, conservation easement, or other
 5802  appropriate mechanism. Projects funded with funds allocated to
 5803  the Trust shall be selected in a competitive process measured
 5804  against criteria adopted in rule by the Trust.
 5805         (j) Two and five-tenths percent to the Department of
 5806  Environmental Protection Community Affairs for the acquisition
 5807  of land and capital project expenditures necessary to implement
 5808  the Stan Mayfield Working Waterfronts Program within the Florida
 5809  communities trust pursuant to s. 380.5105.
 5810         Section 121. Paragraph (d) of subsection (1) of section
 5811  260.0142, Florida Statutes, is amended to read:
 5812         260.0142 Florida Greenways and Trails Council; composition;
 5813  powers and duties.—
 5814         (1) There is created within the department the Florida
 5815  Greenways and Trails Council which shall advise the department
 5816  in the execution of the department’s powers and duties under
 5817  this chapter. The council shall be composed of 20 21 members,
 5818  consisting of:
 5819         (d) The 9 10 remaining members shall include:
 5820         1. The Secretary of Environmental Protection or a designee.
 5821         2. The executive director of the Fish and Wildlife
 5822  Conservation Commission or a designee.
 5823         3. The Secretary of Community Affairs or a designee.
 5824         3.4. The Secretary of Transportation or a designee.
 5825         4.5. The Director of the Division of Forestry of the
 5826  Department of Agriculture and Consumer Services or a designee.
 5827         5.6. The director of the Division of Historical Resources
 5828  of the Department of State or a designee.
 5829         6.7. A representative of the water management districts.
 5830  Membership on the council shall rotate among the five districts.
 5831  The districts shall determine the order of rotation.
 5832         7.8. A representative of a federal land management agency.
 5833  The Secretary of Environmental Protection shall identify the
 5834  appropriate federal agency and request designation of a
 5835  representative from the agency to serve on the council.
 5836         8.9. A representative of the regional planning councils to
 5837  be appointed by the Secretary of Environmental Protection in
 5838  consultation with the Secretary of Community Affairs. Membership
 5839  on the council shall rotate among the seven regional planning
 5840  councils. The regional planning councils shall determine the
 5841  order of rotation.
 5842         9.10. A representative of local governments to be appointed
 5843  by the Secretary of Environmental Protection in consultation
 5844  with the Secretary of Community Affairs. Membership shall
 5845  alternate between a county representative and a municipal
 5846  representative.
 5847         Section 122. Paragraph (b) of subsection (4) of section
 5848  267.0625, Florida Statutes, is amended to read:
 5849         267.0625 Abrogation of offensive and derogatory geographic
 5850  place names.—
 5851         (4) The division shall:
 5852         (b) Notify the Department of Transportation, the Department
 5853  of Economic Opportunity Office of Tourism, Trade, and Economic
 5854  Development, the Department of Management Services, and any
 5855  other entity that compiles information for or develops maps or
 5856  markers for the state of the name change so that it may be
 5857  reflected on subsequent editions of any maps, informational
 5858  literature, or markers produced by those entities.
 5859         Section 123. Section 272.11, Florida Statutes, is amended
 5860  to read:
 5861         272.11 Capitol information center.—Enterprise Florida,
 5862  Inc., The Florida Commission on Tourism shall establish,
 5863  maintain, and operate a Capitol information center somewhere
 5864  within the area of the Capitol Center and employ personnel or
 5865  enter into contracts to maintain same.
 5866         Section 124. Paragraph (a) of subsection (4) of section
 5867  282.34, Florida Statutes, is amended to read:
 5868         282.34 Statewide e-mail service.—A state e-mail system that
 5869  includes the delivery and support of e-mail, messaging, and
 5870  calendaring capabilities is established as an enterprise
 5871  information technology service as defined in s. 282.0041. The
 5872  service shall be designed to meet the needs of all executive
 5873  branch agencies. The primary goals of the service are to
 5874  minimize the state investment required to establish, operate,
 5875  and support the statewide service; reduce the cost of current e
 5876  mail operations and the number of duplicative e-mail systems;
 5877  and eliminate the need for each state agency to maintain its own
 5878  e-mail staff.
 5879         (4) All agencies must be completely migrated to the
 5880  statewide e-mail service as soon as financially and
 5881  operationally feasible, but no later than June 30, 2015.
 5882         (a) The following statewide e-mail service implementation
 5883  schedule is established for state agencies:
 5884         1. Phase 1.—The following agencies must be completely
 5885  migrated to the statewide e-mail system by June 30, 2012: the
 5886  Agency for Enterprise Information Technology; the Department of
 5887  Community Affairs, including the Division of Emergency
 5888  Management; the Department of Corrections; the Department of
 5889  Health; the Department of Highway Safety and Motor Vehicles; the
 5890  Department of Management Services, including the Division of
 5891  Administrative Hearings, the Division of Retirement, the
 5892  Commission on Human Relations, and the Public Employees
 5893  Relations Commission; the Southwood Shared Resource Center; and
 5894  the Department of Revenue.
 5895         2. Phase 2.—The following agencies must be completely
 5896  migrated to the statewide e-mail system by June 30, 2013: the
 5897  Department of Business and Professional Regulation; the
 5898  Department of Education, including the Board of Governors; the
 5899  Department of Environmental Protection; the Department of
 5900  Juvenile Justice; the Department of the Lottery; the Department
 5901  of State; the Department of Law Enforcement; the Department of
 5902  Veterans’ Affairs; the Judicial Administration Commission; the
 5903  Public Service Commission; and the Statewide Guardian Ad Litem
 5904  Office.
 5905         3. Phase 3.—The following agencies must be completely
 5906  migrated to the statewide e-mail system by June 30, 2014: the
 5907  Agency for Health Care Administration; the Agency for Workforce
 5908  Innovation; the Department of Financial Services, including the
 5909  Office of Financial Regulation and the Office of Insurance
 5910  Regulation; the Department of Agriculture and Consumer Services;
 5911  the Executive Office of the Governor, including the Division of
 5912  Emergency Management; the Department of Transportation; the Fish
 5913  and Wildlife Conservation Commission; the Agency for Persons
 5914  With Disabilities; the Northwood Shared Resource Center; and the
 5915  State Board of Administration.
 5916         4. Phase 4.—The following agencies must be completely
 5917  migrated to the statewide e-mail system by June 30, 2015: the
 5918  Department of Children and Family Services; the Department of
 5919  Citrus; the Department of Elderly Affairs; the Department of
 5920  Economic Opportunity; and the Department of Legal Affairs.
 5921         Section 125. Paragraphs (a) and (d) of subsection (1) and
 5922  subsection (4) of section 282.709, Florida Statutes, are amended
 5923  to read:
 5924         282.709 State agency law enforcement radio system and
 5925  interoperability network.—
 5926         (1) The department may acquire and administer a statewide
 5927  radio communications system to serve law enforcement units of
 5928  state agencies, and to serve local law enforcement agencies
 5929  through mutual aid channels.
 5930         (a) The department shall, in conjunction with the
 5931  Department of Law Enforcement and the Division of Emergency
 5932  Management of the Department of Community Affairs, establish
 5933  policies, procedures, and standards to be incorporated into a
 5934  comprehensive management plan for the use and operation of the
 5935  statewide radio communications system.
 5936         (d) The department shall exercise its powers and duties
 5937  under this part to plan, manage, and administer the mutual aid
 5938  channels in the statewide radio communication system.
 5939         1. In implementing such powers and duties, the department
 5940  shall consult and act in conjunction with the Department of Law
 5941  Enforcement and the Division of Emergency Management of the
 5942  Department of Community Affairs, and shall manage and administer
 5943  the mutual aid channels in a manner that reasonably addresses
 5944  the needs and concerns of the involved law enforcement agencies
 5945  and emergency response agencies and entities.
 5946         2. The department may make the mutual aid channels
 5947  available to federal agencies, state agencies, and agencies of
 5948  the political subdivisions of the state for the purpose of
 5949  public safety and domestic security.
 5950         (4) The department may create and administer an
 5951  interoperability network to enable interoperability between
 5952  various radio communications technologies and to serve federal
 5953  agencies, state agencies, and agencies of political subdivisions
 5954  of the state for the purpose of public safety and domestic
 5955  security.
 5956         (a) The department shall, in conjunction with the
 5957  Department of Law Enforcement and the Division of Emergency
 5958  Management of the Department of Community Affairs, exercise its
 5959  powers and duties pursuant to this chapter to plan, manage, and
 5960  administer the interoperability network. The office may:
 5961         1. Enter into mutual aid agreements among federal agencies,
 5962  state agencies, and political subdivisions of the state for the
 5963  use of the interoperability network.
 5964         2. Establish the cost of maintenance and operation of the
 5965  interoperability network and charge subscribing federal and
 5966  local law enforcement agencies for access and use of the
 5967  network. The department may not charge state law enforcement
 5968  agencies identified in paragraph (2)(a) to use the network.
 5969         3. In consultation with the Department of Law Enforcement
 5970  and the Division of Emergency Management of the Department of
 5971  Community Affairs, amend and enhance the statewide radio
 5972  communications system as necessary to implement the
 5973  interoperability network.
 5974         (b) The department, in consultation with the Joint Task
 5975  Force on State Agency Law Enforcement Communications, and in
 5976  conjunction with the Department of Law Enforcement and the
 5977  Division of Emergency Management of the Department of Community
 5978  Affairs, shall establish policies, procedures, and standards to
 5979  incorporate into a comprehensive management plan for the use and
 5980  operation of the interoperability network.
 5981         Section 126. Subsection (2) of section 287.0931, Florida
 5982  Statutes, is amended to read:
 5983         287.0931 Minority business enterprises; participation in
 5984  bond underwriting.—
 5985         (2) To meet such participation requirement, the minority
 5986  firm must have full-time employees located in this state, must
 5987  have a permanent place of business located in this state, and
 5988  must be a firm which is at least 51-percent-owned by minority
 5989  persons as defined in s. 288.703(3). However, for the purpose of
 5990  bond underwriting only, the requirement that the minority person
 5991  be a permanent resident of this state does shall not apply.
 5992         Section 127. Paragraph (e) of subsection (2) of section
 5993  287.0943, Florida Statutes, is amended to read:
 5994         287.0943 Certification of minority business enterprises.—
 5995         (2)
 5996         (e) In assessing the status of ownership and control,
 5997  certification criteria shall, at a minimum:
 5998         1. Link ownership by a minority person, as defined in s.
 5999  288.703(3), or as dictated by the legal obligations of a
 6000  certifying organization, to day-to-day control and financial
 6001  risk by the qualifying minority owner, and to demonstrated
 6002  expertise or licensure of a minority owner in any trade or
 6003  profession that the minority business enterprise will offer to
 6004  the state when certified. Businesses must comply with all state
 6005  licensing requirements before prior to becoming certified as a
 6006  minority business enterprise.
 6007         2. If present ownership was obtained by transfer, require
 6008  the minority person on whom eligibility is based to have owned
 6009  at least 51 percent of the applicant firm for a minimum of 2
 6010  years, when any previous majority ownership interest in the firm
 6011  was by a nonminority who is or was a relative, former employer,
 6012  or current employer of the minority person on whom eligibility
 6013  is based. This requirement does shall not apply to minority
 6014  persons who are otherwise eligible who take a 51-percent-or
 6015  greater interest in a firm that requires professional licensure
 6016  to operate and who will be the qualifying licenseholder for the
 6017  firm when certified. A transfer made within a related immediate
 6018  family group from a nonminority person to a minority person in
 6019  order to establish ownership by a minority person shall be
 6020  deemed to have been made solely for purposes of satisfying
 6021  certification criteria and shall render such ownership invalid
 6022  for purposes of qualifying for such certification if the
 6023  combined total net asset value of all members of such family
 6024  group exceeds $1 million. For purposes of this subparagraph, the
 6025  term “related immediate family group” means one or more children
 6026  under 16 years of age and a parent of such children or the
 6027  spouse of such parent residing in the same house or living unit.
 6028         3. Require that prospective certified minority business
 6029  enterprises be currently performing or seeking to perform a
 6030  useful business function. A “useful business function” is
 6031  defined as a business function which results in the provision of
 6032  materials, supplies, equipment, or services to customers. Acting
 6033  as a conduit to transfer funds to a nonminority business does
 6034  not constitute a useful business function unless it is done so
 6035  in a normal industry practice. As used in this section, the term
 6036  “acting as a conduit” means, in part, not acting as a regular
 6037  dealer by making sales of material, goods, or supplies from
 6038  items bought, kept in stock, and regularly sold to the public in
 6039  the usual course of business. Brokers, manufacturer’s
 6040  representatives, sales representatives, and nonstocking
 6041  distributors are considered as conduits that do not perform a
 6042  useful business function, unless normal industry practice
 6043  dictates.
 6044         Section 128. Paragraph (n) of subsection (4) of section
 6045  287.09451, Florida Statutes, is amended to read:
 6046         287.09451 Office of Supplier Diversity; powers, duties, and
 6047  functions.—
 6048         (4) The Office of Supplier Diversity shall have the
 6049  following powers, duties, and functions:
 6050         (n)1. To develop procedures to be used by an agency in
 6051  identifying commodities, contractual services, architectural and
 6052  engineering services, and construction contracts, except those
 6053  architectural, engineering, construction, or other related
 6054  services or contracts subject to the provisions of chapter 339,
 6055  that could be provided by minority business enterprises. Each
 6056  agency is encouraged to spend 21 percent of the moneys actually
 6057  expended for construction contracts, 25 percent of the moneys
 6058  actually expended for architectural and engineering contracts,
 6059  24 percent of the moneys actually expended for commodities, and
 6060  50.5 percent of the moneys actually expended for contractual
 6061  services during the previous fiscal year, except for the state
 6062  university construction program which shall be based upon public
 6063  education capital outlay projections for the subsequent fiscal
 6064  year, and reported to the Legislature pursuant to s. 216.023,
 6065  for the purpose of entering into contracts with certified
 6066  minority business enterprises as defined in s. 288.703(2), or
 6067  approved joint ventures. However, in the event of budget
 6068  reductions pursuant to s. 216.221, the base amounts may be
 6069  adjusted to reflect such reductions. The overall spending goal
 6070  for each industry category shall be subdivided as follows:
 6071         a. For construction contracts: 4 percent for black
 6072  Americans, 6 percent for Hispanic-Americans, and 11 percent for
 6073  American women.
 6074         b. For architectural and engineering contracts: 9 percent
 6075  for Hispanic-Americans, 1 percent for Asian-Americans, and 15
 6076  percent for American women.
 6077         c. For commodities: 2 percent for black Americans, 4
 6078  percent for Hispanic-Americans, 0.5 percent for Asian-Americans,
 6079  0.5 percent for Native Americans, and 17 percent for American
 6080  women.
 6081         d. For contractual services: 6 percent for black Americans,
 6082  7 percent for Hispanic-Americans, 1 percent for Asian-Americans,
 6083  0.5 percent for Native Americans, and 36 percent for American
 6084  women.
 6085         2. For the purposes of commodities contracts for the
 6086  purchase of equipment to be used in the construction and
 6087  maintenance of state transportation facilities involving the
 6088  Department of Transportation, the terms “minority business
 6089  enterprise” and has the same meaning as provided in s. 288.703.
 6090  “minority person” have has the same meanings meaning as provided
 6091  in s. 288.703(3). In order to ensure that the goals established
 6092  under this paragraph for contracting with certified minority
 6093  business enterprises are met, the department, with the
 6094  assistance of the Office of Supplier Diversity, shall make
 6095  recommendations to the Legislature on revisions to the goals,
 6096  based on an updated statistical analysis, at least once every 5
 6097  years. Such recommendations shall be based on statistical data
 6098  indicating the availability of and disparity in the use of
 6099  minority businesses contracting with the state. The results of
 6100  the first updated disparity study must be presented to the
 6101  Legislature no later than December 1, 1996.
 6102         3. In determining the base amounts for assessing compliance
 6103  with this paragraph, the Office of Supplier Diversity may
 6104  develop, by rule, guidelines for all agencies to use in
 6105  establishing such base amounts. These rules must include, but
 6106  are not limited to, guidelines for calculation of base amounts,
 6107  a deadline for the agencies to submit base amounts, a deadline
 6108  for approval of the base amounts by the Office of Supplier
 6109  Diversity, and procedures for adjusting the base amounts as a
 6110  result of budget reductions made pursuant to s. 216.221.
 6111         4. To determine guidelines for the use of price
 6112  preferences, weighted preference formulas, or other preferences,
 6113  as appropriate to the particular industry or trade, to increase
 6114  the participation of minority businesses in state contracting.
 6115  These guidelines shall include consideration of:
 6116         a. Size and complexity of the project.
 6117         b. The concentration of transactions with minority business
 6118  enterprises for the commodity or contractual services in
 6119  question in prior agency contracting.
 6120         c. The specificity and definition of work allocated to
 6121  participating minority business enterprises.
 6122         d. The capacity of participating minority business
 6123  enterprises to complete the tasks identified in the project.
 6124         e. The available pool of minority business enterprises as
 6125  prime contractors, either alone or as partners in an approved
 6126  joint venture that serves as the prime contractor.
 6127         5. To determine guidelines for use of joint ventures to
 6128  meet minority business enterprises spending goals. For purposes
 6129  of this section, “joint venture” means any association of two or
 6130  more business concerns to carry out a single business enterprise
 6131  for profit, for which purpose they combine their property,
 6132  capital, efforts, skills, and knowledge. The guidelines shall
 6133  allow transactions with joint ventures to be eligible for credit
 6134  against the minority business enterprise goals of an agency when
 6135  the contracting joint venture demonstrates that at least one
 6136  partner to the joint venture is a certified minority business
 6137  enterprise as defined in s. 288.703, and that such partner is
 6138  responsible for a clearly defined portion of the work to be
 6139  performed, and shares in the ownership, control, management,
 6140  responsibilities, risks, and profits of the joint venture. Such
 6141  demonstration shall be by verifiable documents and sworn
 6142  statements and may be reviewed by the Office of Supplier
 6143  Diversity at or before the time a contract bid, proposal, or
 6144  reply is submitted. An agency may count toward its minority
 6145  business enterprise goals a portion of the total dollar amount
 6146  of a contract equal to the percentage of the ownership and
 6147  control held by the qualifying certified minority business
 6148  partners in the contracting joint venture, so long as the joint
 6149  venture meets the guidelines adopted by the office.
 6150         Section 129. Subsections (1) and (5) of section 287.0947,
 6151  Florida Statutes, are amended to read:
 6152         287.0947 Florida Advisory Council on Small and Minority
 6153  Business Development; creation; membership; duties.—
 6154         (1) On or after October 1, 1996, The Secretary of
 6155  Management Services the Department of Labor and Employment
 6156  Security may create the Florida Advisory Council on Small and
 6157  Minority Business Development with the purpose of advising and
 6158  assisting the secretary in carrying out the secretary’s duties
 6159  with respect to minority businesses and economic and business
 6160  development. It is the intent of the Legislature that the
 6161  membership of such council include practitioners, laypersons,
 6162  financiers, and others with business development experience who
 6163  can provide invaluable insight and expertise for this state in
 6164  the diversification of its markets and networking of business
 6165  opportunities. The council shall initially consist of 19
 6166  persons, each of whom is or has been actively engaged in small
 6167  and minority business development, either in private industry,
 6168  in governmental service, or as a scholar of recognized
 6169  achievement in the study of such matters. Initially, the council
 6170  shall consist of members representing all regions of the state
 6171  and shall include at least one member from each group identified
 6172  within the definition of “minority person” in s. 288.703(3),
 6173  considering also gender and nationality subgroups, and shall
 6174  consist of the following:
 6175         (a) Four members consisting of representatives of local and
 6176  federal small and minority business assistance programs or
 6177  community development programs.
 6178         (b) Eight members composed of representatives of the
 6179  minority private business sector, including certified minority
 6180  business enterprises and minority supplier development councils,
 6181  among whom at least two shall be women and at least four shall
 6182  be minority persons.
 6183         (c) Two representatives of local government, one of whom
 6184  shall be a representative of a large local government, and one
 6185  of whom shall be a representative of a small local government.
 6186         (d) Two representatives from the banking and insurance
 6187  industry.
 6188         (e) Two members from the private business sector,
 6189  representing the construction and commodities industries.
 6190         (f) A member from the board of directors of Enterprise
 6191  Florida, Inc The chairperson of the Florida Black Business
 6192  Investment Board or the chairperson’s designee.
 6193  
 6194  A candidate for appointment may be considered if eligible to be
 6195  certified as an owner of a minority business enterprise, or if
 6196  otherwise qualified under the criteria above. Vacancies may be
 6197  filled by appointment of the secretary, in the manner of the
 6198  original appointment.
 6199         (5) The powers and duties of the council include, but are
 6200  not limited to: researching and reviewing the role of small and
 6201  minority businesses in the state’s economy; reviewing issues and
 6202  emerging topics relating to small and minority business economic
 6203  development; studying the ability of financial markets and
 6204  institutions to meet small business credit needs and determining
 6205  the impact of government demands on credit for small businesses;
 6206  assessing the implementation of s. 187.201(21) 187.201(22),
 6207  requiring a state economic development comprehensive plan, as it
 6208  relates to small and minority businesses; assessing the
 6209  reasonableness and effectiveness of efforts by any state agency
 6210  or by all state agencies collectively to assist minority
 6211  business enterprises; and advising the Governor, the secretary,
 6212  and the Legislature on matters relating to small and minority
 6213  business development which are of importance to the
 6214  international strategic planning and activities of this state.
 6215         Section 130. Section 288.012, Florida Statutes, is amended
 6216  to read:
 6217         288.012 State of Florida international foreign offices;
 6218  state protocol officer; protocol manual.—The Legislature finds
 6219  that the expansion of international trade and tourism is vital
 6220  to the overall health and growth of the economy of this state.
 6221  This expansion is hampered by the lack of technical and business
 6222  assistance, financial assistance, and information services for
 6223  businesses in this state. The Legislature finds that these
 6224  businesses could be assisted by providing these services at
 6225  State of Florida international foreign offices. The Legislature
 6226  further finds that the accessibility and provision of services
 6227  at these offices can be enhanced through cooperative agreements
 6228  or strategic alliances between private businesses and state
 6229  entities, local entities, and international governmental foreign
 6230  entities, and private businesses.
 6231         (1) The department Office of Tourism, Trade, and Economic
 6232  Development is authorized to:
 6233         (a) Establish and operate offices in other foreign
 6234  countries for the purpose of promoting the trade and economic
 6235  development opportunities of the state, and promoting the
 6236  gathering of trade data information and research on trade
 6237  opportunities in specific countries.
 6238         (b) Enter into agreements with governmental and private
 6239  sector entities to establish and operate offices in other
 6240  foreign countries which contain containing provisions that which
 6241  may be in conflict with the general laws of the state pertaining
 6242  to the purchase of office space, employment of personnel, and
 6243  contracts for services. When agreements pursuant to this section
 6244  are made which set compensation in another country’s foreign
 6245  currency, such agreements shall be subject to the requirements
 6246  of s. 215.425, but the purchase of another country’s foreign
 6247  currency by the department Office of Tourism, Trade, and
 6248  Economic Development to meet such obligations shall be subject
 6249  only to s. 216.311.
 6250         (2) Each international foreign office shall have in place
 6251  an operational plan approved by the participating boards or
 6252  other governing authority, a copy of which shall be provided to
 6253  the department Office of Tourism, Trade, and Economic
 6254  Development. These operating plans shall be reviewed and updated
 6255  each fiscal year and shall include, at a minimum, the following:
 6256         (a) Specific policies and procedures encompassing the
 6257  entire scope of the operation and management of each office.
 6258         (b) A comprehensive, commercial strategic plan identifying
 6259  marketing opportunities and industry sector priorities for the
 6260  foreign country or area in which an international a foreign
 6261  office is located.
 6262         (c) Provisions for access to information for Florida
 6263  businesses related to through the Florida Trade Data Center.
 6264  Each foreign office shall obtain and forward trade leads and
 6265  inquiries to the center on a regular basis.
 6266         (d) Identification of new and emerging market opportunities
 6267  for Florida businesses. Each foreign office shall provide the
 6268  Florida Trade Data Center with a compilation of foreign buyers
 6269  and importers in industry sector priority areas on an annual
 6270  basis. In return, the Florida Trade Data Center shall make
 6271  available to each foreign office, and to Enterprise Florida,
 6272  Inc., the Florida Commission on Tourism, the Florida Ports
 6273  Council, the Department of State, the Department of Citrus, and
 6274  the Department of Agriculture and Consumer Services, trade
 6275  industry, commodity, and opportunity information. This
 6276  information shall be provided to such offices and entities
 6277  either free of charge or on a fee basis with fees set only to
 6278  recover the costs of providing the information.
 6279         (e) Provision of access for Florida businesses to the
 6280  services of the Florida Trade Data Center, international trade
 6281  assistance services provided by state and local entities,
 6282  seaport and airport information, and other services identified
 6283  by the department Office of Tourism, Trade, and Economic
 6284  Development.
 6285         (f) Qualitative and quantitative performance measures for
 6286  each office, including, but not limited to, the number of
 6287  businesses assisted, the number of trade leads and inquiries
 6288  generated, the number of international foreign buyers and
 6289  importers contacted, and the amount and type of marketing
 6290  conducted.
 6291         (3) By October 1 of each year, each international foreign
 6292  office shall submit to the department Office of Tourism, Trade,
 6293  and Economic Development a complete and detailed report on its
 6294  activities and accomplishments during the preceding fiscal year.
 6295  In a format provided by Enterprise Florida, Inc., the report
 6296  must set forth information on:
 6297         (a) The number of Florida companies assisted.
 6298         (b) The number of inquiries received about investment
 6299  opportunities in this state.
 6300         (c) The number of trade leads generated.
 6301         (d) The number of investment projects announced.
 6302         (e) The estimated U.S. dollar value of sales confirmations.
 6303         (f) The number of representation agreements.
 6304         (g) The number of company consultations.
 6305         (h) Barriers or other issues affecting the effective
 6306  operation of the office.
 6307         (i) Changes in office operations which are planned for the
 6308  current fiscal year.
 6309         (j) Marketing activities conducted.
 6310         (k) Strategic alliances formed with organizations in the
 6311  country in which the office is located.
 6312         (l) Activities conducted with Florida’s other Florida
 6313  international foreign offices.
 6314         (m) Any other information that the office believes would
 6315  contribute to an understanding of its activities.
 6316         (4) The Department of Economic Opportunity Office of
 6317  Tourism, Trade, and Economic Development, in connection with the
 6318  establishment, operation, and management of any of its offices
 6319  located in another a foreign country, is exempt from the
 6320  provisions of ss. 255.21, 255.25, and 255.254 relating to
 6321  leasing of buildings; ss. 283.33 and 283.35 relating to bids for
 6322  printing; ss. 287.001-287.20 relating to purchasing and motor
 6323  vehicles; and ss. 282.003-282.0056 and 282.702-282.7101 relating
 6324  to communications, and from all statutory provisions relating to
 6325  state employment.
 6326         (a) The department Office of Tourism, Trade, and Economic
 6327  Development may exercise such exemptions only upon prior
 6328  approval of the Governor.
 6329         (b) If approval for an exemption under this section is
 6330  granted as an integral part of a plan of operation for a
 6331  specified international foreign office, such action shall
 6332  constitute continuing authority for the department Office of
 6333  Tourism, Trade, and Economic Development to exercise the
 6334  exemption, but only in the context and upon the terms originally
 6335  granted. Any modification of the approved plan of operation with
 6336  respect to an exemption contained therein must be resubmitted to
 6337  the Governor for his or her approval. An approval granted to
 6338  exercise an exemption in any other context shall be restricted
 6339  to the specific instance for which the exemption is to be
 6340  exercised.
 6341         (c) As used in this subsection, the term “plan of
 6342  operation” means the plan developed pursuant to subsection (2).
 6343         (d) Upon final action by the Governor with respect to a
 6344  request to exercise the exemption authorized in this subsection,
 6345  the department Office of Tourism, Trade, and Economic
 6346  Development shall report such action, along with the original
 6347  request and any modifications thereto, to the President of the
 6348  Senate and the Speaker of the House of Representatives within 30
 6349  days.
 6350         (5) Where feasible and appropriate, international and
 6351  subject to s. 288.1224(9), foreign offices established and
 6352  operated under this section may provide one-stop access to the
 6353  economic development, trade, and tourism information, services,
 6354  and programs of the state. Where feasible and appropriate, and
 6355  subject to s. 288.1224(9), such offices may also be collocated
 6356  with other international foreign offices of the state.
 6357         (6) The department Office of Tourism, Trade, and Economic
 6358  Development is authorized to make and to enter into contracts
 6359  with Enterprise Florida, Inc., and the Florida Commission on
 6360  Tourism to carry out the provisions of this section. The
 6361  authority, duties, and exemptions provided in this section apply
 6362  to Enterprise Florida, Inc., and the Florida Commission on
 6363  Tourism to the same degree and subject to the same conditions as
 6364  applied to the department Office of Tourism, Trade, and Economic
 6365  Development. To the greatest extent possible, such contracts
 6366  shall include provisions for cooperative agreements or strategic
 6367  alliances between private businesses and state entities,
 6368  international, foreign entities, and local governmental
 6369  entities, and private businesses to operate international
 6370  foreign offices.
 6371         (7)The Governor may designate a state protocol officer.
 6372  The state protocol officer shall be housed within the Executive
 6373  Office of the Governor. In consultation with the Governor and
 6374  other governmental officials, the state protocol officer shall
 6375  develop, maintain, publish, and distribute the state protocol
 6376  manual.
 6377         Section 131. Subsections (1) and (3) of section 288.017,
 6378  Florida Statutes, are amended to read:
 6379         288.017 Cooperative advertising matching grants program.—
 6380         (1) Enterprise Florida, Inc., The Florida Commission on
 6381  Tourism is authorized to establish a cooperative advertising
 6382  matching grants program and, pursuant thereto, to make
 6383  expenditures and enter into contracts with local governments and
 6384  nonprofit corporations for the purpose of publicizing the
 6385  tourism advantages of the state. The department Office of
 6386  Tourism, Trade, and Economic Development, based on
 6387  recommendations from Enterprise Florida, Inc., the Florida
 6388  Commission on Tourism, shall have final approval of grants
 6389  awarded through this program. Enterprise Florida, Inc., The
 6390  commission may contract with its direct-support organization to
 6391  administer the program.
 6392         (3) Enterprise Florida, Inc., The Florida Commission on
 6393  Tourism shall conduct an annual competitive selection process
 6394  for the award of grants under the program. In determining its
 6395  recommendations for the grant awards, the commission shall
 6396  consider the demonstrated need of the applicant for advertising
 6397  assistance, the feasibility and projected benefit of the
 6398  applicant’s proposal, the amount of nonstate funds that will be
 6399  leveraged, and such other criteria as the commission deems
 6400  appropriate. In evaluating grant applications, the department
 6401  Office shall consider recommendations from Enterprise Florida,
 6402  Inc. the Florida Commission on Tourism. The department Office,
 6403  however, has final approval authority for any grant under this
 6404  section.
 6405         Section 132. Section 288.018, Florida Statutes, is amended
 6406  to read:
 6407         288.018 Regional Rural Development Grants Program.—
 6408         (1) The department Office of Tourism, Trade, and Economic
 6409  Development shall establish a matching grant program to provide
 6410  funding to regionally based economic development organizations
 6411  representing rural counties and communities for the purpose of
 6412  building the professional capacity of their organizations. Such
 6413  matching grants may also be used by an economic development
 6414  organization to provide technical assistance to businesses
 6415  within the rural counties and communities that it serves. The
 6416  department Office of Tourism, Trade, and Economic Development is
 6417  authorized to approve, on an annual basis, grants to such
 6418  regionally based economic development organizations. The maximum
 6419  amount an organization may receive in any year will be $35,000,
 6420  or $100,000 in a rural area of critical economic concern
 6421  recommended by the Rural Economic Development Initiative and
 6422  designated by the Governor, and must be matched each year by an
 6423  equivalent amount of nonstate resources.
 6424         (2) In approving the participants, the department Office of
 6425  Tourism, Trade, and Economic Development shall consider the
 6426  demonstrated need of the applicant for assistance and require
 6427  the following:
 6428         (a) Documentation of official commitments of support from
 6429  each of the units of local government represented by the
 6430  regional organization.
 6431         (b) Demonstration that each unit of local government has
 6432  made a financial or in-kind commitment to the regional
 6433  organization.
 6434         (c) Demonstration that the private sector has made
 6435  financial or in-kind commitments to the regional organization.
 6436         (d) Demonstration that the organization is in existence and
 6437  actively involved in economic development activities serving the
 6438  region.
 6439         (e) Demonstration of the manner in which the organization
 6440  is or will coordinate its efforts with those of other local and
 6441  state organizations.
 6442         (3) The department Office of Tourism, Trade, and Economic
 6443  Development may also contract for the development of an
 6444  enterprise zone web portal or websites for each enterprise zone
 6445  which will be used to market the program for job creation in
 6446  disadvantaged urban and rural enterprise zones. Each enterprise
 6447  zone web page should include downloadable links to state forms
 6448  and information, as well as local message boards that help
 6449  businesses and residents receive information concerning zone
 6450  boundaries, job openings, zone programs, and neighborhood
 6451  improvement activities.
 6452         (4) The department Office of Tourism, Trade, and Economic
 6453  Development may expend up to $750,000 each fiscal year from
 6454  funds appropriated to the Rural Community Development Revolving
 6455  Loan Fund for the purposes outlined in this section. The
 6456  department Office of Tourism, Trade, and Economic Development
 6457  may contract with Enterprise Florida, Inc., for the
 6458  administration of the purposes specified in this section. Funds
 6459  released to Enterprise Florida, Inc., for this purpose shall be
 6460  released quarterly and shall be calculated based on the
 6461  applications in process.
 6462         Section 133. Subsection (4) of section 288.019, Florida
 6463  Statutes, is amended to read:
 6464         288.019 Rural considerations in grant review and evaluation
 6465  processes.—Notwithstanding any other law, and to the fullest
 6466  extent possible, the member agencies and organizations of the
 6467  Rural Economic Development Initiative (REDI) as defined in s.
 6468  288.0656(6)(a) shall review all grant and loan application
 6469  evaluation criteria to ensure the fullest access for rural
 6470  counties as defined in s. 288.0656(2) to resources available
 6471  throughout the state.
 6472         (4) For existing programs, the modified evaluation criteria
 6473  and scoring procedure must be delivered to the department Office
 6474  of Tourism, Trade, and Economic Development for distribution to
 6475  the REDI agencies and organizations. The REDI agencies and
 6476  organizations shall review and make comments. Future rules,
 6477  programs, evaluation criteria, and scoring processes must be
 6478  brought before a REDI meeting for review, discussion, and
 6479  recommendation to allow rural counties fuller access to the
 6480  state’s resources.
 6481         Section 134. Subsection (1) of section 288.021, Florida
 6482  Statutes, is amended to read:
 6483         288.021 Economic development liaison.—
 6484         (1) The heads of the Department of Transportation, the
 6485  Department of Environmental Protection and an additional member
 6486  appointed by the secretary of the department, the Department of
 6487  Labor and Employment Security, the Department of Education, the
 6488  Department of Community Affairs, the Department of Management
 6489  Services, the Department of Revenue, the Fish and Wildlife
 6490  Conservation Commission, each water management district, and
 6491  each Department of Transportation District office shall
 6492  designate a high-level staff member from within such agency to
 6493  serve as the economic development liaison for the agency. This
 6494  person shall report to the agency head and have general
 6495  knowledge both of the state’s permitting and other regulatory
 6496  functions and of the state’s economic goals, policies, and
 6497  programs. This person shall also be the primary point of contact
 6498  for the agency with the department Office of Tourism, Trade, and
 6499  Economic Development on issues and projects important to the
 6500  economic development of Florida, including its rural areas, to
 6501  expedite project review, to ensure a prompt, effective response
 6502  to problems arising with regard to permitting and regulatory
 6503  functions, and to work closely with the other economic
 6504  development liaisons to resolve interagency conflicts.
 6505         Section 135. Section 288.0251, Florida Statutes, is amended
 6506  to read:
 6507         288.0251 International development outreach activities in
 6508  Latin America and Caribbean Basin.—The department Office of
 6509  Tourism, Trade, and Economic Development may contract for the
 6510  implementation of Florida’s international volunteer corps to
 6511  provide short-term training and technical assistance activities
 6512  in Latin America and the Caribbean Basin. The entity contracted
 6513  under this section must require that such activities be
 6514  conducted by qualified volunteers who are citizens of the state.
 6515  The contracting agency must have a statewide focus and
 6516  experience in coordinating international volunteer programs.
 6517         Section 136. Subsection (1) of section 288.035, Florida
 6518  Statutes, is amended to read:
 6519         288.035 Economic development activities.—
 6520         (1) The Florida Public Service Commission may authorize
 6521  public utilities to recover reasonable economic development
 6522  expenses. For purposes of this section, recoverable “economic
 6523  development expenses” are those expenses described in subsection
 6524  (2) which are consistent with criteria to be established by
 6525  rules adopted by the department of Commerce as of June 30, 1996,
 6526  or as those criteria are later modified by the Office of
 6527  Tourism, Trade, and Economic Development.
 6528         Section 137. Section 288.037, Florida Statutes, is amended
 6529  to read:
 6530         288.037 Department of State; agreement with county tax
 6531  collector.—In order to further the economic development goals of
 6532  the state, and notwithstanding any law to the contrary, the
 6533  Department of State may enter into an agreement with the county
 6534  tax collector for the purpose of appointing the county tax
 6535  collector as the Department of State’s department’s agent to
 6536  accept applications for licenses or other similar registrations
 6537  and applications for renewals of licenses or other similar
 6538  registrations. The agreement must specify the time within which
 6539  the tax collector must forward any applications and accompanying
 6540  application fees to the Department of State.
 6541         Section 138. Subsection (3) of section 288.041, Florida
 6542  Statutes, is amended to read:
 6543         288.041 Solar energy industry; legislative findings and
 6544  policy; promotional activities.—
 6545         (3) By January 15 of each year, the Department of
 6546  Environmental Protection shall report to the Governor, the
 6547  President of the Senate, and the Speaker of the House of
 6548  Representatives on the impact of the solar energy industry on
 6549  the economy of this state and shall make any recommendations on
 6550  initiatives to further promote the solar energy industry as the
 6551  Department of Environmental Protection deems appropriate.
 6552         Section 139. Subsections (9) and (10) of section 288.047,
 6553  Florida Statutes, are amended to read:
 6554         288.047 Quick-response training for economic development.—
 6555         (9) Notwithstanding any other provision of law, eligible
 6556  matching contributions received under the Quick-Response
 6557  Training Program under this section may be counted toward the
 6558  private sector support of Enterprise Florida, Inc., under s.
 6559  288.904 s. 288.90151(5)(d).
 6560         (10) Workforce Florida, Inc., and Enterprise Florida, Inc.,
 6561  shall ensure maximum coordination and cooperation in
 6562  administering this section, in such a manner that any division
 6563  of responsibility between the two organizations which relates to
 6564  marketing or administering the Quick-Response Training Program
 6565  is not apparent to a business that inquires about or applies for
 6566  funding under this section. The organizations shall provide such
 6567  A business shall be provided with a single point of contact for
 6568  information and assistance.
 6569         Section 140. Section 288.063, Florida Statutes, is amended
 6570  to read:
 6571         288.063 Contracts for transportation projects.—
 6572         (1) The Department of Economic Opportunity may Office of
 6573  Tourism, Trade, and Economic Development is authorized to make,
 6574  and based on a recommendation from Enterprise Florida, Inc., to
 6575  approve, expenditures and enter into contracts for direct costs
 6576  of transportation projects with the appropriate governmental
 6577  body. Each application shall be reviewed and certified pursuant
 6578  to s. 288.061. The Department of Economic Opportunity Office of
 6579  Tourism, Trade, and Economic Development shall provide the
 6580  Department of Transportation, and the Department of
 6581  Environmental Protection, and the Department of Community
 6582  Affairs with an opportunity to formally review and comment on
 6583  recommended transportation projects, although the Department of
 6584  Economic Opportunity Office of Tourism, Trade, and Economic
 6585  Development has final approval authority for any project under
 6586  this section.
 6587         (2) Any contract with a governmental body for construction
 6588  of any transportation project executed by the Department of
 6589  Economic Opportunity Office of Tourism, Trade, and Economic
 6590  Development shall:
 6591         (a) Specify and identify the transportation project to be
 6592  constructed for a new or expanding business and the number of
 6593  full-time permanent jobs that will result from the project.
 6594         (b) Require that the appropriate governmental body award
 6595  the construction of the particular transportation project to the
 6596  lowest and best bidder in accordance with applicable state and
 6597  federal statutes or regulations unless the project can be
 6598  constructed with existing local government employees within the
 6599  contract period specified by the Department of Economic
 6600  Opportunity Office of Tourism, Trade, and Economic Development.
 6601         (c) Require that the appropriate governmental body provide
 6602  the department Office of Tourism, Trade, and Economic
 6603  Development with quarterly progress reports. Each quarterly
 6604  progress report shall contain a narrative description of the
 6605  work completed according to the project schedule, a description
 6606  of any change orders executed by the appropriate governmental
 6607  body, a budget summary detailing planned expenditures versus
 6608  actual expenditures, and identification of minority business
 6609  enterprises used as contractors and subcontractors. Records of
 6610  all progress payments made for work in connection with such
 6611  transportation projects, and any change orders executed by the
 6612  appropriate governmental body and payments made pursuant to such
 6613  orders, shall be maintained by that governmental body in
 6614  accordance with accepted governmental accounting principles and
 6615  practices and shall be subject to financial audit as required by
 6616  law. In addition, the appropriate governmental body, upon
 6617  completion and acceptance of the transportation project, shall
 6618  make certification to the department Office of Tourism, Trade,
 6619  and Economic Development that the project has been completed in
 6620  compliance with the terms and conditions of the contractual
 6621  agreements between the department Office of Tourism, Trade, and
 6622  Economic Development and the appropriate governmental body and
 6623  meets minimum construction standards established in accordance
 6624  with s. 336.045.
 6625         (d) Specify that the department Office of Tourism, Trade,
 6626  and Economic Development shall transfer funds upon receipt of a
 6627  request for funds from the local government, on no more than a
 6628  quarterly basis, consistent with project needs. A contract
 6629  totaling less than $200,000 is exempt from this transfer
 6630  requirement. The department may Office of Tourism, Trade, and
 6631  Economic Development shall not transfer any funds unless
 6632  construction has begun on the facility of the business on whose
 6633  behalf the award was made. Local governments shall expend funds
 6634  in a timely manner.
 6635         (e) Require that program funds be used only on those
 6636  transportation projects that have been properly reviewed and
 6637  approved in accordance with the criteria set forth in this
 6638  section.
 6639         (f) Require that the governing board of the appropriate
 6640  local governmental body agree by resolution to accept future
 6641  maintenance and other attendant costs occurring after completion
 6642  of the transportation project if the project is construction on
 6643  a county or municipal system.
 6644         (3) With respect to any contract executed pursuant to this
 6645  section, the term “transportation project” means a
 6646  transportation facility as defined in s. 334.03(31) which is
 6647  necessary in the judgment of the department Office of Tourism,
 6648  Trade, and Economic Development to facilitate the economic
 6649  development and growth of the state. Except for applications
 6650  received prior to July 1, 1996, Such transportation projects
 6651  shall be approved only as a consideration to attract new
 6652  employment opportunities to the state or expand or retain
 6653  employment in existing companies operating within the state, or
 6654  to allow for the construction or expansion of a state or federal
 6655  correctional facility in a county with a population of 75,000 or
 6656  less that creates new employment opportunities or expands or
 6657  retains employment in the county. The department Office of
 6658  Tourism, Trade, and Economic Development shall institute
 6659  procedures to ensure that small and minority businesses have
 6660  equal access to funding provided under this section. Funding for
 6661  approved transportation projects may include any expenses, other
 6662  than administrative costs and equipment purchases specified in
 6663  the contract, necessary for new, or improvement to existing,
 6664  transportation facilities. Funds made available pursuant to this
 6665  section may not be expended in connection with the relocation of
 6666  a business from one community to another community in this state
 6667  unless the department Office of Tourism, Trade, and Economic
 6668  Development determines that without such relocation the business
 6669  will move outside this state or determines that the business has
 6670  a compelling economic rationale for the relocation which creates
 6671  additional jobs. Subject to appropriation for projects under
 6672  this section, any appropriation greater than $10 million shall
 6673  be allocated to each of the districts of the Department of
 6674  Transportation to ensure equitable geographical distribution.
 6675  Such allocated funds that remain uncommitted by the third
 6676  quarter of the fiscal year shall be reallocated among the
 6677  districts based on pending project requests.
 6678         (4) The Department of Economic Opportunity Office of
 6679  Tourism, Trade, and Economic Development may adopt criteria by
 6680  which transportation projects are to be reviewed and certified
 6681  in accordance with s. 288.061. In approving transportation
 6682  projects for funding, the Department of Economic Opportunity
 6683  Office of Tourism, Trade, and Economic Development shall
 6684  consider factors including, but not limited to, the cost per job
 6685  created or retained considering the amount of transportation
 6686  funds requested; the average hourly rate of wages for jobs
 6687  created; the reliance on the program as an inducement for the
 6688  project’s location decision; the amount of capital investment to
 6689  be made by the business; the demonstrated local commitment; the
 6690  location of the project in an enterprise zone designated
 6691  pursuant to s. 290.0055; the location of the project in a
 6692  spaceport territory as defined in s. 331.304; the unemployment
 6693  rate of the surrounding area; the poverty rate of the community;
 6694  and the adoption of an economic element as part of its local
 6695  comprehensive plan in accordance with s. 163.3177(7)(j). The
 6696  Department of Economic Opportunity Office of Tourism, Trade, and
 6697  Economic Development may contact any agency it deems appropriate
 6698  for additional input regarding the approval of projects.
 6699         (5) A No project is not eligible for funding unless it that
 6700  has not been specified and identified by the Department of
 6701  Economic Opportunity Office of Tourism, Trade, and Economic
 6702  Development in accordance with subsection (4) before prior to
 6703  the initiation of construction shall be eligible for funding.
 6704         (6) The Department of Transportation shall review the
 6705  proposed projects to ensure proper coordination with
 6706  transportation projects included in the adopted work program and
 6707  may be the contracting agency when the project is on the State
 6708  Highway System. In addition, upon request by the appropriate
 6709  governmental body, the Department of Environment Protection may
 6710  advise and assist it or plan and construct other such
 6711  transportation projects for it.
 6712         (7) For the purpose of this section, Space Florida may
 6713  serve as the local government or as the contracting agency for
 6714  transportation projects within spaceport territory as defined by
 6715  s. 331.304.
 6716         (8) Each local government receiving funds under this
 6717  section shall submit to the Department of Economic Opportunity
 6718  Office of Tourism, Trade, and Economic Development a financial
 6719  audit of the local entity conducted by an independent certified
 6720  public accountant. The Department of Economic Opportunity Office
 6721  of Tourism, Trade, and Economic Development shall develop
 6722  procedures to ensure that audits are received and reviewed in a
 6723  timely manner and that deficiencies or questioned costs noted in
 6724  the audit are resolved.
 6725         (9) The Department of Economic Opportunity Office of
 6726  Tourism, Trade, and Economic Development shall monitor on site
 6727  each grant recipient, including, but not limited to, the
 6728  construction of the business facility, to ensure compliance with
 6729  contractual requirements.
 6730         (10) In addition to the other provisions of this section,
 6731  projects that the Legislature deems necessary to facilitate the
 6732  economic development and growth of the state may be designated
 6733  and funded in the General Appropriations Act. Such
 6734  transportation projects create new employment opportunities,
 6735  expand transportation infrastructure, improve mobility, or
 6736  increase transportation innovation. The Department of Economic
 6737  Opportunity Office of Tourism, Trade, and Economic Development
 6738  shall enter into contracts with, and make expenditures to, the
 6739  appropriate entities for the costs of transportation projects
 6740  designated in the General Appropriations Act.
 6741         Section 141. Subsections (1), (2), and (3) of section
 6742  288.065, Florida Statutes, are amended to read:
 6743         288.065 Rural Community Development Revolving Loan Fund.—
 6744         (1) The Rural Community Development Revolving Loan Fund
 6745  Program is established within the department in the Office of
 6746  Tourism, Trade, and Economic Development to facilitate the use
 6747  of existing federal, state, and local financial resources by
 6748  providing local governments with financial assistance to further
 6749  promote the economic viability of rural communities. These funds
 6750  may be used to finance initiatives directed toward maintaining
 6751  or developing the economic base of rural communities, especially
 6752  initiatives addressing employment opportunities for residents of
 6753  these communities.
 6754         (2)(a) The program shall provide for long-term loans, loan
 6755  guarantees, and loan loss reserves to units of local
 6756  governments, or economic development organizations substantially
 6757  underwritten by a unit of local government, within counties with
 6758  populations of 75,000 or fewer, or within any county with a
 6759  population of 125,000 or fewer which is contiguous to a county
 6760  with a population of 75,000 or fewer, based on the most recent
 6761  official population estimate as determined under s. 186.901,
 6762  including those residing in incorporated areas and those
 6763  residing in unincorporated areas of the county, or to units of
 6764  local government, or economic development organizations
 6765  substantially underwritten by a unit of local government, within
 6766  a rural area of critical economic concern.
 6767         (b) Requests for loans shall be made by application to the
 6768  department Office of Tourism, Trade, and Economic Development.
 6769  Loans shall be made pursuant to agreements specifying the terms
 6770  and conditions agreed to between the applicant and the
 6771  department Office of Tourism, Trade, and Economic Development.
 6772  The loans shall be the legal obligations of the applicant.
 6773         (c) All repayments of principal and interest shall be
 6774  returned to the loan fund and made available for loans to other
 6775  applicants. However, in a rural area of critical economic
 6776  concern designated by the Governor, and upon approval by the
 6777  department Office of Tourism, Trade, and Economic Development,
 6778  repayments of principal and interest may be retained by the
 6779  applicant if such repayments are dedicated and matched to fund
 6780  regionally based economic development organizations representing
 6781  the rural area of critical economic concern.
 6782         (3) The department Office of Tourism, Trade, and Economic
 6783  Development shall manage the fund, establishing loan practices
 6784  that must include, but are not limited to, procedures for
 6785  establishing loan interest rates, uses of funding, application
 6786  procedures, and application review procedures. The department
 6787  Office of Tourism, Trade, and Economic Development shall have
 6788  final approval authority for any loan under this section.
 6789         Section 142. Subsections (1), (2), (3), and (4) of section
 6790  288.0655, Florida Statutes, are amended to read:
 6791         288.0655 Rural Infrastructure Fund.—
 6792         (1) There is created within the department Office of
 6793  Tourism, Trade, and Economic Development the Rural
 6794  Infrastructure Fund to facilitate the planning, preparing, and
 6795  financing of infrastructure projects in rural communities which
 6796  will encourage job creation, capital investment, and the
 6797  strengthening and diversification of rural economies by
 6798  promoting tourism, trade, and economic development.
 6799         (2)(a) Funds appropriated by the Legislature shall be
 6800  distributed by the department Office through grant programs that
 6801  maximize the use of federal, local, and private resources,
 6802  including, but not limited to, those available under the Small
 6803  Cities Community Development Block Grant Program.
 6804         (b) To facilitate access of rural communities and rural
 6805  areas of critical economic concern as defined by the Rural
 6806  Economic Development Initiative to infrastructure funding
 6807  programs of the Federal Government, such as those offered by the
 6808  United States Department of Agriculture and the United States
 6809  Department of Commerce, and state programs, including those
 6810  offered by Rural Economic Development Initiative agencies, and
 6811  to facilitate local government or private infrastructure funding
 6812  efforts, the department Office may award grants for up to 30
 6813  percent of the total infrastructure project cost. If an
 6814  application for funding is for a catalyst site, as defined in s.
 6815  288.0656, the department Office may award grants for up to 40
 6816  percent of the total infrastructure project cost. Eligible
 6817  projects must be related to specific job-creation or job
 6818  retention opportunities. Eligible projects may also include
 6819  improving any inadequate infrastructure that has resulted in
 6820  regulatory action that prohibits economic or community growth or
 6821  reducing the costs to community users of proposed infrastructure
 6822  improvements that exceed such costs in comparable communities.
 6823  Eligible uses of funds shall include improvements to public
 6824  infrastructure for industrial or commercial sites and upgrades
 6825  to or development of public tourism infrastructure. Authorized
 6826  infrastructure may include the following public or public
 6827  private partnership facilities: storm water systems;
 6828  telecommunications facilities; broadband facilities; roads or
 6829  other remedies to transportation impediments; nature-based
 6830  tourism facilities; or other physical requirements necessary to
 6831  facilitate tourism, trade, and economic development activities
 6832  in the community. Authorized infrastructure may also include
 6833  publicly or privately owned self-powered nature-based tourism
 6834  facilities, publicly owned telecommunications facilities, and
 6835  broadband facilities, and additions to the distribution
 6836  facilities of the existing natural gas utility as defined in s.
 6837  366.04(3)(c), the existing electric utility as defined in s.
 6838  366.02, or the existing water or wastewater utility as defined
 6839  in s. 367.021(12), or any other existing water or wastewater
 6840  facility, which owns a gas or electric distribution system or a
 6841  water or wastewater system in this state where:
 6842         1. A contribution-in-aid of construction is required to
 6843  serve public or public-private partnership facilities under the
 6844  tariffs of any natural gas, electric, water, or wastewater
 6845  utility as defined herein; and
 6846         2. Such utilities as defined herein are willing and able to
 6847  provide such service.
 6848         (c) To facilitate timely response and induce the location
 6849  or expansion of specific job creating opportunities, the
 6850  department Office may award grants for infrastructure
 6851  feasibility studies, design and engineering activities, or other
 6852  infrastructure planning and preparation activities. Authorized
 6853  grants shall be up to $50,000 for an employment project with a
 6854  business committed to create at least 100 jobs;, up to $150,000
 6855  for an employment project with a business committed to create at
 6856  least 300 jobs;, and up to $300,000 for a project in a rural
 6857  area of critical economic concern. Grants awarded under this
 6858  paragraph may be used in conjunction with grants awarded under
 6859  paragraph (b), provided that the total amount of both grants
 6860  does not exceed 30 percent of the total project cost. In
 6861  evaluating applications under this paragraph, the department
 6862  Office shall consider the extent to which the application seeks
 6863  to minimize administrative and consultant expenses.
 6864         (d) The department By September 1, 1999, the Office shall
 6865  participate in pursue execution of a memorandum of agreement
 6866  with the United States Department of Agriculture under which
 6867  state funds available through the Rural Infrastructure Fund may
 6868  be advanced, in excess of the prescribed state share, for a
 6869  project that has received from the United States Department of
 6870  Agriculture a preliminary determination of eligibility for
 6871  federal financial support. State funds in excess of the
 6872  prescribed state share which are advanced pursuant to this
 6873  paragraph and the memorandum of agreement shall be reimbursed
 6874  when funds are awarded under an application for federal funding.
 6875         (e) To enable local governments to access the resources
 6876  available pursuant to s. 403.973(18), the department Office may
 6877  award grants for surveys, feasibility studies, and other
 6878  activities related to the identification and preclearance review
 6879  of land which is suitable for preclearance review. Authorized
 6880  grants under this paragraph shall not exceed $75,000 each,
 6881  except in the case of a project in a rural area of critical
 6882  economic concern, in which case the grant shall not exceed
 6883  $300,000. Any funds awarded under this paragraph must be matched
 6884  at a level of 50 percent with local funds, except that any funds
 6885  awarded for a project in a rural area of critical economic
 6886  concern must be matched at a level of 33 percent with local
 6887  funds. If an application for funding is for a catalyst site, as
 6888  defined in s. 288.0656, the requirement for local match may be
 6889  waived pursuant to the process in s. 288.06561. In evaluating
 6890  applications under this paragraph, the department office shall
 6891  consider the extent to which the application seeks to minimize
 6892  administrative and consultant expenses.
 6893         (3) The department office, in consultation with Enterprise
 6894  Florida, Inc., the Florida Tourism Industry Marketing
 6895  Corporation VISIT Florida, the Department of Environmental
 6896  Protection, and the Florida Fish and Wildlife Conservation
 6897  Commission, as appropriate, shall review and certify
 6898  applications pursuant to s. 288.061. The review shall include an
 6899  evaluation of the economic benefit of the projects and their
 6900  long-term viability. The department office shall have final
 6901  approval for any grant under this section.
 6902         (4) By September 1, 2012 1999, the department office shall,
 6903  in consultation with the organizations listed in subsection (3),
 6904  and other organizations, reevaluate existing develop guidelines
 6905  and criteria governing submission of applications for funding,
 6906  review and evaluation of such applications, and approval of
 6907  funding under this section. The department office shall consider
 6908  factors including, but not limited to, the project’s potential
 6909  for enhanced job creation or increased capital investment, the
 6910  demonstration and level of local public and private commitment,
 6911  whether the project is located location of the project in an
 6912  enterprise zone, the location of the project in a community
 6913  development corporation service area, or in an urban high-crime
 6914  area as the location of the project in a county designated under
 6915  s. 212.097, the unemployment rate of the county in which the
 6916  project would be located surrounding area, and the poverty rate
 6917  of the community.
 6918         Section 143. Paragraph (b) of subsection (1), paragraphs
 6919  (b) and (e) of subsection (2), paragraph (a) of subsection (6),
 6920  and paragraphs (b) and (c) of subsection (7) of section
 6921  288.0656, Florida Statutes, are amended to read:
 6922         288.0656 Rural Economic Development Initiative.—
 6923         (1)(b) The Rural Economic Development Initiative, known as
 6924  “REDI,” is created within the department Office of Tourism,
 6925  Trade, and Economic Development, and the participation of state
 6926  and regional agencies in this initiative is authorized.
 6927         (2) As used in this section, the term:
 6928         (b) “Catalyst site” means a parcel or parcels of land
 6929  within a rural area of critical economic concern that has been
 6930  prioritized as a geographic site for economic development
 6931  through partnerships with state, regional, and local
 6932  organizations. The site must be reviewed by REDI and approved by
 6933  the department Office of Tourism, Trade, and Economic
 6934  Development for the purposes of locating a catalyst project.
 6935         (e) “Rural community” means:
 6936         1. A county with a population of 75,000 or fewer.
 6937         2. A county with a population of 125,000 or fewer which is
 6938  contiguous to a county with a population of 75,000 or fewer.
 6939         3. A municipality within a county described in subparagraph
 6940  1. or subparagraph 2.
 6941         4. An unincorporated federal enterprise community or an
 6942  incorporated rural city with a population of 25,000 or fewer and
 6943  an employment base focused on traditional agricultural or
 6944  resource-based industries, located in a county not defined as
 6945  rural, which has at least three or more of the economic distress
 6946  factors identified in paragraph (c) and verified by the
 6947  department Office of Tourism, Trade, and Economic Development.
 6948  
 6949  For purposes of this paragraph, population shall be determined
 6950  in accordance with the most recent official estimate pursuant to
 6951  s. 186.901.
 6952         (6)(a) By August 1 of each year, the head of each of the
 6953  following agencies and organizations shall designate a deputy
 6954  secretary or higher-level staff person from within the agency or
 6955  organization to serve as the REDI representative for the agency
 6956  or organization:
 6957         1. The Department of Community Affairs.
 6958         1.2. The Department of Transportation.
 6959         2.3. The Department of Environmental Protection.
 6960         3.4. The Department of Agriculture and Consumer Services.
 6961         4.5. The Department of State.
 6962         5.6. The Department of Health.
 6963         6.7. The Department of Children and Family Services.
 6964         7.8. The Department of Corrections.
 6965         9.The Agency for Workforce Innovation.
 6966         8.10. The Department of Education.
 6967         9.11. The Department of Juvenile Justice.
 6968         10.12. The Fish and Wildlife Conservation Commission.
 6969         11.13. Each water management district.
 6970         12.14. Enterprise Florida, Inc.
 6971         13.15. Workforce Florida, Inc.
 6972         14.16.The Florida Commission on Tourism or VISIT Florida.
 6973         15.17. The Florida Regional Planning Council Association.
 6974         16.18. The Agency for Health Care Administration.
 6975         17.19. The Institute of Food and Agricultural Sciences
 6976  (IFAS).
 6977  
 6978  An alternate for each designee shall also be chosen, and the
 6979  names of the designees and alternates shall be sent to the
 6980  executive director of the department Office of Tourism, Trade,
 6981  and Economic Development.
 6982         (7)
 6983         (b) Designation as a rural area of critical economic
 6984  concern under this subsection shall be contingent upon the
 6985  execution of a memorandum of agreement among the department
 6986  Office of Tourism, Trade, and Economic Development; the
 6987  governing body of the county; and the governing bodies of any
 6988  municipalities to be included within a rural area of critical
 6989  economic concern. Such agreement shall specify the terms and
 6990  conditions of the designation, including, but not limited to,
 6991  the duties and responsibilities of the county and any
 6992  participating municipalities to take actions designed to
 6993  facilitate the retention and expansion of existing businesses in
 6994  the area, as well as the recruitment of new businesses to the
 6995  area.
 6996         (c) Each rural area of critical economic concern may
 6997  designate catalyst projects, provided that each catalyst project
 6998  is specifically recommended by REDI, identified as a catalyst
 6999  project by Enterprise Florida, Inc., and confirmed as a catalyst
 7000  project by the department Office of Tourism, Trade, and Economic
 7001  Development. All state agencies and departments shall use all
 7002  available tools and resources to the extent permissible by law
 7003  to promote the creation and development of each catalyst project
 7004  and the development of catalyst sites.
 7005         Section 144. Subsections (2) and (3) of section 288.06561,
 7006  Florida Statutes, are amended to read:
 7007         288.06561 Reduction or waiver of financial match
 7008  requirements.—Notwithstanding any other law, the member agencies
 7009  and organizations of the Rural Economic Development Initiative
 7010  (REDI), as defined in s. 288.0656(6)(a), shall review the
 7011  financial match requirements for projects in rural areas as
 7012  defined in s. 288.0656(2).
 7013         (2) Agencies and organizations shall ensure that all
 7014  proposals are submitted to the department Office of Tourism,
 7015  Trade, and Economic Development for review by the REDI agencies.
 7016         (3) These proposals shall be delivered to the department
 7017  Office of Tourism, Trade, and Economic Development for
 7018  distribution to the REDI agencies and organizations. A meeting
 7019  of REDI agencies and organizations must be called within 30 days
 7020  after receipt of such proposals for REDI comment and
 7021  recommendations on each proposal.
 7022         Section 145. Subsections (2) and (4) of section 288.0657,
 7023  Florida Statutes, are amended to read:
 7024         288.0657 Florida rural economic development strategy
 7025  grants.—
 7026         (2) The department Office of Tourism, Trade, and Economic
 7027  Development may accept and administer moneys appropriated to the
 7028  department office for providing grants to assist rural
 7029  communities to develop and implement strategic economic
 7030  development plans.
 7031         (4) The department Enterprise Florida, Inc., and VISIT
 7032  Florida, shall establish criteria for reviewing grant
 7033  applications. These criteria shall include, but are not limited
 7034  to, the degree of participation and commitment by the local
 7035  community and the application’s consistency with local
 7036  comprehensive plans or the application’s proposal to ensure such
 7037  consistency. The department International Trade and Economic
 7038  Development Board of Enterprise Florida, Inc., and VISIT
 7039  Florida, shall review each application for a grant and shall
 7040  submit annually to the Office for approval a list of all
 7041  applications that are recommended by the board and VISIT
 7042  Florida, arranged in order of priority. The department office
 7043  may approve grants only to the extent that funds are
 7044  appropriated for such grants by the Legislature.
 7045         Section 146. Section 288.0658, Florida Statutes, is amended
 7046  to read:
 7047         288.0658 Nature-based recreation; promotion and other
 7048  assistance by Fish and Wildlife Conservation Commission.—The
 7049  Florida Fish and Wildlife Conservation Commission is directed to
 7050  assist Enterprise Florida, Inc. the Florida Commission on
 7051  Tourism; the Florida Tourism Industry Marketing Corporation,
 7052  doing business as VISIT Florida; convention and visitor bureaus;
 7053  tourist development councils; economic development
 7054  organizations; and local governments through the provision of
 7055  marketing advice, technical expertise, promotional support, and
 7056  product development related to nature-based recreation and
 7057  sustainable use of natural resources. In carrying out this
 7058  responsibility, the Florida Fish and Wildlife Conservation
 7059  Commission shall focus its efforts on fostering nature-based
 7060  recreation in rural communities and regions encompassing rural
 7061  communities. As used in this section, the term “nature-based
 7062  recreation” means leisure activities related to the state’s
 7063  lands, waters, and fish and wildlife resources, including, but
 7064  not limited to, wildlife viewing, fishing, hiking, canoeing,
 7065  kayaking, camping, hunting, backpacking, and nature photography.
 7066         Section 147. Section 288.0659, Florida Statutes, is amended
 7067  to read:
 7068         288.0659 Local Government Distressed Area Matching Grant
 7069  Program.—
 7070         (1) The Local Government Distressed Area Matching Grant
 7071  Program is created within the department Office of Tourism,
 7072  Trade, and Economic Development. The purpose of the program is
 7073  to stimulate investment in the state’s economy by providing
 7074  grants to match demonstrated business assistance by local
 7075  governments to attract and retain businesses in this state.
 7076         (2) As used in this section, the term:
 7077         (a) “Local government” means a county or municipality.
 7078         (b) “Office” means the Office of Tourism, Trade, and
 7079  Economic Development.
 7080         (b)(c) “Qualified business assistance” means economic
 7081  incentives provided by a local government for the purpose of
 7082  attracting or retaining a specific business, including, but not
 7083  limited to, suspensions, waivers, or reductions of impact fees
 7084  or permit fees; direct incentive payments; expenditures for
 7085  onsite or offsite improvements directly benefiting a specific
 7086  business; or construction or renovation of buildings for a
 7087  specific business.
 7088         (3) The department Office may accept and administer moneys
 7089  appropriated by the Legislature to the Office for providing
 7090  grants to match expenditures by local governments to attract or
 7091  retain businesses in this state.
 7092         (4) A local government may apply for grants to match
 7093  qualified business assistance made by the local government for
 7094  the purpose of attracting or retaining a specific business. A
 7095  local government may apply for no more than one grant per
 7096  targeted business. A local government may only have one
 7097  application pending with the department Office. Additional
 7098  applications may be filed after a previous application has been
 7099  approved or denied.
 7100         (5) To qualify for a grant, the business being targeted by
 7101  a local government must create at least 15 full-time jobs, must
 7102  be new to this state, must be expanding its operations in this
 7103  state, or would otherwise leave the state absent state and local
 7104  assistance, and the local government applying for the grant must
 7105  expedite its permitting processes for the target business by
 7106  accelerating the normal review and approval timelines. In
 7107  addition to these requirements, the department office shall
 7108  review the grant requests using the following evaluation
 7109  criteria, with priority given in descending order:
 7110         (a) The presence and degree of pervasive poverty,
 7111  unemployment, and general distress as determined pursuant to s.
 7112  290.0058 in the area where the business will locate, with
 7113  priority given to locations with greater degrees of poverty,
 7114  unemployment, and general distress.
 7115         (b) The extent of reliance on the local government
 7116  expenditure as an inducement for the business’s location
 7117  decision, with priority given to higher levels of local
 7118  government expenditure.
 7119         (c) The number of new full-time jobs created, with priority
 7120  given to higher numbers of jobs created.
 7121         (d) The average hourly wage for jobs created, with priority
 7122  given to higher average wages.
 7123         (e) The amount of capital investment to be made by the
 7124  business, with priority given to higher amounts of capital
 7125  investment.
 7126         (6) In evaluating grant requests, the department Office
 7127  shall take into consideration the need for grant assistance as
 7128  it relates to the local government’s general fund balance as
 7129  well as local incentive programs that are already in existence.
 7130         (7) Funds made available pursuant to this section may not
 7131  be expended in connection with the relocation of a business from
 7132  one community to another community in this state unless the
 7133  department Office determines that without such relocation the
 7134  business will move outside this state or determines that the
 7135  business has a compelling economic rationale for the relocation
 7136  which creates additional jobs. Funds made available pursuant to
 7137  this section may not be used by the receiving local government
 7138  to supplant matching commitments required of the local
 7139  government pursuant to other state or federal incentive
 7140  programs.
 7141         (8) Within 30 days after the department Office receives an
 7142  application for a grant, the department Office shall approve a
 7143  preliminary grant allocation or disapprove the application. The
 7144  preliminary grant allocation shall be based on estimates of
 7145  qualified business assistance submitted by the local government
 7146  and shall equal 50 percent of the amount of the estimated
 7147  qualified business assistance or $50,000, whichever is less. The
 7148  preliminary grant allocation shall be executed by contract with
 7149  the local government. The contract shall set forth the terms and
 7150  conditions, including the timeframes within which the final
 7151  grant award will be disbursed. The final grant award may not
 7152  exceed the preliminary grant allocation. The department Office
 7153  may approve preliminary grant allocations only to the extent
 7154  that funds are appropriated for such grants by the Legislature.
 7155         (a) Preliminary grant allocations that are revoked or
 7156  voluntarily surrendered shall be immediately available for
 7157  reallocation.
 7158         (b) Recipients of preliminary grant allocations shall
 7159  promptly report to the department Office the date on which the
 7160  local government’s permitting and approval process is completed
 7161  and the date on which all qualified business assistance is
 7162  completed.
 7163         (9) The department Office shall make a final grant award to
 7164  a local government within 30 days after receiving information
 7165  from the local government sufficient to demonstrate actual
 7166  qualified business assistance. An awarded grant amount shall
 7167  equal 50 percent of the amount of the qualified business
 7168  assistance or $50,000, whichever is less, and may not exceed the
 7169  preliminary grant allocation. The amount by which a preliminary
 7170  grant allocation exceeds a final grant award shall be
 7171  immediately available for reallocation.
 7172         (10) Up to 2 percent of the funds appropriated annually by
 7173  the Legislature for the program may be used by the department
 7174  Office for direct administrative costs associated with
 7175  implementing this section.
 7176         Section 148. Paragraph (a) of subsection (1) of section
 7177  288.075, Florida Statutes, is amended to read:
 7178         288.075 Confidentiality of records.—
 7179         (1) DEFINITIONS.—As used in this section, the term:
 7180         (a) “Economic development agency” means:
 7181         1. The Department of Economic Opportunity Office of
 7182  Tourism, Trade, and Economic Development;
 7183         2. Any industrial development authority created in
 7184  accordance with part III of chapter 159 or by special law;
 7185         3. Space Florida created in part II of chapter 331;
 7186         4. The public economic development agency of a county or
 7187  municipality or, if the county or municipality does not have a
 7188  public economic development agency, the county or municipal
 7189  officers or employees assigned the duty to promote the general
 7190  business interests or industrial interests of that county or
 7191  municipality or the responsibilities related thereto;
 7192         5. Any research and development authority created in
 7193  accordance with part V of chapter 159; or
 7194         6. Any private agency, person, partnership, corporation, or
 7195  business entity when authorized by the state, a municipality, or
 7196  a county to promote the general business interests or industrial
 7197  interests of the state or that municipality or county.
 7198         Section 149. Paragraphs (c), (h), (p), and (r) of
 7199  subsection (1), paragraphs (a), (d), (e), (f), (h) of subsection
 7200  (2), subsections (3) and (4), paragraphs (a), (d), (e), and (g)
 7201  of subsection (5), paragraphs (a), (b), and (c) of subsection
 7202  (6), and subsections (7) and (8) of section 288.1045, Florida
 7203  Statutes, are amended, and present paragraphs (i) through (u) of
 7204  subsection (1) are redesignated as paragraphs (h) through (s),
 7205  respectively, to read:
 7206         288.1045 Qualified defense contractor and space flight
 7207  business tax refund program.—
 7208         (1) DEFINITIONS.—As used in this section:
 7209         (c) “Business unit” means an employing unit, as defined in
 7210  s. 443.036, that is registered with the department Agency for
 7211  Workforce Innovation for unemployment compensation purposes or
 7212  means a subcategory or division of an employing unit that is
 7213  accepted by the department Agency for Workforce Innovation as a
 7214  reporting unit.
 7215         (h) “Director” means the director of the Office of Tourism,
 7216  Trade, and Economic Development.
 7217         (p) “Office” means the Office of Tourism, Trade, and
 7218  Economic Development.
 7219         (p)(r) “Qualified applicant” means an applicant that has
 7220  been approved by the department director to be eligible for tax
 7221  refunds pursuant to this section.
 7222         (2) GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.—
 7223         (a) There shall be allowed, from the Economic Development
 7224  Trust Fund, a refund to a qualified applicant for the amount of
 7225  eligible taxes certified by the department director which were
 7226  paid by such qualified applicant. The total amount of refunds
 7227  for all fiscal years for each qualified applicant shall be
 7228  determined pursuant to subsection (3). The annual amount of a
 7229  refund to a qualified applicant shall be determined pursuant to
 7230  subsection (5).
 7231         (d) Contingent upon an annual appropriation by the
 7232  Legislature, the department director may approve not more in tax
 7233  refunds than the amount appropriated to the Economic Development
 7234  Trust Fund for tax refunds, for a fiscal year pursuant to
 7235  subsection (5) and s. 288.095.
 7236         (e) For the first 6 months of each fiscal year, the
 7237  department director shall set aside 30 percent of the amount
 7238  appropriated for refunds pursuant to this section by the
 7239  Legislature to provide tax refunds only to qualified applicants
 7240  who employ 500 or fewer full-time employees in this state. Any
 7241  unencumbered funds remaining undisbursed from this set-aside at
 7242  the end of the 6-month period may be used to provide tax refunds
 7243  for any qualified applicants pursuant to this section.
 7244         (f) After entering into a tax refund agreement pursuant to
 7245  subsection (4), a qualified applicant may:
 7246         1. Receive refunds from the account for corporate income
 7247  taxes due and paid pursuant to chapter 220 by that business
 7248  beginning with the first taxable year of the business which
 7249  begins after entering into the agreement.
 7250         2. Receive refunds from the account for the following taxes
 7251  due and paid by that business after entering into the agreement:
 7252         a. Taxes on sales, use, and other transactions paid
 7253  pursuant to chapter 212.
 7254         b. Intangible personal property taxes paid pursuant to
 7255  chapter 199.
 7256         c. Emergency excise taxes paid pursuant to chapter 221.
 7257         d. Excise taxes paid on documents pursuant to chapter 201.
 7258         e. Ad valorem taxes paid, as defined in s. 220.03(1)(a) on
 7259  June 1, 1996.
 7260         f. State communications services taxes administered under
 7261  chapter 202. This provision does not apply to the gross receipts
 7262  tax imposed under chapter 203 and administered under chapter 202
 7263  or the local communications services tax authorized under s.
 7264  202.19.
 7265  
 7266  However, a qualified applicant may not receive a tax refund
 7267  pursuant to this section for any amount of credit, refund, or
 7268  exemption granted such contractor for any of such taxes. If a
 7269  refund for such taxes is provided by the department Office,
 7270  which taxes are subsequently adjusted by the application of any
 7271  credit, refund, or exemption granted to the qualified applicant
 7272  other than that provided in this section, the qualified
 7273  applicant shall reimburse the Economic Development Trust Fund
 7274  for the amount of such credit, refund, or exemption. A qualified
 7275  applicant must notify and tender payment to the office within 20
 7276  days after receiving a credit, refund, or exemption, other than
 7277  that provided in this section. The addition of communications
 7278  services taxes administered under chapter 202 is remedial in
 7279  nature and retroactive to October 1, 2001. The Office may make
 7280  supplemental tax refund payments to allow for tax refunds for
 7281  communications services taxes paid by an eligible qualified
 7282  defense contractor after October 1, 2001.
 7283         (h) Funds made available pursuant to this section may not
 7284  be expended in connection with the relocation of a business from
 7285  one community to another community in this state unless the
 7286  department Office of Tourism, Trade, and Economic Development
 7287  determines that without such relocation the business will move
 7288  outside this state or determines that the business has a
 7289  compelling economic rationale for the relocation which creates
 7290  additional jobs.
 7291         (3) APPLICATION PROCESS; REQUIREMENTS; AGENCY
 7292  DETERMINATION.—
 7293         (a) To apply for certification as a qualified applicant
 7294  pursuant to this section, an applicant must file an application
 7295  with the department Office which satisfies the requirements of
 7296  paragraphs (b) and (e), paragraphs (c) and (e), paragraphs (d)
 7297  and (e), or paragraphs (e) and (j). An applicant may not apply
 7298  for certification pursuant to this section after a proposal has
 7299  been submitted for a new Department of Defense contract, after
 7300  the applicant has made the decision to consolidate an existing
 7301  Department of Defense contract in this state for which such
 7302  applicant is seeking certification, after a proposal has been
 7303  submitted for a new space flight business contract in this
 7304  state, after the applicant has made the decision to consolidate
 7305  an existing space flight business contract in this state for
 7306  which such applicant is seeking certification, or after the
 7307  applicant has made the decision to convert defense production
 7308  jobs to nondefense production jobs for which such applicant is
 7309  seeking certification.
 7310         (b) Applications for certification based on the
 7311  consolidation of a Department of Defense contract or a new
 7312  Department of Defense contract must be submitted to the
 7313  department Office as prescribed by the department Office and
 7314  must include, but are not limited to, the following information:
 7315         1. The applicant’s federal employer identification number,
 7316  the applicant’s Florida sales tax registration number, and a
 7317  signature of an officer of the applicant.
 7318         2. The permanent location of the manufacturing, assembling,
 7319  fabricating, research, development, or design facility in this
 7320  state at which the project is or is to be located.
 7321         3. The Department of Defense contract numbers of the
 7322  contract to be consolidated, the new Department of Defense
 7323  contract number, or the “RFP” number of a proposed Department of
 7324  Defense contract.
 7325         4. The date the contract was executed or is expected to be
 7326  executed, and the date the contract is due to expire or is
 7327  expected to expire.
 7328         5. The commencement date for project operations under the
 7329  contract in this state.
 7330         6. The number of net new full-time equivalent Florida jobs
 7331  included in the project as of December 31 of each year and the
 7332  average wage of such jobs.
 7333         7. The total number of full-time equivalent employees
 7334  employed by the applicant in this state.
 7335         8. The percentage of the applicant’s gross receipts derived
 7336  from Department of Defense contracts during the 5 taxable years
 7337  immediately preceding the date the application is submitted.
 7338         9. The number of full-time equivalent jobs in this state to
 7339  be retained by the project.
 7340         10. A brief statement concerning the applicant’s need for
 7341  tax refunds, and the proposed uses of such refunds by the
 7342  applicant.
 7343         11. A resolution adopted by the governing board of the
 7344  county or municipality in which the project will be located,
 7345  which recommends the applicant be approved as a qualified
 7346  applicant, and which indicates that the necessary commitments of
 7347  local financial support for the applicant exist. Prior to the
 7348  adoption of the resolution, the county commission may review the
 7349  proposed public or private sources of such support and determine
 7350  whether the proposed sources of local financial support can be
 7351  provided or, for any applicant whose project is located in a
 7352  county designated by the Rural Economic Development Initiative,
 7353  a resolution adopted by the county commissioners of such county
 7354  requesting that the applicant’s project be exempt from the local
 7355  financial support requirement.
 7356         12. Any additional information requested by the department
 7357  Office.
 7358         (c) Applications for certification based on the conversion
 7359  of defense production jobs to nondefense production jobs must be
 7360  submitted to the department Office as prescribed by the
 7361  department Office and must include, but are not limited to, the
 7362  following information:
 7363         1. The applicant’s federal employer identification number,
 7364  the applicant’s Florida sales tax registration number, and a
 7365  signature of an officer of the applicant.
 7366         2. The permanent location of the manufacturing, assembling,
 7367  fabricating, research, development, or design facility in this
 7368  state at which the project is or is to be located.
 7369         3. The Department of Defense contract numbers of the
 7370  contract under which the defense production jobs will be
 7371  converted to nondefense production jobs.
 7372         4. The date the contract was executed, and the date the
 7373  contract is due to expire or is expected to expire, or was
 7374  canceled.
 7375         5. The commencement date for the nondefense production
 7376  operations in this state.
 7377         6. The number of net new full-time equivalent Florida jobs
 7378  included in the nondefense production project as of December 31
 7379  of each year and the average wage of such jobs.
 7380         7. The total number of full-time equivalent employees
 7381  employed by the applicant in this state.
 7382         8. The percentage of the applicant’s gross receipts derived
 7383  from Department of Defense contracts during the 5 taxable years
 7384  immediately preceding the date the application is submitted.
 7385         9. The number of full-time equivalent jobs in this state to
 7386  be retained by the project.
 7387         10. A brief statement concerning the applicant’s need for
 7388  tax refunds, and the proposed uses of such refunds by the
 7389  applicant.
 7390         11. A resolution adopted by the governing board of the
 7391  county or municipality in which the project will be located,
 7392  which recommends the applicant be approved as a qualified
 7393  applicant, and which indicates that the necessary commitments of
 7394  local financial support for the applicant exist. Prior to the
 7395  adoption of the resolution, the county commission may review the
 7396  proposed public or private sources of such support and determine
 7397  whether the proposed sources of local financial support can be
 7398  provided or, for any applicant whose project is located in a
 7399  county designated by the Rural Economic Development Initiative,
 7400  a resolution adopted by the county commissioners of such county
 7401  requesting that the applicant’s project be exempt from the local
 7402  financial support requirement.
 7403         12. Any additional information requested by the department
 7404  Office.
 7405         (d) Applications for certification based on a contract for
 7406  reuse of a defense-related facility must be submitted to the
 7407  department Office as prescribed by the department office and
 7408  must include, but are not limited to, the following information:
 7409         1. The applicant’s Florida sales tax registration number
 7410  and a signature of an officer of the applicant.
 7411         2. The permanent location of the manufacturing, assembling,
 7412  fabricating, research, development, or design facility in this
 7413  state at which the project is or is to be located.
 7414         3. The business entity holding a valid Department of
 7415  Defense contract or branch of the Armed Forces of the United
 7416  States that previously occupied the facility, and the date such
 7417  entity last occupied the facility.
 7418         4. A copy of the contract to reuse the facility, or such
 7419  alternative proof as may be prescribed by the department office
 7420  that the applicant is seeking to contract for the reuse of such
 7421  facility.
 7422         5. The date the contract to reuse the facility was executed
 7423  or is expected to be executed, and the date the contract is due
 7424  to expire or is expected to expire.
 7425         6. The commencement date for project operations under the
 7426  contract in this state.
 7427         7. The number of net new full-time equivalent Florida jobs
 7428  included in the project as of December 31 of each year and the
 7429  average wage of such jobs.
 7430         8. The total number of full-time equivalent employees
 7431  employed by the applicant in this state.
 7432         9. The number of full-time equivalent jobs in this state to
 7433  be retained by the project.
 7434         10. A brief statement concerning the applicant’s need for
 7435  tax refunds, and the proposed uses of such refunds by the
 7436  applicant.
 7437         11. A resolution adopted by the governing board of the
 7438  county or municipality in which the project will be located,
 7439  which recommends the applicant be approved as a qualified
 7440  applicant, and which indicates that the necessary commitments of
 7441  local financial support for the applicant exist. Before Prior to
 7442  the adoption of the resolution, the county commission may review
 7443  the proposed public or private sources of such support and
 7444  determine whether the proposed sources of local financial
 7445  support can be provided or, for any applicant whose project is
 7446  located in a county designated by the Rural Economic Development
 7447  Initiative, a resolution adopted by the county commissioners of
 7448  such county requesting that the applicant’s project be exempt
 7449  from the local financial support requirement.
 7450         12. Any additional information requested by the department
 7451  Office.
 7452         (e) To qualify for review by the department Office, the
 7453  application of an applicant must, at a minimum, establish the
 7454  following to the satisfaction of the department office:
 7455         1. The jobs proposed to be provided under the application,
 7456  pursuant to subparagraph (b)6., subparagraph (c)6., or
 7457  subparagraph (j)6., must pay an estimated annual average wage
 7458  equaling at least 115 percent of the average wage in the area
 7459  where the project is to be located.
 7460         2. The consolidation of a Department of Defense contract
 7461  must result in a net increase of at least 25 percent in the
 7462  number of jobs at the applicant’s facilities in this state or
 7463  the addition of at least 80 jobs at the applicant’s facilities
 7464  in this state.
 7465         3. The conversion of defense production jobs to nondefense
 7466  production jobs must result in net increases in nondefense
 7467  employment at the applicant’s facilities in this state.
 7468         4. The Department of Defense contract or the space flight
 7469  business contract cannot allow the business to include the costs
 7470  of relocation or retooling in its base as allowable costs under
 7471  a cost-plus, or similar, contract.
 7472         5. A business unit of the applicant must have derived not
 7473  less than 60 percent of its gross receipts in this state from
 7474  Department of Defense contracts or space flight business
 7475  contracts over the applicant’s last fiscal year, and must have
 7476  derived not less than an average of 60 percent of its gross
 7477  receipts in this state from Department of Defense contracts or
 7478  space flight business contracts over the 5 years preceding the
 7479  date an application is submitted pursuant to this section. This
 7480  subparagraph does not apply to any application for certification
 7481  based on a contract for reuse of a defense-related facility.
 7482         6. The reuse of a defense-related facility must result in
 7483  the creation of at least 100 jobs at such facility.
 7484         7. A new space flight business contract or the
 7485  consolidation of a space flight business contract must result in
 7486  net increases in space flight business employment at the
 7487  applicant’s facilities in this state.
 7488         (f) Each application meeting the requirements of paragraphs
 7489  (b) and (e), paragraphs (c) and (e), paragraphs (d) and (e), or
 7490  paragraphs (e) and (j) must be submitted to the department
 7491  office for a determination of eligibility. The department Office
 7492  shall review and evaluate each application based on, but not
 7493  limited to, the following criteria:
 7494         1. Expected contributions to the state strategic economic
 7495  development plan prepared by the department adopted by
 7496  Enterprise Florida, Inc., taking into account the extent to
 7497  which the project contributes to the state’s high-technology
 7498  base, and the long-term impact of the project and the applicant
 7499  on the state’s economy.
 7500         2. The economic benefit of the jobs created or retained by
 7501  the project in this state, taking into account the cost and
 7502  average wage of each job created or retained, and the potential
 7503  risk to existing jobs.
 7504         3. The amount of capital investment to be made by the
 7505  applicant in this state.
 7506         4. The local commitment and support for the project and
 7507  applicant.
 7508         5. The impact of the project on the local community, taking
 7509  into account the unemployment rate for the county where the
 7510  project will be located.
 7511         6. The dependence of the local community on the defense
 7512  industry or space flight business.
 7513         7. The impact of any tax refunds granted pursuant to this
 7514  section on the viability of the project and the probability that
 7515  the project will occur in this state if such tax refunds are
 7516  granted to the applicant, taking into account the expected long
 7517  term commitment of the applicant to economic growth and
 7518  employment in this state.
 7519         8. The length of the project, or the expected long-term
 7520  commitment to this state resulting from the project.
 7521         (g) Applications shall be reviewed and certified pursuant
 7522  to s. 288.061. If appropriate, the department director shall
 7523  enter into a written agreement with the qualified applicant
 7524  pursuant to subsection (4).
 7525         (h) The department director may not certify any applicant
 7526  as a qualified applicant when the value of tax refunds to be
 7527  included in that letter of certification exceeds the available
 7528  amount of authority to certify new businesses as determined in
 7529  s. 288.095(3). A letter of certification that approves an
 7530  application must specify the maximum amount of a tax refund that
 7531  is to be available to the contractor for each fiscal year and
 7532  the total amount of tax refunds for all fiscal years.
 7533         (i) This section does not create a presumption that an
 7534  applicant should receive any tax refunds under this section.
 7535         (j) Applications for certification based upon a new space
 7536  flight business contract or the consolidation of a space flight
 7537  business contract must be submitted to the department office as
 7538  prescribed by the department office and must include, but are
 7539  not limited to, the following information:
 7540         1. The applicant’s federal employer identification number,
 7541  the applicant’s Florida sales tax registration number, and a
 7542  signature of an officer of the applicant.
 7543         2. The permanent location of the space flight business
 7544  facility in this state where the project is or will be located.
 7545         3. The new space flight business contract number, the space
 7546  flight business contract numbers of the contract to be
 7547  consolidated, or the request-for-proposal number of a proposed
 7548  space flight business contract.
 7549         4. The date the contract was executed and the date the
 7550  contract is due to expire, is expected to expire, or was
 7551  canceled.
 7552         5. The commencement date for project operations under the
 7553  contract in this state.
 7554         6. The number of net new full-time equivalent Florida jobs
 7555  included in the project as of December 31 of each year and the
 7556  average wage of such jobs.
 7557         7. The total number of full-time equivalent employees
 7558  employed by the applicant in this state.
 7559         8. The percentage of the applicant’s gross receipts derived
 7560  from space flight business contracts during the 5 taxable years
 7561  immediately preceding the date the application is submitted.
 7562         9. The number of full-time equivalent jobs in this state to
 7563  be retained by the project.
 7564         10. A brief statement concerning the applicant’s need for
 7565  tax refunds and the proposed uses of such refunds by the
 7566  applicant.
 7567         11. A resolution adopted by the governing board of the
 7568  county or municipality in which the project will be located
 7569  which recommends the applicant be approved as a qualified
 7570  applicant and indicates that the necessary commitments of local
 7571  financial support for the applicant exist. Prior to the adoption
 7572  of the resolution, the county commission may review the proposed
 7573  public or private sources of such support and determine whether
 7574  the proposed sources of local financial support can be provided
 7575  or, for any applicant whose project is located in a county
 7576  designated by the Rural Economic Development Initiative, a
 7577  resolution adopted by the county commissioners of such county
 7578  requesting that the applicant’s project be exempt from the local
 7579  financial support requirement.
 7580         12. Any additional information requested by the department
 7581  office.
 7582         (4) QUALIFIED APPLICANT TAX REFUND AGREEMENT.—
 7583         (a) A qualified applicant shall enter into a written
 7584  agreement with the department Office containing, but not limited
 7585  to, the following:
 7586         1. The total number of full-time equivalent jobs in this
 7587  state that are or will be dedicated to the qualified applicant’s
 7588  project, the average wage of such jobs, the definitions that
 7589  will apply for measuring the achievement of these terms during
 7590  the pendency of the agreement, and a time schedule or plan for
 7591  when such jobs will be in place and active in this state.
 7592         2. The maximum amount of a refund that the qualified
 7593  applicant is eligible to receive for each fiscal year, based on
 7594  the job creation or retention and maintenance schedule specified
 7595  in subparagraph 1.
 7596         3. An agreement with the department Office allowing the
 7597  department Office to review and verify the financial and
 7598  personnel records of the qualified applicant to ascertain
 7599  whether the qualified applicant is complying with the
 7600  requirements of this section.
 7601         4. The date by which, in each fiscal year, the qualified
 7602  applicant may file a claim pursuant to subsection (5) to be
 7603  considered to receive a tax refund in the following fiscal year.
 7604         5. That local financial support shall be annually available
 7605  and will be paid to the Economic Development Trust Fund.
 7606         (b) Compliance with the terms and conditions of the
 7607  agreement is a condition precedent for receipt of tax refunds
 7608  each year. The failure to comply with the terms and conditions
 7609  of the agreement shall result in the loss of eligibility for
 7610  receipt of all tax refunds previously authorized pursuant to
 7611  this section, and the revocation of the certification as a
 7612  qualified applicant by the department director, unless the
 7613  qualified applicant is eligible to receive and elects to accept
 7614  a prorated refund under paragraph (5)(g) or the department
 7615  Office grants the qualified applicant an economic-stimulus
 7616  exemption.
 7617         1. A qualified applicant may submit, in writing, a request
 7618  to the department Office for an economic-stimulus exemption. The
 7619  request must provide quantitative evidence demonstrating how
 7620  negative economic conditions in the qualified applicant’s
 7621  industry, the effects of the impact of a named hurricane or
 7622  tropical storm, or specific acts of terrorism affecting the
 7623  qualified applicant have prevented the qualified applicant from
 7624  complying with the terms and conditions of its tax refund
 7625  agreement.
 7626         2. Upon receipt of a request under subparagraph 1., the
 7627  department director shall have 45 days to notify the requesting
 7628  qualified applicant, in writing, if its exemption has been
 7629  granted or denied. In determining if an exemption should be
 7630  granted, the department director shall consider the extent to
 7631  which negative economic conditions in the requesting qualified
 7632  applicant’s industry, the effects of the impact of a named
 7633  hurricane or tropical storm, or specific acts of terrorism
 7634  affecting the qualified applicant have prevented the qualified
 7635  applicant from complying with the terms and conditions of its
 7636  tax refund agreement.
 7637         3. As a condition for receiving a prorated refund under
 7638  paragraph (5)(g) or an economic-stimulus exemption under this
 7639  paragraph, a qualified applicant must agree to renegotiate its
 7640  tax refund agreement with the department Office to, at a
 7641  minimum, ensure that the terms of the agreement comply with
 7642  current law and the Office procedures of the department
 7643  governing application for and award of tax refunds. Upon
 7644  approving the award of a prorated refund or granting an
 7645  economic-stimulus exemption, the department Office shall
 7646  renegotiate the tax refund agreement with the qualified
 7647  applicant as required by this subparagraph. When amending the
 7648  agreement of a qualified applicant receiving an economic
 7649  stimulus exemption, the department Office may extend the
 7650  duration of the agreement for a period not to exceed 2 years.
 7651         4. A qualified applicant may submit a request for an
 7652  economic-stimulus exemption to the Office in lieu of any tax
 7653  refund claim scheduled to be submitted after January 1, 2005,
 7654  but before July 1, 2006.
 7655         4.5. A qualified applicant that receives an economic
 7656  stimulus exemption may not receive a tax refund for the period
 7657  covered by the exemption.
 7658         (c) The agreement shall be signed by the executive director
 7659  and the authorized officer of the qualified applicant.
 7660         (d) The agreement must contain the following legend,
 7661  clearly printed on its face in bold type of not less than 10
 7662  points:
 7663  
 7664         “This agreement is neither a general obligation of the
 7665         State of Florida, nor is it backed by the full faith
 7666         and credit of the State of Florida. Payment of tax
 7667         refunds are conditioned on and subject to specific
 7668         annual appropriations by the Florida Legislature of
 7669         funds sufficient to pay amounts authorized in s.
 7670         288.1045, Florida Statutes.”
 7671  
 7672         (5) ANNUAL CLAIM FOR REFUND.—
 7673         (a) To be eligible to claim any scheduled tax refund,
 7674  qualified applicants who have entered into a written agreement
 7675  with the department Office pursuant to subsection (4) and who
 7676  have entered into a valid new Department of Defense contract,
 7677  entered into a valid new space flight business contract,
 7678  commenced the consolidation of a space flight business contract,
 7679  commenced the consolidation of a Department of Defense contract,
 7680  commenced the conversion of defense production jobs to
 7681  nondefense production jobs, or entered into a valid contract for
 7682  reuse of a defense-related facility must apply by January 31 of
 7683  each fiscal year to the department Office for tax refunds
 7684  scheduled to be paid from the appropriation for the fiscal year
 7685  that begins on July 1 following the January 31 claims-submission
 7686  date. The department Office may, upon written request, grant a
 7687  30-day extension of the filing date. The application must
 7688  include a notarized signature of an officer of the applicant.
 7689         (d) The department director, with assistance from the
 7690  Office, the Department of Revenue, and the Agency for Workforce
 7691  Innovation, shall, by June 30 following the scheduled date for
 7692  submitting the tax refund claim, specify by written order the
 7693  approval or disapproval of the tax refund claim and, if
 7694  approved, the amount of the tax refund that is authorized to be
 7695  paid to the qualified applicant for the annual tax refund. The
 7696  department Office may grant an extension of this date upon the
 7697  request of the qualified applicant for the purpose of filing
 7698  additional information in support of the claim.
 7699         (e) The total amount of tax refunds approved by the
 7700  department director under this section in any fiscal year may
 7701  not exceed the amount authorized under s. 288.095(3).
 7702         (g) A prorated tax refund, less a 5 percent penalty, shall
 7703  be approved for a qualified applicant provided all other
 7704  applicable requirements have been satisfied and the applicant
 7705  proves to the satisfaction of the department director that it
 7706  has achieved at least 80 percent of its projected employment and
 7707  that the average wage paid by the qualified applicant is at
 7708  least 90 percent of the average wage specified in the tax refund
 7709  agreement, but in no case less than 115 percent of the average
 7710  private sector wage in the area available at the time of
 7711  certification. The prorated tax refund shall be calculated by
 7712  multiplying the tax refund amount for which the qualified
 7713  applicant would have been eligible, if all applicable
 7714  requirements had been satisfied, by the percentage of the
 7715  average employment specified in the tax refund agreement which
 7716  was achieved, and by the percentage of the average wages
 7717  specified in the tax refund agreement which was achieved.
 7718         (6) ADMINISTRATION.—
 7719         (a) The department Office may adopt rules pursuant to
 7720  chapter 120 for the administration of this section.
 7721         (b) The department Office may verify information provided
 7722  in any claim submitted for tax credits under this section with
 7723  regard to employment and wage levels or the payment of the taxes
 7724  with the appropriate agency or authority including the
 7725  Department of Revenue, the department Agency for Workforce
 7726  Innovation, or any local government or authority.
 7727         (c) To facilitate the process of monitoring and auditing
 7728  applications made under this program, the department Office may
 7729  provide a list of qualified applicants to the Department of
 7730  Revenue, to the Agency for Workforce Innovation, or to any local
 7731  government or authority. The department Office may request the
 7732  assistance of said entities with respect to monitoring jobs,
 7733  wages, and the payment of the taxes listed in subsection (2).
 7734         (7) Notwithstanding paragraphs (4)(a) and (5)(c), the
 7735  Office may approve a waiver of the local financial support
 7736  requirement for a business located in any of the following
 7737  counties in which businesses received emergency loans
 7738  administered by the Office in response to the named hurricanes
 7739  of 2004: Bay, Brevard, Charlotte, DeSoto, Escambia, Flagler,
 7740  Glades, Hardee, Hendry, Highlands, Indian River, Lake, Lee,
 7741  Martin, Okaloosa, Okeechobee, Orange, Osceola, Palm Beach, Polk,
 7742  Putnam, Santa Rosa, Seminole, St. Lucie, Volusia, and Walton. A
 7743  waiver may be granted only if the Office determines that the
 7744  local financial support cannot be provided or that doing so
 7745  would effect a demonstrable hardship on the unit of local
 7746  government providing the local financial support. If the Office
 7747  grants a waiver of the local financial support requirement, the
 7748  state shall pay 100 percent of the refund due to an eligible
 7749  business. The waiver shall apply for tax refund applications
 7750  made for fiscal years 2004-2005, 2005-2006, and 2006-2007.
 7751         (7)(8) EXPIRATION.—An applicant may not be certified as
 7752  qualified under this section after June 30, 2014. A tax refund
 7753  agreement existing on that date shall continue in effect in
 7754  accordance with its terms.
 7755         Section 150. Paragraphs (d), (f), (n), (p), (r), and (t) of
 7756  subsection (2), paragraphs (a), (b), (e), and (f) of subsection
 7757  (3), subsection (4), paragraphs (a), (b), and (c) of subsection
 7758  (5), paragraphs (a), (c), (f), and (g) of subsection (6), and
 7759  subsection (7) are amended, present paragraphs (g) through (u)
 7760  of subsection (2) are redesignated as paragraphs (f) through
 7761  (n), respectively, and subsection (8) is created in section
 7762  288.106, Florida Statutes, to read:
 7763         288.106 Tax refund program for qualified target industry
 7764  businesses.—
 7765         (2) DEFINITIONS.—As used in this section:
 7766         (d) “Business” means an employing unit, as defined in s.
 7767  443.036, that is registered for unemployment compensation
 7768  purposes with the state agency providing unemployment tax
 7769  collection services under contract with the Agency for Workforce
 7770  Innovation through an interagency agreement pursuant to s.
 7771  443.1316, or a subcategory or division of an employing unit that
 7772  is accepted by the state agency providing unemployment tax
 7773  collection services as a reporting unit.
 7774         (f) “Director” means the Director of the Office of Tourism,
 7775  Trade, and Economic Development.
 7776         (n) “Office” means the Office of Tourism, Trade, and
 7777  Economic Development.
 7778         (n)(p) “Qualified target industry business” means a target
 7779  industry business approved by the department Office to be
 7780  eligible for tax refunds under this section.
 7781         (q) “Return on investment” means the gain in state revenues
 7782  as a percentage of the state’s investment. The state’s
 7783  investment includes state grants, tax exemptions, tax refunds,
 7784  tax credits, and other state incentives.
 7785         (o)(r) “Rural city” means a city having a population of
 7786  10,000 or fewer, or a city having a population of greater than
 7787  10,000 but fewer than 20,000 that has been determined by the
 7788  department Office to have economic characteristics such as, but
 7789  not limited to, a significant percentage of residents on public
 7790  assistance, a significant percentage of residents with income
 7791  below the poverty level, or a significant percentage of the
 7792  city’s employment base in agriculture-related industries.
 7793         (q)(t) “Target industry business” means a corporate
 7794  headquarters business or any business that is engaged in one of
 7795  the target industries identified pursuant to the following
 7796  criteria developed by the department Office in consultation with
 7797  Enterprise Florida, Inc.:
 7798         1. Future growth.—Industry forecasts should indicate strong
 7799  expectation for future growth in both employment and output,
 7800  according to the most recent available data. Special
 7801  consideration should be given to businesses that export goods
 7802  to, or provide services in, international markets and businesses
 7803  that replace domestic and international imports of goods or
 7804  services.
 7805         2. Stability.—The industry should not be subject to
 7806  periodic layoffs, whether due to seasonality or sensitivity to
 7807  volatile economic variables such as weather. The industry should
 7808  also be relatively resistant to recession, so that the demand
 7809  for products of this industry is not typically subject to
 7810  decline during an economic downturn.
 7811         3. High wage.—The industry should pay relatively high wages
 7812  compared to statewide or area averages.
 7813         4. Market and resource independent.—The location of
 7814  industry businesses should not be dependent on Florida markets
 7815  or resources as indicated by industry analysis, except for
 7816  businesses in the renewable energy industry.
 7817         5. Industrial base diversification and strengthening.—The
 7818  industry should contribute toward expanding or diversifying the
 7819  state’s or area’s economic base, as indicated by analysis of
 7820  employment and output shares compared to national and regional
 7821  trends. Special consideration should be given to industries that
 7822  strengthen regional economies by adding value to basic products
 7823  or building regional industrial clusters as indicated by
 7824  industry analysis. Special consideration should also be given to
 7825  the development of strong industrial clusters that include
 7826  defense and homeland security businesses.
 7827         6. Positive economic impact benefits.—The industry is
 7828  expected to have strong positive economic impacts on or benefits
 7829  to the state or regional economies.
 7830  
 7831  The term does not include any business engaged in retail
 7832  industry activities; any electrical utility company; any
 7833  phosphate or other solid minerals severance, mining, or
 7834  processing operation; any oil or gas exploration or production
 7835  operation; or any business subject to regulation by the Division
 7836  of Hotels and Restaurants of the Department of Business and
 7837  Professional Regulation. Any business within NAICS code 5611 or
 7838  5614, office administrative services and business support
 7839  services, respectively, may be considered a target industry
 7840  business only after the local governing body and Enterprise
 7841  Florida, Inc., make a determination that the community where the
 7842  business may locate has conditions affecting the fiscal and
 7843  economic viability of the local community or area, including but
 7844  not limited to, factors such as low per capita income, high
 7845  unemployment, high underemployment, and a lack of year-round
 7846  stable employment opportunities, and such conditions may be
 7847  improved by the location of such a business to the community. By
 7848  January 1 of every 3rd year, beginning January 1, 2011, the
 7849  department Office, in consultation with Enterprise Florida,
 7850  Inc., economic development organizations, the State University
 7851  System, local governments, employee and employer organizations,
 7852  market analysts, and economists, shall review and, as
 7853  appropriate, revise the list of such target industries and
 7854  submit the list to the Governor, the President of the Senate,
 7855  and the Speaker of the House of Representatives.
 7856         (3) TAX REFUND; ELIGIBLE AMOUNTS.—
 7857         (a) There shall be allowed, from the account, a refund to a
 7858  qualified target industry business for the amount of eligible
 7859  taxes certified by the department Office that were paid by the
 7860  business. The total amount of refunds for all fiscal years for
 7861  each qualified target industry business must be determined
 7862  pursuant to subsection (4). The annual amount of a refund to a
 7863  qualified target industry business must be determined pursuant
 7864  to subsection (6).
 7865         (b)1. Upon approval by the department Office, a qualified
 7866  target industry business shall be allowed tax refund payments
 7867  equal to $3,000 multiplied by the number of jobs specified in
 7868  the tax refund agreement under subparagraph (5)(a)1., or equal
 7869  to $6,000 multiplied by the number of jobs if the project is
 7870  located in a rural community or an enterprise zone.
 7871         2. A qualified target industry business shall be allowed
 7872  additional tax refund payments equal to $1,000 multiplied by the
 7873  number of jobs specified in the tax refund agreement under
 7874  subparagraph (5)(a)1. if such jobs pay an annual average wage of
 7875  at least 150 percent of the average private sector wage in the
 7876  area, or equal to $2,000 multiplied by the number of jobs if
 7877  such jobs pay an annual average wage of at least 200 percent of
 7878  the average private sector wage in the area.
 7879         3. A qualified target industry business shall be allowed
 7880  tax refund payments in addition to the other payments authorized
 7881  in this paragraph equal to $1,000 multiplied by the number of
 7882  jobs specified in the tax refund agreement under subparagraph
 7883  (5)(a)1. if the local financial support is equal to that of the
 7884  state’s incentive award under subparagraph 1.
 7885         4. In addition to the other tax refund payments authorized
 7886  in this paragraph, a qualified target industry business shall be
 7887  allowed a tax refund payment equal to $2,000 multiplied by the
 7888  number of jobs specified in the tax refund agreement under
 7889  subparagraph (5)(a)1. if the business:
 7890         a. Falls within one of the high-impact sectors designated
 7891  under s. 288.108; or
 7892         b. Increases exports of its goods through a seaport or
 7893  airport in the state by at least 10 percent in value or tonnage
 7894  in each of the years that the business receives a tax refund
 7895  under this section. For purposes of this sub-subparagraph,
 7896  seaports in the state are limited to the ports of Jacksonville,
 7897  Tampa, Port Everglades, Miami, Port Canaveral, Ft. Pierce, Palm
 7898  Beach, Port Manatee, Port St. Joe, Panama City, St. Petersburg,
 7899  Pensacola, Fernandina, and Key West.
 7900         (e) However, a qualified target industry business may not
 7901  receive a refund under this section for any amount of credit,
 7902  refund, or exemption previously granted to that business for any
 7903  of the taxes listed in paragraph (d). If a refund for such taxes
 7904  is provided by the department office, which taxes are
 7905  subsequently adjusted by the application of any credit, refund,
 7906  or exemption granted to the qualified target industry business
 7907  other than as provided in this section, the business shall
 7908  reimburse the account for the amount of that credit, refund, or
 7909  exemption. A qualified target industry business shall notify and
 7910  tender payment to the department office within 20 days after
 7911  receiving any credit, refund, or exemption other than one
 7912  provided in this section.
 7913         (f) Refunds made available under this section may not be
 7914  expended in connection with the relocation of a business from
 7915  one community to another community in the state unless the
 7916  department Office determines that, without such relocation, the
 7917  business will move outside the state or determines that the
 7918  business has a compelling economic rationale for relocation and
 7919  that the relocation will create additional jobs.
 7920         (4) APPLICATION AND APPROVAL PROCESS.—
 7921         (a) To apply for certification as a qualified target
 7922  industry business under this section, the business must file an
 7923  application with the department Office before the business
 7924  decides to locate in this state or before the business decides
 7925  to expand its existing operations in this state. The application
 7926  must include, but need not be limited to, the following
 7927  information:
 7928         1. The applicant’s federal employer identification number
 7929  and, if applicable, state sales tax registration number.
 7930         2. The proposed permanent location of the applicant’s
 7931  facility in this state at which the project is to be located.
 7932         3. A description of the type of business activity or
 7933  product covered by the project, including a minimum of a five
 7934  digit NAICS code for all activities included in the project. As
 7935  used in this paragraph, “NAICS” means those classifications
 7936  contained in the North American Industry Classification System,
 7937  as published in 2007 by the Office of Management and Budget,
 7938  Executive Office of the President, and updated periodically.
 7939         4. The proposed number of net new full-time equivalent
 7940  Florida jobs at the qualified target industry business as of
 7941  December 31 of each year included in the project and the average
 7942  wage of those jobs. If more than one type of business activity
 7943  or product is included in the project, the number of jobs and
 7944  average wage for those jobs must be separately stated for each
 7945  type of business activity or product.
 7946         5. The total number of full-time equivalent employees
 7947  employed by the applicant in this state, if applicable.
 7948         6. The anticipated commencement date of the project.
 7949         7. A brief statement explaining the role that the estimated
 7950  tax refunds to be requested will play in the decision of the
 7951  applicant to locate or expand in this state.
 7952         8. An estimate of the proportion of the sales resulting
 7953  from the project that will be made outside this state.
 7954         9. An estimate of the proportion of the cost of the
 7955  machinery and equipment, and any other resources necessary in
 7956  the development of its product or service, to be used by the
 7957  business in its Florida operations which will be purchased
 7958  outside this state.
 7959         10. A resolution adopted by the governing board of the
 7960  county or municipality in which the project will be located,
 7961  which resolution recommends that the project be approved as a
 7962  qualified target industry business and specifies that the
 7963  commitments of local financial support necessary for the target
 7964  industry business exist. Before the passage of such resolution,
 7965  the department office may also accept an official letter from an
 7966  authorized local economic development agency that endorses the
 7967  proposed target industry project and pledges that sources of
 7968  local financial support for such project exist. For the purposes
 7969  of making pledges of local financial support under this
 7970  subparagraph, the authorized local economic development agency
 7971  shall be officially designated by the passage of a one-time
 7972  resolution by the local governing board.
 7973         11. Any additional information requested by the department
 7974  Office.
 7975         (b) To qualify for review by the department Office, the
 7976  application of a target industry business must, at a minimum,
 7977  establish the following to the satisfaction of the department
 7978  office:
 7979         1.a. The jobs proposed to be created under the application,
 7980  pursuant to subparagraph (a)4., must pay an estimated annual
 7981  average wage equaling at least 115 percent of the average
 7982  private sector wage in the area where the business is to be
 7983  located or the statewide private sector average wage. The
 7984  governing board of the local governmental entity providing the
 7985  local financial support of the jurisdiction county where the
 7986  qualified target industry business is to be located shall notify
 7987  the department Office and Enterprise Florida, Inc., which
 7988  calculation of the average private sector wage in the area must
 7989  be used as the basis for the business’s wage commitment. In
 7990  determining the average annual wage, the department Office shall
 7991  include only new proposed jobs, and wages for existing jobs
 7992  shall be excluded from this calculation.
 7993         b. The department Office may waive the average wage
 7994  requirement at the request of the local governing body
 7995  recommending the project and Enterprise Florida, Inc. The
 7996  department Office may waive the wage requirement for a project
 7997  located in a brownfield area designated under s. 376.80, in a
 7998  rural city, in a rural community, in an enterprise zone, or for
 7999  a manufacturing project at any location in the state if the jobs
 8000  proposed to be created pay an estimated annual average wage
 8001  equaling at least 100 percent of the average private sector wage
 8002  in the area where the business is to be located, only if the
 8003  merits of the individual project or the specific circumstances
 8004  in the community in relationship to the project warrant such
 8005  action. If the local governing body and Enterprise Florida,
 8006  Inc., make such a recommendation, it must be transmitted in
 8007  writing, and the specific justification for the waiver
 8008  recommendation must be explained. If the department Office
 8009  elects to waive the wage requirement, the waiver must be stated
 8010  in writing, and the reasons for granting the waiver must be
 8011  explained.
 8012         2. The target industry business’s project must result in
 8013  the creation of at least 10 jobs at the project and, in the case
 8014  of an expansion of an existing business, must result in a net
 8015  increase in employment of at least 10 percent at the business.
 8016  At the request of the local governing body recommending the
 8017  project and Enterprise Florida, Inc., the department Office may
 8018  waive this requirement for a business in a rural community or
 8019  enterprise zone if the merits of the individual project or the
 8020  specific circumstances in the community in relationship to the
 8021  project warrant such action. If the local governing body and
 8022  Enterprise Florida, Inc., make such a request, the request must
 8023  be transmitted in writing, and the specific justification for
 8024  the request must be explained. If the department Office elects
 8025  to grant the request, the grant must be stated in writing, and
 8026  the reason for granting the request must be explained.
 8027         3. The business activity or product for the applicant’s
 8028  project must be within an industry identified by the department
 8029  Office as a target industry business that contributes to the
 8030  economic growth of the state and the area in which the business
 8031  is located, that produces a higher standard of living for
 8032  residents of this state in the new global economy, or that can
 8033  be shown to make an equivalent contribution to the area’s and
 8034  state’s economic progress.
 8035         (c) Each application meeting the requirements of paragraph
 8036  (b) must be submitted to the department Office for determination
 8037  of eligibility. The department Office shall review and evaluate
 8038  each application based on, but not limited to, the following
 8039  criteria:
 8040         1. Expected contributions to the state’s economy,
 8041  consistent with the state strategic economic development plan
 8042  prepared by the department adopted by Enterprise Florida, Inc.
 8043         2. The economic benefits return on investment of the
 8044  proposed award of tax refunds under this section and the
 8045  economic benefits of return on investment for state incentives
 8046  proposed for the project. The term “economic benefits” has the
 8047  same meaning as in s. 288.005. The Office of Economic and
 8048  Demographic Research shall review and evaluate the methodology
 8049  and model used to calculate the economic benefits return on
 8050  investment and shall report its findings by September 1 of every
 8051  3rd year, beginning September 1, 2010, to the President of the
 8052  Senate and the Speaker of the House of Representatives.
 8053         3. The amount of capital investment to be made by the
 8054  applicant in this state.
 8055         4. The local financial commitment and support for the
 8056  project.
 8057         5. The effect of the project on the unemployment rate in
 8058  the county where the project will be located.
 8059         6. The effect of the award on the viability of the project
 8060  and the probability that the project would be undertaken in this
 8061  state if such tax refunds are granted to the applicant.
 8062         7. The expected long-term commitment of the applicant to
 8063  economic growth and employment in this state resulting from the
 8064  project.
 8065         8. A review of the business’s past activities in this state
 8066  or other states, including whether such business has been
 8067  subjected to criminal or civil fines and penalties. This
 8068  subparagraph does not require the disclosure of confidential
 8069  information.
 8070         (d) Applications shall be reviewed and certified pursuant
 8071  to s. 288.061. The department Office shall include in its review
 8072  projections of the tax refunds the business would be eligible to
 8073  receive in each fiscal year based on the creation and
 8074  maintenance of the net new Florida jobs specified in
 8075  subparagraph (a)4. as of December 31 of the preceding state
 8076  fiscal year. If appropriate, the department Office shall enter
 8077  into a written agreement with the qualified target industry
 8078  business pursuant to subsection (5).
 8079         (e) The department Office may not certify any target
 8080  industry business as a qualified target industry business if the
 8081  value of tax refunds to be included in that letter of
 8082  certification exceeds the available amount of authority to
 8083  certify new businesses as determined in s. 288.095(3). However,
 8084  if the commitments of local financial support represent less
 8085  than 20 percent of the eligible tax refund payments, or to
 8086  otherwise preserve the viability and fiscal integrity of the
 8087  program, the department office may certify a qualified target
 8088  industry business to receive tax refund payments of less than
 8089  the allowable amounts specified in paragraph (3)(b). A letter of
 8090  certification that approves an application must specify the
 8091  maximum amount of tax refund that will be available to the
 8092  qualified industry business in each fiscal year and the total
 8093  amount of tax refunds that will be available to the business for
 8094  all fiscal years.
 8095         (f) This section does not create a presumption that an
 8096  applicant will receive any tax refunds under this section.
 8097  However, the department Office may issue nonbinding opinion
 8098  letters, upon the request of prospective applicants, as to the
 8099  applicants’ eligibility and the potential amount of refunds.
 8100         (5) TAX REFUND AGREEMENT.—
 8101         (a) Each qualified target industry business must enter into
 8102  a written agreement with the department Office that specifies,
 8103  at a minimum:
 8104         1. The total number of full-time equivalent jobs in this
 8105  state that will be dedicated to the project, the average wage of
 8106  those jobs, the definitions that will apply for measuring the
 8107  achievement of these terms during the pendency of the agreement,
 8108  and a time schedule or plan for when such jobs will be in place
 8109  and active in this state.
 8110         2. The maximum amount of tax refunds that the qualified
 8111  target industry business is eligible to receive on the project
 8112  and the maximum amount of a tax refund that the qualified target
 8113  industry business is eligible to receive for each fiscal year,
 8114  based on the job creation and maintenance schedule specified in
 8115  subparagraph 1.
 8116         3. That the department Office may review and verify the
 8117  financial and personnel records of the qualified target industry
 8118  business to ascertain whether that business is in compliance
 8119  with this section.
 8120         4. The date by which, in each fiscal year, the qualified
 8121  target industry business may file a claim under subsection (6)
 8122  to be considered to receive a tax refund in the following fiscal
 8123  year.
 8124         5. That local financial support will be annually available
 8125  and will be paid to the account. The department Office may not
 8126  enter into a written agreement with a qualified target industry
 8127  business if the local financial support resolution is not passed
 8128  by the local governing body within 90 days after the department
 8129  Office has issued the letter of certification under subsection
 8130  (4).
 8131         6. That the department Office may conduct a review of the
 8132  business to evaluate whether the business is continuing to
 8133  contribute to the area’s or state’s economy.
 8134         7. That in the event the business does not complete the
 8135  agreement, the business will provide the department Office with
 8136  the reasons the business was unable to complete the agreement.
 8137         (b) Compliance with the terms and conditions of the
 8138  agreement is a condition precedent for the receipt of a tax
 8139  refund each year. The failure to comply with the terms and
 8140  conditions of the tax refund agreement results in the loss of
 8141  eligibility for receipt of all tax refunds previously authorized
 8142  under this section and the revocation by the department Office
 8143  of the certification of the business entity as a qualified
 8144  target industry business, unless the business is eligible to
 8145  receive and elects to accept a prorated refund under paragraph
 8146  (6)(e) or the department Office grants the business an economic
 8147  recovery extension.
 8148         1. A qualified target industry business may submit a
 8149  request to the department Office for an economic recovery
 8150  extension. The request must provide quantitative evidence
 8151  demonstrating how negative economic conditions in the business’s
 8152  industry, the effects of a named hurricane or tropical storm, or
 8153  specific acts of terrorism affecting the qualified target
 8154  industry business have prevented the business from complying
 8155  with the terms and conditions of its tax refund agreement.
 8156         2. Upon receipt of a request under subparagraph 1., the
 8157  department Office has 45 days to notify the requesting business,
 8158  in writing, whether its extension has been granted or denied. In
 8159  determining whether an extension should be granted, the
 8160  department Office shall consider the extent to which negative
 8161  economic conditions in the requesting business’s industry have
 8162  occurred in the state or the effects of a named hurricane or
 8163  tropical storm or specific acts of terrorism affecting the
 8164  qualified target industry business have prevented the business
 8165  from complying with the terms and conditions of its tax refund
 8166  agreement. The department Office shall consider current
 8167  employment statistics for this state by industry, including
 8168  whether the business’s industry had substantial job loss during
 8169  the prior year, when determining whether an extension shall be
 8170  granted.
 8171         3. As a condition for receiving a prorated refund under
 8172  paragraph (6)(e) or an economic recovery extension under this
 8173  paragraph, a qualified target industry business must agree to
 8174  renegotiate its tax refund agreement with the department Office
 8175  to, at a minimum, ensure that the terms of the agreement comply
 8176  with current law and the department’s office procedures
 8177  governing application for and award of tax refunds. Upon
 8178  approving the award of a prorated refund or granting an economic
 8179  recovery extension, the department Office shall renegotiate the
 8180  tax refund agreement with the business as required by this
 8181  subparagraph. When amending the agreement of a business
 8182  receiving an economic recovery extension, the department Office
 8183  may extend the duration of the agreement for a period not to
 8184  exceed 2 years.
 8185         4. A qualified target industry business may submit a
 8186  request for an economic recovery extension to the department
 8187  Office in lieu of any tax refund claim scheduled to be submitted
 8188  after January 1, 2009, but before July 1, 2012.
 8189         5. A qualified target industry business that receives an
 8190  economic recovery extension may not receive a tax refund for the
 8191  period covered by the extension.
 8192         (c) The agreement must be signed by the executive director
 8193  and by an authorized officer of the qualified target industry
 8194  business within 120 days after the issuance of the letter of
 8195  certification under subsection (4), but not before passage and
 8196  receipt of the resolution of local financial support. The
 8197  department Office may grant an extension of this period at the
 8198  written request of the qualified target industry business.
 8199         (6) ANNUAL CLAIM FOR REFUND.—
 8200         (a) To be eligible to claim any scheduled tax refund, a
 8201  qualified target industry business that has entered into a tax
 8202  refund agreement with the department Office under subsection (5)
 8203  must apply by January 31 of each fiscal year to the department
 8204  office for the tax refund scheduled to be paid from the
 8205  appropriation for the fiscal year that begins on July 1
 8206  following the January 31 claims-submission date. The department
 8207  Office may, upon written request, grant a 30-day extension of
 8208  the filing date.
 8209         (c) The department Office may waive the requirement for
 8210  proof of taxes paid in future years for a qualified target
 8211  industry business that provides the office with proof that, in a
 8212  single year, the business has paid an amount of state taxes from
 8213  the categories in paragraph (3)(d) that is at least equal to the
 8214  total amount of tax refunds that the business may receive
 8215  through successful completion of its tax refund agreement.
 8216         (f) The department Office, with such assistance as may be
 8217  required from the Department of Revenue or the Agency for
 8218  Workforce Innovation, shall, by June 30 following the scheduled
 8219  date for submission of the tax refund claim, specify by written
 8220  order the approval or disapproval of the tax refund claim and,
 8221  if approved, the amount of the tax refund that is authorized to
 8222  be paid to the qualified target industry business for the annual
 8223  tax refund. The department Office may grant an extension of this
 8224  date on the request of the qualified target industry business
 8225  for the purpose of filing additional information in support of
 8226  the claim.
 8227         (g) The total amount of tax refund claims approved by the
 8228  department Office under this section in any fiscal year must not
 8229  exceed the amount authorized under s. 288.095(3).
 8230         (7) ADMINISTRATION.—
 8231         (a) The department Office may verify information provided
 8232  in any claim submitted for tax credits under this section with
 8233  regard to employment and wage levels or the payment of the taxes
 8234  to the appropriate agency or authority, including the Department
 8235  of Revenue, the Agency for Workforce Innovation, or any local
 8236  government or authority.
 8237         (b) To facilitate the process of monitoring and auditing
 8238  applications made under this section, the department Office may
 8239  provide a list of qualified target industry businesses to the
 8240  Department of Revenue, to the Agency for Workforce Innovation,
 8241  or to any local government or authority. The department Office
 8242  may request the assistance of those entities with respect to
 8243  monitoring jobs, wages, and the payment of the taxes listed in
 8244  subsection (3).
 8245         (c) Funds specifically appropriated for tax refunds for
 8246  qualified target industry businesses under this section may not
 8247  be used by the department Office for any purpose other than the
 8248  payment of tax refunds authorized by this section.
 8249         (d) Beginning with tax refund agreements signed after July
 8250  1, 2010, the department Office shall attempt to ascertain the
 8251  causes for any business’s failure to complete its agreement and
 8252  shall report its findings and recommendations to the Governor,
 8253  the President of the Senate, and the Speaker of the House of
 8254  Representatives. The report shall be submitted by December 1 of
 8255  each year beginning in 2011.
 8256         (8) SPECIAL INCENTIVES.—If the department determines it is
 8257  in the best interest of the public for reasons of facilitating
 8258  economic development, growth, or new employment opportunities
 8259  within a Disproportionally Affected County, the department may,
 8260  between July 1, 2011, and June 30, 2014, waive any or all wage
 8261  or local financial support eligibility requirements and allow a
 8262  qualified target industry business from another state which
 8263  relocates all or a portion of its business to a
 8264  Disproportionally Affected County to receive a tax refund
 8265  payment of up to $6,000 multiplied by the number of jobs
 8266  specified in the tax refund agreement under subparagraph
 8267  (5)(a)1. over the term of the agreement. Prior to granting such
 8268  waiver, the executive director of the department shall file with
 8269  the Governor a written statement of the conditions and
 8270  circumstances constituting the reason for the waiver. Such
 8271  business shall be eligible for the additional tax refund
 8272  payments specified in subparagraph (3)(b)4. if it meets the
 8273  criteria. As used in this section, the term “Disproportionally
 8274  Affected County” means Bay County, Escambia County, Franklin
 8275  County, Gulf County, Okaloosa County, Santa Rosa County, Walton
 8276  County, or Wakulla County.
 8277         Section 151. Paragraphs (d), (e), (f), (g) and (h) of
 8278  subsection (1), subsection (2), paragraphs (a), (b), (f), (g),
 8279  (h), and (i) of subsection (4), and subsection (5) of section
 8280  288.107, Florida Statutes, are amended to read:
 8281         288.107 Brownfield redevelopment bonus refunds.—
 8282         (1) DEFINITIONS.—As used in this section:
 8283         (d) “Director” means the director of the Office of Tourism,
 8284  Trade, and Economic Development.
 8285         (d)(e) “Eligible business” means:
 8286         1. A qualified target industry business as defined in s.
 8287  288.106(2); or
 8288         2. A business that can demonstrate a fixed capital
 8289  investment of at least $2 million in mixed-use business
 8290  activities, including multiunit housing, commercial, retail, and
 8291  industrial in brownfield areas, or at least $500,000 in
 8292  brownfield areas that do not require site cleanup, and that
 8293  provides benefits to its employees.
 8294         (e)(f) “Jobs” means full-time equivalent positions,
 8295  including, but not limited to, positions obtained from a
 8296  temporary employment agency or employee leasing company or
 8297  through a union agreement or coemployment under a professional
 8298  employer organization agreement, that result directly from a
 8299  project in this state. The term does not include temporary
 8300  construction jobs involved with the construction of facilities
 8301  for the project and which are not associated with the
 8302  implementation of the site rehabilitation as provided in s.
 8303  376.80.
 8304         (g) “Office” means The Office of Tourism, Trade, and
 8305  Economic Development.
 8306         (f)(h) “Project” means the creation of a new business or
 8307  the expansion of an existing business as defined in s. 288.106.
 8308         (2) BROWNFIELD REDEVELOPMENT BONUS REFUND.—Bonus refunds
 8309  shall be approved by the department Office as specified in the
 8310  final order and allowed from the account as follows:
 8311         (a) A bonus refund of $2,500 shall be allowed to any
 8312  qualified target industry business as defined in s. 288.106 for
 8313  each new Florida job created in a brownfield area that is
 8314  claimed on the qualified target industry business’s annual
 8315  refund claim authorized in s. 288.106(6).
 8316         (b) A bonus refund of up to $2,500 shall be allowed to any
 8317  other eligible business as defined in subparagraph (1)(d)2.
 8318  subparagraph (1)(e)2. for each new Florida job created in a
 8319  brownfield area that is claimed under an annual claim procedure
 8320  similar to the annual refund claim authorized in s. 288.106(6).
 8321  The amount of the refund shall be equal to 20 percent of the
 8322  average annual wage for the jobs created.
 8323         (4) PAYMENT OF BROWNFIELD REDEVELOPMENT BONUS REFUNDS.—
 8324         (a) To be eligible to receive a bonus refund for new
 8325  Florida jobs created in a brownfield area, a business must have
 8326  been certified as a qualified target industry business under s.
 8327  288.106 or eligible business as defined in paragraph (1)(d)
 8328  paragraph (1)(e) and must have indicated on the qualified target
 8329  industry business tax refund application form submitted in
 8330  accordance with s. 288.106(4) or other similar agreement for
 8331  other eligible business as defined in paragraph (1)(d) paragraph
 8332  (1)(e) that the project for which the application is submitted
 8333  is or will be located in a brownfield area and that the business
 8334  is applying for certification as a qualified brownfield business
 8335  under this section, and must have signed a qualified target
 8336  industry business tax refund agreement with the department
 8337  Office that indicates that the business has been certified as a
 8338  qualified target industry business located in a brownfield area
 8339  and specifies the schedule of brownfield redevelopment bonus
 8340  refunds that the business may be eligible to receive in each
 8341  fiscal year.
 8342         (b) To be considered to receive an eligible brownfield
 8343  redevelopment bonus refund payment, the business meeting the
 8344  requirements of paragraph (a) must submit a claim once each
 8345  fiscal year on a claim form approved by the department Office
 8346  which indicates the location of the brownfield, the address of
 8347  the business facility’s brownfield location, the name of the
 8348  brownfield in which it is located, the number of jobs created,
 8349  and the average wage of the jobs created by the business within
 8350  the brownfield as defined in s. 288.106 or other eligible
 8351  business as defined in paragraph (1)(d) paragraph (1)(e) and the
 8352  administrative rules and policies for that section.
 8353         (f) Applications shall be reviewed and certified pursuant
 8354  to s. 288.061. The department Office shall review all
 8355  applications submitted under s. 288.106 or other similar
 8356  application forms for other eligible businesses as defined in
 8357  paragraph (1)(d) paragraph (1)(e) which indicate that the
 8358  proposed project will be located in a brownfield and determine,
 8359  with the assistance of the Department of Environmental
 8360  Protection, that the project location is within a brownfield as
 8361  provided in this act.
 8362         (g) The department Office shall approve all claims for a
 8363  brownfield redevelopment bonus refund payment that are found to
 8364  meet the requirements of paragraphs (b) and (d).
 8365         (h) The department director, with such assistance as may be
 8366  required from the Office and the Department of Environmental
 8367  Protection, shall specify by written final order the amount of
 8368  the brownfield redevelopment bonus refund that is authorized for
 8369  the qualified target industry business for the fiscal year
 8370  within 30 days after the date that the claim for the annual tax
 8371  refund is received by the department office.
 8372         (i) The total amount of the bonus refunds approved by the
 8373  department director under this section in any fiscal year must
 8374  not exceed the total amount appropriated to the Economic
 8375  Development Incentives Account for this purpose for the fiscal
 8376  year. In the event that the Legislature does not appropriate an
 8377  amount sufficient to satisfy projections by the department
 8378  Office for brownfield redevelopment bonus refunds under this
 8379  section in a fiscal year, the department Office shall, not later
 8380  than July 15 of such year, determine the proportion of each
 8381  brownfield redevelopment bonus refund claim which shall be paid
 8382  by dividing the amount appropriated for tax refunds for the
 8383  fiscal year by the projected total of brownfield redevelopment
 8384  bonus refund claims for the fiscal year. The amount of each
 8385  claim for a brownfield redevelopment bonus tax refund shall be
 8386  multiplied by the resulting quotient. If, after the payment of
 8387  all such refund claims, funds remain in the Economic Development
 8388  Incentives Account for brownfield redevelopment tax refunds, the
 8389  department Office shall recalculate the proportion for each
 8390  refund claim and adjust the amount of each claim accordingly.
 8391         (5) ADMINISTRATION.—
 8392         (a) The department Office may verify information provided
 8393  in any claim submitted for tax credits under this section with
 8394  regard to employment and wage levels or the payment of the taxes
 8395  to the appropriate agency or authority, including the Department
 8396  of Revenue, the Agency for Workforce Innovation, or any local
 8397  government or authority.
 8398         (b) To facilitate the process of monitoring and auditing
 8399  applications made under this program, the department Office may
 8400  provide a list of qualified target industry businesses to the
 8401  Department of Revenue, to the Agency for Workforce Innovation,
 8402  to the Department of Environmental Protection, or to any local
 8403  government authority. The department office may request the
 8404  assistance of those entities with respect to monitoring the
 8405  payment of the taxes listed in s. 288.106(3).
 8406         Section 152. Subsection (2), paragraphs (b), (d), and (e)
 8407  of subsection (3), subsection (4), paragraphs (a) and (c) of
 8408  subsection (5), and subsections (6) and (7) of section 288.108,
 8409  Florida Statutes, are amended to read:
 8410         288.108 High-impact business.—
 8411         (2) DEFINITIONS.—As used in this section, the term:
 8412         (c)(a) “Eligible high-impact business” means a business in
 8413  one of the high-impact sectors identified by Enterprise Florida,
 8414  Inc., and certified by the department Office of Tourism, Trade,
 8415  and Economic Development as provided in subsection (5), which is
 8416  making a cumulative investment in the state of at least $50
 8417  million and creating at least 50 new full-time equivalent jobs
 8418  in the state or a research and development facility making a
 8419  cumulative investment of at least $25 million and creating at
 8420  least 25 new full-time equivalent jobs. Such investment and
 8421  employment must be achieved in a period not to exceed 3 years
 8422  after the date the business is certified as a qualified high
 8423  impact business.
 8424         (f)(b) “Qualified high-impact business” means a business in
 8425  one of the high-impact sectors that has been certified by the
 8426  department office as a qualified high-impact business to receive
 8427  a high-impact sector performance grant.
 8428         (c)“Office” means the Office of Tourism, Trade, and
 8429  Economic Development.
 8430         (d)“Director” means the director of the Office of Tourism,
 8431  Trade, and Economic Development.
 8432         (b)(e) “Cumulative investment” means the total investment
 8433  in buildings and equipment made by a qualified high-impact
 8434  business since the beginning of construction of such facility.
 8435         (d)(f) “Fiscal year” means the fiscal year of the state.
 8436         (e)(g) “Jobs” means full-time equivalent positions,
 8437  including, but not limited to, positions obtained from a
 8438  temporary employment agency or employee leasing company or
 8439  through a union agreement or coemployment under a professional
 8440  employer organization agreement, that result directly from a
 8441  project in this state. The term does not include temporary
 8442  construction jobs involved in the construction of the project
 8443  facility.
 8444         (a)(h) “Commencement of operations” means that the
 8445  qualified high-impact business has begun to actively operate the
 8446  principal function for which the facility was constructed as
 8447  determined by the department office and specified in the
 8448  qualified high-impact business agreement.
 8449         (g)(i) “Research and development” means basic and applied
 8450  research in science or engineering, as well as the design,
 8451  development, and testing of prototypes or processes of new or
 8452  improved products. Research and development does not mean market
 8453  research, routine consumer product testing, sales research,
 8454  research in the social sciences or psychology, nontechnological
 8455  activities or technical services.
 8456         (3) HIGH-IMPACT SECTOR PERFORMANCE GRANTS; ELIGIBLE
 8457  AMOUNTS.—
 8458         (b) The department Office may, in consultation with
 8459  Enterprise Florida, Inc., negotiate qualified high-impact
 8460  business performance grant awards for any single qualified high
 8461  impact business. In negotiating such awards, the department
 8462  Office shall consider the following guidelines in conjunction
 8463  with other relevant applicant impact and cost information and
 8464  analysis as required in subsection (5).
 8465         1. A qualified high-impact business making a cumulative
 8466  investment of $50 million and creating 50 jobs may be eligible
 8467  for a total qualified high-impact business performance grant of
 8468  $500,000 to $1 million.
 8469         2. A qualified high-impact business making a cumulative
 8470  investment of $100 million and creating 100 jobs may be eligible
 8471  for a total qualified high-impact business performance grant of
 8472  $1 million to $2 million.
 8473         3. A qualified high-impact business making a cumulative
 8474  investment of $800 million and creating 800 jobs may be eligible
 8475  for a qualified high-impact business performance grant of $10
 8476  million to $12 million.
 8477         4. A qualified high-impact business engaged in research and
 8478  development making a cumulative investment of $25 million and
 8479  creating 25 jobs may be eligible for a total qualified high
 8480  impact business performance grant of $700,000 to $1 million.
 8481         5. A qualified high-impact business engaged in research and
 8482  development making a cumulative investment of $75 million, and
 8483  creating 75 jobs may be eligible for a total qualified high
 8484  impact business performance grant of $2 million to $3 million.
 8485         6. A qualified high-impact business engaged in research and
 8486  development making a cumulative investment of $150 million, and
 8487  creating 150 jobs may be eligible for a qualified high-impact
 8488  business performance grant of $3.5 million to $4.5 million.
 8489         (d) The balance of the performance grant award shall be
 8490  paid to the qualified high-impact business upon the business’s
 8491  certification that full operations have commenced and that the
 8492  full investment and employment goals specified in the qualified
 8493  high-impact business agreement have been met and verified by the
 8494  department Office of Tourism, Trade, and Economic Development.
 8495  The verification must occur not later than 60 days after the
 8496  qualified high-impact business has provided the certification
 8497  specified in this paragraph.
 8498         (e) The department office may, upon a showing of reasonable
 8499  cause for delay and significant progress toward the achievement
 8500  of the investment and employment goals specified in the
 8501  qualified high-impact business agreement, extend the date for
 8502  commencement of operations, not to exceed an additional 2 years
 8503  beyond the limit specified in paragraph (2)(a), but in no case
 8504  may any high-impact sector performance grant payment be made to
 8505  the business until the scheduled goals have been achieved.
 8506         (4) OFFICE OF TOURISM, TRADE, AND ECONOMIC DEVELOPMENT
 8507  AUTHORITY TO APPROVE QUALIFIED HIGH-IMPACT BUSINESS PERFORMANCE
 8508  GRANTS.—
 8509         (a) The total amount of active performance grants scheduled
 8510  for payment by the department office in any single fiscal year
 8511  may not exceed the lesser of $30 million or the amount
 8512  appropriated by the Legislature for that fiscal year for
 8513  qualified high-impact business performance grants. If the
 8514  scheduled grant payments are not made in the year for which they
 8515  were scheduled in the qualified high-impact business agreement
 8516  and are rescheduled as authorized in paragraph (3)(e), they are,
 8517  for purposes of this paragraph, deemed to have been paid in the
 8518  year in which they were originally scheduled in the qualified
 8519  high-impact business agreement.
 8520         (b) If the Legislature does not appropriate an amount
 8521  sufficient to satisfy the qualified high-impact business
 8522  performance grant payments scheduled for any fiscal year, the
 8523  department Office shall, not later than July 15 of that year,
 8524  determine the proportion of each grant payment which may be paid
 8525  by dividing the amount appropriated for qualified high-impact
 8526  business performance grant payments for the fiscal year by the
 8527  total performance grant payments scheduled in all performance
 8528  grant agreements for the fiscal year. The amount of each grant
 8529  scheduled for payment in that fiscal year must be multiplied by
 8530  the resulting quotient. All businesses affected by this
 8531  calculation must be notified by August 1 of each fiscal year.
 8532  If, after the payment of all the refund claims, funds remain in
 8533  the appropriation for payment of qualified high-impact business
 8534  performance grants, the department Office shall recalculate the
 8535  proportion for each performance grant payment and adjust the
 8536  amount of each claim accordingly.
 8537         (5) APPLICATIONS; CERTIFICATION PROCESS; GRANT AGREEMENT.—
 8538         (a) The department shall review an application pursuant to
 8539  s. 288.061 which is received from any eligible business, as
 8540  defined in subsection (2), shall apply to Enterprise Florida,
 8541  Inc., for consideration as a qualified high-impact business
 8542  before the business has made a decision to locate or expand a
 8543  facility in this state. The business must provide application,
 8544  developed by the Office of Tourism, Trade, and Economic
 8545  Development, in consultation with Enterprise Florida, Inc., must
 8546  include, but is not limited to, the following information:
 8547         1. A complete description of the type of facility, business
 8548  operations, and product or service associated with the project.
 8549         2. The number of full-time equivalent jobs that will be
 8550  created by the project and the average annual wage of those
 8551  jobs.
 8552         3. The cumulative amount of investment to be dedicated to
 8553  this project within 3 years.
 8554         4. A statement concerning any special impacts the facility
 8555  is expected to stimulate in the sector, the state, or regional
 8556  economy and in state universities and community colleges.
 8557         5. A statement concerning the role the grant will play in
 8558  the decision of the applicant business to locate or expand in
 8559  this state.
 8560         6. Any additional information requested by the department
 8561  Enterprise Florida, Inc., and the Office of Tourism, Trade, and
 8562  Economic Development.
 8563         (c) The department director and the qualified high-impact
 8564  business shall enter into a performance grant agreement setting
 8565  forth the conditions for payment of the qualified high-impact
 8566  business performance grant. The agreement shall include the
 8567  total amount of the qualified high-impact business facility
 8568  performance grant award, the performance conditions that must be
 8569  met to obtain the award, including the employment, average
 8570  salary, investment, the methodology for determining if the
 8571  conditions have been met, and the schedule of performance grant
 8572  payments.
 8573         (6) SELECTION AND DESIGNATION OF HIGH-IMPACT SECTORS.—
 8574         (a) Enterprise Florida, Inc., shall, by January 1, of every
 8575  third year, beginning January 1, 2011, initiate the process of
 8576  reviewing and, if appropriate, selecting a new high-impact
 8577  sector for designation or recommending the deactivation of a
 8578  designated high-impact sector. The process of reviewing
 8579  designated high-impact sectors or recommending the deactivation
 8580  of a designated high-impact sector shall be in consultation with
 8581  the department office, economic development organizations, the
 8582  State University System, local governments, employee and
 8583  employer organizations, market analysts, and economists.
 8584         (b) The department Office has authority, only after
 8585  recommendation from Enterprise Florida, Inc., to designate a
 8586  high-impact sector or to deauthorize a designated high-impact
 8587  sector.
 8588         (c) To begin the process of selecting and designating a new
 8589  high-impact sector, Enterprise Florida, Inc., shall undertake a
 8590  thorough study of the proposed sector. This study must consider
 8591  the definition of the sector, including the types of facilities
 8592  which characterize the sector that might qualify for a high
 8593  impact performance grant and whether a powerful incentive like
 8594  the high-impact performance grant is needed to induce major
 8595  facilities in the sector to locate or grow in this state; the
 8596  benefits that major facilities in the sector have or could have
 8597  on the state’s economy and the relative significance of those
 8598  benefits; the needs of the sector and major sector facilities,
 8599  including natural, public, and human resources and benefits and
 8600  costs with regard to these resources; the sector’s current and
 8601  future markets; the current fiscal and potential fiscal impacts
 8602  of the sector, to both the state and its communities; any
 8603  geographic opportunities or limitations with regard to the
 8604  sector, including areas of the state most likely to benefit from
 8605  the sector and areas unlikely to benefit from the sector; the
 8606  state’s advantages or disadvantages with regard to the sector;
 8607  and the long-term expectations for the industry on a global
 8608  level and in the state. If Enterprise Florida, Inc., finds
 8609  favorable conditions for the designation of the sector as a
 8610  high-impact sector, it shall include in the study
 8611  recommendations for a complete and comprehensive sector
 8612  strategy, including appropriate marketing and workforce
 8613  strategies for the entire sector and any recommendations that
 8614  Enterprise Florida, Inc., may have for statutory or policy
 8615  changes needed to improve the state’s business climate and to
 8616  attract and grow Florida businesses, particularly small
 8617  businesses, in the proposed sector. The study shall reflect the
 8618  finding of the sector-business network specified in paragraph
 8619  (d).
 8620         (d) In conjunction with the study required in paragraph
 8621  (c), Enterprise Florida, Inc., shall develop and consult with a
 8622  network of sector businesses. While this network may include
 8623  non-Florida businesses, it must include any businesses currently
 8624  within the state. If the number of Florida businesses in the
 8625  sector is large, a representative cross-section of Florida
 8626  sector businesses may form the core of this network.
 8627         (e) The study and its findings and recommendations and the
 8628  recommendations gathered from the sector-business network must
 8629  be discussed and considered during at least one the meeting per
 8630  calendar year of leaders in business, government, education,
 8631  workforce development, and economic development called by the
 8632  Governor to address the business climate in the state, develop a
 8633  common vision for the economic future of the state, and identify
 8634  economic development efforts to fulfill that vision required in
 8635  s. 14.2015(2)(e).
 8636         (f) If after consideration of the completed study required
 8637  in paragraph (c) and the input derived from consultation with
 8638  the sector-business network in paragraph (d) and the quarterly
 8639  meeting as required in paragraph (e), the board of directors of
 8640  Enterprise Florida, Inc., finds that the sector will have
 8641  exceptionally large and widespread benefits to the state and its
 8642  citizens, relative to any public costs; that the sector is
 8643  characterized by the types of facilities that require
 8644  exceptionally large investments and provide employment
 8645  opportunities to a relatively large number of workers in high
 8646  quality, high-income jobs that might qualify for a high-impact
 8647  performance grant; and that given the competition for such
 8648  businesses it may be necessary for the state to be able to offer
 8649  a large inducement, such as a high-impact performance grant, to
 8650  attract such a business to the state or to encourage businesses
 8651  to continue to grow in the state, the board of directors of
 8652  Enterprise Florida, Inc., may recommend that the department
 8653  office consider the designation of the sector as a high-impact
 8654  business sector.
 8655         (g) Upon receiving a recommendation from the board of
 8656  directors of Enterprise Florida, Inc., together with the study
 8657  required in paragraph (c) and a summary of the findings and
 8658  recommendations of the sector-business network required in
 8659  paragraph (d), including a list of all meetings of the sector
 8660  network and participants in those meetings and the findings and
 8661  recommendations from the quarterly meeting as required in
 8662  paragraph (e), the department Office shall after a thorough
 8663  evaluation of the study and accompanying materials report its
 8664  findings and either concur in the recommendation of Enterprise
 8665  Florida, Inc., and designate the sector as a high-impact
 8666  business sector or notify Enterprise Florida, Inc., that it does
 8667  not concur and deny the board’s request for designation or
 8668  return the recommendation and study to Enterprise Florida, Inc.,
 8669  for further evaluation. In any case, the department’s director’s
 8670  decision must be in writing and justify the reasons for the
 8671  decision.
 8672         (h) If the department Office designates the sector as a
 8673  high-impact sector, it shall, within 30 days, notify the
 8674  Governor, the President of the Senate, and the Speaker of the
 8675  House of Representatives of its decision and provide a complete
 8676  report on its decision, including copies of the material
 8677  provided by Enterprise Florida, Inc., and the department’s
 8678  Office of Tourism, Trade, and Economic Development’s evaluation
 8679  and comment on any statutory or policy changes recommended by
 8680  Enterprise Florida, Inc.
 8681         (i) For the purposes of this subsection, a high-impact
 8682  sector consists of the silicon technology sector that Enterprise
 8683  Florida, Inc., has found to be focused around the type of high
 8684  impact businesses for which the incentive created in this
 8685  subsection is required and will create the kinds of sector and
 8686  economy wide benefits that justify the use of state resources to
 8687  encourage these investments and require substantial inducements
 8688  to compete with the incentive packages offered by other states
 8689  and nations.
 8690         (7) RULEMAKING.—The department Office may adopt rules
 8691  necessary to carry out the provisions of this section.
 8692         Section 153. Subsections (1), (2), (4), (5), (6), and (9)
 8693  of section 288.1083, Florida Statutes, are amended to read:
 8694         288.1083 Manufacturing and Spaceport Investment Incentive
 8695  Program.—
 8696         (1) The Manufacturing and Spaceport Investment Incentive
 8697  Program is created within the department office of Tourism,
 8698  Trade, and Economic Development. The purpose of the program is
 8699  to encourage capital investment and job creation in
 8700  manufacturing and spaceport activities in this state.
 8701         (2) As used in this section, the term:
 8702         (a) “Base year purchases” means the total cost of eligible
 8703  equipment purchased and placed into service in this state by an
 8704  eligible entity in its tax year that began in 2008.
 8705         (b)“Department” means the Department of Revenue.
 8706         (b)(c) “Eligible entity” means an entity that manufactures,
 8707  processes, compounds, or produces items for sale of tangible
 8708  personal property or engages in spaceport activities. The term
 8709  also includes an entity that engages in phosphate or other solid
 8710  minerals severance, mining, or processing operations. The term
 8711  does not include electric utility companies, communications
 8712  companies, oil or gas exploration or production operations,
 8713  publishing firms that do not export at least 50 percent of their
 8714  finished product out of the state, any firm subject to
 8715  regulation by the Division of Hotels and Restaurants of the
 8716  Department of Business and Professional Regulation, or any firm
 8717  that does not manufacture, process, compound, or produce for
 8718  sale items of tangible personal property or that does not use
 8719  such machinery and equipment in spaceport activities.
 8720         (c)(d) “Eligible equipment” means tangible personal
 8721  property or other property that has a depreciable life of 3
 8722  years or more and that is used as an integral part in the
 8723  manufacturing, processing, compounding, or production of
 8724  tangible personal property for sale or is exclusively used in
 8725  spaceport activities, and that is located and placed into
 8726  service in this state. A building and its structural components
 8727  are not eligible equipment unless the building or structural
 8728  component is so closely related to the industrial machinery and
 8729  equipment that it houses or supports that the building or
 8730  structural component can be expected to be replaced when the
 8731  machinery and equipment are replaced. Heating and air
 8732  conditioning systems are not eligible equipment unless the sole
 8733  justification for their installation is to meet the requirements
 8734  of the production process, even though the system may provide
 8735  incidental comfort to employees or serve, to an insubstantial
 8736  degree, nonproduction activities. The term includes parts and
 8737  accessories only to the extent that the exemption of such parts
 8738  and accessories is consistent with the provisions of this
 8739  paragraph.
 8740         (d)(e) “Eligible equipment purchases” means the cost of
 8741  eligible equipment purchased and placed into service in this
 8742  state in a given state fiscal year by an eligible entity in
 8743  excess of the entity’s base year purchases.
 8744         (f)“Office” means The Office of Tourism, Trade, and
 8745  Economic Development.
 8746         (e)(g) “Refund” means a payment to an eligible entity for
 8747  the amount of state sales and use tax actually paid on eligible
 8748  equipment purchases.
 8749         (4) To receive a refund, a business entity must first apply
 8750  to the department office for a tax refund allocation. The entity
 8751  shall provide such information in the application as reasonably
 8752  required by the department office. Further, the business entity
 8753  shall provide such information as is required by the department
 8754  office to establish the cost incurred and actual sales and use
 8755  tax paid to purchase eligible equipment located and placed into
 8756  service in this state during its taxable year that began in
 8757  2008.
 8758         (a) Within 30 days after the department office receives an
 8759  application for a refund, the department office shall approve or
 8760  disapprove the application.
 8761         (b) Refund allocations made during the 2010-2011 fiscal
 8762  year shall be awarded in the same order in which applications
 8763  are received. Eligible entities may apply to the department
 8764  office beginning July 1, 2010, for refunds attributable to
 8765  eligible equipment purchases made during the 2010-2011 fiscal
 8766  year. For the 2010-2011 fiscal year, the department office shall
 8767  allocate the maximum amount of $50,000 per entity until the
 8768  entire $19 million available for refund in state fiscal year
 8769  2010-2011 has been allocated. If the total amount available for
 8770  allocation during the 2010-2011 fiscal year is allocated, the
 8771  department office shall continue taking applications. Each
 8772  applicant shall be informed of its place in the queue and
 8773  whether the applicant received an allocation of the eligible
 8774  funds.
 8775         (c) Refund allocations made during the 2011-2012 fiscal
 8776  year shall first be given to any applicants remaining in the
 8777  queue from the prior fiscal year. The department office shall
 8778  allocate the maximum amount of $50,000 per entity, first to
 8779  those applicants that remained in the queue from 2010-2011 for
 8780  eligible purchases in 2010-2011, then to applicants for 2011
 8781  2012 in the order applications are received for eligible
 8782  purchases in 2011-2012. The department office shall allocate the
 8783  maximum amount of $50,000 per entity until the entire $24
 8784  million available to be allocated for refund in the 2011-2012
 8785  fiscal year is allocated. If the total amount available for
 8786  refund in 2011-2012 has been allocated, the department office
 8787  shall continue to accept applications from eligible entities in
 8788  the 2011-2012 fiscal year for refunds attributable to eligible
 8789  equipment purchases made during the 2011-2012 fiscal year.
 8790  Refund allocations made during the 2011-2012 fiscal year shall
 8791  be awarded in the same order in which applications are received.
 8792  Upon submitting an application, each applicant shall be informed
 8793  of its place in the queue and whether the applicant has received
 8794  an allocation of the eligible funds.
 8795         (5) Upon completion of eligible equipment purchases, a
 8796  business entity that received a refund allocation from the
 8797  department office must apply to the department office for
 8798  certification of a refund. For eligible equipment purchases made
 8799  during the 2010-2011 fiscal year, the application for
 8800  certification must be made no later than September 1, 2011. For
 8801  eligible equipment purchases made during the 2011-2012 fiscal
 8802  year, the application for certification must be made no later
 8803  than September 1, 2012. The application shall provide such
 8804  documentation as is reasonably required by the department office
 8805  to calculate the refund amount, including documentation
 8806  necessary to confirm the cost of eligible equipment purchases
 8807  supporting the claim of the sales and use tax paid thereon.
 8808  Further, the business entity shall provide such documentation as
 8809  required by the department office to establish the entity’s base
 8810  year purchases. If, upon reviewing the application, the
 8811  department office determines that eligible equipment purchases
 8812  did not occur, that the amount of tax claimed to have been paid
 8813  or remitted on the eligible equipment purchases is not supported
 8814  by the documentation provided, or that the information provided
 8815  to the department office was otherwise inaccurate, the amount of
 8816  the refund allocation not substantiated shall not be certified.
 8817  Otherwise, the department office shall determine and certify the
 8818  amount of the refund to the eligible entity and to the
 8819  department within 30 days after the department office receives
 8820  the application for certification.
 8821         (6) Upon certification of a refund for an eligible entity,
 8822  the entity shall apply to the Department of Revenue within 30
 8823  days for payment of the certified amount as a refund on a form
 8824  prescribed by the Department of Revenue. The Department of
 8825  Revenue may request documentation in support of the application
 8826  and adopt emergency rules to administer the refund application
 8827  process.
 8828         (9) The department office shall adopt emergency rules
 8829  governing applications for, issuance of, and procedures for
 8830  allocation and certification and may establish guidelines as to
 8831  the requisites for demonstrating base year purchases and
 8832  eligible equipment purchases.
 8833         Section 154. Subsections (2) and (3) of section 288.1088,
 8834  Florida Statutes, are amended to read:
 8835         288.1088 Quick Action Closing Fund.—
 8836         (2) There is created within the department Office of
 8837  Tourism, Trade, and Economic Development the Quick Action
 8838  Closing Fund. Projects eligible for receipt of funds from the
 8839  Quick Action Closing Fund shall:
 8840         (a) Be in an industry as referenced in s. 288.106.
 8841         (b) Have a positive economic benefit payback ratio of at
 8842  least 5 to 1.
 8843         (c) Be an inducement to the project’s location or expansion
 8844  in the state.
 8845         (d) Pay an average annual wage of at least 125 percent of
 8846  the areawide or statewide private sector average wage.
 8847         (e) Be supported by the local community in which the
 8848  project is to be located.
 8849         (3)(a) The department and Enterprise Florida, Inc., shall
 8850  jointly review applications pursuant to s. 288.061 and determine
 8851  the eligibility of each project consistent with the criteria in
 8852  subsection (2). Waiver of Enterprise Florida, Inc., in
 8853  consultation with the Office of Tourism, Trade, and Economic
 8854  Development, may waive these criteria may be considered under
 8855  the following criteria:
 8856         1. Based on extraordinary circumstances;
 8857         2. In order to mitigate the impact of the conclusion of the
 8858  space shuttle program; or
 8859         3. In rural areas of critical economic concern if the
 8860  project would significantly benefit the local or regional
 8861  economy.
 8862         (b) The department Enterprise Florida, Inc., shall evaluate
 8863  individual proposals for high-impact business facilities and
 8864  forward recommendations regarding the use of moneys in the fund
 8865  for such facilities to the director of the Office of Tourism,
 8866  Trade, and Economic Development. Such evaluation and
 8867  recommendation must include, but need not be limited to:
 8868         1. A description of the type of facility or infrastructure,
 8869  its operations, and the associated product or service associated
 8870  with the facility.
 8871         2. The number of full-time-equivalent jobs that will be
 8872  created by the facility and the total estimated average annual
 8873  wages of those jobs or, in the case of privately developed rural
 8874  infrastructure, the types of business activities and jobs
 8875  stimulated by the investment.
 8876         3. The cumulative amount of investment to be dedicated to
 8877  the facility within a specified period.
 8878         4. A statement of any special impacts the facility is
 8879  expected to stimulate in a particular business sector in the
 8880  state or regional economy or in the state’s universities and
 8881  community colleges.
 8882         5. A statement of the role the incentive is expected to
 8883  play in the decision of the applicant business to locate or
 8884  expand in this state or for the private investor to provide
 8885  critical rural infrastructure.
 8886         6. A report evaluating the quality and value of the company
 8887  submitting a proposal. The report must include:
 8888         a. A financial analysis of the company, including an
 8889  evaluation of the company’s short-term liquidity ratio as
 8890  measured by its assets to liability, the company’s profitability
 8891  ratio, and the company’s long-term solvency as measured by its
 8892  debt-to-equity ratio;
 8893         b. The historical market performance of the company;
 8894         c. A review of any independent evaluations of the company;
 8895         d. A review of the latest audit of the company’s financial
 8896  statement and the related auditor’s management letter; and
 8897         e. A review of any other types of audits that are related
 8898  to the internal and management controls of the company.
 8899         (c)1. Within 7 business 22 calendar days after evaluating a
 8900  project, the department receiving the evaluation and
 8901  recommendation from Enterprise Florida, Inc., the director of
 8902  the Office of Tourism, Trade, and Economic Development shall
 8903  recommend to the Governor approval or disapproval of a project
 8904  for receipt of funds from the Quick Action Closing Fund. In
 8905  recommending a project, the department director shall include
 8906  proposed performance conditions that the project must meet to
 8907  obtain incentive funds.
 8908         2. The Governor may approve projects without consulting the
 8909  Legislature for projects requiring less than $2 million in
 8910  funding.
 8911         3. For projects requiring funding in the amount of $2
 8912  million to $5 million, the Governor shall provide a written the
 8913  description and evaluation of a project projects recommended for
 8914  approval to the chair and vice chair of the Legislative Budget
 8915  Commission at least 10 days prior to President of the Senate and
 8916  the Speaker of the House of Representatives and consult with the
 8917  President of the Senate and the Speaker of the House of
 8918  Representatives before giving final approval for a project. At
 8919  least 14 days before releasing funds for a project, the
 8920  Executive Office of the Governor shall recommend approval of the
 8921  project and the release of funds by delivering notice of such
 8922  action pursuant to the legislative consultation and review
 8923  requirements set forth in s. 216.177. The recommendation must
 8924  include proposed performance conditions that the project must
 8925  meet in order to obtain funds.
 8926         4. If the chair or vice chair of the Legislative Budget
 8927  Commission or the President of the Senate or the Speaker of the
 8928  House of Representatives timely advises the Executive Office of
 8929  the Governor, in writing, that such action or proposed action
 8930  exceeds the delegated authority of the Executive Office of the
 8931  Governor or is contrary to legislative policy or intent, the
 8932  Executive Office of the Governor shall void the release of funds
 8933  and instruct the department Office of Tourism, Trade, and
 8934  Economic Development to immediately change such action or
 8935  proposed action until the Legislative Budget Commission or the
 8936  Legislature addresses the issue. Notwithstanding such
 8937  requirement, any project exceeding $5 million $2,000,000 must be
 8938  approved by the Legislative Budget Commission prior to the funds
 8939  being released.
 8940         (d) Upon the approval of the Governor, the department
 8941  director of the Office of Tourism, Trade, and Economic
 8942  Development and the business shall enter into a contract that
 8943  sets forth the conditions for payment of moneys from the fund.
 8944  The contract must include the total amount of funds awarded; the
 8945  performance conditions that must be met to obtain the award,
 8946  including, but not limited to, net new employment in the state,
 8947  average salary, and total capital investment; demonstrate a
 8948  baseline of current service and a measure of enhanced
 8949  capability; the methodology for validating performance; the
 8950  schedule of payments from the fund; and sanctions for failure to
 8951  meet performance conditions. The contract must provide that
 8952  payment of moneys from the fund is contingent upon sufficient
 8953  appropriation of funds by the Legislature.
 8954         (e) Enterprise Florida, Inc., shall validate contractor
 8955  performance. Such validation shall be reported within 6 months
 8956  after completion of the contract to the Governor, President of
 8957  the Senate, and the Speaker of the House of Representatives.
 8958         Section 155. Subsection (1), paragraphs (b), (d), (e), (f),
 8959  and (o) of subsection (2), and subsections (3) through (9),
 8960  (11), and (12) of section 288.1089, Florida Statutes, are
 8961  amended, and present paragraphs (g) through (n) and (p) through
 8962  (s) of subsection (2) are redesignated as paragraphs (e) through
 8963  (o), respectively, to read:
 8964         288.1089 Innovation Incentive Program.—
 8965         (1) The Innovation Incentive Program is created within the
 8966  Department of Economic Opportunity Office of Tourism, Trade, and
 8967  Economic Development to ensure that sufficient resources are
 8968  available to allow the state to respond expeditiously to
 8969  extraordinary economic opportunities and to compete effectively
 8970  for high-value research and development, innovation business,
 8971  and alternative and renewal energy projects.
 8972         (2) As used in this section, the term:
 8973         (b) “Average private sector wage” means the statewide
 8974  average wage in the private sector or the average of all private
 8975  sector wages in the county or in the standard metropolitan area
 8976  in which the project is located as determined by the department
 8977  Agency for Workforce Innovation.
 8978         (d) “Commission” means the Florida Energy and Climate
 8979  Commission.
 8980         (f) “Director” means the director of the Office of Tourism,
 8981  Trade, and Economic Development.
 8982         (o) “Office” means the Office of Tourism, Trade, and
 8983  Economic Development.
 8984         (3) To be eligible for consideration for an innovation
 8985  incentive award, an innovation business, a research and
 8986  development entity, or an alternative and renewable energy
 8987  company must submit a written application to the department
 8988  Enterprise Florida, Inc., before making a decision to locate new
 8989  operations in this state or expand an existing operation in this
 8990  state. The application must include, but not be limited to:
 8991         (a) The applicant’s federal employer identification number,
 8992  unemployment account number, and state sales tax registration
 8993  number. If such numbers are not available at the time of
 8994  application, they must be submitted to the department office in
 8995  writing before prior to the disbursement of any payments under
 8996  this section.
 8997         (b) The location in this state at which the project is
 8998  located or is to be located.
 8999         (c) A description of the type of business activity,
 9000  product, or research and development undertaken by the
 9001  applicant, including six-digit North American Industry
 9002  Classification System codes for all activities included in the
 9003  project.
 9004         (d) The applicant’s projected investment in the project.
 9005         (e) The total investment, from all sources, in the project.
 9006         (f) The number of net new full-time equivalent jobs in this
 9007  state the applicant anticipates having created as of December 31
 9008  of each year in the project and the average annual wage of such
 9009  jobs.
 9010         (g) The total number of full-time equivalent employees
 9011  currently employed by the applicant in this state, if
 9012  applicable.
 9013         (h) The anticipated commencement date of the project.
 9014         (i) A detailed explanation of why the innovation incentive
 9015  is needed to induce the applicant to expand or locate in the
 9016  state and whether an award would cause the applicant to locate
 9017  or expand in this state.
 9018         (j) If applicable, an estimate of the proportion of the
 9019  revenues resulting from the project that will be generated
 9020  outside this state.
 9021         (4) To qualify for review by the department office, the
 9022  applicant must, at a minimum, establish the following to the
 9023  satisfaction of the department Enterprise Florida, Inc., and the
 9024  office:
 9025         (a) The jobs created by the project must pay an estimated
 9026  annual average wage equaling at least 130 percent of the average
 9027  private sector wage. The department office may waive this
 9028  average wage requirement at the request of Enterprise Florida,
 9029  Inc., for a project located in a rural area, a brownfield area,
 9030  or an enterprise zone, when the merits of the individual project
 9031  or the specific circumstances in the community in relationship
 9032  to the project warrant such action. A recommendation for waiver
 9033  by Enterprise Florida, Inc., must include a specific
 9034  justification for the waiver and be transmitted to the
 9035  department office in writing. If the department director elects
 9036  to waive the wage requirement, the waiver must be stated in
 9037  writing and the reasons for granting the waiver must be
 9038  explained.
 9039         (b) A research and development project must:
 9040         1. Serve as a catalyst for an emerging or evolving
 9041  technology cluster.
 9042         2. Demonstrate a plan for significant higher education
 9043  collaboration.
 9044         3. Provide the state, at a minimum, a break-even return on
 9045  investment within a 20-year period.
 9046         4. Be provided with a one-to-one match from the local
 9047  community. The match requirement may be reduced or waived in
 9048  rural areas of critical economic concern or reduced in rural
 9049  areas, brownfield areas, and enterprise zones.
 9050         (c) An innovation business project in this state, other
 9051  than a research and development project, must:
 9052         1.a. Result in the creation of at least 1,000 direct, new
 9053  jobs at the business; or
 9054         b. Result in the creation of at least 500 direct, new jobs
 9055  if the project is located in a rural area, a brownfield area, or
 9056  an enterprise zone.
 9057         2. Have an activity or product that is within an industry
 9058  that is designated as a target industry business under s.
 9059  288.106 or a designated sector under s. 288.108.
 9060         3.a. Have a cumulative investment of at least $500 million
 9061  within a 5-year period; or
 9062         b. Have a cumulative investment that exceeds $250 million
 9063  within a 10-year period if the project is located in a rural
 9064  area, brownfield area, or an enterprise zone.
 9065         4. Be provided with a one-to-one match from the local
 9066  community. The match requirement may be reduced or waived in
 9067  rural areas of critical economic concern or reduced in rural
 9068  areas, brownfield areas, and enterprise zones.
 9069         (d) For an alternative and renewable energy project in this
 9070  state, the project must:
 9071         1. Demonstrate a plan for significant collaboration with an
 9072  institution of higher education;
 9073         2. Provide the state, at a minimum, a break-even return on
 9074  investment within a 20-year period;
 9075         3. Include matching funds provided by the applicant or
 9076  other available sources. The match requirement may be reduced or
 9077  waived in rural areas of critical economic concern or reduced in
 9078  rural areas, brownfield areas, and enterprise zones;
 9079         4. Be located in this state; and
 9080         5. Provide at least 35 direct, new jobs that pay an
 9081  estimated annual average wage that equals at least 130 percent
 9082  of the average private sector wage.
 9083         (5) The department Enterprise Florida, Inc., shall review
 9084  evaluate proposals pursuant to s. 288.061 for all three
 9085  categories of innovation incentive awards and transmit
 9086  recommendations for awards to the office. Before making a
 9087  recommendation to the executive director, the department its
 9088  recommendations on alternative and renewable energy projects,
 9089  Enterprise Florida, Inc., shall solicit comments and
 9090  recommendations from the Department of Agriculture and Consumer
 9091  Services Florida Energy and Climate Commission. For each
 9092  project, the evaluation and recommendation to the department
 9093  office must include, but need not be limited to:
 9094         (a) A description of the project, its required facilities,
 9095  and the associated product, service, or research and development
 9096  associated with the project.
 9097         (b) The percentage of match provided for the project.
 9098         (c) The number of full-time equivalent jobs that will be
 9099  created by the project, the total estimated average annual wages
 9100  of such jobs, and the types of business activities and jobs
 9101  likely to be stimulated by the project.
 9102         (d) The cumulative investment to be dedicated to the
 9103  project within 5 years and the total investment expected in the
 9104  project if more than 5 years.
 9105         (e) The projected economic and fiscal impacts on the local
 9106  and state economies relative to investment.
 9107         (f) A statement of any special impacts the project is
 9108  expected to stimulate in a particular business sector in the
 9109  state or regional economy or in the state’s universities and
 9110  community colleges.
 9111         (g) A statement of any anticipated or proposed
 9112  relationships with state universities.
 9113         (h) A statement of the role the incentive is expected to
 9114  play in the decision of the applicant to locate or expand in
 9115  this state.
 9116         (i) A recommendation and explanation of the amount of the
 9117  award needed to cause the applicant to expand or locate in this
 9118  state.
 9119         (j) A discussion of the efforts and commitments made by the
 9120  local community in which the project is to be located to induce
 9121  the applicant’s location or expansion, taking into consideration
 9122  local resources and abilities.
 9123         (k) A recommendation for specific performance criteria the
 9124  applicant would be expected to achieve in order to receive
 9125  payments from the fund and penalties or sanctions for failure to
 9126  meet or maintain performance conditions.
 9127         (l) Additional evaluative criteria for a research and
 9128  development facility project, including:
 9129         1. A description of the extent to which the project has the
 9130  potential to serve as catalyst for an emerging or evolving
 9131  cluster.
 9132         2. A description of the extent to which the project has or
 9133  could have a long-term collaborative research and development
 9134  relationship with one or more universities or community colleges
 9135  in this state.
 9136         3. A description of the existing or projected impact of the
 9137  project on established clusters or targeted industry sectors.
 9138         4. A description of the project’s contribution to the
 9139  diversity and resiliency of the innovation economy of this
 9140  state.
 9141         5. A description of the project’s impact on special needs
 9142  communities, including, but not limited to, rural areas,
 9143  distressed urban areas, and enterprise zones.
 9144         (m) Additional evaluative criteria for alternative and
 9145  renewable energy proposals, including:
 9146         1. The availability of matching funds or other in-kind
 9147  contributions applied to the total project from an applicant.
 9148  The Department of Agriculture and Consumer Services commission
 9149  shall give greater preference to projects that provide such
 9150  matching funds or other in-kind contributions.
 9151         2. The degree to which the project stimulates in-state
 9152  capital investment and economic development in metropolitan and
 9153  rural areas, including the creation of jobs and the future
 9154  development of a commercial market for renewable energy
 9155  technologies.
 9156         3. The extent to which the proposed project has been
 9157  demonstrated to be technically feasible based on pilot project
 9158  demonstrations, laboratory testing, scientific modeling, or
 9159  engineering or chemical theory that supports the proposal.
 9160         4. The degree to which the project incorporates an
 9161  innovative new technology or an innovative application of an
 9162  existing technology.
 9163         5. The degree to which a project generates thermal,
 9164  mechanical, or electrical energy by means of a renewable energy
 9165  resource that has substantial long-term production potential.
 9166         6. The degree to which a project demonstrates efficient use
 9167  of energy and material resources.
 9168         7. The degree to which the project fosters overall
 9169  understanding and appreciation of renewable energy technologies.
 9170         8. The ability to administer a complete project.
 9171         9. Project duration and timeline for expenditures.
 9172         10. The geographic area in which the project is to be
 9173  conducted in relation to other projects.
 9174         11. The degree of public visibility and interaction.
 9175         (6) In consultation with Enterprise Florida, Inc., The
 9176  department office may negotiate the proposed amount of an award
 9177  for any applicant meeting the requirements of this section. In
 9178  negotiating such award, the department office shall consider the
 9179  amount of the incentive needed to cause the applicant to locate
 9180  or expand in this state in conjunction with other relevant
 9181  applicant impact and cost information and analysis as described
 9182  in this section. Particular emphasis shall be given to the
 9183  potential for the project to stimulate additional private
 9184  investment and high-quality employment opportunities in the
 9185  area.
 9186         (7) Upon receipt of the evaluation and recommendation from
 9187  Enterprise Florida, Inc., the department, director shall
 9188  recommend to the Governor shall approve or deny the approval or
 9189  disapproval of an award. In recommending approval of an award,
 9190  the department director shall include proposed performance
 9191  conditions that the applicant must meet in order to obtain
 9192  incentive funds and any other conditions that must be met before
 9193  the receipt of any incentive funds. The Governor shall consult
 9194  with the President of the Senate and the Speaker of the House of
 9195  Representatives before giving approval for an award. Upon review
 9196  and approval of an award by the Legislative Budget Commission,
 9197  the Executive Office of the Governor shall release the funds.
 9198         (8)(a) After the conditions set forth in subsection (7)
 9199  have been met, the department director shall issue a letter
 9200  certifying the applicant as qualified for an award. The
 9201  department office and the award recipient shall enter into an
 9202  agreement that sets forth the conditions for payment of the
 9203  incentive funds. The agreement must include, at a minimum:
 9204         1. The total amount of funds awarded.
 9205         2. The performance conditions that must be met in order to
 9206  obtain the award or portions of the award, including, but not
 9207  limited to, net new employment in the state, average wage, and
 9208  total cumulative investment.
 9209         3. Demonstration of a baseline of current service and a
 9210  measure of enhanced capability.
 9211         4. The methodology for validating performance.
 9212         5. The schedule of payments.
 9213         6. Sanctions for failure to meet performance conditions,
 9214  including any clawback provisions.
 9215         (b) Additionally, agreements signed on or after July 1,
 9216  2009, must include the following provisions:
 9217         1. Notwithstanding subsection (4), a requirement that the
 9218  jobs created by the recipient of the incentive funds pay an
 9219  annual average wage at least equal to the relevant industry’s
 9220  annual average wage or at least 130 percent of the average
 9221  private sector wage, whichever is greater.
 9222         2. A reinvestment requirement. Each recipient of an award
 9223  shall reinvest up to 15 percent of net royalty revenues,
 9224  including revenues from spin-off companies and the revenues from
 9225  the sale of stock it receives from the licensing or transfer of
 9226  inventions, methods, processes, and other patentable discoveries
 9227  conceived or reduced to practice using its facilities in Florida
 9228  or its Florida-based employees, in whole or in part, and to
 9229  which the recipient of the grant becomes entitled during the 20
 9230  years following the effective date of its agreement with the
 9231  department office. Each recipient of an award also shall
 9232  reinvest up to 15 percent of the gross revenues it receives from
 9233  naming opportunities associated with any facility it builds in
 9234  this state. Reinvestment payments shall commence no later than 6
 9235  months after the recipient of the grant has received the final
 9236  disbursement under the contract and shall continue until the
 9237  maximum reinvestment, as specified in the contract, has been
 9238  paid. Reinvestment payments shall be remitted to the department
 9239  office for deposit in the Biomedical Research Trust Fund for
 9240  companies specializing in biomedicine or life sciences, or in
 9241  the Economic Development Trust Fund for companies specializing
 9242  in fields other than biomedicine or the life sciences. If these
 9243  trust funds no longer exist at the time of the reinvestment, the
 9244  state’s share of reinvestment shall be deposited in their
 9245  successor trust funds as determined by law. Each recipient of an
 9246  award shall annually submit a schedule of the shares of stock
 9247  held by it as payment of the royalty required by this paragraph
 9248  and report on any trades or activity concerning such stock. Each
 9249  recipient’s reinvestment obligations survive the expiration or
 9250  termination of its agreement with the state.
 9251         3. Requirements for the establishment of internship
 9252  programs or other learning opportunities for educators and
 9253  secondary, postsecondary, graduate, and doctoral students.
 9254         4. A requirement that the recipient submit quarterly
 9255  reports and annual reports related to activities and performance
 9256  to the department office, according to standardized reporting
 9257  periods.
 9258         5. A requirement for an annual accounting to the department
 9259  Office of the expenditure of funds disbursed under this section.
 9260         6. A process for amending the agreement.
 9261         (9) The department Enterprise Florida, Inc., shall validate
 9262  assist the Office in validating the performance of an innovation
 9263  business, a research and development facility, or an alternative
 9264  and renewable energy business that has received an award. At the
 9265  conclusion of the innovation incentive award agreement, or its
 9266  earlier termination, the department Enterprise Florida, Inc.,
 9267  shall, within 90 days, submit a report to the Governor, the
 9268  President of the Senate, and the Speaker of the House of
 9269  Representatives detailing whether the recipient of the
 9270  innovation incentive grant achieved its specified outcomes.
 9271         (11)(a) The department Beginning January 5, 2010, and every
 9272  year thereafter, the office shall submit to the Governor, the
 9273  President of the Senate, and the Speaker of the House of
 9274  Representatives, as part of the annual report, a report
 9275  summarizing the activities and accomplishments of the recipients
 9276  of grants from the Innovation Incentive Program during the
 9277  previous 12 months and an evaluation by the office of whether
 9278  the recipients are catalysts for additional direct and indirect
 9279  economic development in Florida.
 9280         (b) Beginning March 1, 2010, and every third year
 9281  thereafter, the Office of Program Policy Analysis and Government
 9282  Accountability, in consultation with the Auditor General’s
 9283  Office, shall release a report evaluating the Innovation
 9284  Incentive Program’s progress toward creating clusters of high
 9285  wage, high-skilled, complementary industries that serve as
 9286  catalysts for economic growth specifically in the regions in
 9287  which they are located, and generally for the state as a whole.
 9288  Such report should include critical analyses of quarterly and
 9289  annual reports, annual audits, and other documents prepared by
 9290  the Innovation Incentive Program awardees; relevant economic
 9291  development reports prepared by the department office,
 9292  Enterprise Florida, Inc., and local or regional economic
 9293  development organizations; interviews with the parties involved;
 9294  and any other relevant data. Such report should also include
 9295  legislative recommendations, if necessary, on how to improve the
 9296  Innovation Incentive Program so that the program reaches its
 9297  anticipated potential as a catalyst for direct and indirect
 9298  economic development in this state.
 9299         (12) The department office may seek the assistance of the
 9300  Office of Program Policy Analysis and Government Accountability,
 9301  the Legislature’s Office of Economic and Demographic Research,
 9302  and other entities for the purpose of developing performance
 9303  measures or techniques to quantify the synergistic economic
 9304  development impacts that awardees of grants are having within
 9305  their communities.
 9306         Section 156. Paragraph (b) of subsection (4) of section
 9307  288.109, Florida Statutes, is amended to read:
 9308         288.109 One-Stop Permitting System.—
 9309         (4) The One-Stop Permitting System must initially provide
 9310  access to the following state agencies, water management
 9311  districts and counties, with other agencies and counties that
 9312  agree to participate:
 9313         (b) The Department of Economic Opportunity Community
 9314  Affairs.
 9315         Section 157. Section 288.1095, Florida Statutes, is amended
 9316  to read:
 9317         288.1095 Information concerning the One-Stop Permitting
 9318  System.—The department Office of Tourism, Trade, and Economic
 9319  Development shall develop literature that explains the One-Stop
 9320  Permitting System and identifies those counties that have been
 9321  designated as Quick Permitting Counties. The literature must be
 9322  updated at least once each year. To the maximum extent feasible,
 9323  state agencies and Enterprise Florida, Inc., shall distribute
 9324  such literature and inform the public of the One-Stop Permitting
 9325  System and the Quick Permitting Counties. In addition,
 9326  Enterprise Florida, Inc., shall provide this information to
 9327  prospective, new, expanding, and relocating businesses seeking
 9328  to conduct business in this state, municipalities, counties,
 9329  economic-development organizations, and chambers of commerce.
 9330         Section 158. Subsections (1) and (2), paragraphs (d) and
 9331  (e) of subsection (4), paragraph (a) of subsection (6), and
 9332  subsection (8) of section 288.1162, Florida Statutes, are
 9333  amended to read:
 9334         288.1162 Professional sports franchises; duties.—
 9335         (1) The department Office of Tourism, Trade, and Economic
 9336  Development shall serve as the state agency for screening
 9337  applicants for state funding under s. 212.20 and for certifying
 9338  an applicant as a facility for a new or retained professional
 9339  sports franchise.
 9340         (2) The department Office of Tourism, Trade, and Economic
 9341  Development shall develop rules for the receipt and processing
 9342  of applications for funding under s. 212.20.
 9343         (4) Before certifying an applicant as a facility for a new
 9344  or retained professional sports franchise, the department Office
 9345  of Tourism, Trade, and Economic Development must determine that:
 9346         (d) The applicant has projections, verified by the
 9347  department Office of Tourism, Trade, and Economic Development,
 9348  which demonstrate that the new or retained professional sports
 9349  franchise will attract a paid attendance of more than 300,000
 9350  annually.
 9351         (e) The applicant has an independent analysis or study,
 9352  verified by the department Office of Tourism, Trade, and
 9353  Economic Development, which demonstrates that the amount of the
 9354  revenues generated by the taxes imposed under chapter 212 with
 9355  respect to the use and operation of the professional sports
 9356  franchise facility will equal or exceed $2 million annually.
 9357         (6)(a) The department Office of Tourism, Trade, and
 9358  Economic Development shall notify the Department of Revenue of
 9359  any facility certified as a facility for a new or retained
 9360  professional sports franchise. The department Office of Tourism,
 9361  Trade, and Economic Development shall certify no more than eight
 9362  facilities as facilities for a new professional sports franchise
 9363  or as facilities for a retained professional sports franchise,
 9364  including in the total any facilities certified by the former
 9365  Department of Commerce before July 1, 1996. The department
 9366  office may make no more than one certification for any facility.
 9367         (8) An applicant is not qualified for certification under
 9368  this section if the franchise formed the basis for a previous
 9369  certification, unless the previous certification was withdrawn
 9370  by the facility or invalidated by the department Office of
 9371  Tourism, Trade, and Economic Development or the former
 9372  Department of Commerce before any funds were distributed under
 9373  s. 212.20. This subsection does not disqualify an applicant if
 9374  the previous certification occurred between May 23, 1993, and
 9375  May 25, 1993; however, any funds to be distributed under s.
 9376  212.20 for the second certification shall be offset by the
 9377  amount distributed to the previous certified facility.
 9378  Distribution of funds for the second certification shall not be
 9379  made until all amounts payable for the first certification are
 9380  distributed.
 9381         Section 159. Paragraph (f) of subsection (1), and
 9382  subsections (2), (4), (5), (6), (7), and (8) of section
 9383  288.11621, Florida Statutes, are amended to read:
 9384         288.11621 Spring training baseball franchises.—
 9385         (1) DEFINITIONS.—As used in this section, the term:
 9386         (f) “Office” means The Office of Tourism, Trade, and
 9387  Economic Development.
 9388         (2) CERTIFICATION PROCESS.—
 9389         (a) Before certifying an applicant to receive state funding
 9390  for a facility for a spring training franchise, the department
 9391  Office must verify that:
 9392         1. The applicant is responsible for the acquisition,
 9393  construction, management, or operation of the facility for a
 9394  spring training franchise or holds title to the property on
 9395  which the facility for a spring training franchise is located.
 9396         2. The applicant has a certified copy of a signed agreement
 9397  with a spring training franchise for the use of the facility for
 9398  a term of at least 20 years. The agreement also must require the
 9399  franchise to reimburse the state for state funds expended by an
 9400  applicant under this section if the franchise relocates before
 9401  the agreement expires. The agreement may be contingent on an
 9402  award of funds under this section and other conditions
 9403  precedent.
 9404         3. The applicant has made a financial commitment to provide
 9405  50 percent or more of the funds required by an agreement for the
 9406  acquisition, construction, or renovation of the facility for a
 9407  spring training franchise. The commitment may be contingent upon
 9408  an award of funds under this section and other conditions
 9409  precedent.
 9410         4. The applicant demonstrates that the facility for a
 9411  spring training franchise will attract a paid attendance of at
 9412  least 50,000 annually to the spring training games.
 9413         5. The facility for a spring training franchise is located
 9414  in a county that levies a tourist development tax under s.
 9415  125.0104.
 9416         (b) The department office shall competitively evaluate
 9417  applications for state funding of a facility for a spring
 9418  training franchise. The total number of certifications may not
 9419  exceed 10 at any time. The evaluation criteria must include,
 9420  with priority given in descending order to, the following items:
 9421         1. The anticipated effect on the economy of the local
 9422  community where the spring training facility is to be built,
 9423  including projections on paid attendance, local and state tax
 9424  collections generated by spring training games, and direct and
 9425  indirect job creation resulting from the spring training
 9426  activities. Priority shall be given to applicants who can
 9427  demonstrate the largest projected economic impact.
 9428         2. The amount of the local matching funds committed to a
 9429  facility relative to the amount of state funding sought, with
 9430  priority given to applicants that commit the largest amount of
 9431  local matching funds relative to the amount of state funding
 9432  sought.
 9433         3. The potential for the facility to serve multiple uses.
 9434         4. The intended use of the funds by the applicant, with
 9435  priority given to the funds being used to acquire a facility,
 9436  construct a new facility, or renovate an existing facility.
 9437         5. The length of time that a spring training franchise has
 9438  been under an agreement to conduct spring training activities
 9439  within an applicant’s geographic location or jurisdiction, with
 9440  priority given to applicants having agreements with the same
 9441  franchise for the longest period of time.
 9442         6. The length of time that an applicant’s facility has been
 9443  used by one or more spring training franchises, with priority
 9444  given to applicants whose facilities have been in continuous use
 9445  as facilities for spring training the longest.
 9446         7. The term remaining on a lease between an applicant and a
 9447  spring training franchise for a facility, with priority given to
 9448  applicants having the shortest lease terms remaining.
 9449         8. The length of time that a spring training franchise
 9450  agrees to use an applicant’s facility if an application is
 9451  granted under this section, with priority given to applicants
 9452  having agreements for the longest future use.
 9453         9. The net increase of total active recreation space owned
 9454  by the applicant after an acquisition of land for the facility,
 9455  with priority given to applicants having the largest percentage
 9456  increase of total active recreation space that will be available
 9457  for public use.
 9458         10. The location of the facility in a brownfield, an
 9459  enterprise zone, a community redevelopment area, or other area
 9460  of targeted development or revitalization included in an urban
 9461  infill redevelopment plan, with priority given to applicants
 9462  having facilities located in these areas.
 9463         (c) Each applicant certified on or after July 1, 2010,
 9464  shall enter into an agreement with the department office that:
 9465         1. Specifies the amount of the state incentive funding to
 9466  be distributed.
 9467         2. States the criteria that the certified applicant must
 9468  meet in order to remain certified.
 9469         3. States that the certified applicant is subject to
 9470  decertification if the certified applicant fails to comply with
 9471  this section or the agreement.
 9472         4. States that the department office may recover state
 9473  incentive funds if the certified applicant is decertified.
 9474         5. Specifies information that the certified applicant must
 9475  report to the department office.
 9476         6. Includes any provision deemed prudent by the department
 9477  office.
 9478         (4) ANNUAL REPORTS.—On or before September 1 of each year,
 9479  a certified applicant shall submit to the department office a
 9480  report that includes, but is not limited to:
 9481         (a) A copy of its most recent annual audit.
 9482         (b) A detailed report on all local and state funds expended
 9483  to date on the project being financed under this section.
 9484         (c) A copy of the contract between the certified local
 9485  governmental entity and the spring training team.
 9486         (d) A cost-benefit analysis of the team’s impact on the
 9487  community.
 9488         (e) Evidence that the certified applicant continues to meet
 9489  the criteria in effect when the applicant was certified.
 9490         (5) DECERTIFICATION.—
 9491         (a) The department office shall decertify a certified
 9492  applicant upon the request of the certified applicant.
 9493         (b) The department office shall decertify a certified
 9494  applicant if the certified applicant does not:
 9495         1. Have a valid agreement with a spring training franchise;
 9496  or
 9497         2. Satisfy its commitment to provide local matching funds
 9498  to the facility.
 9499  
 9500  However, decertification proceedings against a local government
 9501  certified before July 1, 2010, shall be delayed until 12 months
 9502  after the expiration of the local government’s existing
 9503  agreement with a spring training franchise, and without a new
 9504  agreement being signed, if the certified local government can
 9505  demonstrate to the department office that it is in active
 9506  negotiations with a major league spring training franchise,
 9507  other than the franchise that was the basis for the original
 9508  certification.
 9509         (c) A certified applicant has 60 days after it receives a
 9510  notice of intent to decertify from the department office to
 9511  petition the office’s director for review of the
 9512  decertification. Within 45 days after receipt of the request for
 9513  review, the department director must notify a certified
 9514  applicant of the outcome of the review.
 9515         (d) The department office shall notify the Department of
 9516  Revenue that a certified applicant is decertified within 10 days
 9517  after the order of decertification becomes final. The Department
 9518  of Revenue shall immediately stop the payment of any funds under
 9519  this section that were not encumbered by the certified applicant
 9520  under subparagraph (3)(a)2.
 9521         (e) The department office shall order a decertified
 9522  applicant to repay all of the unencumbered state funds that the
 9523  local government received under this section and any interest
 9524  that accrued on those funds. The repayment must be made within
 9525  60 days after the decertification order becomes final. These
 9526  funds shall be deposited into the General Revenue Fund.
 9527         (f) A local government as defined in s. 218.369 may not be
 9528  decertified by the department if it has paid or pledged for the
 9529  payment of debt service on, or to fund debt service reserve
 9530  funds, arbitrage rebate obligations, or other amounts payable
 9531  with respect thereto, bonds issued for the acquisition,
 9532  construction, reconstruction, or renovation of the facility for
 9533  which the local government was certified, or for the
 9534  reimbursement of such costs or the refinancing of bonds issued
 9535  for the acquisition, construction, reconstruction, or renovation
 9536  of the facility for which the local government was certified, or
 9537  for the reimbursement of such costs or the refinancing of bonds
 9538  issued for such purpose. This subsection does not preclude or
 9539  restrict the ability of a certified local government to
 9540  refinance, refund, or defease such bonds.
 9541         (6) ADDITIONAL CERTIFICATIONS.—If the department office
 9542  decertifies a unit of local government, the department office
 9543  may accept applications for an additional certification. A unit
 9544  of local government may not be certified for more than one
 9545  spring training franchise at any time.
 9546         (7) STRATEGIC PLANNING.—
 9547         (a) The department office shall request assistance from
 9548  Enterprise Florida, Inc., the Florida Sports Foundation and the
 9549  Florida Grapefruit League Association to develop a comprehensive
 9550  strategic plan to:
 9551         1. Finance spring training facilities.
 9552         2. Monitor and oversee the use of state funds awarded to
 9553  applicants.
 9554         3. Identify the financial impact that spring training has
 9555  on the state and ways in which to maintain or improve that
 9556  impact.
 9557         4. Identify opportunities to develop public-private
 9558  partnerships to engage in marketing activities and advertise
 9559  spring training baseball.
 9560         5. Identify efforts made by other states to maintain or
 9561  develop partnerships with baseball spring training teams.
 9562         6. Develop recommendations for the Legislature to sustain
 9563  or improve this state’s spring training tradition.
 9564         (b) The department office shall submit a copy of the
 9565  strategic plan to the Governor, the President of the Senate, and
 9566  the Speaker of the House of Representatives by December 31,
 9567  2010.
 9568         (8) RULEMAKING.—The department office shall adopt rules to
 9569  implement the certification, decertification, and
 9570  decertification review processes required by this section.
 9571         Section 160. Subsections (1), (2), and (4) of section
 9572  288.1168, Florida Statutes, are amended to read:
 9573         288.1168 Professional golf hall of fame facility.—
 9574         (1) The department of Commerce shall serve as the state
 9575  agency for screening applicants for state funding pursuant to s.
 9576  212.20 and for certifying one applicant as the professional golf
 9577  hall of fame facility in the state.
 9578         (2) Before Prior to certifying the professional golf hall
 9579  of fame facility, the department of Commerce must determine
 9580  that:
 9581         (a) The professional golf hall of fame facility is the only
 9582  professional golf hall of fame in the United States recognized
 9583  by the PGA Tour, Inc.
 9584         (b) The applicant is a unit of local government as defined
 9585  in s. 218.369 or a private sector group that has contracted to
 9586  construct or operate the professional golf hall of fame facility
 9587  on land owned by a unit of local government.
 9588         (c) The municipality in which the professional golf hall of
 9589  fame facility is located, or the county if the facility is
 9590  located in an unincorporated area, has certified by resolution
 9591  after a public hearing that the application serves a public
 9592  purpose.
 9593         (d) There are existing projections that the professional
 9594  golf hall of fame facility will attract a paid attendance of
 9595  more than 300,000 annually.
 9596         (e) There is an independent analysis or study, using
 9597  methodology approved by the department, which demonstrates that
 9598  the amount of the revenues generated by the taxes imposed under
 9599  chapter 212 with respect to the use and operation of the
 9600  professional golf hall of fame facility will equal or exceed $2
 9601  million annually.
 9602         (f) The applicant has submitted an agreement to provide $2
 9603  million annually in national and international media promotion
 9604  of the professional golf hall of fame facility, Florida, and
 9605  Florida tourism, through the PGA Tour, Inc., or its affiliates,
 9606  at the then-current commercial rate, during the period of time
 9607  that the facility receives funds pursuant to s. 212.20. The
 9608  department Office of Tourism, Trade, and Economic Development
 9609  and the PGA Tour, Inc., or its affiliates, must agree annually
 9610  on a reasonable percentage of advertising specifically allocated
 9611  for generic Florida advertising. The department Office of
 9612  Tourism, Trade, and Economic Development shall have final
 9613  approval of all generic advertising. Failure on the part of the
 9614  PGA Tour, Inc., or its affiliates to annually provide the
 9615  advertising as provided in this paragraph or subsection (6)
 9616  shall result in the termination of funding as provided in s.
 9617  212.20.
 9618         (g) Documentation exists that demonstrates that the
 9619  applicant has provided, is capable of providing, or has
 9620  financial or other commitments to provide more than one-half of
 9621  the costs incurred or related to the improvement and development
 9622  of the facility.
 9623         (h) The application is signed by an official senior
 9624  executive of the applicant and is notarized according to Florida
 9625  law providing for penalties for falsification.
 9626         (4) Upon determining that an applicant is or is not
 9627  certifiable, the department Secretary of Commerce shall notify
 9628  the applicant of his or her status by means of an official
 9629  letter. If certifiable, the department secretary shall notify
 9630  the executive director of the Department of Revenue and the
 9631  applicant of such certification by means of an official letter
 9632  granting certification. From the date of such certification, the
 9633  applicant shall have 5 years to open the professional golf hall
 9634  of fame facility to the public and notify the department Office
 9635  of Tourism, Trade, and Economic Development of such opening. The
 9636  Department of Revenue shall not begin distributing funds until
 9637  30 days following notice by the department Office of Tourism,
 9638  Trade, and Economic Development that the professional golf hall
 9639  of fame facility is open to the public.
 9640         Section 161. Subsections (1), (4), and (6) of section
 9641  288.1169, Florida Statutes, are amended to read:
 9642         288.1169 International Game Fish Association World Center
 9643  facility.—
 9644         (1) The department of Commerce shall serve as the state
 9645  agency approving applicants for funding pursuant to s. 212.20
 9646  and for certifying the applicant as the International Game Fish
 9647  Association World Center facility. For purposes of this section,
 9648  “facility” means the International Game Fish Association World
 9649  Center, and “project” means the International Game Fish
 9650  Association World Center and new colocated improvements by
 9651  private sector concerns who have made cash or in-kind
 9652  contributions to the facility of $1 million or more.
 9653         (4) Upon determining that an applicant is or is not
 9654  certifiable, the department of Commerce shall notify the
 9655  applicant of its status by means of an official letter. If
 9656  certifiable, the department of Commerce shall notify the
 9657  executive director of the Department of Revenue and the
 9658  applicant of such certification by means of an official letter
 9659  granting certification. From the date of such certification, the
 9660  applicant shall have 5 years to open the facility to the public
 9661  and notify the department of Commerce of such opening. The
 9662  Department of Revenue shall not begin distributing funds until
 9663  30 days following notice by the department of Commerce that the
 9664  facility is open to the public.
 9665         (6) The department of Commerce must recertify every 10
 9666  years that the facility is open, that the International Game
 9667  Fish Association World Center continues to be the only
 9668  international administrative headquarters, fishing museum, and
 9669  Hall of Fame in the United States recognized by the
 9670  International Game Fish Association, and that the project is
 9671  meeting the minimum projections for attendance or sales tax
 9672  revenues as required at the time of original certification. If
 9673  the facility is not recertified during this 10-year review as
 9674  meeting the minimum projections, then funding shall be abated
 9675  until certification criteria are met. If the project fails to
 9676  generate $1 million of annual revenues pursuant to paragraph
 9677  (2)(e), the distribution of revenues pursuant to s.
 9678  212.20(6)(d)6.d. shall be reduced to an amount equal to $83,333
 9679  multiplied by a fraction, the numerator of which is the actual
 9680  revenues generated and the denominator of which is $1 million.
 9681  Such reduction remains in effect until revenues generated by the
 9682  project in a 12-month period equal or exceed $1 million.
 9683         Section 162. Paragraph (d) of subsection (1), and
 9684  subsections (2) and (3) of section 288.1171, Florida Statutes,
 9685  are amended, and present paragraphs (e) through (g) of
 9686  subsection (1) are redesignated as paragraphs (d) through (f),
 9687  respectively, to read:
 9688         288.1171 Motorsports entertainment complex; definitions;
 9689  certification; duties.—
 9690         (1) As used in this section, the term:
 9691         (d) “Office” means The Office of Tourism, Trade, and
 9692  Economic Development of the Executive Office of the Governor.
 9693         (2) The department Office of Tourism, Trade, and Economic
 9694  Development shall serve as the state agency for screening
 9695  applicants for local option funding under s. 218.64(3) and for
 9696  certifying an applicant as a motorsports entertainment complex.
 9697  The department Office shall develop and adopt rules for the
 9698  receipt and processing of applications for funding under s.
 9699  218.64(3). The department Office shall make a determination
 9700  regarding any application filed by an applicant not later than
 9701  120 days after the application is filed.
 9702         (3) Before certifying an applicant as a motorsports
 9703  entertainment complex, the department Office must determine
 9704  that:
 9705         (a) A unit of local government holds title to the land on
 9706  which the motorsports entertainment complex is located or holds
 9707  title to the motorsports entertainment complex.
 9708         (b) The municipality in which the motorsports entertainment
 9709  complex is located, or the county if the motorsports
 9710  entertainment complex is located in an unincorporated area, has
 9711  certified by resolution after a public hearing that the
 9712  application serves a public purpose.
 9713         Section 163. Subsections (2), (4), (5), and (8) of section
 9714  288.1175, Florida Statutes, are amended to read:
 9715         288.1175 Agriculture education and promotion facility.—
 9716         (2) The Department of Agriculture and Consumer Services
 9717  shall adopt develop rules pursuant to ss. 120.536(1) and 120.54
 9718  for the receipt and processing of applications for funding of
 9719  projects pursuant to this section.
 9720         (4) The Department of Agriculture and Consumer Services
 9721  shall certify a facility as an agriculture education and
 9722  promotion facility if the Department of Agriculture and Consumer
 9723  Services determines that:
 9724         (a) The applicant is a unit of local government as defined
 9725  in s. 218.369, or a fair association as defined in s.
 9726  616.001(9), which is responsible for the planning, design,
 9727  permitting, construction, renovation, management, and operation
 9728  of the agriculture education and promotion facility or holds
 9729  title to the property on which such facility is to be developed
 9730  and located.
 9731         (b) The applicant has projections, verified by the
 9732  Department of Agriculture and Consumer Services, which
 9733  demonstrate that the agriculture education and promotion
 9734  facility will serve more than 25,000 visitors annually.
 9735         (c) The municipality in which the facility is located, or
 9736  the county if the facility is located in an unincorporated area,
 9737  has certified by resolution after a public hearing that the
 9738  proposed agriculture education and promotion facility serves a
 9739  public purpose.
 9740         (d) The applicant has demonstrated that it has provided, is
 9741  capable of providing, or has financial or other commitments to
 9742  provide more than 40 percent of the costs incurred or related to
 9743  the planning, design, permitting, construction, or renovation of
 9744  the facility. The applicant may include the value of the land
 9745  and any improvements thereon in determining its contribution to
 9746  the development of the facility.
 9747         (5) The Department of Agriculture and Consumer Services
 9748  shall competitively evaluate applications for funding of an
 9749  agriculture education and promotion facility. If the number of
 9750  applicants exceeds three, the Department of Agriculture and
 9751  Consumer Services shall rank the applications based upon
 9752  criteria developed by the Department of Agriculture and Consumer
 9753  Services, with priority given in descending order to the
 9754  following items:
 9755         (a) The intended use of the funds by the applicant, with
 9756  priority given to the construction of a new facility.
 9757         (b) The amount of local match, with priority given to the
 9758  largest percentage of local match proposed.
 9759         (c) The location of the facility in a brownfield site as
 9760  defined in s. 376.79(3), a rural enterprise zone as defined in
 9761  s. 290.004(6), an agriculturally depressed area as defined in s.
 9762  570.242(1), a redevelopment area established pursuant to s.
 9763  373.461(5)(g), or a county that has lost its agricultural land
 9764  to environmental restoration projects.
 9765         (d) The net increase, as a result of the facility, of total
 9766  available exhibition, arena, or civic center space within the
 9767  jurisdictional limits of the local government in which the
 9768  facility is to be located, with priority given to the largest
 9769  percentage increase of total exhibition, arena, or civic center
 9770  space.
 9771         (e) The historic record of the applicant in promoting
 9772  agriculture and educating the public about agriculture,
 9773  including, without limitation, awards, premiums, scholarships,
 9774  auctions, and other such activities.
 9775         (f) The highest projection on paid attendance attracted by
 9776  the agriculture education and promotion facility and the
 9777  proposed economic impact on the local community.
 9778         (g) The location of the facility with respect to an
 9779  Institute of Food and Agricultural Sciences (IFAS) facility,
 9780  with priority given to facilities closer in proximity to an IFAS
 9781  facility.
 9782         (8) Applications must be submitted by October 1 of each
 9783  year. The Department of Agriculture and Consumer Services may
 9784  not recommend funding for less than the requested amount to any
 9785  applicant certified as an agriculture education and promotion
 9786  facility; however, funding of certified applicants shall be
 9787  subject to the amount provided by the Legislature in the General
 9788  Appropriations Act for this program.
 9789         Section 164. Section 288.122, Florida Statutes, is amended
 9790  to read:
 9791         288.122 Tourism Promotional Trust Fund.—There is created
 9792  within the department Office of Tourism, Trade, and Economic
 9793  Development of the Executive Office of the Governor the Tourism
 9794  Promotional Trust Fund. Moneys deposited in the Tourism
 9795  Promotional Trust Fund shall only be used to support the
 9796  authorized activities and operations of the Florida Commission
 9797  on Tourism, and the to support tourism promotion and marketing
 9798  activities, services, functions, and programs administered by
 9799  Enterprise Florida, Inc., the Florida Commission on Tourism
 9800  through a contract with the commission’s direct-support
 9801  organization created under s. 288.1226.
 9802         Section 165. Section 288.12265, Florida Statutes, is
 9803  amended to read:
 9804         288.12265 Welcome centers.—
 9805         (1) Responsibility for the welcome centers is assigned to
 9806  Enterprise Florida, Inc., the Florida Commission on Tourism
 9807  which shall contract with the Florida Tourism Industry Marketing
 9808  Corporation commission’s direct-support organization to employ
 9809  all welcome center staff.
 9810         (2) Enterprise Florida, Inc., The Florida Commission on
 9811  Tourism, through its direct-support organization, shall
 9812  administer and operate the welcome centers. Pursuant to a
 9813  contract with the Department of Transportation, Enterprise
 9814  Florida, Inc., the commission shall be responsible for routine
 9815  repair, replacement, or improvement and the day-to-day
 9816  management of interior areas occupied by the welcome centers.
 9817  All other repairs, replacements, or improvements to the welcome
 9818  centers shall be the responsibility of the Department of
 9819  Transportation.
 9820         Section 166. Section 288.124, Florida Statutes, is amended
 9821  to read:
 9822         288.124 Convention grants program.—Enterprise Florida,
 9823  Inc., The Commission on Tourism is authorized to establish a
 9824  convention grants program and, pursuant to that program thereto,
 9825  to recommend to the department Office of Tourism, Trade, and
 9826  Economic Development expenditures and contracts with local
 9827  governments and nonprofit corporations or organizations for the
 9828  purpose of attracting national conferences and conventions to
 9829  Florida. Preference shall be given to local governments and
 9830  nonprofit corporations or organizations seeking to attract
 9831  minority conventions to Florida. Minority conventions are events
 9832  that primarily involve minority persons, as defined in s.
 9833  288.703, who are residents or nonresidents of the state.
 9834  Enterprise Florida, Inc., The commission shall establish
 9835  guidelines governing the award of grants and the administration
 9836  of this program. The department Office of Tourism, Trade, and
 9837  Economic Development has final approval authority for any grants
 9838  under this section. The total annual allocation of funds for
 9839  this program shall not exceed $40,000.
 9840         Section 167. Subsection (1) of section 288.1251, Florida
 9841  Statutes, is amended to read:
 9842         288.1251 Promotion and development of entertainment
 9843  industry; Office of Film and Entertainment; creation; purpose;
 9844  powers and duties.—
 9845         (1) CREATION.—
 9846         (a) There is hereby created within the department Office of
 9847  Tourism, Trade, and Economic Development the Office of Film and
 9848  Entertainment for the purpose of developing, marketing,
 9849  promoting, and providing services to the state’s entertainment
 9850  industry.
 9851         (b) The department Office of Tourism, Trade, and Economic
 9852  Development shall conduct a national search for a qualified
 9853  person to fill the position of Commissioner of Film and
 9854  Entertainment when the position is vacant. The executive
 9855  director of the department Office of Tourism, Trade, and
 9856  Economic Development has the responsibility to hire the film
 9857  commissioner. Qualifications for the film commissioner include,
 9858  but are not limited to, the following:
 9859         1. A working knowledge of the equipment, personnel,
 9860  financial, and day-to-day production operations of the
 9861  industries to be served by the Office of Film and Entertainment;
 9862         2. Marketing and promotion experience related to the film
 9863  and entertainment industries to be served;
 9864         3. Experience working with a variety of individuals
 9865  representing large and small entertainment-related businesses,
 9866  industry associations, local community entertainment industry
 9867  liaisons, and labor organizations; and
 9868         4. Experience working with a variety of state and local
 9869  governmental agencies.
 9870         Section 168. Subsections (1) and (2), paragraphs (d), (f),
 9871  (g), and (h) of subsection (5) of section 288.1252, Florida
 9872  Statutes, are amended to read:
 9873         288.1252 Florida Film and Entertainment Advisory Council;
 9874  creation; purpose; membership; powers and duties.—
 9875         (1) CREATION.—There is hereby created within the department
 9876  Office of Tourism, Trade, and Economic Development of the
 9877  Executive Office of the Governor, for administrative purposes
 9878  only, the Florida Film and Entertainment Advisory Council.
 9879         (2) PURPOSE.—The purpose of the council is shall be to
 9880  serve as an advisory body to the department Office of Tourism,
 9881  Trade, and Economic Development and to the Office of Film and
 9882  Entertainment to provide these offices with industry insight and
 9883  expertise related to developing, marketing, promoting, and
 9884  providing service to the state’s entertainment industry.
 9885         (5) POWERS AND DUTIES.—The Florida Film and Entertainment
 9886  Advisory Council shall have all the powers necessary or
 9887  convenient to carry out and effectuate the purposes and
 9888  provisions of this act, including, but not limited to, the power
 9889  to:
 9890         (d) Consider and study the needs of the entertainment
 9891  industry for the purpose of advising the film commissioner and
 9892  the department Office of Tourism, Trade, and Economic
 9893  Development.
 9894         (f) Consider all matters submitted to it by the film
 9895  commissioner and the department Office of Tourism, Trade, and
 9896  Economic Development.
 9897         (g) Advise and consult with the film commissioner and the
 9898  department Office of Tourism, Trade, and Economic Development,
 9899  at their request or upon its own initiative, regarding the
 9900  promulgation, administration, and enforcement of all laws and
 9901  rules relating to the entertainment industry.
 9902         (h) Suggest policies and practices for the conduct of
 9903  business by the Office of Film and Entertainment or by the
 9904  department Office of Tourism, Trade, and Economic Development
 9905  that will improve internal operations affecting the
 9906  entertainment industry and will enhance the economic development
 9907  initiatives of the state for the industry.
 9908         Section 169. Subsections (1), (2), (3), and (4) of section
 9909  288.1253, Florida Statutes, are amended to read:
 9910         288.1253 Travel and entertainment expenses.—
 9911         (1) As used in this section, the term “travel expenses”
 9912  means the actual, necessary, and reasonable costs of
 9913  transportation, meals, lodging, and incidental expenses normally
 9914  incurred by an employee of the Office of Film and Entertainment,
 9915  which costs are defined and prescribed by rules adopted by the
 9916  department Office of Tourism, Trade, and Economic Development,
 9917  subject to approval by the Chief Financial Officer.
 9918         (2) Notwithstanding the provisions of s. 112.061, the
 9919  department Office of Tourism, Trade, and Economic Development
 9920  shall adopt rules by which it may make expenditures by
 9921  reimbursement to: the Governor, the Lieutenant Governor,
 9922  security staff of the Governor or Lieutenant Governor, the
 9923  Commissioner of Film and Entertainment, or staff of the Office
 9924  of Film and Entertainment for travel expenses or entertainment
 9925  expenses incurred by such individuals solely and exclusively in
 9926  connection with the performance of the statutory duties of the
 9927  Office of Film and Entertainment. The rules are subject to
 9928  approval by the Chief Financial Officer before adoption. The
 9929  rules shall require the submission of paid receipts, or other
 9930  proof of expenditure prescribed by the Chief Financial Officer,
 9931  with any claim for reimbursement.
 9932         (3) The department Office of Tourism, Trade, and Economic
 9933  Development shall prepare an annual report of the expenditures
 9934  of the Office of Film and Entertainment and provide such report
 9935  to the Legislature no later than December 30 of each year for
 9936  the expenditures of the previous fiscal year. The report shall
 9937  consist of a summary of all travel, entertainment, and
 9938  incidental expenses incurred within the United States and all
 9939  travel, entertainment, and incidental expenses incurred outside
 9940  the United States, as well as a summary of all successful
 9941  projects that developed from such travel.
 9942         (4) The Office of Film and Entertainment and its employees
 9943  and representatives, when authorized, may accept and use
 9944  complimentary travel, accommodations, meeting space, meals,
 9945  equipment, transportation, and any other goods or services
 9946  necessary for or beneficial to the performance of the office’s
 9947  duties and purposes, so long as such acceptance or use is not in
 9948  conflict with part III of chapter 112. The department Office of
 9949  Tourism, Trade, and Economic Development shall, by rule, develop
 9950  internal controls to ensure that such goods or services accepted
 9951  or used pursuant to this subsection are limited to those that
 9952  will assist solely and exclusively in the furtherance of the
 9953  office’s goals and are in compliance with part III of chapter
 9954  112.
 9955         Section 170. Paragraph (a) of subsection (1), paragraphs
 9956  (d) and (f) of subsection (3), paragraphs (c) and (d) of
 9957  subsection (4), paragraph (a) of subsection (5), and paragraph
 9958  (b) of subsection (9) of section 288.1254, Florida Statutes, are
 9959  amended to read:
 9960         288.1254 Entertainment industry financial incentive
 9961  program.—
 9962         (1) DEFINITIONS.—As used in this section, the term:
 9963         (a) “Certified production” means a qualified production
 9964  that has tax credits allocated to it by the department Office of
 9965  Tourism, Trade, and Economic Development based on the
 9966  production’s estimated qualified expenditures, up to the
 9967  production’s maximum certified amount of tax credits, by the
 9968  department Office of Tourism, Trade, and Economic Development.
 9969  The term does not include a production if its first day of
 9970  principal photography or project start date in this state occurs
 9971  before the production is certified by the department Office of
 9972  Tourism, Trade, and Economic Development, unless the production
 9973  spans more than 1 fiscal year, was a certified production on its
 9974  first day of principal photography or project start date in this
 9975  state, and submits an application for continuing the same
 9976  production for the subsequent fiscal year.
 9977         (3) APPLICATION PROCEDURE; APPROVAL PROCESS.—
 9978         (d) Certification.—The Office of Film and Entertainment
 9979  shall review the application within 15 business days after
 9980  receipt. Upon its determination that the application contains
 9981  all the information required by this subsection and meets the
 9982  criteria set out in this section, the Office of Film and
 9983  Entertainment shall qualify the applicant and recommend to the
 9984  department Office of Tourism, Trade, and Economic Development
 9985  that the applicant be certified for the maximum tax credit award
 9986  amount. Within 5 business days after receipt of the
 9987  recommendation, the department Office of Tourism, Trade, and
 9988  Economic Development shall reject the recommendation or certify
 9989  the maximum recommended tax credit award, if any, to the
 9990  applicant and to the executive director of the Department of
 9991  Revenue.
 9992         (f) Verification of actual qualified expenditures.—
 9993         1. The Office of Film and Entertainment shall develop a
 9994  process to verify the actual qualified expenditures of a
 9995  certified production. The process must require:
 9996         a. A certified production to submit, in a timely manner
 9997  after production ends in this state and after making all of its
 9998  qualified expenditures in this state, data substantiating each
 9999  qualified expenditure, including documentation on the net
10000  expenditure on equipment and other tangible personal property by
10001  the qualified production, to an independent certified public
10002  accountant licensed in this state;
10003         b. Such accountant to conduct a compliance audit, at the
10004  certified production’s expense, to substantiate each qualified
10005  expenditure and submit the results as a report, along with the
10006  required substantiating data, to the Office of Film and
10007  Entertainment; and
10008         c. The Office of Film and Entertainment to review the
10009  accountant’s submittal and report to the department Office of
10010  Tourism, Trade, and Economic Development the final verified
10011  amount of actual qualified expenditures made by the certified
10012  production.
10013         2. The department Office of Tourism, Trade, and Economic
10014  Development shall determine and approve the final tax credit
10015  award amount to each certified applicant based on the final
10016  verified amount of actual qualified expenditures and shall
10017  notify the executive director of the Department of Revenue in
10018  writing that the certified production has met the requirements
10019  of the incentive program and of the final amount of the tax
10020  credit award. The final tax credit award amount may not exceed
10021  the maximum tax credit award amount certified under paragraph
10022  (d).
10023         (4) TAX CREDIT ELIGIBILITY; TAX CREDIT AWARDS; QUEUES;
10024  ELECTION AND DISTRIBUTION; CARRYFORWARD; CONSOLIDATED RETURNS;
10025  PARTNERSHIP AND NONCORPORATE DISTRIBUTIONS; MERGERS AND
10026  ACQUISITIONS.—
10027         (c) Withdrawal of tax credit eligibility.—A qualified or
10028  certified production must continue on a reasonable schedule,
10029  which includes beginning principal photography or the production
10030  project in this state no more than 45 calendar days before or
10031  after the principal photography or project start date provided
10032  in the production’s program application. The department Office
10033  of Tourism, Trade, and Economic Development shall withdraw the
10034  eligibility of a qualified or certified production that does not
10035  continue on a reasonable schedule.
10036         (d) Election and distribution of tax credits.—
10037         1. A certified production company receiving a tax credit
10038  award under this section shall, at the time the credit is
10039  awarded by the department Office of Tourism, Trade, and Economic
10040  Development after production is completed and all requirements
10041  to receive a credit award have been met, make an irrevocable
10042  election to apply the credit against taxes due under chapter
10043  220, against state taxes collected or accrued under chapter 212,
10044  or against a stated combination of the two taxes. The election
10045  is binding upon any distributee, successor, transferee, or
10046  purchaser. The department Office of Tourism, Trade, and Economic
10047  Development shall notify the Department of Revenue of any
10048  election made pursuant to this paragraph.
10049         2. A qualified production company is eligible for tax
10050  credits against its sales and use tax liabilities and corporate
10051  income tax liabilities as provided in this section. However, tax
10052  credits awarded under this section may not be claimed against
10053  sales and use tax liabilities or corporate income tax
10054  liabilities for any tax period beginning before July 1, 2011,
10055  regardless of when the credits are applied for or awarded.
10056         (5) TRANSFER OF TAX CREDITS.—
10057         (a) Authorization.—Upon application to the Office of Film
10058  and Entertainment and approval by the department Office of
10059  Tourism, Trade, and Economic Development, a certified production
10060  company, or a partner or member that has received a distribution
10061  under paragraph (4)(g), may elect to transfer, in whole or in
10062  part, any unused credit amount granted under this section. An
10063  election to transfer any unused tax credit amount under chapter
10064  212 or chapter 220 must be made no later than 5 years after the
10065  date the credit is awarded, after which period the credit
10066  expires and may not be used. The department Office of Tourism,
10067  Trade, and Economic Development shall notify the Department of
10068  Revenue of the election and transfer.
10069         (9) AUDIT AUTHORITY; REVOCATION AND FORFEITURE OF TAX
10070  CREDITS; FRAUDULENT CLAIMS.—
10071         (b) Revocation of tax credits.—The department Office of
10072  Tourism, Trade, and Economic Development may revoke or modify
10073  any written decision qualifying, certifying, or otherwise
10074  granting eligibility for tax credits under this section if it is
10075  discovered that the tax credit applicant submitted any false
10076  statement, representation, or certification in any application,
10077  record, report, plan, or other document filed in an attempt to
10078  receive tax credits under this section. The department Office of
10079  Tourism, Trade, and Economic Development shall immediately
10080  notify the Department of Revenue of any revoked or modified
10081  orders affecting previously granted tax credits. Additionally,
10082  the applicant must notify the Department of Revenue of any
10083  change in its tax credit claimed.
10084         Section 171. Section 288.7015, Florida Statutes, is amended
10085  to read:
10086         288.7015 Appointment of rules ombudsman; duties.—The
10087  Governor shall appoint a rules ombudsman, as defined in s.
10088  288.703, in the Executive Office of the Governor, for
10089  considering the impact of agency rules on the state’s citizens
10090  and businesses. In carrying out duties as provided by law, the
10091  ombudsman shall consult with Enterprise Florida, Inc., at which
10092  point the department office may recommend to improve the
10093  regulatory environment of this state. The duties of the rules
10094  ombudsman are to:
10095         (1) Carry out the responsibility provided in s. 120.54(2),
10096  with respect to small businesses.
10097         (2) Review state agency rules that adversely or
10098  disproportionately impact businesses, particularly those
10099  relating to small and minority businesses.
10100         (3) Make recommendations on any existing or proposed rules
10101  to alleviate unnecessary or disproportionate adverse effects to
10102  businesses.
10103         (4) Each state agency shall cooperate fully with the rules
10104  ombudsman in identifying such rules. Further, each agency shall
10105  take the necessary steps to waive, modify, or otherwise minimize
10106  such adverse effects of any such rules. However, nothing in this
10107  section authorizes any state agency to waive, modify, provide
10108  exceptions to, or otherwise alter any rule that is:
10109         (a) Expressly required to implement or enforce any
10110  statutory provision or the express legislative intent thereof;
10111         (b) Designed to protect persons against discrimination on
10112  the basis of race, color, national origin, religion, sex, age,
10113  handicap, or marital status; or
10114         (c) Likely to prevent a significant risk or danger to the
10115  public health, the public safety, or the environment of the
10116  state.
10117         (5) The modification or waiver of any such rule pursuant to
10118  this section must be accomplished in accordance with the
10119  provisions of chapter 120.
10120         Section 172. Section 288.703, Florida Statutes, is amended
10121  to read:
10122         288.703 Definitions.—As used in ss. 288.702-288.706, the
10123  term this act, the following words and terms shall have the
10124  following meanings unless the content shall indicate another
10125  meaning or intent:
10126         (6)(1) “Small business” means an independently owned and
10127  operated business concern that employs 200 or fewer permanent
10128  full-time employees and that, together with its affiliates, has
10129  a net worth of not more than $5 million or any firm based in
10130  this state which has a Small Business Administration 8(a)
10131  certification. As applicable to sole proprietorships, the $5
10132  million net worth requirement shall include both personal and
10133  business investments.
10134         (3)(2) “Minority business enterprise” means any small
10135  business concern as defined in subsection (6)(1) which is
10136  organized to engage in commercial transactions, which is
10137  domiciled in Florida, and which is at least 51-percent-owned by
10138  minority persons who are members of an insular group that is of
10139  a particular racial, ethnic, or gender makeup or national
10140  origin, which has been subjected historically to disparate
10141  treatment due to identification in and with that group resulting
10142  in an underrepresentation of commercial enterprises under the
10143  group’s control, and whose management and daily operations are
10144  controlled by such persons. A minority business enterprise may
10145  primarily involve the practice of a profession. Ownership by a
10146  minority person does not include ownership which is the result
10147  of a transfer from a nonminority person to a minority person
10148  within a related immediate family group if the combined total
10149  net asset value of all members of such family group exceeds $1
10150  million. For purposes of this subsection, the term “related
10151  immediate family group” means one or more children under 16
10152  years of age and a parent of such children or the spouse of such
10153  parent residing in the same house or living unit.
10154         (4)(3) “Minority person” means a lawful, permanent resident
10155  of Florida who is:
10156         (a) An African American, a person having origins in any of
10157  the black racial groups of the African Diaspora, regardless of
10158  cultural origin.
10159         (b) A Hispanic American, a person of Spanish or Portuguese
10160  culture with origins in Spain, Portugal, Mexico, South America,
10161  Central America, or the Caribbean, regardless of race.
10162         (c) An Asian American, a person having origins in any of
10163  the original peoples of the Far East, Southeast Asia, the Indian
10164  Subcontinent, or the Pacific Islands, including the Hawaiian
10165  Islands before prior to 1778.
10166         (d) A Native American, a person who has origins in any of
10167  the Indian Tribes of North America before prior to 1835, upon
10168  presentation of proper documentation thereof as established by
10169  rule of the Department of Management Services.
10170         (e) An American woman.
10171         (1)(4) “Certified minority business enterprise” means a
10172  business which has been certified by the certifying organization
10173  or jurisdiction in accordance with s. 287.0943(1) and (2).
10174         (5)“Department” means the Department of Management
10175  Services.
10176         (5)(6) “Ombudsman” means an office or individual whose
10177  responsibilities include coordinating with the Office of
10178  Supplier Diversity for the interests of and providing assistance
10179  to small and minority business enterprises in dealing with
10180  governmental agencies and in developing proposals for changes in
10181  state agency rules.
10182         (2)(7) “Financial institution” means any bank, trust
10183  company, insurance company, savings and loan association, credit
10184  union, federal lending agency, or foundation.
10185         (8)“Secretary” means the secretary of the Department of
10186  Management Services.
10187         Section 173. Section 288.705, Florida Statutes, is amended
10188  to read:
10189         288.705 Statewide contracts register.—All state agencies
10190  shall in a timely manner provide the Florida Small Business
10191  Development Center Procurement System with all formal
10192  solicitations for contractual services, supplies, and
10193  commodities. The Small Business Development Center shall
10194  coordinate with Minority Business Development Centers to compile
10195  and distribute this information to small and minority businesses
10196  requesting such service for the period of time necessary to
10197  familiarize the business with the market represented by state
10198  agencies. On or before February 1 of each year, the Small
10199  Business Development Center shall report to the department
10200  Agency for Workforce Innovation on the use of the statewide
10201  contracts register. The report shall include, but not be limited
10202  to, information relating to:
10203         (1) The total number of solicitations received from state
10204  agencies during the calendar year.
10205         (2) The number of solicitations received from each state
10206  agency during the calendar year.
10207         (3) The method of distributing solicitation information to
10208  businesses requesting such service.
10209         (4) The total number of businesses using the service.
10210         (5) The percentage of businesses using the service which
10211  are owned and controlled by minorities.
10212         (6) The percentage of service-disabled veteran business
10213  enterprises using the service.
10214         Section 174. Subsection (12) of section 288.706, Florida
10215  Statutes, is amended to read:
10216         288.706 Florida Minority Business Loan Mobilization
10217  Program.—
10218         (12) The Department of Management Services shall
10219  collaborate with Enterprise Florida, Inc., the Florida Black
10220  Business Investment Board, Inc., and the department Office of
10221  Tourism, Trade, and Economic Development to assist in the
10222  development and enhancement of black business enterprises.
10223         Section 175. Subsection (2) of section 288.7094, Florida
10224  Statutes, is amended to read:
10225         288.7094 Black business investment corporations.—
10226         (2) A black business investment corporation that meets the
10227  requirements of s. 288.7102(4) is eligible to participate in the
10228  Black Business Loan Program and shall receive priority
10229  consideration by the department Office of Tourism, Trade, and
10230  Economic Development for participation in the program.
10231         Section 176. Section 288.7102, Florida Statutes, is amended
10232  to read:
10233         288.7102 Black Business Loan Program.—
10234         (1) The Black Business Loan Program is established in the
10235  department, which Office of Tourism, Trade, and Economic
10236  Development. Under the program, the office shall annually
10237  certify eligible recipients and subsequently disburse funds
10238  appropriated by the Legislature, through such eligible
10239  recipients, to black business enterprises that cannot obtain
10240  capital through conventional lending institutions but that could
10241  otherwise compete successfully in the private sector.
10242         (2) The department office shall establish an application
10243  and annual certification process for entities seeking funds to
10244  participate in providing loans, loan guarantees, or investments
10245  in black business enterprises pursuant to the Florida Black
10246  Business Investment Act. The department office shall process all
10247  applications and recertifications submitted by June 1 on or
10248  before July 31.
10249         (3) If the Black Business Loan Program is appropriated any
10250  funding in a fiscal year, the department Office shall distribute
10251  an equal amount of the appropriation, calculated as the total
10252  annual appropriation divided by the total number of program
10253  recipients certified on or before July 31 of that fiscal year.
10254         (4) To be eligible to receive funds and provide loans, loan
10255  guarantees, or investments under this section, a recipient must:
10256         (a) Be a corporation registered in the state.
10257         (b) For an existing recipient, annually submit to the
10258  department office a financial audit performed by an independent
10259  certified public account for the most recently completed fiscal
10260  year, which audit does not reveal any material weaknesses or
10261  instances of material noncompliance.
10262         (c) For a new recipient:
10263         1. Demonstrate that its board of directors includes
10264  citizens of the state experienced in the development of black
10265  business enterprises.
10266         2. Demonstrate that the recipient has a business plan that
10267  allows the recipient to operate in a manner consistent with this
10268  section ss. 288.707-288.714 and the rules of the department
10269  office.
10270         3. Demonstrate that the recipient has the technical skills
10271  to analyze and evaluate applications by black business
10272  enterprises for loans, loan guarantees, or investments.
10273         4. Demonstrate that the recipient has established viable
10274  partnerships with public and private funding sources, economic
10275  development agencies, and workforce development and job referral
10276  networks.
10277         5. Demonstrate that the recipient can provide a private
10278  match equal to 20 percent of the amount of funds provided by the
10279  department office.
10280         (d) For an existing or new recipient, agree to maintain the
10281  recipient’s books and records relating to funds received by the
10282  department office according to generally accepted accounting
10283  principles and in accordance with the requirements of s.
10284  215.97(7) and to make those books and records available to the
10285  department office for inspection upon reasonable notice.
10286         (5) Each eligible recipient must meet the requirements of
10287  this section provisions of ss. 288.707-288.714, the terms of the
10288  contract between the recipient and the department Office, and
10289  any other applicable state or federal laws. An entity may not
10290  receive funds under ss. 288.707-288.714 unless the entity meets
10291  annual certification requirements.
10292         (6) Upon approval by the department Office and before
10293  release of the funds as provided in this section, the department
10294  Office shall issue a letter certifying the applicant as
10295  qualified for an award. The department Office and the applicant
10296  shall enter into an agreement that sets forth the conditions for
10297  award of the funds. The agreement must include the total amount
10298  of funds awarded; the performance conditions that must be met
10299  once the funding has been awarded, including, but not limited
10300  to, compliance with all of the requirements of this section for
10301  eligible recipients of funds under this section; and sanctions
10302  for failure to meet performance conditions, including any
10303  provisions to recover awards.
10304         (7) The department Office, in consultation with the board,
10305  shall adopt rules pursuant to ss. 120.536(1) and 120.54 to
10306  implement this section.
10307         (8) A black business investment corporation certified by
10308  the department Office as an eligible recipient under this
10309  section is authorized to use funds appropriated for the Black
10310  Business Loan Program in any of the following forms:
10311         (a) Purchases of stock, preferred or common, voting or
10312  nonvoting; however, no more than 40 percent of the funds may be
10313  used for direct investments in black business enterprises;
10314         (b) Loans or loan guarantees, with or without recourse, in
10315  either a subordinated or priority position; or
10316         (c) Technical support to black business enterprises, not to
10317  exceed 9 percent of the funds received, and direct
10318  administrative costs, not to exceed 12 percent of the funds
10319  received.
10320         (9) It is the intent of the Legislature that if any one
10321  type of investment mechanism authorized in subsection (8) is
10322  held to be invalid, all other valid mechanisms remain available.
10323         (10) All loans, loan guarantees, and investments, and any
10324  income related thereto, shall be used to carry out the public
10325  purpose of ss. 288.707-288.714, which is to develop black
10326  business enterprises. This subsection does not preclude a
10327  reasonable profit for the participating black business
10328  investment corporation or for return of equity developed to the
10329  state and participating financial institutions upon any
10330  distribution of the assets or excess income of the investment
10331  corporation.
10332         Section 177. Section 288.714, Florida Statutes, is amended
10333  to read:
10334         288.714 Quarterly and annual reports.—
10335         (1) Each recipient of state funds under s. 288.7102 shall
10336  provide to the department Office a quarterly report within 15
10337  days after the end of each calendar quarter that includes a
10338  detailed summary of the recipient’s performance of the duties
10339  imposed by s. 288.7102, including, but not limited to:
10340         (a) The dollar amount of all loans or loan guarantees made
10341  to black business enterprises, the percentages of the loans
10342  guaranteed, and the names and identification of the types of
10343  businesses served.
10344         (b) Loan performance information.
10345         (c) The amount and nature of all other financial assistance
10346  provided to black business enterprises.
10347         (d) The amount and nature of technical assistance provided
10348  to black business enterprises, including technical assistance
10349  services provided in areas in which such services are otherwise
10350  unavailable.
10351         (e) A balance sheet for the recipient, including an
10352  explanation of all investments and administrative and
10353  operational expenses.
10354         (f) A summary of all services provided to nonblack business
10355  enterprises, including the dollar value and nature of such
10356  services and the names and identification of the types of
10357  businesses served.
10358         (g) Any other information as required by policies adopted
10359  by the department Office.
10360         (2) The department Office must compile a summary of all
10361  quarterly reports and provide a copy of the summary to the board
10362  within 30 days after the end of each calendar quarter that
10363  includes a detailed summary of the recipient’s performance of
10364  the duties imposed by s. 288.7102.
10365         (3) By August 31 of each year, the department Office shall
10366  provide to the Governor, the President of the Senate, and the
10367  Speaker of the House of Representatives a detailed report of the
10368  performance of the Black Business Loan Program. The report must
10369  include a cumulative summary of quarterly report data required
10370  by subsection (1).
10371         (4) By August 31 of each year, the board shall provide to
10372  the Governor, the President of the Senate, and the Speaker of
10373  the House of Representatives a detailed report of the board’s
10374  performance, including:
10375         (a) A description of the strategies implemented by the
10376  board to increase private investment in black business
10377  enterprises.
10378         (b) A summary of the board’s performance of its duties
10379  under ss. 288.707-288.712.
10380         (c) The most recent 5-year projection of the need for
10381  capital by black business enterprises.
10382         (d) Recommendations for legislative or other changes to
10383  enhance the development and expansion of black business
10384  enterprises in the state.
10385         (e) A projection of the program’s activities during the
10386  next 12 months.
10387         Section 178. Subsection (1) of section 288.773, Florida
10388  Statutes, is amended to read:
10389         288.773 Florida Export Finance Corporation.—The Florida
10390  Export Finance Corporation is hereby created as a corporation
10391  not for profit, to be incorporated under the provisions of
10392  chapter 617 and approved by the Department of State. The
10393  corporation is organized on a nonstock basis. The purpose of the
10394  corporation is to expand employment and income opportunities for
10395  residents of this state through increased exports of goods and
10396  services, by providing businesses domiciled in this state
10397  information and technical assistance on export opportunities,
10398  exporting techniques, and financial assistance through
10399  guarantees and direct loan originations for sale in support of
10400  export transactions. The corporation shall have the power and
10401  authority to carry out the following functions:
10402         (1) To coordinate the efforts of the corporation with
10403  programs and goals of the United States Export-Import Bank, the
10404  International Trade Administration of the United States
10405  Department of Commerce, the Foreign Credit Insurance
10406  Association, Enterprise Florida, Inc., and its boards, and other
10407  private and public programs and organizations, domestic and
10408  foreign, designed to provide export assistance and export
10409  related financing.
10410         Section 179. Paragraph (b) of subsection (3) of section
10411  288.774, Florida Statutes, is amended to read:
10412         288.774 Powers and limitations.—
10413         (3)
10414         (b) In providing assistance, the board shall be guided by
10415  the statewide economic development plan adopted by the
10416  department pursuant to s. 288.905.
10417         Section 180. Paragraph (a) of subsection (1) and paragraph
10418  (g) of subsection (3) of section 288.776, Florida Statutes, are
10419  amended to read:
10420         288.776 Board of directors; powers and duties.—
10421         (1)(a) The corporation shall have a board of directors
10422  consisting of 15 members representing all geographic areas of
10423  the state. Minority and gender representation must be considered
10424  when making appointments to the board. The board membership must
10425  include:
10426         1. A representative of the following businesses, all of
10427  which must be registered to do business in this state: a foreign
10428  bank, a state bank, a federal bank, an insurance company
10429  involved in covering trade financing risks, and a small or
10430  medium-sized exporter.
10431         2. The following persons or their designee: the President
10432  of Enterprise Florida, Inc., the Chief Financial Officer, the
10433  Secretary of State, and a senior official of the United States
10434  Department of Commerce, and the chair of the Florida Black
10435  Business Investment Board.
10436         (3) The board shall:
10437         (g) Consult with Enterprise Florida, Inc., and its boards,
10438  or any state or federal agency, to ensure that the respective
10439  loan guarantee or working capital loan origination programs are
10440  not duplicative and that each program makes full use of, to the
10441  extent practicable, the resources of the other.
10442         Section 181. Section 288.7771, Florida Statutes, is amended
10443  to read:
10444         288.7771 Annual report of Florida Export Finance
10445  Corporation.—The corporation shall annually prepare and submit
10446  to the department Enterprise Florida, Inc., for inclusion in its
10447  annual report required by s. 288.095 a complete and detailed
10448  report setting forth:
10449         (1) The report required in s. 288.776(3).
10450         (2) Its assets and liabilities at the end of its most
10451  recent fiscal year.
10452         Section 182. Section 288.816, Florida Statutes, is amended
10453  to read:
10454         288.816 Intergovernmental relations.—
10455         (1) The state protocol officer Office of Tourism, Trade,
10456  and Economic Development shall be responsible for consular
10457  operations and the sister city and sister state program and
10458  shall serve as liaison with foreign, federal, and other state
10459  international organizations and with county and municipal
10460  governments in Florida.
10461         (2) The state protocol officer Office of Tourism, Trade,
10462  and Economic Development shall be responsible for all consular
10463  relations between the state and all foreign governments doing
10464  business in Florida. The state protocol officer office shall
10465  monitor United States laws and directives to ensure that all
10466  federal treaties regarding foreign privileges and immunities are
10467  properly observed. The state protocol officer office shall
10468  promulgate rules which shall:
10469         (a) Establish a viable system of registration for foreign
10470  government officials residing or having jurisdiction in the
10471  state. Emphasis shall be placed on maintaining active
10472  communication between the state protocol officer Office of
10473  Tourism, Trade, and Economic Development and the United States
10474  Department of State in order to be currently informed regarding
10475  foreign governmental personnel stationed in, or with official
10476  responsibilities for, Florida. Active dialogue shall also be
10477  maintained with foreign countries which historically have had
10478  dealings with Florida in order to keep them informed of the
10479  proper procedure for registering with the state.
10480         (b) Maintain and systematically update a current and
10481  accurate list of all such foreign governmental officials,
10482  consuls, or consulates.
10483         (c) Issue certificates to such foreign governmental
10484  officials after verification pursuant to proper investigations
10485  through United States Department of State sources and the
10486  appropriate foreign government.
10487         (d) Verify entitlement to sales and use tax exemptions
10488  pursuant to United States Department of State guidelines and
10489  identification methods.
10490         (e) Verify entitlement to issuance of special motor vehicle
10491  license plates by the Division of Motor Vehicles of the
10492  Department of Highway Safety and Motor Vehicles to honorary
10493  consuls or such other officials representing foreign governments
10494  who are not entitled to issuance of special Consul Corps license
10495  plates by the United States Government.
10496         (f) Establish a system of communication to provide all
10497  state and local law enforcement agencies with information
10498  regarding proper procedures relating to the arrest or
10499  incarceration of a foreign citizen.
10500         (g) Request the Department of Law Enforcement to provide
10501  transportation and protection services when necessary pursuant
10502  to s. 943.68.
10503         (h) Coordinate, when necessary, special activities between
10504  foreign governments and Florida state and local governments.
10505  These may include Consular Corps Day, Consular Corps
10506  conferences, and various other social, cultural, or educational
10507  activities.
10508         (i) Notify all newly arrived foreign governmental officials
10509  of the services offered by the state protocol officer Office of
10510  Tourism, Trade, and Economic Development.
10511         (3) The state protocol officer Office of Tourism, Trade,
10512  and Economic Development shall operate the sister city and
10513  sister state program and establish such new programs as needed
10514  to further global understanding through the interchange of
10515  people, ideas, and culture between Florida and the world. To
10516  accomplish this purpose, the state protocol officer office shall
10517  have the power and authority to:
10518         (a) Coordinate and carry out activities designed to
10519  encourage the state and its subdivisions to participate in
10520  sister city and sister state affiliations with foreign countries
10521  and their subdivisions. Such activities may include a State of
10522  Florida sister cities conference.
10523         (b) Encourage cooperation with and disseminate information
10524  pertaining to the Sister Cities International Program and any
10525  other program whose object is to promote linkages with foreign
10526  countries and their subdivisions.
10527         (c) Maximize any aid available from all levels of
10528  government, public and private agencies, and other entities to
10529  facilitate such activities.
10530         (d) Establish a viable system of registration for sister
10531  city and sister state affiliations between the state and foreign
10532  countries and their subdivisions. Such system shall include a
10533  method to determine that sufficient ties are properly
10534  established as well as a method to supervise how these ties are
10535  maintained.
10536         (e) Maintain a current and accurate listing of all such
10537  affiliations. Sister city affiliations shall not be discouraged
10538  between the state and any country specified in s. 620(f)(1) of
10539  the federal Foreign Assistance Act of 1961, as amended, with
10540  whom the United States is currently conducting diplomatic
10541  relations unless a mandate from the United States Government
10542  expressly prohibits such affiliations.
10543         (4) The state protocol officer Office of Tourism, Trade,
10544  and Economic Development shall serve as a contact for the state
10545  with the Florida Washington Office, the Florida Congressional
10546  Delegation, and United States Government agencies with respect
10547  to laws or policies which may affect the interests of the state
10548  in the area of international relations. All inquiries received
10549  regarding international economic trade development or reverse
10550  investment opportunities shall be referred to Enterprise
10551  Florida, Inc. In addition, the state protocol officer office
10552  shall serve as liaison with other states with respect to
10553  international programs of interest to Florida. The state
10554  protocol officer office shall also investigate and make
10555  suggestions regarding possible areas of joint action or regional
10556  cooperation with these states.
10557         (5) The state protocol officer Office of Tourism, Trade,
10558  and Economic Development shall have the power and duty to
10559  encourage the relocation to Florida of consular offices and
10560  multilateral and international agencies and organizations.
10561         (6) The department and Enterprise Florida, Inc., Office of
10562  Tourism, Trade, and Economic Development, through membership on
10563  the board of directors of Enterprise Florida, Inc., shall help
10564  to contribute an international perspective to the state’s
10565  development efforts.
10566         Section 183. Paragraph (a) of subsection (1) and subsection
10567  (2) of section 288.809, Florida Statutes, are amended to read:
10568         288.809 Florida Intergovernmental Relations Foundation; use
10569  of property; board of directors; audit.—
10570         (1) DEFINITIONS.—For the purposes of this section, the
10571  term:
10572         (a) “Florida Intergovernmental Relations Foundation” means
10573  a direct-support organization:
10574         1. Which is a corporation not for profit that is
10575  incorporated under the provisions of chapter 617 and approved by
10576  the Department of State;
10577         2. Which is organized and operated exclusively to solicit,
10578  receive, hold, invest, and administer property and, subject to
10579  the approval of the state protocol officer Office of Tourism,
10580  Trade, and Economic Development, to make expenditures to or for
10581  the promotion of intergovernmental relations programs; and
10582         3. Which the state protocol officer Office of Tourism,
10583  Trade, and Economic Development, after review, has certified to
10584  be operating in a manner consistent with the policies and goals
10585  of the state protocol officer office.
10586         (2) USE OF PROPERTY.—The state protocol officer Office of
10587  Tourism, Trade, and Economic Development:
10588         (a) May Is authorized to permit the use of property,
10589  facilities, and personal services of the Executive Office of the
10590  Governor Office of Tourism, Trade, and Economic Development by
10591  the foundation, subject to the provisions of this section.
10592         (b) Shall prescribe conditions with which the foundation
10593  must comply in order to use property, facilities, or personal
10594  services of the department. Such conditions shall provide for
10595  budget and audit review and for oversight by the state protocol
10596  officer Office of Tourism, Trade, and Economic Development.
10597         (c) Shall not permit the use of property, facilities, or
10598  personal services of the foundation if the foundation does not
10599  provide equal employment opportunities to all persons,
10600  regardless of race, color, national origin, sex, age, or
10601  religion.
10602         Section 184. Subsections (2) through (8) of section
10603  288.8175, Florida Statutes, are renumbered as subsections (1)
10604  through (7), respectively, and present subsections (1), (3),
10605  (4), and (8) of that section are amended to read:
10606         288.8175 Linkage institutes between postsecondary
10607  institutions in this state and foreign countries.—
10608         (1)As used in this section, the term “department” means
10609  the Department of Education.
10610         (2)(3) Each institute must be governed by an agreement
10611  between the Board of Governors of the State University System
10612  for a state university and the State Board of Education for a
10613  community college with the counterpart organization in a foreign
10614  country. Each institute must report to the Department of
10615  Education regarding its program activities, expenditures, and
10616  policies.
10617         (3)(4) Each institute must be co-administered in this state
10618  by a university-community college partnership, as designated in
10619  subsection (5), and must have a private sector and public sector
10620  advisory committee. The advisory committee must be
10621  representative of the international education and commercial
10622  interests of the state and may have members who are native to
10623  the foreign country partner. Six members must be appointed by
10624  the Department of Education. The Department of Education must
10625  appoint at least one member who is an international educator.
10626  The presidents, or their designees, of the participating
10627  university and community college must also serve on the advisory
10628  committee.
10629         (7)(8) A linkage institute may not be created or funded
10630  except upon the recommendation of the Department of Education
10631  and except by amendment to this section.
10632         Section 185. Section 288.826, Florida Statutes, is amended
10633  to read:
10634         288.826 Florida International Trade and Promotion Trust
10635  Fund.—There is hereby established in the State Treasury the
10636  Florida International Trade and Promotion Trust Fund. The moneys
10637  deposited into this trust fund shall be administered by the
10638  department Office of Tourism, Trade, and Economic Development
10639  for the operation of Enterprise Florida, Inc., and its boards
10640  and for the operation of Florida international foreign offices
10641  under s. 288.012.
10642         Section 186. Subsections (2) and (5) of section 288.95155,
10643  Florida Statutes, are amended to read:
10644         288.95155 Florida Small Business Technology Growth
10645  Program.—
10646         (2)(a) Enterprise Florida, Inc., shall establish a separate
10647  small business technology growth account in the Florida
10648  Technology Research Investment Fund for purposes of this
10649  section. Moneys in the account shall consist of appropriations
10650  by the Legislature, proceeds of any collateral used to secure
10651  such assistance, transfers, fees assessed for providing or
10652  processing such financial assistance, grants, interest earnings,
10653  and earnings on financial assistance.
10654         (b) For the 2009-2010 fiscal year only, Enterprise Florida,
10655  Inc., shall advance up to $600,000 from the account to the
10656  Institute for Commercialization of Public Research for its
10657  operations. This paragraph expires July 1, 2010.
10658         (5) Enterprise Florida, Inc., shall prepare for inclusion
10659  in the and include in its annual report of the department
10660  required by s. 288.095 a report on the financial status of the
10661  program. The report must specify the assets and liabilities of
10662  the program within the current fiscal year and must include a
10663  portfolio update that lists all of the businesses assisted, the
10664  private dollars leveraged by each business assisted, and the
10665  growth in sales and in employment of each business assisted.
10666         Section 187. Paragraph (e) of subsection (2), paragraph (a)
10667  of subsection (4), subsection (7), paragraph (b) of subsection
10668  (8), subsection (9), paragraph (l) of subsection (10), and
10669  subsection (15) of section 288.955, Florida Statutes, are
10670  amended, and present subsections (16) and (17) of that section
10671  are renumbered as subsections (15) and (16), respectively, to
10672  read:
10673         288.955 Scripps Florida Funding Corporation.—
10674         (2) CREATION.—
10675         (e) The department Office of Tourism, Trade, and Economic
10676  Development shall provide administrative support to the
10677  corporation as requested by the corporation. In the event of the
10678  dissolution of the corporation, the department office shall be
10679  the corporation’s successor in interest and shall assume all
10680  rights, duties, and obligations of the corporation under any
10681  contract to which the corporation is then a party and under law.
10682         (4) BOARD; MEMBERSHIP.—The corporation shall be governed by
10683  a board of directors.
10684         (a) The board of directors shall consist of nine voting
10685  members, of whom the Governor shall appoint three, the President
10686  of the Senate shall appoint three, and the Speaker of the House
10687  of Representatives shall appoint three. The executive director
10688  of the department Office of Tourism, Trade, and Economic
10689  Development or the director’s designee shall serve as an ex
10690  officio, nonvoting member of the board of directors.
10691         (7) INVESTMENT OF FUNDS.—The corporation must enter into an
10692  agreement with the State Board of Administration under which
10693  funds received by the corporation from the department Office of
10694  Tourism, Trade, and Economic Development which are not disbursed
10695  to the grantee shall be invested by the State Board of
10696  Administration on behalf of the corporation. Funds shall be
10697  invested in suitable instruments authorized under s. 215.47 and
10698  specified in investment guidelines established and agreed to by
10699  the State Board of Administration and the corporation.
10700         (8) CONTRACT.—
10701         (b) The contract, at a minimum, must contain provisions:
10702         1. Specifying the procedures and schedules that govern the
10703  disbursement of funds under this section and specifying the
10704  conditions or deliverables that the grantee must satisfy before
10705  the release of each disbursement.
10706         2. Requiring the grantee to submit to the corporation a
10707  business plan in a form and manner prescribed by the
10708  corporation.
10709         3. Prohibiting The Scripps Research Institute or the
10710  grantee from establishing other biomedical science or research
10711  facilities in any state other than this state or California for
10712  a period of 12 years from the commencement of the contract.
10713  Nothing in this subparagraph shall prohibit the grantee from
10714  establishing or engaging in normal collaborative activities with
10715  other organizations.
10716         4. Governing the ownership of or security interests in real
10717  property and personal property, including, but not limited to,
10718  research equipment, obtained through the financial support of
10719  state or local government, including a provision that in the
10720  event of a breach of the contract or in the event the grantee
10721  ceases operations in this state, such property purchased with
10722  state funds shall revert to the state and such property
10723  purchased with local funds shall revert to the local governing
10724  authority.
10725         5. Requiring the grantee to be an equal opportunity
10726  employer.
10727         6. Requiring the grantee to maintain a policy of awarding
10728  preference in employment to residents of this state, as defined
10729  by law, except for professional scientific staff positions
10730  requiring a doctoral degree, postdoctoral training positions,
10731  and graduate student positions.
10732         7. Requiring the grantee to maintain a policy of making
10733  purchases from vendors in this state, to the extent it is cost
10734  effective and scientifically sound.
10735         8. Requiring the grantee to use the Internet-based job
10736  listing system of the department Agency for Workforce Innovation
10737  in advertising employment opportunities.
10738         9. Requiring the grantee to establish accredited science
10739  degree programs.
10740         10. Requiring the grantee to establish internship programs
10741  to create learning opportunities for educators and secondary,
10742  postsecondary, graduate, and doctoral students.
10743         11. Requiring the grantee to submit data to the corporation
10744  on the activities and performance during each fiscal year and to
10745  provide to the corporation an annual accounting of the
10746  expenditure of funds disbursed under this section.
10747         12. Establishing that the corporation shall review the
10748  activities of the grantee to assess the grantee’s financial and
10749  operational compliance with the provisions of the contract and
10750  with relevant provisions of law.
10751         13. Authorizing the grantee, when feasible, to use
10752  information submitted by it to the Federal Government or to
10753  other organizations awarding research grants to the grantee to
10754  help meet reporting requirements imposed under this section or
10755  the contract, if the information satisfies the reporting
10756  standards of this section and the contract.
10757         14. Requiring the grantee during the first 7 years of the
10758  contract to create 545 positions and to acquire associated
10759  research equipment for the grantee’s facility in this state, and
10760  pay for related maintenance of the equipment, in a total amount
10761  of not less than $45 million.
10762         15. Requiring the grantee to progress in the creation of
10763  the total number of jobs prescribed in subparagraph 14. on the
10764  following schedule: At least 38 positions in the 1st year, 168
10765  positions in the 2nd year, 280 positions in the 3rd year, 367
10766  positions in the 4th year, 436 positions in the 5th year, 500
10767  positions in the 6th year, and 545 positions in the 7th year.
10768  The board may allow the grantee to deviate downward from such
10769  employee levels by 25 percent in any year, to allow the grantee
10770  flexibility in achieving the objectives set forth in the
10771  business plan provided to the corporation; however, the grantee
10772  must have no fewer than 545 positions by the end of the 7th
10773  year.
10774         16. Requiring the grantee to allow the corporation to
10775  retain an independent certified public accountant licensed in
10776  this state pursuant to chapter 473 to inspect the records of the
10777  grantee in order to audit the expenditure of funds disbursed to
10778  the grantee. The independent certified public accountant shall
10779  not disclose any confidential or proprietary scientific
10780  information of the grantee.
10781         17. Requiring the grantee to purchase liability insurance
10782  and governing the coverage level of such insurance.
10783         (9) PERFORMANCE EXPECTATIONS.—In addition to the provisions
10784  prescribed in subsection (8), the contract between the
10785  corporation and the grantee shall include a provision that the
10786  grantee, in cooperation with the department Office of Tourism,
10787  Trade, and Economic Development, shall report to the corporation
10788  on performance expectations that reflect the aspirations of the
10789  Governor and the Legislature for the benefits accruing to this
10790  state as a result of the funds appropriated pursuant to this
10791  section. These shall include, but are not limited to,
10792  performance expectations addressing:
10793         (a) The number and dollar value of research grants obtained
10794  from the Federal Government or sources other than this state.
10795         (b) The percentage of total research dollars received by
10796  The Scripps Research Institute from sources other than this
10797  state which is used to conduct research activities by the
10798  grantee in this state.
10799         (c) The number or value of patents obtained by the grantee.
10800         (d) The number or value of licensing agreements executed by
10801  the grantee.
10802         (e) The extent to which research conducted by the grantee
10803  results in commercial applications.
10804         (f) The number of collaborative agreements reached and
10805  maintained with colleges and universities in this state and with
10806  research institutions in this state, including agreements that
10807  foster participation in research opportunities by public and
10808  private colleges and universities and research institutions in
10809  this state with significant minority populations, including
10810  historically black colleges and universities.
10811         (g) The number of collaborative partnerships established
10812  and maintained with businesses in this state.
10813         (h) The total amount of funding received by the grantee
10814  from sources other than the State of Florida.
10815         (i) The number or value of spin-off businesses created in
10816  this state as a result of commercialization of the research of
10817  the grantee.
10818         (j) The number or value of businesses recruited to this
10819  state by the grantee.
10820         (k) The establishment and implementation of policies to
10821  promote supplier diversity using the guidelines developed by the
10822  Office of Supplier Diversity under s. 287.09451 and to comply
10823  with the ordinances, including any small business ordinances,
10824  enacted by the county and which are applicable to the biomedical
10825  research institution and campus located in this state.
10826         (l) The designation by the grantee of a representative to
10827  coordinate with the Office of Supplier Diversity.
10828         (m) The establishment and implementation of a program to
10829  conduct workforce recruitment activities at public and private
10830  colleges and universities and community colleges in this state
10831  which request the participation of the grantee.
10832  
10833  The contract shall require the grantee to provide information to
10834  the corporation on the progress in meeting these performance
10835  expectations on an annual basis. It is the intent of the
10836  Legislature that, in fulfilling its obligation to work with
10837  Florida’s public and private colleges and universities, Scripps
10838  Florida work with such colleges and universities regardless of
10839  size.
10840         (10) DISBURSEMENT CONDITIONS.—In addition to the provisions
10841  prescribed in subsection (8), the contract between the
10842  corporation and the grantee shall include disbursement
10843  conditions that must be satisfied by the grantee as a condition
10844  for the continued disbursement of funds under this section.
10845  These disbursement conditions shall be negotiated between the
10846  corporation and the grantee and shall not be designed to impede
10847  the ability of the grantee to attain full operational status.
10848  The disbursement conditions may be appropriately varied as to
10849  timeframes, numbers, values, and percentages. The disbursement
10850  conditions shall include, but are not limited to, the following
10851  areas:
10852         (l) Beginning June 2004, the grantee shall commence
10853  collaboration efforts with the department Office of Tourism,
10854  Trade, and Economic Development by complying with reasonable
10855  requests for cooperation in economic development efforts in the
10856  biomed/biotech industry. No later than July 2004, the grantee
10857  shall designate a person who shall be charged with assisting in
10858  these collaborative efforts.
10859         (15) PROGRAM EVALUATION.—
10860         (a) Before January 1, 2007, the Office of Program Policy
10861  Analysis and Government Accountability shall conduct a
10862  performance audit of the Office of Tourism, Trade, and Economic
10863  Development and the corporation relating to the provisions of
10864  this section. The audit shall assess the implementation and
10865  outcomes of activities under this section. At a minimum, the
10866  audit shall address:
10867         1. Performance of the Office of Tourism, Trade, and
10868  Economic Development in disbursing funds appropriated under this
10869  section.
10870         2. Performance of the corporation in managing and enforcing
10871  the contract with the grantee.
10872         3. Compliance by the corporation with the provisions of
10873  this section and the provisions of the contract.
10874         4. Economic activity generated through funds disbursed
10875  under the contract.
10876         (b) Before January 1, 2010, the Office of Program Policy
10877  Analysis and Government Accountability shall update the report
10878  required under this subsection. In addition to addressing the
10879  items prescribed in paragraph (a), the updated report shall
10880  include a recommendation on whether the Legislature should
10881  retain the statutory authority for the corporation.
10882  
10883  A report of each audit’s findings and recommendations shall be
10884  submitted to the Governor, the President of the Senate, and the
10885  Speaker of the House of Representatives. In completing the
10886  performance audits required under this subsection, the Office of
10887  Program Policy Analysis and Government Accountability shall
10888  maximize the use of reports submitted by the grantee to the
10889  Federal Government or to other organizations awarding research
10890  grants to the grantee.
10891         Section 188. Subsection (2) of section 288.9604, Florida
10892  Statutes, is amended to read:
10893         288.9604 Creation of the authority.—
10894         (2) The Governor, subject to confirmation by the Senate,
10895  shall appoint the board of directors of the corporation, who
10896  shall be five in number. The terms of office for the directors
10897  shall be for 4 years from the date of their appointment. A
10898  vacancy occurring during a term shall be filled for the
10899  unexpired term. A director shall be eligible for reappointment.
10900  At least three of the directors of the corporation shall be
10901  bankers who have been selected by the Governor from a list of
10902  bankers who were nominated by Enterprise Florida, Inc., and one
10903  of the directors shall be an economic development specialist.
10904  The chairperson of the Florida Black Business Investment Board
10905  shall be an ex officio member of the board of the corporation.
10906         Section 189. Paragraph (v) of subsection (2) of section
10907  288.9605, Florida Statutes, is amended to read:
10908         288.9605 Corporation powers.—
10909         (2) The corporation is authorized and empowered to:
10910         (v) Enter into investment agreements with Enterprise
10911  Florida, Inc., the Florida Black Business Investment Board
10912  concerning the issuance of bonds and other forms of indebtedness
10913  and capital for the purposes of ss. 288.707-288.714.
10914         Section 190. Subsection (1) of section 288.9606, Florida
10915  Statutes, is amended to read:
10916         288.9606 Issue of revenue bonds.—
10917         (1) When authorized by a public agency pursuant to s.
10918  163.01(7), the corporation has power in its corporate capacity,
10919  in its discretion, to issue revenue bonds or other evidences of
10920  indebtedness which a public agency has the power to issue, from
10921  time to time to finance the undertaking of any purpose of this
10922  act and ss. 288.707-288.714, including, without limiting the
10923  generality thereof, the payment of principal and interest upon
10924  any advances for surveys and plans or preliminary loans, and has
10925  the power to issue refunding bonds for the payment or retirement
10926  of bonds previously issued. Bonds issued pursuant to this
10927  section shall bear the name “Florida Development Finance
10928  Corporation Revenue Bonds.” The security for such bonds may be
10929  based upon such revenues as are legally available. In
10930  anticipation of the sale of such revenue bonds, the corporation
10931  may issue bond anticipation notes and may renew such notes from
10932  time to time, but the maximum maturity of any such note,
10933  including renewals thereof, may not exceed 5 years from the date
10934  of issuance of the original note. Such notes shall be paid from
10935  any revenues of the corporation available therefor and not
10936  otherwise pledged or from the proceeds of sale of the revenue
10937  bonds in anticipation of which they were issued. Any bond, note,
10938  or other form of indebtedness issued pursuant to this act shall
10939  mature no later than the end of the 30th fiscal year after the
10940  fiscal year in which the bond, note, or other form of
10941  indebtedness was issued.
10942         Section 191. Subsection (1) of section 288.9624, Florida
10943  Statutes, are amended to read:
10944         288.9624 Florida Opportunity Fund; creation; duties.—
10945         (1)(a) Enterprise Florida, Inc., shall facilitate the
10946  creation of the Florida Opportunity Fund, a private, not-for
10947  profit corporation organized and operated under chapter 617.
10948  Enterprise Florida, Inc., shall be the fund’s sole shareholder
10949  or member. The fund is not a public corporation or
10950  instrumentality of the state. The fund shall manage its business
10951  affairs and conduct business consistent with its organizational
10952  documents and the purposes set forth in this section.
10953  Notwithstanding the powers granted under chapter 617, the
10954  corporation may not amend, modify, or repeal a bylaw or article
10955  of incorporation without the express written consent of
10956  Enterprise Florida, Inc.
10957         (b) The board of directors of the Florida Opportunity Fund
10958  shall have five members, appointed by vote of the board of
10959  directors of Enterprise Florida, Inc. Board members shall serve
10960  terms as provided in the fund’s organizational documents. Within
10961  90 days before an anticipated vacancy by expiration of the term
10962  of a board member, the board of directors of the fund shall
10963  submit a list of three eligible nominees, which may include the
10964  incumbent, to the board of directors of Enterprise Florida, Inc.
10965  The board of directors of Enterprise Florida, Inc., may appoint
10966  a board member from the nominee list or may request and appoint
10967  from a new list of three nominees not included on the previous
10968  list. The vice chair of Enterprise Florida, Inc., shall select
10969  from among its sitting board of directors a five-person
10970  appointment committee. The appointment committee shall select
10971  five initial members of a board of directors for the fund.
10972         (c) The persons appointed elected to the initial board of
10973  directors by the appointment committee shall include persons who
10974  have expertise in the area of the selection and supervision of
10975  early stage investment managers or in the fiduciary management
10976  of investment funds and other areas of expertise as considered
10977  appropriate by the appointment committee.
10978         (d) After election of the initial board of directors,
10979  vacancies on the board shall be filled by vote of the board of
10980  directors of Enterprise Florida, Inc., and board members shall
10981  serve terms as provided in the fund’s organizational documents.
10982         (d)(e) Members of the board are subject to any restrictions
10983  on conflicts of interest specified in the organizational
10984  documents and may not have an interest in any venture capital
10985  investment selected by the fund under ss. 288.9621-288.9624.
10986         (e)(f) Members of the board shall serve without
10987  compensation, but members, the president of the board, and other
10988  board employees may be reimbursed for all reasonable, necessary,
10989  and actual expenses as determined and approved by the board
10990  pursuant to s. 112.061.
10991         (f)(g) The fund shall have all powers granted under its
10992  organizational documents and shall indemnify members to the
10993  broadest extent permissible under the laws of this state.
10994         Section 192. Subsections (3), (4), (5), and (6) of section
10995  288.9625, Florida Statutes, are amended to read:
10996         288.9625 Institute for the Commercialization of Public
10997  Research.—There is established at a public university or
10998  research center in this state the Institute for the
10999  Commercialization of Public Research.
11000         (3) The articles of incorporation of the institute must be
11001  approved in a written agreement with the department Enterprise
11002  Florida, Inc. The agreement and the articles of incorporation
11003  shall:
11004         (a) Provide that the institute shall provide equal
11005  employment opportunities for all persons regardless of race,
11006  color, religion, gender, national origin, age, handicap, or
11007  marital status;
11008         (b) Provide that the institute is subject to the public
11009  records and meeting requirements of s. 24, Art. I of the State
11010  Constitution;
11011         (c) Provide that all officers, directors, and employees of
11012  the institute shall be governed by the code of ethics for public
11013  officers and employees as set forth in part III of chapter 112;
11014         (d) Provide that members of the board of directors of the
11015  institute are responsible for the prudent use of all public and
11016  private funds and that they will ensure that the use of funds is
11017  in accordance with all applicable laws, bylaws, and contractual
11018  requirements; and
11019         (e) Provide that the fiscal year of the institute is from
11020  July 1 to June 30.
11021         (4) The affairs of the institute shall be managed by a
11022  board of directors who shall serve without compensation. Each
11023  director shall have only one vote. The chair of the board of
11024  directors shall be selected by a majority vote of the directors,
11025  a quorum being present. The board of directors shall consist of
11026  the following five members:
11027         (a) The executive director of the department chair of
11028  Enterprise Florida, Inc., or the director’s chair’s designee.
11029         (b) The president of the university where the institute is
11030  located or the president’s designee unless multiple universities
11031  jointly sponsor the institute, in which case the presidents of
11032  the sponsoring universities shall agree upon a designee.
11033         (c) Three directors appointed by the Governor to 3-year
11034  staggered terms, to which the directors may be reappointed.
11035         (5) The board of directors shall provide a copy of the
11036  institute’s annual report to the Governor, the President of the
11037  Senate, the Speaker of the House of Representatives, Enterprise
11038  Florida, Inc., and the president of the university at which the
11039  institute is located.
11040         (6) The department Enterprise Florida, Inc., the president
11041  and the board of trustees of the university where the institute
11042  is located, the Auditor General, and the Office of Program
11043  Policy Analysis and Government Accountability may require and
11044  receive from the institute or its independent auditor any detail
11045  or supplemental data relative to the operation of the institute.
11046         Section 193. Subsections (3), (8), and (9) of section
11047  288.975, Florida Statutes, are amended to read:
11048         288.975 Military base reuse plans.—
11049         (3) No later than 6 months after the designation of a
11050  military base for closure by the Federal Government, each host
11051  local government shall notify the department secretary of the
11052  Department of Community Affairs and the director of the Office
11053  of Tourism, Trade, and Economic Development in writing, by hand
11054  delivery or return receipt requested, as to whether it intends
11055  to use the optional provisions provided in this act. If a host
11056  local government does not opt to use the provisions of this act,
11057  land use planning and regulation pertaining to base reuse
11058  activities within those host local governments shall be subject
11059  to all applicable statutory requirements, including those
11060  contained within chapters 163 and 380.
11061         (8) At the request of a host local government, the
11062  department Office of Tourism, Trade, and Economic Development
11063  shall coordinate a presubmission workshop concerning a military
11064  base reuse plan within the boundaries of the host jurisdiction.
11065  Agencies that shall participate in the workshop shall include
11066  any affected local governments; the Department of Environmental
11067  Protection; the department Office of Tourism, Trade, and
11068  Economic Development; the Department of Community Affairs; the
11069  Department of Transportation; the Department of Health; the
11070  Department of Children and Family Services; the Department of
11071  Juvenile Justice; the Department of Agriculture and Consumer
11072  Services; the Department of State; the Fish and Wildlife
11073  Conservation Commission; and any applicable water management
11074  districts and regional planning councils. The purposes of the
11075  workshop shall be to assist the host local government to
11076  understand issues of concern to the above listed entities
11077  pertaining to the military base site and to identify
11078  opportunities for better coordination of planning and review
11079  efforts with the information and analyses generated by the
11080  federal environmental impact statement process and the federal
11081  community base reuse planning process.
11082         (9) If a host local government elects to use the optional
11083  provisions of this act, it shall, no later than 12 months after
11084  notifying the agencies of its intent pursuant to subsection (3)
11085  either:
11086         (a) Send a copy of the proposed military base reuse plan
11087  for review to any affected local governments; the Department of
11088  Environmental Protection; the department Office of Tourism,
11089  Trade, and Economic Development; the Department of Community
11090  Affairs; the Department of Transportation; the Department of
11091  Health; the Department of Children and Family Services; the
11092  Department of Juvenile Justice; the Department of Agriculture
11093  and Consumer Services; the Department of State; the Fish and
11094  Wildlife Conservation Commission; and any applicable water
11095  management districts and regional planning councils, or
11096         (b) Petition the department secretary of the Department of
11097  Community Affairs for an extension of the deadline for
11098  submitting a proposed reuse plan. Such an extension request must
11099  be justified by changes or delays in the closure process by the
11100  federal Department of Defense or for reasons otherwise deemed to
11101  promote the orderly and beneficial planning of the subject
11102  military base reuse. The department secretary of the Department
11103  of Community Affairs may grant extensions to the required
11104  submission date of the reuse plan.
11105         Section 194. Paragraph (b) of subsection (1), paragraphs
11106  (a) and (c) of subsection (2) and subsections (3), (4), (5),
11107  (6), (7), and (9) of section 288.980, Florida Statutes, are
11108  amended to read:
11109         288.980 Military base retention; legislative intent; grants
11110  program.—
11111         (1)
11112         (b) The Florida Defense Alliance, an organization within
11113  Enterprise Florida, is designated as the organization to ensure
11114  that Florida, its resident military bases and missions, and its
11115  military host communities are in competitive positions as the
11116  United States continues its defense realignment and downsizing.
11117  The defense alliance shall serve as an overall advisory body for
11118  Enterprise Florida defense-related activity of Enterprise
11119  Florida, Inc. The Florida Defense Alliance may receive funding
11120  from appropriations made for that purpose administered by the
11121  department Office of Tourism, Trade, and Economic Development.
11122         (2)(a) The department Office of Tourism, Trade, and
11123  Economic Development is authorized to award grants from any
11124  funds available to it to support activities related to the
11125  retention of military installations potentially affected by
11126  federal base closure or realignment.
11127         (c) Except for grants issued pursuant to the Florida
11128  Military Installation Reuse Planning and Marketing Grant Program
11129  as described in paragraph (3)(c), the amount of any grant
11130  provided to an applicant may not exceed $250,000. The department
11131  Office of Tourism, Trade, and Economic Development shall require
11132  that an applicant:
11133         1. Represent a local government with a military
11134  installation or military installations that could be adversely
11135  affected by federal base realignment or closure.
11136         2. Agree to match at least 30 percent of any grant awarded.
11137         3. Prepare a coordinated program or plan of action
11138  delineating how the eligible project will be administered and
11139  accomplished.
11140         4. Provide documentation describing the potential for
11141  realignment or closure of a military installation located in the
11142  applicant’s community and the adverse impacts such realignment
11143  or closure will have on the applicant’s community.
11144         (3) The Florida Economic Reinvestment Initiative is
11145  established to respond to the need for this state and defense
11146  dependent communities in this state to develop alternative
11147  economic diversification strategies to lessen reliance on
11148  national defense dollars in the wake of base closures and
11149  reduced federal defense expenditures and the need to formulate
11150  specific base reuse plans and identify any specific
11151  infrastructure needed to facilitate reuse. The initiative shall
11152  consist of the following two three distinct grant programs to be
11153  administered by the department Office of Tourism, Trade, and
11154  Economic Development:
11155         (a) The Florida Defense Planning Grant Program, through
11156  which funds shall be used to analyze the extent to which the
11157  state is dependent on defense dollars and defense infrastructure
11158  and prepare alternative economic development strategies. The
11159  state shall work in conjunction with defense-dependent
11160  communities in developing strategies and approaches that will
11161  help communities make the transition from a defense economy to a
11162  nondefense economy. Grant awards may not exceed $250,000 per
11163  applicant and shall be available on a competitive basis.
11164         (b) The Florida Defense Implementation Grant Program,
11165  through which funds shall be made available to defense-dependent
11166  communities to implement the diversification strategies
11167  developed pursuant to paragraph (a). Eligible applicants include
11168  defense-dependent counties and cities, and local economic
11169  development councils located within such communities. Grant
11170  awards may not exceed $100,000 per applicant and shall be
11171  available on a competitive basis. Awards shall be matched on a
11172  one-to-one basis.
11173  
11174  Applications for grants under this subsection must include a
11175  coordinated program of work or plan of action delineating how
11176  the eligible project will be administered and accomplished,
11177  which must include a plan for ensuring close cooperation between
11178  civilian and military authorities in the conduct of the funded
11179  activities and a plan for public involvement.
11180         (4) The Defense Infrastructure Grant Program is created.
11181  The department director of the Office of Tourism, Trade, and
11182  Economic Development shall coordinate and implement this
11183  program, the purpose of which is to support local infrastructure
11184  projects deemed to have a positive impact on the military value
11185  of installations within the state. Funds are to be used for
11186  projects that benefit both the local community and the military
11187  installation. It is not the intent, however, to fund on-base
11188  military construction projects. Infrastructure projects to be
11189  funded under this program include, but are not limited to, those
11190  related to encroachment, transportation and access, utilities,
11191  communications, housing, environment, and security. Grant
11192  requests will be accepted only from economic development
11193  applicants serving in the official capacity of a governing board
11194  of a county, municipality, special district, or state agency
11195  that will have the authority to maintain the project upon
11196  completion. An applicant must represent a community or county in
11197  which a military installation is located. There is no limit as
11198  to the amount of any grant awarded to an applicant. A match by
11199  the county or local community may be required. The department
11200  Office of Tourism, Trade, and Economic Development shall
11201  establish guidelines to implement the purpose of this
11202  subsection.
11203         (5)(a) The Defense-Related Business Adjustment Program is
11204  hereby created. The department Director of the Office of
11205  Tourism, Trade, and Economic Development shall coordinate the
11206  development of the Defense-Related Business Adjustment Program.
11207  Funds shall be available to assist defense-related companies in
11208  the creation of increased commercial technology development
11209  through investments in technology. Such technology must have a
11210  direct impact on critical state needs for the purpose of
11211  generating investment-grade technologies and encouraging the
11212  partnership of the private sector and government defense-related
11213  business adjustment. The following areas shall receive
11214  precedence in consideration for funding commercial technology
11215  development: law enforcement or corrections, environmental
11216  protection, transportation, education, and health care. Travel
11217  and costs incidental thereto, and staff salaries, are not
11218  considered an “activity” for which grant funds may be awarded.
11219         (b) The department Office shall require that an applicant:
11220         1. Be a defense-related business that could be adversely
11221  affected by federal base realignment or closure or reduced
11222  defense expenditures.
11223         2. Agree to match at least 50 percent of any funds awarded
11224  by the United States Department of Defense in cash or in-kind
11225  services. Such match shall be directly related to activities for
11226  which the funds are being sought.
11227         3. Prepare a coordinated program or plan delineating how
11228  the funds will be administered.
11229         4. Provide documentation describing how defense-related
11230  realignment or closure will adversely impact defense-related
11231  companies.
11232         (6) The Retention of Military Installations Program is
11233  created. The department Director of the Office of Tourism,
11234  Trade, and Economic Development shall coordinate and implement
11235  this program. The sum of $1.2 million is appropriated from the
11236  General Revenue Fund for fiscal year 1999-2000 to the Office of
11237  Tourism, Trade, and Economic Development to implement this
11238  program for military installations located in counties with a
11239  population greater than 824,000. The funds shall be used to
11240  assist military installations potentially affected by federal
11241  base closure or realignment in covering current operating costs
11242  in an effort to retain the installation in this state. An
11243  eligible military installation for this program shall include a
11244  provider of simulation solutions for war-fighting
11245  experimentation, testing, and training which employs at least
11246  500 civilian and military employees and has been operating in
11247  the state for a period of more than 10 years.
11248         (7) The department director may award nonfederal matching
11249  funds specifically appropriated for construction, maintenance,
11250  and analysis of a Florida defense workforce database. Such funds
11251  will be used to create a registry of worker skills that can be
11252  used to match the worker needs of companies that are relocating
11253  to this state or to assist workers in relocating to other areas
11254  within this state where similar or related employment is
11255  available.
11256         (9) The department Office of Tourism, Trade, and Economic
11257  Development shall establish guidelines to implement and carry
11258  out the purpose and intent of this section.
11259         Section 195. Paragraphs (a), (e), and (f) of subsection (2)
11260  of section 288.984, Florida Statutes, are amended to read:
11261         288.984 Florida Council on Military Base and Mission
11262  Support.—The Florida Council on Military Base and Mission
11263  Support is established. The council shall provide oversight and
11264  direction for initiatives, claims, and actions taken on behalf
11265  of the state, its agencies, and political subdivisions under
11266  this part.
11267         (2) MEMBERSHIP.—
11268         (a) The council shall be composed of nine members. The
11269  President of the Senate, the Speaker of the House of
11270  Representatives, and the Governor shall each appoint three
11271  members as follows:
11272         1. The President of the Senate shall appoint one member of
11273  the Senate, one community representative from a community-based
11274  defense support organization, and one member who is a retired
11275  military general or flag-rank officer residing in this state or
11276  an executive officer of a defense contracting firm doing
11277  significant business in this state.
11278         2. The Speaker of the House of Representatives shall
11279  appoint one member of the House of Representatives, one
11280  community representative from a community-based defense support
11281  organization, and one member who is a retired military general
11282  or flag-rank officer residing in this state or an executive
11283  officer of a defense contracting firm doing significant business
11284  in this state.
11285         3. The Governor shall appoint the executive director of the
11286  department or the director’s designee, a board member of
11287  Enterprise Florida, Inc., director or designee of the Office of
11288  Tourism, Trade, and Economic Development, the vice chairperson
11289  or designee of Enterprise Florida, Inc., and one at-large
11290  member.
11291         (e) The department Office of Tourism, Trade, and Economic
11292  Development shall provide administrative support to the council.
11293         (f) The Secretary of Community Affairs or his or her
11294  designee, the Secretary of Environmental Protection or his or
11295  her designee, the Secretary of Transportation or his or her
11296  designee, the Adjutant General of the state or his or her
11297  designee, and the executive director of the Department of
11298  Veterans’ Affairs or his or her designee shall attend meetings
11299  held by the council and provide assistance, information, and
11300  support as requested by the council.
11301         Section 196. Subsections (2) and (5) and paragraph (b) of
11302  subsection (9) of section 288.9913, Florida Statutes, are
11303  amended, and present subsections (3) through (10) of that
11304  section are renumbered as subsections (2) through (8),
11305  respectively, to read:
11306         288.9913 Definitions.—As used in ss. 288.991-288.9922, the
11307  term:
11308         (2) “Department” means the Department of Revenue.
11309         (5) “Officemeans the Office of Tourism, Trade, and
11310  Economic Development.
11311         (7)(9) “Qualified investment” means an equity investment
11312  in, or a long-term debt security issued by, a qualified
11313  community development entity that:
11314         (b) Is designated by the qualified community development
11315  entity as a qualified investment under this paragraph and is
11316  approved by the department office as a qualified investment.
11317         Section 197. Subsections (1), (2), and (3), paragraphs (a)
11318  and (b) of subsection (4), and subsection (6) of section
11319  288.9914, Florida Statutes, are amended to read:
11320         288.9914 Certification of qualified investments; investment
11321  issuance reporting.—
11322         (1) ELIGIBLE INDUSTRIES.—
11323         (a) The department office, in consultation with Enterprise
11324  Florida, Inc., shall designate industries using the North
11325  American Industry Classification System which are eligible to
11326  receive low-income community investments. The designated
11327  industries must be those industries that have the greatest
11328  potential to create strong positive impacts on or benefits to
11329  the state, regional, and local economies.
11330         (b) A qualified community development entity may not make a
11331  qualified low-income community investment in a business unless
11332  the principal activities of the business are within an eligible
11333  industry. The department office may waive this limitation if the
11334  department office determines that the investment will have a
11335  positive impact on a community.
11336         (2) APPLICATION.—A qualified community development entity
11337  must submit an application to the department Office to approve a
11338  proposed investment as a qualified investment. The application
11339  must include:
11340         (a) The name, address, and tax identification number of the
11341  qualified community development entity.
11342         (b) Proof of certification as a qualified community
11343  development entity under 26 U.S.C. s. 45D.
11344         (c) A copy of an allocation agreement executed by the
11345  entity, or its controlling entity, and the Community Development
11346  Financial Institutions Fund, which authorizes the entity to
11347  serve businesses in this state.
11348         (d) A verified statement by the chief executive officer of
11349  the entity that the allocation agreement remains in effect.
11350         (e) A description of the proposed amount, structure, and
11351  purchaser of an equity investment or long-term debt security.
11352         (f) The name and tax identification number of any person
11353  authorized to claim a tax credit earned as a result of the
11354  purchase of the proposed qualified investment.
11355         (g) A detailed explanation of the proposed use of the
11356  proceeds from a proposed qualified investment.
11357         (h) A nonrefundable application fee of $1,000, payable to
11358  the department office.
11359         (i) A statement that the entity will invest only in the
11360  industries designated by the department office.
11361         (j) The entity’s plans for the development of relationships
11362  with community-based organizations, local community development
11363  offices and organizations, and economic development
11364  organizations. The entity must also explain steps it has taken
11365  to implement its plans to develop these relationships.
11366         (k) A statement that the entity will not invest in a
11367  qualified active low-income community business unless the
11368  business will create or retain jobs that pay an average wage of
11369  at least 115 percent of the federal poverty income guidelines
11370  for a family of four.
11371         (3) REVIEW.—
11372         (a) The department office shall review applications to
11373  approve an investment as a qualified investment in the order
11374  received. The department office shall approve or deny an
11375  application within 30 days after receipt.
11376         (b) If the department office intends to deny the
11377  application, the department office shall inform the applicant of
11378  the basis of the proposed denial. The applicant shall have 15
11379  days after it receives the notice of the intent to deny the
11380  application to submit a revised application to the department
11381  office. The department office shall issue a final order
11382  approving or denying the revised application within 30 days
11383  after receipt.
11384         (c) The department office may not approve a cumulative
11385  amount of qualified investments that may result in the claim of
11386  more than $97.5 million in tax credits during the existence of
11387  the program or more than $20 million in tax credits in a single
11388  state fiscal year. However, the potential for a taxpayer to
11389  carry forward an unused tax credit may not be considered in
11390  calculating the annual limit.
11391         (4) APPROVAL.—
11392         (a) The department office shall provide a copy of the final
11393  order approving an investment as a qualified investment to the
11394  qualified community development entity and to the Department of
11395  Revenue. The notice shall include the identity of the taxpayers
11396  who are eligible to claim the tax credits and the amount that
11397  may be claimed by each taxpayer.
11398         (b) The department office shall approve an application for
11399  part of the amount of the proposed investment if the amount of
11400  tax credits available is insufficient.
11401         (6) REPORT OF ISSUANCE OF A QUALIFIED INVESTMENT.—The
11402  qualified community development entity must provide the
11403  department office with evidence of the receipt of the cash in
11404  exchange for the qualified investment within 30 business days
11405  after receipt.
11406         Section 198. Subsection (2) of section 288.9916, Florida
11407  Statutes, is amended to read:
11408         288.9916 New markets tax credit.—
11409         (2) A tax credit earned under this section may not be sold
11410  or transferred, except as provided in this subsection.
11411         (a) A partner, member, or shareholder of a partnership,
11412  limited liability company, S-corporation, or other “pass
11413  through” entity may claim the tax credit pursuant to an
11414  agreement among the partners, members, or shareholders. Any
11415  change in the allocation of a tax credit under the agreement
11416  must be reported to the department office and to the Department
11417  of Revenue.
11418         (b) Eligibility to claim a tax credit transfers to
11419  subsequent purchasers of a qualified investment. Such transfers
11420  must be reported to the department office and to the Department
11421  of Revenue along with the identity, tax identification number,
11422  and tax credit amount allocated to a taxpayer pursuant to
11423  paragraph (a). The notice of transfer also must state whether
11424  unused tax credits are being transferred and the amount of
11425  unused tax credits being transferred.
11426         Section 199. Section 288.9917, Florida Statutes, is amended
11427  to read:
11428         288.9917 Community development entity reporting after a
11429  credit allowance date; certification of tax credit amount.—
11430         (1) A qualified community development entity that has
11431  issued a qualified investment shall submit the following to the
11432  department office within 30 days after each credit allowance
11433  date:
11434         (a) A list of all qualified active low-income community
11435  businesses in which a qualified low-income community investment
11436  was made since the last credit allowance date. The list shall
11437  also describe the type and amount of investment in each business
11438  and the address of the principal location of each business. The
11439  list must be verified by the chief executive officer of the
11440  community development entity.
11441         (b) Bank records, wire transfer records, or similar
11442  documents that provide evidence of the qualified low-income
11443  community investments made since the last credit allowance date.
11444         (c) A verified statement by the chief financial or
11445  accounting officer of the community development entity that no
11446  redemption or principal repayment was made with respect to the
11447  qualified investment since the previous credit allowance date.
11448         (d) Information relating to the recapture of the federal
11449  new markets tax credit since the last credit allowance date.
11450         (2) The department office shall certify in writing to the
11451  qualified community development entity and to the Department of
11452  Revenue the amount of the tax credit authorized for each
11453  taxpayer eligible to claim the tax credit in the tax year
11454  containing the last credit allowance date.
11455         Section 200. Section 288.9918, Florida Statutes, is amended
11456  to read:
11457         288.9918 Annual reporting by a community development
11458  entity.—A community development entity that has issued a
11459  qualified investment shall submit an annual report to the
11460  department office by April 30 after the end of each year which
11461  includes a credit allowance date. The report shall include:
11462         (1) The entity’s annual financial statements for the
11463  preceding tax year, audited by an independent certified public
11464  accountant.
11465         (2) The identity of the types of industries, identified by
11466  the North American Industry Classification System Code, in which
11467  qualified low-income community investments were made.
11468         (3) The names of the counties in which the qualified active
11469  low-income businesses are located which received qualified low
11470  income community investments.
11471         (4) The number of jobs created and retained by qualified
11472  active low-income community businesses receiving qualified low
11473  income community investments, including verification that the
11474  average wages paid meet or exceed 115 percent of the federal
11475  poverty income guidelines for a family of four.
11476         (5) A description of the relationships that the entity has
11477  established with community-based organizations and local
11478  community development offices and organizations and a summary of
11479  the outcomes resulting from those relationships.
11480         (6) Other information and documentation required by the
11481  department office to verify continued certification as a
11482  qualified community development entity under 26 U.S.C. s. 45D.
11483         Section 201. Section 288.9919, Florida Statutes, is amended
11484  to read:
11485         288.9919 Audits and examinations; penalties.—
11486         (1) AUDITS.—A community development entity that issues an
11487  investment approved by the department office as a qualified
11488  investment shall be deemed a recipient of state financial
11489  assistance under s. 215.97, the Florida Single Audit Act.
11490  However, an entity that makes a qualified investment or receives
11491  a qualified low-income community investment is not a
11492  subrecipient for the purposes of s. 215.97.
11493         (2) EXAMINATIONS.—The department office may conduct
11494  examinations to verify compliance with the New Markets
11495  Development Program Act.
11496         Section 202. Section 288.9920, Florida Statutes, is amended
11497  to read:
11498         288.9920 Recapture and penalties.—
11499         (1) Notwithstanding s. 95.091, the department office shall
11500  direct the Department of Revenue, at any time before December
11501  31, 2022, to recapture all or a portion of a tax credit
11502  authorized pursuant to the New Markets Development Program Act
11503  if one or more of the following occur:
11504         (a) The Federal Government recaptures any portion of the
11505  federal new markets tax credit. The recapture by the Department
11506  of Revenue shall equal the recapture by the Federal Government.
11507         (b) The qualified community development entity redeems or
11508  makes a principal repayment on a qualified investment before the
11509  final allowance date. The recapture by the Department of Revenue
11510  shall equal the redemption or principal repayment divided by the
11511  purchase price and multiplied by the tax credit authorized to a
11512  taxpayer for the qualified investment.
11513         (c)1. The qualified community development entity fails to
11514  invest at least 85 percent of the purchase price in qualified
11515  low-income community investments within 12 months after the
11516  issuance of a qualified investment; or
11517         2. The qualified community development entity fails to
11518  maintain 85 percent of the purchase price in qualified low
11519  income community investments until the last credit allowance
11520  date for a qualified investment.
11521  
11522  For the purposes of this paragraph, an investment by a qualified
11523  community development entity includes principal recovered from
11524  an investment for 12 months after its recovery or principal
11525  recovered after the sixth credit allowance date. Principal held
11526  for longer than 12 months or recovered before the sixth credit
11527  allowance date is not an investment unless it is reinvested in a
11528  qualified low-income community investment.
11529         (d) The qualified community development entity fails to
11530  provide the department office with information, reports, or
11531  documentation required by the New Markets Development Program
11532  Act.
11533         (e) The department office determines that a taxpayer
11534  received tax credits to which the taxpayer was not entitled.
11535         (2) The department office shall provide notice to the
11536  qualified community development entity and the Department of
11537  Revenue of a proposed recapture of a tax credit. The entity
11538  shall have 6 months following the receipt of the notice to cure
11539  a deficiency identified in the notice and avoid recapture. The
11540  department office shall issue a final order of recapture if the
11541  entity fails to cure a deficiency within the 6-month period. The
11542  final order of recapture shall be provided to the entity, the
11543  Department of Revenue, and a taxpayer otherwise authorized to
11544  claim the tax credit. Only one correction is permitted for each
11545  qualified equity investment during the 7-year credit period.
11546  Recaptured funds shall be deposited into the General Revenue
11547  Fund.
11548         (3) An entity that submits fraudulent information to the
11549  department office is liable for the costs associated with the
11550  investigation and prosecution of the fraudulent claim plus a
11551  penalty in an amount equal to double the tax credits claimed by
11552  investors in the entity’s qualified investments. This penalty is
11553  in addition to any other penalty that may be imposed by law.
11554         Section 203. Section 288.9921, Florida Statutes, is amended
11555  to read:
11556         288.9921 Rulemaking.—The Department of Economic Opportunity
11557  Office and the Department of Revenue may adopt rules pursuant to
11558  ss. 120.536(1) and 120.54 to administer ss. 288.991-288.9920.
11559         Section 204. Section 290.004, Florida Statutes, is amended
11560  to read:
11561         290.004 Definitions relating to Florida Enterprise Zone
11562  Act.—As used in ss. 290.001-290.016:
11563         (1) “Community investment corporation” means a black
11564  business investment corporation, a certified development
11565  corporation, a small business investment corporation, or other
11566  similar entity incorporated under Florida law that has limited
11567  its investment policy to making investments solely in minority
11568  business enterprises.
11569         (2)“Department” means the Department of Economic
11570  Opportunity.
11571         (2)“Director” means the director of the Office of Tourism,
11572  Trade, and Economic Development.
11573         (3) “Governing body” means the council or other legislative
11574  body charged with governing the county or municipality.
11575         (4) “Minority business enterprise” has the same meaning as
11576  provided in s. 288.703.
11577         (5)“Office” means the Office of Tourism, Trade, and
11578  Economic Development.
11579         (5)(6) “Rural enterprise zone” means an enterprise zone
11580  that is nominated by a county having a population of 75,000 or
11581  fewer, or a county having a population of 100,000 or fewer which
11582  is contiguous to a county having a population of 75,000 or
11583  fewer, or by a municipality in such a county, or by such a
11584  county and one or more municipalities. An enterprise zone
11585  designated in accordance with s. 290.0065(5)(b) or s. 379.2353
11586  is considered to be a rural enterprise zone.
11587         (6)(7) “Small business” has the same meaning as provided in
11588  s. 288.703.
11589         Section 205. Subsection (1) and paragraphs (a) and (b) of
11590  subsection (6) of section 290.0055, Florida Statutes, are
11591  amended to read:
11592         290.0055 Local nominating procedure.—
11593         (1) If, pursuant to s. 290.0065, an opportunity exists for
11594  designation of a new enterprise zone, any county or
11595  municipality, or a county and one or more municipalities
11596  together, may apply to the department office for the designation
11597  of an area as an enterprise zone after completion of the
11598  following:
11599         (a) The adoption by the governing body or bodies of a
11600  resolution which:
11601         1. Finds that an area exists in such county or
11602  municipality, or in both the county and one or more
11603  municipalities, which chronically exhibits extreme and
11604  unacceptable levels of poverty, unemployment, physical
11605  deterioration, and economic disinvestment;
11606         2. Determines that the rehabilitation, conservation, or
11607  redevelopment, or a combination thereof, of such area is
11608  necessary in the interest of the public health, safety, and
11609  welfare of the residents of such county or municipality, or such
11610  county and one or more municipalities; and
11611         3. Determines that the revitalization of such area can
11612  occur only if the private sector can be induced to invest its
11613  own resources in productive enterprises that build or rebuild
11614  the economic viability of the area.
11615         (b) The creation of an enterprise zone development agency
11616  pursuant to s. 290.0056.
11617         (c) The creation and adoption of a strategic plan pursuant
11618  to s. 290.0057.
11619         (6)(a) The department office may approve a change in the
11620  boundary of any enterprise zone which was designated pursuant to
11621  s. 290.0065. A boundary change must continue to satisfy the
11622  requirements of subsections (3), (4), and (5).
11623         (b) Upon a recommendation by the enterprise zone
11624  development agency, the governing body of the jurisdiction which
11625  authorized the application for an enterprise zone may apply to
11626  the department Office for a change in boundary once every 3
11627  years by adopting a resolution that:
11628         1. States with particularity the reasons for the change;
11629  and
11630         2. Describes specifically and, to the extent required by
11631  the department office, the boundary change to be made.
11632         Section 206. Paragraph (h) of subsection (8) and
11633  subsections (11) and (12) of section 290.0056, Florida Statutes,
11634  are amended to read:
11635         290.0056 Enterprise zone development agency.—
11636         (8) The enterprise zone development agency shall have the
11637  following powers and responsibilities:
11638         (h) To work with the department and Enterprise Florida,
11639  Inc., and the office to ensure that the enterprise zone
11640  coordinator receives training on an annual basis.
11641         (11) Before Prior to December 1 of each year, the agency
11642  shall submit to the department Office of Tourism, Trade, and
11643  Economic Development a complete and detailed written report
11644  setting forth:
11645         (a) Its operations and accomplishments during the fiscal
11646  year.
11647         (b) The accomplishments and progress concerning the
11648  implementation of the strategic plan or measurable goals, and
11649  any updates to the strategic plan or measurable goals.
11650         (c) The number and type of businesses assisted by the
11651  agency during the fiscal year.
11652         (d) The number of jobs created within the enterprise zone
11653  during the fiscal year.
11654         (e) The usage and revenue impact of state and local
11655  incentives granted during the calendar year.
11656         (f) Any other information required by the department
11657  office.
11658         (12) In the event that the nominated area selected by the
11659  governing body is not designated a state enterprise zone, the
11660  governing body may dissolve the agency after receiving
11661  notification from the department office that the area was not
11662  designated as an enterprise zone.
11663         Section 207. Subsections (1) and (5) of section 290.0058,
11664  Florida Statutes, are amended to read:
11665         290.0058 Determination of pervasive poverty, unemployment,
11666  and general distress.—
11667         (1) In determining whether an area suffers from pervasive
11668  poverty, unemployment, and general distress, for purposes of ss.
11669  290.0055 and 290.0065, the governing body and the department
11670  office shall use data from the most current decennial census,
11671  and from information published by the Bureau of the Census and
11672  the Bureau of Labor Statistics. The data shall be comparable in
11673  point or period of time and methodology employed.
11674         (5) In making the calculations required by this section,
11675  the local government and the department office shall round all
11676  fractional percentages of one-half percent or more up to the
11677  next highest whole percentage figure.
11678         Section 208. Subsections (2), (4), and (5), paragraph (a)
11679  of subsection (6), and subsection (7) of section 290.0065,
11680  Florida Statutes, are amended to read:
11681         290.0065 State designation of enterprise zones.—
11682         (2) If, pursuant to subsection (4), the department office
11683  does not redesignate an enterprise zone, a governing body of a
11684  county or municipality or the governing bodies of a county and
11685  one or more municipalities jointly, pursuant to s. 290.0055, may
11686  apply for designation of an enterprise zone to take the place of
11687  the enterprise zone not redesignated and request designation of
11688  an enterprise zone. The department Office, in consultation with
11689  Enterprise Florida, Inc., shall determine which areas nominated
11690  by such governing bodies meet the criteria outlined in s.
11691  290.0055 and are the most appropriate for designation as state
11692  enterprise zones. Each application made pursuant to s. 290.0055
11693  shall be ranked competitively based on the pervasive poverty,
11694  unemployment, and general distress of the area; the strategic
11695  plan, including local fiscal and regulatory incentives, prepared
11696  pursuant to s. 290.0057; and the prospects for new investment
11697  and economic development in the area. Pervasive poverty,
11698  unemployment, and general distress shall be weighted 35 percent;
11699  strategic plan and local fiscal and regulatory incentives shall
11700  be weighted 40 percent; and prospects for new investment and
11701  economic development in the area shall be weighted 25 percent.
11702         (4)(a) Notwithstanding s. 290.0055, the department office
11703  may redesignate any state enterprise zone having an effective
11704  date on or before January 1, 2005, as a state enterprise zone
11705  upon completion and submittal to the office by the governing
11706  body for an enterprise zone of the following:
11707         1. An updated zone profile for the enterprise zone based on
11708  the most recent census data that complies with s. 290.0055,
11709  except that pervasive poverty criteria may be set aside for
11710  rural enterprise zones.
11711         2. A resolution passed by the governing body for that
11712  enterprise zone requesting redesignation and explaining the
11713  reasons the conditions of the zone merit redesignation.
11714         3. Measurable goals for the enterprise zone developed by
11715  the enterprise zone development agency, which may be the goals
11716  established in the enterprise zone’s strategic plan.
11717  
11718  The governing body may also submit a request for a boundary
11719  change in an enterprise zone in the same application to the
11720  department office as long as the new area complies with the
11721  requirements of s. 290.0055, except that pervasive poverty
11722  criteria may be set aside for rural enterprise zones.
11723         (b) In consultation with Enterprise Florida, Inc., the
11724  department office shall, based on the enterprise zone profile
11725  and the grounds for redesignation expressed in the resolution,
11726  determine whether the enterprise zone merits redesignation. The
11727  department office may also examine and consider the following:
11728         1. Progress made, if any, in the enterprise zone’s
11729  strategic plan.
11730         2. Use of enterprise zone incentives during the life of the
11731  enterprise zone.
11732  
11733  If the department office determines that the enterprise zone
11734  merits redesignation, the department office shall notify the
11735  governing body in writing of its approval of redesignation.
11736         (c) If the enterprise zone is redesignated, the department
11737  office shall determine if the measurable goals submitted are
11738  reasonable. If the department office determines that the goals
11739  are reasonable, it the office shall notify the governing body in
11740  writing that the goals have been approved.
11741         (d) If the department office denies redesignation of an
11742  enterprise zone, it the Office shall notify the governing body
11743  in writing of the denial. Any county or municipality having
11744  jurisdiction over an area denied redesignation as a state
11745  enterprise zone pursuant to this subsection may not apply for
11746  designation of that area for 1 year following the date of
11747  denial.
11748         (5) Notwithstanding s. 290.0055, an area designated as a
11749  federal empowerment zone or enterprise community pursuant to
11750  Title XIII of the Omnibus Budget Reconciliation Act of 1993, the
11751  Taxpayer Relief Act of 1997, or the 1999 Agricultural
11752  Appropriations Act shall be designated a state enterprise zone
11753  as follows:
11754         (a) An area designated as an urban empowerment zone or
11755  urban enterprise community pursuant to Title XIII of the Omnibus
11756  Budget Reconciliation Act of 1993, the Taxpayer Relief Act of
11757  1997, or the 2000 Community Renewal Tax Relief Act shall be
11758  redesignated a state enterprise zone by the department office
11759  upon completion of the requirements set out in paragraph (d),
11760  except in the case of a county as defined in s. 125.011(1)
11761  which, notwithstanding s. 290.0055, may incorporate and include
11762  such designated urban empowerment zone or urban enterprise
11763  community areas within the boundaries of its state enterprise
11764  zones without any limitation as to size.
11765         (b) An area designated as a rural empowerment zone or rural
11766  enterprise community pursuant to Title XIII of the Omnibus
11767  Budget Reconciliation Act of 1993 or the 1999 Agricultural
11768  Appropriations Act shall be redesignated a state rural
11769  enterprise zone by the department office upon completion of the
11770  requirements set out in paragraph (d) and may incorporate and
11771  include such designated rural empowerment zone or rural
11772  enterprise community within the boundaries of its state
11773  enterprise zones without any limitation as to size.
11774         (c) Any county or municipality having jurisdiction over an
11775  area redesignated as a state enterprise zone pursuant to this
11776  subsection, other than a county defined in s. 125.011(1), may
11777  not apply for designation of another area.
11778         (d) Before Prior to redesignating such areas as state
11779  enterprise zones, the department office shall ensure that the
11780  governing body having jurisdiction over the zone submits the
11781  information required under paragraph (4)(a) for redesignation to
11782  the department office.
11783         (6)(a) The department office, in consultation with
11784  Enterprise Florida, Inc., may develop guidelines necessary for
11785  the approval of areas under this section by the executive
11786  director.
11787         (7) Upon approval by the department director of a
11788  resolution authorizing an area to be an enterprise zone pursuant
11789  to this section, the department office shall assign a unique
11790  identifying number to that resolution. The department office
11791  shall provide the Department of Revenue and Enterprise Florida,
11792  Inc., with a copy of each resolution approved, together with its
11793  identifying number.
11794         Section 209. Subsection (1) of section 290.0066, Florida
11795  Statutes, is amended to read:
11796         290.0066 Revocation of enterprise zone designation.—
11797         (1) The department director may revoke the designation of
11798  an enterprise zone if the department director determines that
11799  the governing body or bodies:
11800         (a) Have failed to make progress in achieving the
11801  benchmarks set forth in the strategic plan or measurable goals;
11802  or
11803         (b) Have not complied substantially with the strategic plan
11804  or measurable goals.
11805         Section 210. Section 290.00710, Florida Statutes, is
11806  amended to read:
11807         290.00710 Enterprise zone designation for the City of
11808  Lakeland.—The City of Lakeland may apply to the department
11809  Office of Tourism, Trade, and Economic Development for
11810  designation of one enterprise zone for an area within the City
11811  of Lakeland, which zone shall encompass an area up to 10 square
11812  miles. The application must be submitted by December 31, 2005,
11813  and must comply with the requirements of s. 290.0055.
11814  Notwithstanding s. 290.0065, limiting the total number of
11815  enterprise zones designated and the number of enterprise zones
11816  within a population category, the department Office of Tourism,
11817  Trade, and Economic Development may designate one enterprise
11818  zone under this section. The department Office of Tourism,
11819  Trade, and Economic Development shall establish the initial
11820  effective date of the enterprise zone designated pursuant to
11821  this section.
11822         Section 211. Section 290.0072, Florida Statutes, is amended
11823  to read:
11824         290.0072 Enterprise zone designation for the City of Winter
11825  Haven.—The City of Winter Haven may apply to the department
11826  Office of Tourism, Trade, and Economic Development for
11827  designation of one enterprise zone for an area within the City
11828  of Winter Haven, which zone shall encompass an area up to 5
11829  square miles. Notwithstanding s. 290.0065 limiting the total
11830  number of enterprise zones designated and the number of
11831  enterprise zones within a population category, the department
11832  office of Tourism, Trade, and Economic Development may designate
11833  one enterprise zone under this section. The department Office of
11834  Tourism, Trade, and Economic Development shall establish the
11835  initial effective date of the enterprise zone designated
11836  pursuant to this section.
11837         Section 212. Section 290.00725, Florida Statutes, is
11838  amended to read:
11839         290.00725 Enterprise zone designation for the City of
11840  Ocala.—The City of Ocala may apply to the department Office of
11841  Tourism, Trade, and Economic Development for designation of one
11842  enterprise zone for an area within the western portion of the
11843  city, which zone shall encompass an area up to 5 square miles.
11844  The application must be submitted by December 31, 2009, and must
11845  comply with the requirements of s. 290.0055. Notwithstanding s.
11846  290.0065 limiting the total number of enterprise zones
11847  designated and the number of enterprise zones within a
11848  population category, the department Office of Tourism, Trade,
11849  and Economic Development may designate one enterprise zone under
11850  this section. The department Office of Tourism, Trade, and
11851  Economic Development shall establish the initial effective date
11852  of the enterprise zone designated under this section.
11853         Section 213. Section 290.0073, Florida Statutes, is amended
11854  to read:
11855         290.0073 Enterprise zone designation for Indian River
11856  County, the City of Vero Beach, and the City of Sebastian.
11857  Indian River County, the City of Vero Beach, and the City of
11858  Sebastian may jointly apply to the department Office of Tourism,
11859  Trade, and Economic Development for designation of one
11860  enterprise zone encompassing an area not to exceed 10 square
11861  miles. The application must be submitted by December 31, 2005,
11862  and must comply with the requirements of s. 290.0055.
11863  Notwithstanding the provisions of s. 290.0065 limiting the total
11864  number of enterprise zones designated and the number of
11865  enterprise zones within a population category, the department
11866  Office of Tourism, Trade, and Economic Development may designate
11867  one enterprise zone under this section. The department Office of
11868  Tourism, Trade, and Economic Development shall establish the
11869  initial effective date of the enterprise zone designated
11870  pursuant to this section.
11871         Section 214. Section 290.0074, Florida Statutes, is amended
11872  to read:
11873         290.0074 Enterprise zone designation for Sumter County.
11874  Sumter County may apply to the department Office of Tourism,
11875  Trade, and Economic Development for designation of one
11876  enterprise zone encompassing an area not to exceed 10 square
11877  miles. The application must be submitted by December 31, 2005.
11878  Notwithstanding the provisions of s. 290.0065 limiting the total
11879  number of enterprise zones designated and the number of
11880  enterprise zones within a population category, the department
11881  Office of Tourism, Trade, and Economic Development may designate
11882  one enterprise zone under this section. The department Office of
11883  Tourism, Trade and Economic Development shall establish the
11884  initial effective date of the enterprise zone designated
11885  pursuant to this section.
11886         Section 215. Section 290.0077, Florida Statutes, is amended
11887  to read:
11888         290.0077 Enterprise zone designation for Orange County and
11889  the municipality of Apopka.—Orange County and the municipality
11890  of Apopka may jointly apply to the department Office of Tourism,
11891  Trade, and Economic Development for designation of one
11892  enterprise zone. The application must be submitted by December
11893  31, 2005, and must comply with the requirements of s. 290.0055.
11894  Notwithstanding the provisions of s. 290.0065 limiting the total
11895  number of enterprise zones designated and the number of
11896  enterprise zones within a population category, the department
11897  Office of Tourism, Trade, and Economic Development may designate
11898  one enterprise zone under this section. The department Office of
11899  Tourism, Trade, and Economic Development shall establish the
11900  initial effective date of the enterprise zone designated
11901  pursuant to this section.
11902         Section 216. Section 290.014, Florida Statutes, is amended
11903  to read:
11904         290.014 Annual reports on enterprise zones.—
11905         (1) By February 1 of each year, the Department of Revenue
11906  shall submit an annual report to the department Office of
11907  Tourism, Trade, and Economic Development detailing the usage and
11908  revenue impact by county of the state incentives listed in s.
11909  290.007.
11910         (2) By March 1 of each year, the department office shall
11911  submit an annual report to the Governor, the Speaker of the
11912  House of Representatives, and the President of the Senate. The
11913  report shall include the information provided by the Department
11914  of Revenue pursuant to subsection (1) and the information
11915  provided by enterprise zone development agencies pursuant to s.
11916  290.0056. In addition, the report shall include an analysis of
11917  the activities and accomplishments of each enterprise zone.
11918         Section 217. Subsections (3) and (6) of section 290.042,
11919  Florida Statutes, are amended to read:
11920         290.042 Definitions relating to Florida Small Cities
11921  Community Development Block Grant Program Act.—As used in ss.
11922  290.0401-290.049, the term:
11923         (3) “Department” means the Department of Economic
11924  Opportunity Community Affairs.
11925         (6) “Person of low or moderate income” means any person who
11926  meets the definition established by the department of Community
11927  Affairs in accordance with the guidelines established in Title I
11928  of the Housing and Community Development Act of 1974, as
11929  amended.
11930         Section 218. Section 290.043, Florida Statutes, is amended
11931  to read:
11932         290.043 Florida Small Cities Community Development Block
11933  Grant Program; administration.—There is created the Florida
11934  Small Cities Community Development Block Grant Program. The
11935  department of Community Affairs shall administer the program as
11936  authorized and described in Title I of the Housing and Community
11937  Development Act of 1974, as amended; Pub. L. No. 93-383, as
11938  amended by Pub. L. No. 96-399 and Pub. L. No. 97-35; 42 U.S.C.
11939  ss. 5301 et seq.
11940         Section 219. Subsection (4) of section 290.043, Florida
11941  Statutes, is amended to read:
11942         290.044 Florida Small Cities Community Development Block
11943  Grant Program Fund; administration; distribution.—
11944         (4) The department may set aside an amount of up to 5
11945  percent of the funds annually for use in any eligible local
11946  government jurisdiction for which an emergency or natural
11947  disaster has been declared by executive order. Such funds may
11948  only be provided to a local government to fund eligible
11949  emergency-related activities for which no other source of
11950  federal, state, or local disaster funds is available. The
11951  department may provide for such set-aside by rule. In the last
11952  quarter of the state fiscal year, any funds not allocated under
11953  the emergency-related set-aside shall be used to fully fund any
11954  applications which were partially funded due to inadequate funds
11955  in the most recently completed neighborhood revitalization
11956  category funding cycle, and then any remaining funds shall be
11957  distributed to the next unfunded applications from the most
11958  recent funding cycle.
11959         Section 220. Subsection (6) of section 290.046, Florida
11960  Statutes, is amended to read:
11961         290.046 Applications for grants; procedures; requirements.—
11962         (6) The local government shall establish a citizen advisory
11963  task force composed of citizens in the jurisdiction in which the
11964  proposed project is to be implemented to provide input relative
11965  to all phases of the project process. The local government must
11966  obtain consent from the department of Community Affairs for any
11967  other type of citizen participation plan upon a showing that
11968  such plan is better suited to secure citizen participation for
11969  that locality.
11970         Section 221. Subsection (2) of section 290.047, Florida
11971  Statutes, is amended to read:
11972         290.047 Establishment of grant ceilings and maximum
11973  administrative cost percentages; elimination of population bias;
11974  loans in default.—
11975         (2) The department shall establish grant ceilings for each
11976  program category by rule. These ceilings shall bear some
11977  relationship to an applicant’s total population or its
11978  population living below the federal poverty level. Population
11979  ranges may be used in establishing these ceilings. In no case,
11980  however, may a grant ceiling be set above $750,000 or below
11981  $300,000.
11982         Section 222. Section 290.048, Florida Statutes, is amended
11983  to read:
11984         290.048 General powers of department of Community Affairs
11985  under ss. 290.0401-290.049.—The department has all the powers
11986  necessary or appropriate to carry out the purposes and
11987  provisions of the program, including the power to:
11988         (1) Make contracts and agreements with the Federal
11989  Government; other agencies of the state; any other public
11990  agency; or any other public person, association, corporation,
11991  local government, or entity in exercising its powers and
11992  performing its duties under ss. 290.0401-290.049.
11993         (2) Seek and accept funding from any public or private
11994  source.
11995         (3) Adopt and enforce rules not inconsistent with ss.
11996  290.0401-290.049 for the administration of the fund.
11997         (4) Assist in training employees of local governing
11998  authorities to help achieve and increase their capacity to
11999  administer programs pursuant to ss. 290.0401-290.049 and provide
12000  technical assistance and advice to local governing authorities
12001  involved with these programs.
12002         (5) Adopt and enforce strict requirements concerning an
12003  applicant’s written description of a service area. Each such
12004  description shall contain maps which illustrate the location of
12005  the proposed service area. All such maps must be clearly legible
12006  and must:
12007         (a) Contain a scale which is clearly marked on the map.
12008         (b) Show the boundaries of the locality.
12009         (c) Show the boundaries of the service area where the
12010  activities will be concentrated.
12011         (d) Display the location of all proposed area activities.
12012         (e) Include the names of streets, route numbers, or easily
12013  identifiable landmarks where all service activities are located.
12014         (6) Pledge community development block grant revenues from
12015  the Federal Government in order to guarantee notes or other
12016  obligations of a public entity which are approved pursuant to s.
12017  290.0455.
12018         (7) Establish an advisory committee of no more than 13
12019  members to solicit participation in designing, administering,
12020  and evaluating the program and in linking the program with other
12021  housing and community development resources.
12022         Section 223. Paragraph (a) of subsection (2) and subsection
12023  (4) of section 290.0491, Florida Statutes, is amended to read:
12024         290.0491 Florida Empowerment Zones.—
12025         (2) DEFINITIONS.—As used in this section, the term:
12026         (a) “Department” means the Department of Economic
12027  Opportunity Community Affairs.
12028         (4) EMPOWERMENT ZONE PROGRAM.—There is created an economic
12029  development program to be known as the Florida Empowerment Zone
12030  Program. The program shall exist for 10 years and, except as
12031  otherwise provided by law, be operated by the Department of
12032  Economic Opportunity Community Affairs in conjunction with the
12033  Federal Empowerment Zone Program.
12034         Section 224. Subsections (3) and (4) of section 290.053,
12035  Florida Statutes, are amended to read:
12036         290.053 Response to economic emergencies in small
12037  communities.—
12038         (3) A local government entity shall notify the Governor,
12039  the Department of Economic Opportunity Office of Tourism, Trade,
12040  and Economic Development, and Enterprise Florida, Inc., when one
12041  or more of the conditions specified in subsection (2) have
12042  occurred or will occur if action is not taken to assist the
12043  local governmental entity or the affected community.
12044         (4) Upon notification that one or more of the conditions
12045  described in subsection (2) exist, the Governor or his or her
12046  designee shall contact the local governmental entity to
12047  determine what actions have been taken by the local governmental
12048  entity or the affected community to resolve the economic
12049  emergency. The Governor may has the authority to waive the
12050  eligibility criteria of any program or activity administered by
12051  the Department of Economic Opportunity Office of Tourism, Trade,
12052  and Economic Development, or Enterprise Florida, Inc., to
12053  provide economic relief to the affected community by granting
12054  participation in such programs or activities. The Governor shall
12055  consult with the President of the Senate and the Speaker of the
12056  House of Representatives and shall take other action, as
12057  necessary, to resolve the economic emergency in the most
12058  expedient manner possible. All actions taken pursuant to this
12059  section shall be within current appropriations and shall have no
12060  annualized impact beyond normal growth.
12061         Section 225. Section 290.06561, Florida Statutes, is
12062  amended to read:
12063         290.06561 Designation of rural enterprise zone as catalyst
12064  site.—Notwithstanding s. 290.0065(1), the Department of Economic
12065  Opportunity Office of Tourism, Trade, and Economic Development,
12066  upon request of the host county, shall designate as a rural
12067  enterprise zone any catalyst site as defined in s.
12068  288.0656(2)(b) that was approved before prior to January 1,
12069  2010, and that is not located in an existing rural enterprise
12070  zone. The request from the host county must include the legal
12071  description of the catalyst site and the name and contact
12072  information for the county development authority responsible for
12073  managing the catalyst site. The designation shall provide
12074  businesses locating within the catalyst site the same
12075  eligibility for economic incentives and other benefits of a
12076  rural enterprise zone designated under s. 290.0065. The
12077  reporting criteria for a catalyst site designated as a rural
12078  enterprise zone under this section are the same as for other
12079  rural enterprise zones. Host county development authorities may
12080  enter into memoranda of agreement, as necessary, to coordinate
12081  their efforts to implement this section.
12082         Section 226. Paragraph (d) of subsection (3) of section
12083  310.0015, Florida Statutes, is amended to read:
12084         310.0015 Piloting regulation; general provisions.—
12085         (3) The rate-setting process, the issuance of licenses only
12086  in numbers deemed necessary or prudent by the board, and other
12087  aspects of the economic regulation of piloting established in
12088  this chapter are intended to protect the public from the adverse
12089  effects of unrestricted competition which would result from an
12090  unlimited number of licensed pilots being allowed to market
12091  their services on the basis of lower prices rather than safety
12092  concerns. This system of regulation benefits and protects the
12093  public interest by maximizing safety, avoiding uneconomic
12094  duplication of capital expenses and facilities, and enhancing
12095  state regulatory oversight. The system seeks to provide pilots
12096  with reasonable revenues, taking into consideration the normal
12097  uncertainties of vessel traffic and port usage, sufficient to
12098  maintain reliable, stable piloting operations. Pilots have
12099  certain restrictions and obligations under this system,
12100  including, but not limited to, the following:
12101         (d)1. The pilot or pilots in a port shall train and
12102  compensate all member deputy pilots in that port. Failure to
12103  train or compensate such deputy pilots shall constitute a ground
12104  for disciplinary action under s. 310.101. Nothing in this
12105  subsection shall be deemed to create an agency or employment
12106  relationship between a pilot or deputy pilot and the pilot or
12107  pilots in a port.
12108         2. The pilot or pilots in a port shall establish a
12109  competency-based mentor program by which minority persons, as
12110  defined in s. 288.703(3), may acquire the skills for the
12111  professional preparation and education competency requirements
12112  of a licensed state pilot or certificated deputy pilot. The
12113  department shall provide the Governor, the President of the
12114  Senate, and the Speaker of the House of Representatives with a
12115  report each year on the number of minority persons, as defined
12116  in s. 288.703(3), who have participated in each mentor program,
12117  who are licensed state pilots or certificated deputy pilots, and
12118  who have applied for state pilot licensure or deputy pilot
12119  certification.
12120         Section 227. Subsections (1), (3), (5), (8), (9), (10), and
12121  (11) of section 311.09, Florida Statutes, are amended to read:
12122         311.09 Florida Seaport Transportation and Economic
12123  Development Council.—
12124         (1) The Florida Seaport Transportation and Economic
12125  Development Council is created within the Department of
12126  Transportation. The council consists of the following 17
12127  members: the port director, or the port director’s designee, of
12128  each of the ports of Jacksonville, Port Canaveral, Fort Pierce,
12129  Palm Beach, Port Everglades, Miami, Port Manatee, St.
12130  Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
12131  West, and Fernandina; the secretary of the Department of
12132  Transportation or his or her designee; and the director of the
12133  Department of Economic Opportunity Office of Tourism, Trade, and
12134  Economic Development or his or her designee; and the secretary
12135  of the Department of Community Affairs or his or her designee.
12136         (3) The council shall prepare a 5-year Florida Seaport
12137  Mission Plan defining the goals and objectives of the council
12138  concerning the development of port facilities and an intermodal
12139  transportation system consistent with the goals of the Florida
12140  Transportation Plan developed pursuant to s. 339.155. The
12141  Florida Seaport Mission Plan shall include specific
12142  recommendations for the construction of transportation
12143  facilities connecting any port to another transportation mode
12144  and for the efficient, cost-effective development of
12145  transportation facilities or port facilities for the purpose of
12146  enhancing international trade, promoting cargo flow, increasing
12147  cruise passenger movements, increasing port revenues, and
12148  providing economic benefits to the state. The council shall
12149  update the 5-year Florida Seaport Mission Plan annually and
12150  shall submit the plan no later than February 1 of each year to
12151  the President of the Senate,; the Speaker of the House of
12152  Representatives,; the Department of Economic Opportunity, and
12153  the Office of Tourism, Trade, and Economic Development; the
12154  Department of Transportation; and the Department of Community
12155  Affairs. The council shall develop programs, based on an
12156  examination of existing programs in Florida and other states,
12157  for the training of minorities and secondary school students in
12158  job skills associated with employment opportunities in the
12159  maritime industry, and report on progress and recommendations
12160  for further action to the President of the Senate and the
12161  Speaker of the House of Representatives annually.
12162         (5) The council shall review and approve or disapprove each
12163  project eligible to be funded pursuant to the Florida Seaport
12164  Transportation and Economic Development Program. The council
12165  shall annually submit to the Secretary of Transportation and;
12166  the executive director of the Department of Economic
12167  Opportunity, or his or her designee, director of the Office of
12168  Tourism, Trade, and Economic Development; and the Secretary of
12169  Community Affairs a list of projects which have been approved by
12170  the council. The list shall specify the recommended funding
12171  level for each project; and, if staged implementation of the
12172  project is appropriate, the funding requirements for each stage
12173  shall be specified.
12174         (8) The Department of Economic Opportunity Office of
12175  Tourism, Trade, and Economic Development, in consultation with
12176  Enterprise Florida, Inc., shall review the list of projects
12177  approved by the council to evaluate the economic benefit of the
12178  project and to determine whether the project is consistent with
12179  the Florida Seaport Mission Plan. The Department of Economic
12180  Opportunity Office of Tourism, Trade, and Economic Development
12181  shall review the economic benefits of each project based upon
12182  the rules adopted pursuant to subsection (4). The Department of
12183  Economic Opportunity Office of Tourism, Trade, and Economic
12184  Development shall identify those projects which it has
12185  determined do not offer an economic benefit to the state or are
12186  not consistent with the Florida Seaport Mission Plan and shall
12187  notify the council of its findings.
12188         (9) The council shall review the findings of the Department
12189  of Economic Opportunity Department of Community Affairs; the
12190  Office of Tourism, Trade, and Economic Development; and the
12191  Department of Transportation. Projects found to be inconsistent
12192  pursuant to subsections (6), (7), and (8) and projects which
12193  have been determined not to offer an economic benefit to the
12194  state pursuant to subsection (8) shall not be included in the
12195  list of projects to be funded.
12196         (10) The Department of Transportation shall include in its
12197  annual legislative budget request a Florida Seaport
12198  Transportation and Economic Development grant program for
12199  expenditure of funds of not less than $8 million per year. Such
12200  budget shall include funding for projects approved by the
12201  council which have been determined by each agency to be
12202  consistent and which have been determined by the Department of
12203  Economic Opportunity Office of Tourism, Trade, and Economic
12204  Development to be economically beneficial. The department shall
12205  include the specific approved seaport projects to be funded
12206  under this section during the ensuing fiscal year in the
12207  tentative work program developed pursuant to s. 339.135(4). The
12208  total amount of funding to be allocated to seaport projects
12209  under s. 311.07 during the successive 4 fiscal years shall also
12210  be included in the tentative work program developed pursuant to
12211  s. 339.135(4). The council may submit to the department a list
12212  of approved projects that could be made production-ready within
12213  the next 2 years. The list shall be submitted by the department
12214  as part of the needs and project list prepared pursuant to s.
12215  339.135(2)(b). However, the department shall, upon written
12216  request of the Florida Seaport Transportation and Economic
12217  Development Council, submit work program amendments pursuant to
12218  s. 339.135(7) to the Governor within 10 days after the later of
12219  the date the request is received by the department or the
12220  effective date of the amendment, termination, or closure of the
12221  applicable funding agreement between the department and the
12222  affected seaport, as required to release the funds from the
12223  existing commitment. Notwithstanding s. 339.135(7)(c), any work
12224  program amendment to transfer prior year funds from one approved
12225  seaport project to another seaport project is subject to the
12226  procedures in s. 339.135(7)(d). Notwithstanding any provision of
12227  law to the contrary, the department may transfer unexpended
12228  budget between the seaport projects as identified in the
12229  approved work program amendments.
12230         (11) The council shall meet at the call of its chairperson,
12231  at the request of a majority of its membership, or at such times
12232  as may be prescribed in its bylaws. However, the council must
12233  meet at least semiannually. A majority of voting members of the
12234  council constitutes a quorum for the purpose of transacting the
12235  business of the council. All members of the council are voting
12236  members. A vote of the majority of the voting members present is
12237  sufficient for any action of the council, except that a member
12238  representing the Department of Transportation, the Department of
12239  Community Affairs, or the Department of Economic Opportunity
12240  Office of Tourism, Trade, and Economic Development may vote to
12241  overrule any action of the council approving a project pursuant
12242  to subsection (5). The bylaws of the council may require a
12243  greater vote for a particular action.
12244         Section 228. Paragraph (b) of subsection (1) of section
12245  311.105, Florida Statutes, is amended to read:
12246         311.105 Florida Seaport Environmental Management Committee;
12247  permitting; mitigation.—
12248         (1)
12249         (b) The committee shall consist of the following members:
12250  the Secretary of Environmental Protection, or his or her
12251  designee, as an ex officio, nonvoting member; a designee from
12252  the United States Army Corps of Engineers, as an ex officio,
12253  nonvoting member; a designee from the Florida Inland Navigation
12254  District, as an ex officio, nonvoting member; the executive
12255  director of Economic Opportunity Secretary of Community Affairs,
12256  or his or her designee, as an ex officio, nonvoting member; and
12257  five or more port directors, as voting members, appointed to the
12258  committee by the council chair, who shall also designate one
12259  such member as committee chair.
12260         Section 229. Subsection (3) of section 327.803, Florida
12261  Statutes, is amended to read:
12262         327.803 Boating Advisory Council.—
12263         (3) The purpose of the council is to make recommendations
12264  to the Fish and Wildlife Conservation Commission and the
12265  Department of Economic Opportunity Community Affairs regarding
12266  issues affecting the boating community, including, but not
12267  limited to, issues related to:
12268         (a) Boating and diving safety education.
12269         (b) Boating-related facilities, including marinas and boat
12270  testing facilities.
12271         (c) Boat usage.
12272         (d) Boat access.
12273         (e) Working waterfronts.
12274         Section 230. Section 311.11, Florida Statutes, is amended
12275  to read:
12276         311.11 Seaport Employment Training Grant Program.—
12277         (1) The Department of Economic Opportunity Office of
12278  Tourism, Trade, and Economic Development, in cooperation with
12279  the Florida Seaport Transportation and Economic Development
12280  Council, shall establish a Seaport Employment Training Grant
12281  Program within the Department of Economic Opportunity Office.
12282  The Department of Economic Opportunity office shall grant funds
12283  appropriated by the Legislature to the program for the purpose
12284  of stimulating and supporting seaport training and employment
12285  programs which will seek to match state and local training
12286  programs with identified job skills associated with employment
12287  opportunities in the port, maritime, and transportation
12288  industries, and for the purpose of providing such other
12289  training, educational, and information services as required to
12290  stimulate jobs in the described industries. Funds may be used
12291  for the purchase of equipment to be used for training purposes,
12292  hiring instructors, and any other purpose associated with the
12293  training program. The office’s contribution of the Department of
12294  Economic Opportunity to any specific training program may not
12295  exceed 50 percent of the total cost of the program. Matching
12296  contributions may include services in kind, including, but not
12297  limited to, training instructors, equipment usage, and training
12298  facilities.
12299         (2) The Department of Economic Opportunity Office shall
12300  adopt criteria to implement this section.
12301         Section 231. Paragraph (i) of subsection (1) of section
12302  311.115, Florida Statutes, are amended to read:
12303         311.115 Seaport Security Standards Advisory Council.—The
12304  Seaport Security Standards Advisory Council is created under the
12305  Office of Drug Control. The council shall serve as an advisory
12306  council as provided in s. 20.03(7).
12307         (1) The members of the council shall be appointed by the
12308  Governor and consist of the following:
12309         (i) One representative of Department of Economic
12310  Opportunity member from the Office of Tourism, Trade, and
12311  Economic Development.
12312         Section 232. Subsection (2) of section 311.22, Florida
12313  Statutes, is amended to read:
12314         311.22 Additional authorization for funding certain
12315  dredging projects.—
12316         (2) The council shall adopt rules for evaluating the
12317  projects that may be funded pursuant to this section. The rules
12318  must provide criteria for evaluating the economic benefit of the
12319  project. The rules must include the creation of an
12320  administrative review process by the council which is similar to
12321  the process described in s. 311.09(5)-(12), and provide for a
12322  review by the Department of Community Affairs, the Department of
12323  Transportation, and the Department of Economic Opportunity
12324  Office of Tourism, Trade, and Economic Development of all
12325  projects submitted for funding under this section.
12326         Section 233. Paragraph (a) of subsection (6), paragraph (b)
12327  of subsection (9), subsection (60), and paragraph (b) of
12328  subsection (65) of section 320.08058, Florida Statutes, are
12329  amended to read:
12330         320.08058 Specialty license plates.—
12331         (6) FLORIDA UNITED STATES OLYMPIC COMMITTEE LICENSE
12332  PLATES.—
12333         (a) Because the United States Olympic Committee has
12334  selected this state to participate in a combined fundraising
12335  program that provides for one-half of all money raised through
12336  volunteer giving to stay in this state and be administered by
12337  Enterprise Florida, Inc., the direct-support organization
12338  established under s. 288.1229 to support amateur sports, and
12339  because the United States Olympic Committee and Enterprise
12340  Florida, Inc., the direct-support organization are nonprofit
12341  organizations dedicated to providing athletes with support and
12342  training and preparing athletes of all ages and skill levels for
12343  sports competition, and because Enterprise Florida, Inc., the
12344  direct-support organization assists in the bidding for sports
12345  competitions that provide significant impact to the economy of
12346  this state, and the Legislature supports the efforts of the
12347  United States Olympic Committee and Enterprise Florida, Inc.,
12348  the direct-support organization, the Legislature establishes a
12349  Florida United States Olympic Committee license plate for the
12350  purpose of providing a continuous funding source to support this
12351  worthwhile effort. Florida United States Olympic Committee
12352  license plates must contain the official United States Olympic
12353  Committee logo and must bear a design and colors that are
12354  approved by the department. The word “Florida” must be centered
12355  at the top of the plate.
12356         (9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.—
12357         (b) The license plate annual use fees are to be annually
12358  distributed as follows:
12359         1. Fifty-five percent of the proceeds from the Florida
12360  Professional Sports Team plate must be deposited into the
12361  Professional Sports Development Trust Fund within the Department
12362  of Economic Opportunity Office of Tourism, Trade, and Economic
12363  Development. These funds must be used solely to attract and
12364  support major sports events in this state. As used in this
12365  subparagraph, the term “major sports events” means, but is not
12366  limited to, championship or all-star contests of Major League
12367  Baseball, the National Basketball Association, the National
12368  Football League, the National Hockey League, the men’s and
12369  women’s National Collegiate Athletic Association Final Four
12370  basketball championship, or a horseracing or dogracing Breeders’
12371  Cup. All funds must be used to support and promote major
12372  sporting events, and the uses must be approved by the Florida
12373  Sports Foundation.
12374         2. The remaining proceeds of the Florida Professional
12375  Sports Team license plate must be allocated to Enterprise
12376  Florida, Inc the Florida Sports Foundation, a direct-support
12377  organization of the Office of Tourism, Trade, and Economic
12378  Development. These funds must be deposited into the Professional
12379  Sports Development Trust Fund within the Department of Economic
12380  Opportunity Office of Tourism, Trade, and Economic Development.
12381  These funds must be used by Enterprise Florida, Inc., the
12382  Florida Sports Foundation to promote the economic development of
12383  the sports industry; to distribute licensing and royalty fees to
12384  participating professional sports teams; to promote education
12385  programs in Florida schools that provide an awareness of the
12386  benefits of physical activity and nutrition standards; to
12387  partner with the Department of Education and the Department of
12388  Health to develop a program that recognizes schools whose
12389  students demonstrate excellent physical fitness or fitness
12390  improvement; to institute a grant program for communities
12391  bidding on minor sporting events that create an economic impact
12392  for the state; to distribute funds to Florida-based charities
12393  designated by Enterprise Florida, Inc., the Florida Sports
12394  Foundation and the participating professional sports teams; and
12395  to fulfill the sports promotion responsibilities of the
12396  Department of Economic Opportunity Office of Tourism, Trade, and
12397  Economic Development.
12398         3. Enterprise Florida, Inc., The Florida Sports Foundation
12399  shall provide an annual financial audit in accordance with s.
12400  215.981 of its financial accounts and records by an independent
12401  certified public accountant pursuant to the contract established
12402  by the Department of Economic Opportunity Office of Tourism,
12403  Trade, and Economic Development as specified in s. 288.1229(5).
12404  The auditor shall submit the audit report to the Department of
12405  Economic Opportunity Office of Tourism, Trade, and Economic
12406  Development for review and approval. If the audit report is
12407  approved, the Department of Economic Opportunity office shall
12408  certify the audit report to the Auditor General for review.
12409         4. Notwithstanding the provisions of subparagraphs 1. and
12410  2., proceeds from the Professional Sports Development Trust Fund
12411  may also be used for operational expenses of Enterprise Florida,
12412  Inc., the Florida Sports Foundation and financial support of the
12413  Sunshine State Games.
12414         (60) FLORIDA NASCAR LICENSE PLATES.—
12415         (a) The department shall develop a Florida NASCAR license
12416  plate as provided in this section. Florida NASCAR license plates
12417  must bear the colors and design approved by the department. The
12418  word “Florida” must appear at the top of the plate, and the term
12419  “NASCAR” must appear at the bottom of the plate. The National
12420  Association for Stock Car Auto Racing, following consultation
12421  with Enterprise Florida, Inc., the Florida Sports Foundation,
12422  may submit a sample plate for consideration by the department.
12423         (b) The license plate annual use fees shall be distributed
12424  to Enterprise Florida, Inc. the Florida Sports Foundation, a
12425  direct-support organization of the Office of Tourism, Trade, and
12426  Economic Development. The license plate annual use fees shall be
12427  annually allocated as follows:
12428         1. Up to 5 percent of the proceeds from the annual use fees
12429  may be used by Enterprise Florida, Inc., the Florida Sports
12430  Foundation for the administration of the NASCAR license plate
12431  program.
12432         2. The National Association for Stock Car Auto Racing shall
12433  receive up to $60,000 in proceeds from the annual use fees to be
12434  used to pay startup costs, including costs incurred in
12435  developing and issuing the plates. Thereafter, 10 percent of the
12436  proceeds from the annual use fees shall be provided to the
12437  association for the royalty rights for the use of its marks.
12438         3. The remaining proceeds from the annual use fees shall be
12439  distributed to Enterprise Florida, Inc. the Florida Sports
12440  Foundation. Enterprise Florida, Inc., The Florida Sports
12441  Foundation will retain 15 percent to support its regional grant
12442  program, attracting sporting events to Florida; 20 percent to
12443  support the marketing of motorsports-related tourism in the
12444  state; and 50 percent to be paid to the NASCAR Foundation, a s.
12445  501(c)(3) charitable organization, to support Florida-based
12446  charitable organizations.
12447         (c) Enterprise Florida, Inc., The Florida Sports Foundation
12448  shall provide an annual financial audit in accordance with s.
12449  215.981 of its financial accounts and records by an independent
12450  certified public accountant pursuant to the contract established
12451  by the Department of Economic Opportunity Office of Tourism,
12452  Trade, and Economic Development as specified in s. 288.1229(5).
12453  The auditor shall submit the audit report to the Department of
12454  Economic Opportunity Office of Tourism, Trade, and Economic
12455  Development for review and approval. If the audit report is
12456  approved, the Department of Economic Opportunity office shall
12457  certify the audit report to the Auditor General for review.
12458         (65) FLORIDA TENNIS LICENSE PLATES.—
12459         (b) The department shall distribute the annual use fees to
12460  Enterprise Florida, Inc the Florida Sports Foundation, a direct
12461  support organization of the Office of Tourism, Trade, and
12462  Economic Development. The license plate annual use fees shall be
12463  annually allocated as follows:
12464         1. Up to 5 percent of the proceeds from the annual use fees
12465  may be used by Enterprise Florida, Inc., the Florida Sports
12466  Foundation to administer the license plate program.
12467         2. The United States Tennis Association Florida Section
12468  Foundation shall receive the first $60,000 in proceeds from the
12469  annual use fees to reimburse it for startup costs,
12470  administrative costs, and other costs it incurs in the
12471  development and approval process.
12472         3. Up to 5 percent of the proceeds from the annual use fees
12473  may be used for promoting and marketing the license plates. The
12474  remaining proceeds shall be available for grants by the United
12475  States Tennis Association Florida Section Foundation to
12476  nonprofit organizations to operate youth tennis programs and
12477  adaptive tennis programs for special populations of all ages,
12478  and for building, renovating, and maintaining public tennis
12479  courts.
12480         Section 234. Subsection (3) of section 320.63, Florida
12481  Statutes, is amended to read:
12482         320.63 Application for license; contents.—Any person
12483  desiring to be licensed pursuant to ss. 320.60-320.70 shall make
12484  application therefor to the department upon a form containing
12485  such information as the department requires. The department
12486  shall require, with such application or otherwise and from time
12487  to time, all of the following, which information may be
12488  considered by the department in determining the fitness of the
12489  applicant or licensee to engage in the business for which the
12490  applicant or licensee desires to be licensed:
12491         (3) From each manufacturer, distributor, or importer which
12492  utilizes an identical blanket basic agreement for its dealers or
12493  distributors in this state, which agreement comprises all or any
12494  part of the applicant’s or licensee’s agreements with motor
12495  vehicle dealers in this state, a copy of the written agreement
12496  and all supplements thereto, together with a list of the
12497  applicant’s or licensee’s authorized dealers or distributors and
12498  their addresses. The applicant or licensee shall further notify
12499  the department immediately of the appointment of any additional
12500  dealer or distributor. The applicant or licensee shall annually
12501  report to the department on its efforts to add new minority
12502  dealer points, including difficulties encountered under ss.
12503  320.61-320.70. For purposes of this section “minority” shall
12504  have the same meaning as that given it in the definition of
12505  “minority person” in s. 288.703(3). Not later than 60 days
12506  before prior to the date a revision or modification to a
12507  franchise agreement is offered uniformly to a licensee’s motor
12508  vehicle dealers in this state, the licensee shall notify the
12509  department of such revision, modification, or addition to the
12510  franchise agreement on file with the department. In no event may
12511  a franchise agreement, or any addendum or supplement thereto, be
12512  offered to a motor vehicle dealer in this state until the
12513  applicant or licensee files an affidavit with the department
12514  acknowledging that the terms or provisions of the agreement, or
12515  any related document, are not inconsistent with, prohibited by,
12516  or contrary to the provisions contained in ss. 320.60-320.70.
12517  Any franchise agreement offered to a motor vehicle dealer in
12518  this state shall provide that all terms and conditions in such
12519  agreement inconsistent with the law and rules of this state are
12520  of no force and effect.
12521         Section 235. Subsection (5) of section 331.3051, Florida
12522  Statutes, is amended to read:
12523         331.3051 Duties of Space Florida.—Space Florida shall:
12524         (5) Consult with Enterprise Florida, Inc., the Florida
12525  Commission on Tourism in developing a space tourism marketing
12526  plan. Space Florida and Enterprise Florida, Inc., the Florida
12527  Commission on Tourism may enter into a mutually beneficial
12528  agreement that provides funding to Enterprise Florida, Inc., the
12529  commission for its services to implement this subsection.
12530         Section 236. Section 331.3081, Florida Statutes, is amended
12531  to read:
12532         (Substantial rewording of section. See
12533         s. 331.3081, F.S., for present text.)
12534         331.3081Board of Directors; advisory board.—
12535         (1) Space Florida shall be governed by a 12-member
12536  independent board of directors that consists of the members
12537  appointed to the board of directors of Enterprise Florida, Inc.,
12538  by the Governor, the President of the Senate, and the Speaker of
12539  the House of Representatives pursuant to s. 288.901(5)(a)5.
12540         (2) Space Florida shall have a 15-member advisory council,
12541  appointed by the Governor from a list of nominations submitted
12542  by the board of directors. The advisory council shall be
12543  composed of Florida residents with expertise in the space
12544  industry, and each of the following areas of expertise or
12545  experience must be represented by at least one advisory council
12546  member: human space-flight programs, commercial launches into
12547  space, organized labor with experience working in the aerospace
12548  industry, aerospace-related industries, a commercial company
12549  working under Federal Government contracts to conduct space
12550  related business, an aerospace company whose primary client is
12551  the United States Department of Defense, and an alternative
12552  energy enterprise with potential for aerospace applications. The
12553  advisory council shall elect a member to serve as the chair of
12554  the council.
12555         (3) The advisory council shall make recommendations to the
12556  board of directors of Enterprise Florida, Inc., on the operation
12557  of Space Florida, including matters pertaining to ways to
12558  improve or enhance Florida’s efforts to expand its existing
12559  space and aerospace industry, to improve management and use of
12560  Florida’s state-owned real property assets related to space and
12561  aerospace, how best to retain and, if necessary, retrain
12562  Florida’s highly skilled space and aerospace workforce, and how
12563  to strengthen bonds between this state, NASA, the Department of
12564  Defense, and private space and aerospace industries.
12565         (4) The term for an advisory council member is 4 years. A
12566  member may not serve more than two consecutive terms. The
12567  Governor may remove any member for cause and shall fill all
12568  vacancies that occur.
12569         (5) Advisory council members shall serve without
12570  compensation, but may be reimbursed for all reasonable,
12571  necessary, and actual expenses as determined by the board of
12572  directors of Enterprise Florida, Inc.
12573         Section 237. Subsection (1) of section 332.115, Florida
12574  Statutes, is amended to read:
12575         332.115 Joint project agreement with port district for
12576  transportation corridor between airport and port facility.—
12577         (1) An eligible agency may acquire, construct, and operate
12578  all equipment, appurtenances, and land necessary to establish,
12579  maintain, and operate, or to license others to establish,
12580  maintain, operate, or use, a transportation corridor connecting
12581  an airport operated by such eligible agency with a port
12582  facility, which corridor must be acquired, constructed, and used
12583  for the transportation of persons between the airport and the
12584  port facility, for the transportation of cargo, and for the
12585  location and operation of lines for the transmission of water,
12586  electricity, communications, information, petroleum products,
12587  products of a public utility (including new technologies of a
12588  public utility nature), and materials. However, any such
12589  corridor may be established and operated only pursuant to a
12590  joint project agreement between an eligible agency as defined in
12591  s. 332.004 and a port district as defined in s. 315.02, and such
12592  agreement must be approved by the Department of Transportation
12593  and the Department of Economic Opportunity Community Affairs.
12594  Before the Department of Transportation approves the joint
12595  project agreement, that department must review the public
12596  purpose and necessity for the corridor pursuant to s. 337.273(5)
12597  and must also determine that the proposed corridor is consistent
12598  with the Florida Transportation Plan. Before the Department of
12599  Economic Opportunity Community Affairs approves the joint
12600  project agreement, that department must determine that the
12601  proposed corridor is consistent with the applicable local
12602  government comprehensive plans. An affected local government may
12603  provide its comments regarding the consistency of the proposed
12604  corridor with its comprehensive plan to the Department of
12605  Economic Opportunity Community Affairs.
12606         Section 238. Section 333.065, Florida Statutes, is amended
12607  to read:
12608         333.065 Guidelines regarding land use near airports.—The
12609  Department of Transportation, after consultation with the
12610  Department of Economic Opportunity Community Affairs, local
12611  governments, and other interested persons, shall adopt by rule
12612  recommended guidelines regarding compatible land uses in the
12613  vicinity of airports. These guidelines shall utilize acceptable
12614  and established quantitative measures, such as the Air
12615  Installation Compatible Use Zone standards, the Florida
12616  Statutes, and applicable Federal Aviation Administration
12617  documents.
12618         Section 239. Paragraph (f) of subsection (4) and paragraph
12619  (g) of subsection (7) of section 339.135, Florida Statutes, are
12620  amended to read:
12621         339.135 Work program; legislative budget request;
12622  definitions; preparation, adoption, execution, and amendment.—
12623         (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
12624         (f) The central office shall submit a preliminary copy of
12625  the tentative work program to the Executive Office of the
12626  Governor, the legislative appropriations committees, the Florida
12627  Transportation Commission, and the Department of Economic
12628  Opportunity Community Affairs at least 14 days prior to the
12629  convening of the regular legislative session. Prior to the
12630  statewide public hearing required by paragraph (g), the
12631  Department of Economic Opportunity Community Affairs shall
12632  transmit to the Florida Transportation Commission a list of
12633  those projects and project phases contained in the tentative
12634  work program which are identified as being inconsistent with
12635  approved local government comprehensive plans. For urbanized
12636  areas of metropolitan planning organizations, the list may not
12637  contain any project or project phase that is scheduled in a
12638  transportation improvement program unless such inconsistency has
12639  been previously reported to the affected metropolitan planning
12640  organization.
12641         (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
12642         (g) Notwithstanding the requirements in paragraphs (d) and
12643  (g) and ss. 216.177(2) and 216.351, the secretary may request
12644  the Executive Office of the Governor to amend the adopted work
12645  program when an emergency exists, as defined in s. 252.34(3),
12646  and the emergency relates to the repair or rehabilitation of any
12647  state transportation facility. The Executive Office of the
12648  Governor may approve the amendment to the adopted work program
12649  and amend that portion of the department’s approved budget if a
12650  in the event that the delay incident to the notification
12651  requirements in paragraph (d) would be detrimental to the
12652  interests of the state. However, the department shall
12653  immediately notify the parties specified in paragraph (d) and
12654  shall provide such parties written justification for the
12655  emergency action within 7 days after of the approval by the
12656  Executive Office of the Governor of the amendment to the adopted
12657  work program and the department’s budget. In no event may The
12658  adopted work program may not be amended under the provisions of
12659  this subsection without the certification by the comptroller of
12660  the department that there are sufficient funds available
12661  pursuant to the 36-month cash forecast and applicable statutes.
12662         Section 240. Paragraphs (f) and (g) of subsection (8) of
12663  section 339.175, Florida Statutes, are amended to read:
12664         339.175 Metropolitan planning organization.—
12665         (8) TRANSPORTATION IMPROVEMENT PROGRAM.—Each M.P.O. shall,
12666  in cooperation with the state and affected public transportation
12667  operators, develop a transportation improvement program for the
12668  area within the jurisdiction of the M.P.O. In the development of
12669  the transportation improvement program, each M.P.O. must provide
12670  the public, affected public agencies, representatives of
12671  transportation agency employees, freight shippers, providers of
12672  freight transportation services, private providers of
12673  transportation, representatives of users of public transit, and
12674  other interested parties with a reasonable opportunity to
12675  comment on the proposed transportation improvement program.
12676         (f) The adopted annual transportation improvement program
12677  for M.P.O.’s in nonattainment or maintenance areas must be
12678  submitted to the district secretary and the Department of
12679  Economic Opportunity Community Affairs at least 90 days before
12680  the submission of the state transportation improvement program
12681  by the department to the appropriate federal agencies. The
12682  annual transportation improvement program for M.P.O.’s in
12683  attainment areas must be submitted to the district secretary and
12684  the Department of Economic Opportunity Community Affairs at
12685  least 45 days before the department submits the state
12686  transportation improvement program to the appropriate federal
12687  agencies; however, the department, the Department of Economic
12688  Opportunity Community Affairs, and a metropolitan planning
12689  organization may, in writing, agree to vary this submittal date.
12690  The Governor or the Governor’s designee shall review and approve
12691  each transportation improvement program and any amendments
12692  thereto.
12693         (g) The Department of Economic Opportunity Community
12694  Affairs shall review the annual transportation improvement
12695  program of each M.P.O. for consistency with the approved local
12696  government comprehensive plans of the units of local government
12697  whose boundaries are within the metropolitan area of each M.P.O.
12698  and shall identify those projects that are inconsistent with
12699  such comprehensive plans. The Department of Economic Opportunity
12700  Community Affairs shall notify an M.P.O. of any transportation
12701  projects contained in its transportation improvement program
12702  which are inconsistent with the approved local government
12703  comprehensive plans of the units of local government whose
12704  boundaries are within the metropolitan area of the M.P.O.
12705         Section 241. Subsection (1) of section 342.201, Florida
12706  Statutes, is amended to read:
12707         342.201 Waterfronts Florida Program.—
12708         (1) There is established within the Department of
12709  Environmental Protection Community Affairs the Waterfronts
12710  Florida Program to provide technical assistance and support to
12711  communities in revitalizing waterfront areas in this state.
12712         Section 242. Subsection (3) of section 369.303, Florida
12713  Statutes, is amended to read:
12714         369.303 Definitions.—As used in this part:
12715         (3) “Department” means the Department of Economic
12716  Opportunity Community Affairs.
12717         Section 243. Subsection (1) of section 369.318, Florida
12718  Statutes, is amended to read:
12719         369.318 Studies.—
12720         (1) The Department of Environmental Protection shall study
12721  the efficacy and applicability of water quality and wastewater
12722  treatment standards needed to achieve nitrogen reductions
12723  protective of surface and groundwater quality within the Wekiva
12724  Study Area and report to the Governor and the Department of
12725  Economic Opportunity Community Affairs. The Department of
12726  Environmental Protection may adopt rules to implement the
12727  specific recommendations set forth in sections C.2. and C.4. of
12728  its report entitled “A Strategy for Water Quality Protection:
12729  Wastewater Treatment in the Wekiva Study Area,” dated December
12730  2004, in order to achieve nitrogen reductions protective of
12731  surface and groundwater quality in the Wekiva Study Area and
12732  implement Recommendation 8 of the Wekiva River Basin
12733  Coordinating Committee’s final report dated March 16, 2004. The
12734  rules shall provide an opportunity for relief from such specific
12735  recommendations upon affirmative demonstration by the permittee
12736  or permit applicant, based on water quality data, physical
12737  circumstances, or other credible information, that the discharge
12738  of treated wastewater is protective of surface water and
12739  groundwater quality with respect to nitrate nitrogen as set
12740  forth in section C.1. of the referenced December 2004 report.
12741         Section 244. Subsections (5) and (7) of section 369.321,
12742  Florida Statutes, are amended to read:
12743         369.321 Comprehensive plan amendments.—Except as otherwise
12744  expressly provided, by January 1, 2006, each local government
12745  within the Wekiva Study Area shall amend its local government
12746  comprehensive plan to include the following:
12747         (5) Comprehensive plans and comprehensive plan amendments
12748  adopted by the local governments to implement this section shall
12749  be reviewed by the Department of Economic Opportunity Community
12750  Affairs pursuant to s. 163.3184, and shall be exempt from the
12751  provisions of s. 163.3187(1).
12752         (7) During the period prior to the adoption of the
12753  comprehensive plan amendments required by this act, any local
12754  comprehensive plan amendment adopted by a city or county that
12755  applies to land located within the Wekiva Study Area shall
12756  protect surface and groundwater resources and be reviewed by the
12757  Department of Economic Opportunity Community Affairs, pursuant
12758  to chapter 163 and chapter 9J-5, Florida Administrative Code,
12759  using best available data, including the information presented
12760  to the Wekiva River Basin Coordinating Committee.
12761         Section 245. Subsections (1) and (3) of section 369.322,
12762  Florida Statutes, are amended to read:
12763         369.322 Coordination of land use and water supply within
12764  the Wekiva Study Area.—
12765         (1) In their review of local government comprehensive plan
12766  amendments for property located within the Wekiva Study Area
12767  pursuant to s. 163.3184, the Department of Economic Opportunity
12768  Community Affairs and the St. Johns River Water Management
12769  District shall assure that amendments that increase development
12770  potential demonstrate that adequate potable water consumptive
12771  use permit capacity is available.
12772         (3) In recognition of the need to balance resource
12773  protection, existing infrastructure and improvements planned or
12774  committed as part of approved development, consistent with
12775  existing municipal or county comprehensive plans and economic
12776  development opportunities, planned community development
12777  initiatives that assure protection of surface and groundwater
12778  resources while promoting compact, ecologically and economically
12779  sustainable growth should be encouraged. Small area studies,
12780  sector plans, or similar planning tools should support these
12781  community development initiatives. In addition, the Department
12782  of Economic Opportunity Community Affairs may make available
12783  best practice guides that demonstrate how to balance resource
12784  protection and economic development opportunities.
12785         Section 246. Section 369.323, Florida Statutes, is amended
12786  to read:
12787         369.323 Compliance.—Comprehensive plans and plan amendments
12788  adopted by the local governments within the Wekiva Study Area to
12789  implement this act shall be reviewed for compliance by the
12790  Department of Economic Opportunity Community Affairs.
12791         Section 247. Subsections (1) and (5) of section 369.324,
12792  Florida Statutes, are amended to read:
12793         369.324 Wekiva River Basin Commission.—
12794         (1) The Wekiva River Basin Commission is created to monitor
12795  and ensure the implementation of the recommendations of the
12796  Wekiva River Basin Coordinating Committee for the Wekiva Study
12797  Area. The East Central Florida Regional Planning Council shall
12798  provide staff support to the commission with funding assistance
12799  from the Department of Economic Opportunity Community Affairs.
12800  The commission shall be comprised of a total of 19 members
12801  appointed by the Governor, 9 of whom shall be voting members and
12802  10 shall be ad hoc nonvoting members. The voting members shall
12803  include:
12804         (a) One member of each of the Boards of County
12805  Commissioners for Lake, Orange, and Seminole Counties.
12806         (b) One municipal elected official to serve as a
12807  representative of the municipalities located within the Wekiva
12808  Study Area of Lake County.
12809         (c) One municipal elected official to serve as a
12810  representative of the municipalities located within the Wekiva
12811  Study Area of Orange County.
12812         (d) One municipal elected official to serve as a
12813  representative of the municipalities located within the Wekiva
12814  Study Area of Seminole County.
12815         (e) One citizen representing an environmental or
12816  conservation organization, one citizen representing a local
12817  property owner, a land developer, or an agricultural entity, and
12818  one at-large citizen who shall serve as chair of the council.
12819         (f) The ad hoc nonvoting members shall include one
12820  representative from each of the following entities:
12821         1. St. Johns River Management District.
12822         2. Department of Economic Opportunity Community Affairs.
12823         3. Department of Environmental Protection.
12824         4. Department of Health.
12825         5. Department of Agriculture and Consumer Services.
12826         6. Fish and Wildlife Conservation Commission.
12827         7. Department of Transportation.
12828         8. MetroPlan Orlando.
12829         9. Orlando-Orange County Expressway Authority.
12830         10. Seminole County Expressway Authority.
12831         (5) The commission shall report annually, no later than
12832  December 31 of each year, to the Governor, the President of the
12833  Senate, the Speaker of the House of Representatives, and the
12834  Department of Economic Opportunity Community Affairs on
12835  implementation progress.
12836         Section 248. Paragraph (b) of subsection (3) of section
12837  373.199, Florida Statutes, is amended to read:
12838         373.199 Florida Forever Water Management District Work
12839  Plan.—
12840         (3) In developing the list, each water management district
12841  shall:
12842         (b) Work cooperatively with the applicable ecosystem
12843  management area teams and other citizen advisory groups, the
12844  Department of Environmental Protection and its district offices,
12845  the Department of Agriculture and Consumer Services, the Fish
12846  and Wildlife Conservation Commission, the Department of Economic
12847  Opportunity Community Affairs, the Department of Transportation,
12848  other state agencies, and federal agencies, where applicable.
12849         Section 249. Subsection (5) of section 373.4149, Florida
12850  Statutes, is amended to read:
12851         373.4149 Miami-Dade County Lake Belt Plan.—
12852         (5) The secretary of the Department of Environmental
12853  Protection, the executive director secretary of the Department
12854  of Economic Opportunity Community Affairs, the secretary of the
12855  Department of Transportation, the Commissioner of Agriculture,
12856  the executive director of the Fish and Wildlife Conservation
12857  Commission, and the executive director of the South Florida
12858  Water Management District may enter into agreements with
12859  landowners, developers, businesses, industries, individuals, and
12860  governmental agencies as necessary to effectuate the Miami-Dade
12861  Lake Belt Plan and the provisions of this section.
12862         Section 250. Paragraph (a) of subsection (1) of section
12863  373.453, Florida Statutes, is amended to read:
12864         373.453 Surface water improvement and management plans and
12865  programs.—
12866         (1)(a) Each water management district, in cooperation with
12867  the department, the Department of Agriculture and Consumer
12868  Services, the Department of Economic Opportunity Community
12869  Affairs, the Fish and Wildlife Conservation Commission, local
12870  governments, and others, shall maintain a list that prioritizes
12871  water bodies of regional or statewide significance within the
12872  water management district. The list shall be reviewed and
12873  updated every 5 years.
12874         Section 251. Subsection (1) of section 375.021, Florida
12875  Statutes, is amended to read:
12876         375.021 Comprehensive multipurpose outdoor recreation
12877  plan.—
12878         (1) The department is given the responsibility, authority,
12879  and power to develop and execute a comprehensive multipurpose
12880  outdoor recreation plan for this state with the cooperation of
12881  the Department of Agriculture and Consumer Services, the
12882  Department of Transportation, the Fish and Wildlife Conservation
12883  Commission, the Department of Economic Opportunity Florida
12884  Commission on Tourism, and the water management districts.
12885         Section 252. Section 376.60, Florida Statutes, is amended
12886  to read:
12887         376.60 Asbestos removal program inspection and notification
12888  fee.—The Department of Environmental Protection shall charge an
12889  inspection and notification fee, not to exceed $300 for a small
12890  business as defined in s. 288.703(1), or $1,000 for any other
12891  project, for any asbestos removal project. The department may
12892  establish a fee schedule by rule. Schools, colleges,
12893  universities, residential dwellings, and those persons otherwise
12894  exempted from licensure under s. 469.002(4) are exempt from the
12895  fees. Any fee collected must be deposited in the asbestos
12896  program account in the Air Pollution Control Trust Fund to be
12897  used by the department to administer its asbestos removal
12898  program.
12899         (1) In those counties with approved local air pollution
12900  control programs, the department shall return 80 percent of the
12901  asbestos removal program inspection and notification fees
12902  collected in that county to the local government quarterly, if
12903  the county requests it.
12904         (2) The fees returned to a county under subsection (1) must
12905  be used only for asbestos-related program activities.
12906         (3) A county may not levy any additional fees for asbestos
12907  removal activity while it receives fees under subsection (1).
12908         (4) If a county has requested reimbursement under
12909  subsection (1), the department shall reimburse the approved
12910  local air pollution control program with 80 percent of the fees
12911  collected in the county retroactive to July 1, 1994, for
12912  asbestos-related program activities.
12913         (5) If an approved local air pollution control program that
12914  is providing asbestos notification and inspection services
12915  according to 40 C.F.R. part 61, subpart M, and is collecting
12916  fees sufficient to support the requirements of 40 C.F.R. part
12917  61, subpart M, opts not to receive the state-generated asbestos
12918  notification fees, the state may discontinue collection of the
12919  state asbestos notification fees in that county.
12920         Section 253. Subsection (2) of section 376.86, Florida
12921  Statutes, is amended to read:
12922         376.86 Brownfield Areas Loan Guarantee Program.—
12923         (2) The council shall consist of the secretary of the
12924  Department of Environmental Protection or the secretary’s
12925  designee, the secretary of the Department of Community Affairs
12926  or the secretary’s designee, the State Surgeon General or the
12927  State Surgeon General’s designee, the executive director of the
12928  State Board of Administration or the executive director’s
12929  designee, the executive director of the Florida Housing Finance
12930  Corporation or the executive director’s designee, and the
12931  executive director of Economic Opportunity or the director’s
12932  Director of the Governor’s Office of Tourism, Trade, and
12933  Economic Development or the director’s designee. The executive
12934  director of Economic Opportunity or the director’s designee
12935  shall serve as chair chairperson of the council shall be the
12936  Director of the Governor’s Office of Tourism, Trade, and
12937  Economic Development. Staff services for activities of the
12938  council shall be provided as needed by the member agencies.
12939         Section 254. Subsection (1), paragraph (c) of subsection
12940  (2), and subsections (3) and (4) of section 377.809, Florida
12941  Statutes, are amended to read:
12942         377.809 Energy Economic Zone Pilot Program.—
12943         (1) The Department of Economic Opportunity Community
12944  Affairs, in consultation with the Department of Transportation,
12945  shall implement an Energy Economic Zone Pilot Program for the
12946  purpose of developing a model to help communities cultivate
12947  green economic development, encourage renewable electric energy
12948  generation, manufacture products that contribute to energy
12949  conservation and green jobs, and further implement chapter 2008
12950  191, Laws of Florida, relative to discouraging sprawl and
12951  developing energy-efficient land use patterns and greenhouse gas
12952  reduction strategies. The Department of Agriculture and Consumer
12953  Services Office of Tourism, Trade, and Economic Development and
12954  the Florida Energy and Climate Commission shall provide
12955  technical assistance to the departments in developing and
12956  administering the program.
12957         (2)
12958         (c) The Department of Economic Opportunity Community
12959  Affairs shall grant at least one application if the application
12960  meets the requirements of this subsection and the community has
12961  demonstrated a prior commitment to energy conservation, carbon
12962  reduction, green building, and economic development. The
12963  Department of Economic Opportunity Community Affairs and the
12964  Office of Tourism, Trade, and Economic Development shall provide
12965  the pilot community, including businesses within the energy
12966  economic zone, with technical assistance in identifying and
12967  qualifying for eligible grants and credits in job creation,
12968  energy, and other areas.
12969         (3)The Department of Community Affairs, with the
12970  assistance of the Office of Tourism, Trade, and Economic
12971  Development, shall submit an interim report by February 15,
12972  2010, to the Governor, the President of the Senate, and the
12973  Speaker of the House of Representatives regarding the status of
12974  the pilot program. The report shall contain any recommendations
12975  deemed appropriate by the department for statutory changes to
12976  accomplish the goals of the pilot program community, including
12977  whether it would be beneficial to provide financial incentives
12978  similar to those offered to an enterprise zone.
12979         (3)(4) If the pilot project is ongoing, the Department of
12980  Economic Opportunity Community Affairs, with the assistance of
12981  the Office of Tourism, Trade, and Economic Development, shall
12982  submit a report to the Governor, the President of the Senate,
12983  and the Speaker of the House of Representatives by February 15,
12984  2012, evaluating whether the pilot program has demonstrated
12985  success. The report shall contain recommendations with regard to
12986  whether the program should be expanded for use by other local
12987  governments and whether state policies should be revised to
12988  encourage the goals of the program.
12989         Section 255. Subsection (3) of section 378.411, Florida
12990  Statutes, is amended to read:
12991         378.411 Certification to receive notices of intent to mine,
12992  to review, and to inspect for compliance.—
12993         (3) In making his or her determination, the secretary shall
12994  consult with the Department of Economic Opportunity Community
12995  Affairs, the appropriate regional planning council, and the
12996  appropriate water management district.
12997         Section 256. Paragraph (c) of subsection (4) of section
12998  379.2291, Florida Statutes, is amended to read:
12999         379.2291 Endangered and Threatened Species Act.—
13000         (4) INTERAGENCY COORDINATION.—
13001         (c) The commission, in consultation with the Department of
13002  Agriculture and Consumer Services, the Department of Economic
13003  Opportunity Community Affairs, or the Department of
13004  Transportation, may establish reduced speed zones along roads,
13005  streets, and highways to protect endangered species or
13006  threatened species.
13007         Section 257. Subsection (18) of section 380.031, Florida
13008  Statutes, is amended to read:
13009         380.031 Definitions.—As used in this chapter:
13010         (18) “State land planning agency” means the Department of
13011  Economic Opportunity Community Affairs and may be referred to in
13012  this part as the “department.”
13013         Section 258. Paragraph (d) of subsection (2), paragraph (e)
13014  of subsection (15), and subsections (24) and (27) of section
13015  380.06, Florida Statutes, are amended to read:
13016         380.06 Developments of regional impact.—
13017         (2) STATEWIDE GUIDELINES AND STANDARDS.—
13018         (d) The guidelines and standards shall be applied as
13019  follows:
13020         1. Fixed thresholds.—
13021         a. A development that is below 100 percent of all numerical
13022  thresholds in the guidelines and standards is shall not be
13023  required to undergo development-of-regional-impact review.
13024         b. A development that is at or above 120 percent of any
13025  numerical threshold shall be required to undergo development-of
13026  regional-impact review.
13027         c. Projects certified under s. 403.973 which create at
13028  least 100 jobs and meet the criteria of the Department of
13029  Economic Opportunity Office of Tourism, Trade, and Economic
13030  Development as to their impact on an area’s economy, employment,
13031  and prevailing wage and skill levels that are at or below 100
13032  percent of the numerical thresholds for industrial plants,
13033  industrial parks, distribution, warehousing or wholesaling
13034  facilities, office development or multiuse projects other than
13035  residential, as described in s. 380.0651(3)(c), (d), and (h),
13036  are not required to undergo development-of-regional-impact
13037  review.
13038         2. Rebuttable presumption.—It shall be presumed that a
13039  development that is at 100 percent or between 100 and 120
13040  percent of a numerical threshold shall be required to undergo
13041  development-of-regional-impact review.
13042         (15) LOCAL GOVERNMENT DEVELOPMENT ORDER.—
13043         (e)1. A local government shall not include, as a
13044  development order condition for a development of regional
13045  impact, any requirement that a developer contribute or pay for
13046  land acquisition or construction or expansion of public
13047  facilities or portions thereof unless the local government has
13048  enacted a local ordinance which requires other development not
13049  subject to this section to contribute its proportionate share of
13050  the funds, land, or public facilities necessary to accommodate
13051  any impacts having a rational nexus to the proposed development,
13052  and the need to construct new facilities or add to the present
13053  system of public facilities must be reasonably attributable to
13054  the proposed development.
13055         2. A local government shall not approve a development of
13056  regional impact that does not make adequate provision for the
13057  public facilities needed to accommodate the impacts of the
13058  proposed development unless the local government includes in the
13059  development order a commitment by the local government to
13060  provide these facilities consistently with the development
13061  schedule approved in the development order; however, a local
13062  government’s failure to meet the requirements of subparagraph 1.
13063  and this subparagraph shall not preclude the issuance of a
13064  development order where adequate provision is made by the
13065  developer for the public facilities needed to accommodate the
13066  impacts of the proposed development. Any funds or lands
13067  contributed by a developer must be expressly designated and used
13068  to accommodate impacts reasonably attributable to the proposed
13069  development.
13070         3. The Department of Economic Opportunity Community Affairs
13071  and other state and regional agencies involved in the
13072  administration and implementation of this act shall cooperate
13073  and work with units of local government in preparing and
13074  adopting local impact fee and other contribution ordinances.
13075         (24) STATUTORY EXEMPTIONS.—
13076         (a) Any proposed hospital is exempt from the provisions of
13077  this section.
13078         (b) Any proposed electrical transmission line or electrical
13079  power plant is exempt from the provisions of this section.
13080         (c) Any proposed addition to an existing sports facility
13081  complex is exempt from the provisions of this section if the
13082  addition meets the following characteristics:
13083         1. It would not operate concurrently with the scheduled
13084  hours of operation of the existing facility.
13085         2. Its seating capacity would be no more than 75 percent of
13086  the capacity of the existing facility.
13087         3. The sports facility complex property is owned by a
13088  public body before prior to July 1, 1983.
13089  
13090  This exemption does not apply to any pari-mutuel facility.
13091         (d) Any proposed addition or cumulative additions
13092  subsequent to July 1, 1988, to an existing sports facility
13093  complex owned by a state university is exempt if the increased
13094  seating capacity of the complex is no more than 30 percent of
13095  the capacity of the existing facility.
13096         (e) Any addition of permanent seats or parking spaces for
13097  an existing sports facility located on property owned by a
13098  public body before prior to July 1, 1973, is exempt from the
13099  provisions of this section if future additions do not expand
13100  existing permanent seating or parking capacity more than 15
13101  percent annually in excess of the prior year’s capacity.
13102         (f) Any increase in the seating capacity of an existing
13103  sports facility having a permanent seating capacity of at least
13104  50,000 spectators is exempt from the provisions of this section,
13105  provided that such an increase does not increase permanent
13106  seating capacity by more than 5 percent per year and not to
13107  exceed a total of 10 percent in any 5-year period, and provided
13108  that the sports facility notifies the appropriate local
13109  government within which the facility is located of the increase
13110  at least 6 months before prior to the initial use of the
13111  increased seating, in order to permit the appropriate local
13112  government to develop a traffic management plan for the traffic
13113  generated by the increase. Any traffic management plan shall be
13114  consistent with the local comprehensive plan, the regional
13115  policy plan, and the state comprehensive plan.
13116         (g) Any expansion in the permanent seating capacity or
13117  additional improved parking facilities of an existing sports
13118  facility is exempt from the provisions of this section, if the
13119  following conditions exist:
13120         1.a. The sports facility had a permanent seating capacity
13121  on January 1, 1991, of at least 41,000 spectator seats;
13122         b. The sum of such expansions in permanent seating capacity
13123  does not exceed a total of 10 percent in any 5-year period and
13124  does not exceed a cumulative total of 20 percent for any such
13125  expansions; or
13126         c. The increase in additional improved parking facilities
13127  is a one-time addition and does not exceed 3,500 parking spaces
13128  serving the sports facility; and
13129         2. The local government having jurisdiction of the sports
13130  facility includes in the development order or development permit
13131  approving such expansion under this paragraph a finding of fact
13132  that the proposed expansion is consistent with the
13133  transportation, water, sewer and stormwater drainage provisions
13134  of the approved local comprehensive plan and local land
13135  development regulations relating to those provisions.
13136  
13137  Any owner or developer who intends to rely on this statutory
13138  exemption shall provide to the department a copy of the local
13139  government application for a development permit. Within 45 days
13140  after of receipt of the application, the department shall render
13141  to the local government an advisory and nonbinding opinion, in
13142  writing, stating whether, in the department’s opinion, the
13143  prescribed conditions exist for an exemption under this
13144  paragraph. The local government shall render the development
13145  order approving each such expansion to the department. The
13146  owner, developer, or department may appeal the local government
13147  development order pursuant to s. 380.07, within 45 days after
13148  the order is rendered. The scope of review shall be limited to
13149  the determination of whether the conditions prescribed in this
13150  paragraph exist. If any sports facility expansion undergoes
13151  development-of-regional-impact review, all previous expansions
13152  which were exempt under this paragraph shall be included in the
13153  development-of-regional-impact review.
13154         (h) Expansion to port harbors, spoil disposal sites,
13155  navigation channels, turning basins, harbor berths, and other
13156  related inwater harbor facilities of ports listed in s.
13157  403.021(9)(b), port transportation facilities and projects
13158  listed in s. 311.07(3)(b), and intermodal transportation
13159  facilities identified pursuant to s. 311.09(3) are exempt from
13160  the provisions of this section when such expansions, projects,
13161  or facilities are consistent with comprehensive master plans
13162  that are in compliance with the provisions of s. 163.3178.
13163         (i) Any proposed facility for the storage of any petroleum
13164  product or any expansion of an existing facility is exempt from
13165  the provisions of this section.
13166         (j) Any renovation or redevelopment within the same land
13167  parcel which does not change land use or increase density or
13168  intensity of use.
13169         (k) Waterport and marina development, including dry storage
13170  facilities, are exempt from the provisions of this section.
13171         (l) Any proposed development within an urban service
13172  boundary established under s. 163.3177(14), which is not
13173  otherwise exempt pursuant to subsection (29), is exempt from the
13174  provisions of this section if the local government having
13175  jurisdiction over the area where the development is proposed has
13176  adopted the urban service boundary, has entered into a binding
13177  agreement with jurisdictions that would be impacted and with the
13178  Department of Transportation regarding the mitigation of impacts
13179  on state and regional transportation facilities, and has adopted
13180  a proportionate share methodology pursuant to s. 163.3180(16).
13181         (m) Any proposed development within a rural land
13182  stewardship area created under s. 163.3177(11)(d) is exempt from
13183  the provisions of this section if the local government that has
13184  adopted the rural land stewardship area has entered into a
13185  binding agreement with jurisdictions that would be impacted and
13186  the Department of Transportation regarding the mitigation of
13187  impacts on state and regional transportation facilities, and has
13188  adopted a proportionate share methodology pursuant to s.
13189  163.3180(16).
13190         (n) The establishment, relocation, or expansion of any
13191  military installation as defined in s. 163.3175, is exempt from
13192  this section.
13193         (o) Any self-storage warehousing that does not allow retail
13194  or other services is exempt from this section.
13195         (p) Any proposed nursing home or assisted living facility
13196  is exempt from this section.
13197         (q) Any development identified in an airport master plan
13198  and adopted into the comprehensive plan pursuant to s.
13199  163.3177(6)(k) is exempt from this section.
13200         (r) Any development identified in a campus master plan and
13201  adopted pursuant to s. 1013.30 is exempt from this section.
13202         (s) Any development in a specific area plan which is
13203  prepared pursuant to s. 163.3245 and adopted into the
13204  comprehensive plan is exempt from this section.
13205         (t) Any development within a county with a research and
13206  education authority created by special act and that is also
13207  within a research and development park that is operated or
13208  managed by a research and development authority pursuant to part
13209  V of chapter 159 is exempt from this section.
13210  
13211  If a use is exempt from review as a development of regional
13212  impact under paragraphs (a)-(s), but will be part of a larger
13213  project that is subject to review as a development of regional
13214  impact, the impact of the exempt use must be included in the
13215  review of the larger project, unless such exempt use involves a
13216  development of regional impact that includes a landowner,
13217  tenant, or user that has entered into a funding agreement with
13218  the Department of Economic Opportunity Office of Tourism, Trade,
13219  and Economic Development under the Innovation Incentive Program
13220  and the agreement contemplates a state award of at least $50
13221  million.
13222         (27) RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS UNDER A
13223  DEVELOPMENT ORDER.—If a developer or owner is in doubt as to his
13224  or her rights, responsibilities, and obligations under a
13225  development order and the development order does not clearly
13226  define his or her rights, responsibilities, and obligations, the
13227  developer or owner may request participation in resolving the
13228  dispute through the dispute resolution process outlined in s.
13229  186.509. The Department of Economic Opportunity Community
13230  Affairs shall be notified by certified mail of any meeting held
13231  under the process provided for by this subsection at least 5
13232  days before the meeting.
13233         Section 259. Paragraph (a) of subsection (5) of section
13234  380.061, Florida Statutes, is amended to read:
13235         380.061 The Florida Quality Developments program.—
13236         (5)(a) Before filing an application for development
13237  designation, the developer shall contact the Department of
13238  Economic Opportunity Community Affairs to arrange one or more
13239  preapplication conferences with the other reviewing entities.
13240  Upon the request of the developer or any of the reviewing
13241  entities, other affected state or regional agencies shall
13242  participate in this conference. The department, in coordination
13243  with the local government with jurisdiction and the regional
13244  planning council, shall provide the developer information about
13245  the Florida Quality Developments designation process and the use
13246  of preapplication conferences to identify issues, coordinate
13247  appropriate state, regional, and local agency requirements,
13248  fully address any concerns of the local government, the regional
13249  planning council, and other reviewing agencies and the meeting
13250  of those concerns, if applicable, through development order
13251  conditions, and otherwise promote a proper, efficient, and
13252  timely review of the proposed Florida Quality Development. The
13253  department shall take the lead in coordinating the review
13254  process.
13255         Section 260. Subsections (2) and (6) of section 380.0677,
13256  Florida Statutes, are amended to read:
13257         380.0677 Green Swamp Land Authority.—
13258         (2) MISSION.—The mission of the Green Swamp Land Authority
13259  shall be to balance the protection of the ecological values of
13260  the Green Swamp Area of Critical State Concern with the
13261  protection of private property rights and the interests of
13262  taxpayers through the acquisition of lands, or rights or
13263  interests in lands, from willing sellers within the Green Swamp
13264  Area of Critical State Concern. To that end, the authority is
13265  encouraged to coordinate with the Division of State Lands of the
13266  Department of Environmental Protection, the Florida Communities
13267  Trust Program within the Department of Environmental Protection
13268  Community Affairs, the Southwest Florida Water Management
13269  District, and the St. Johns River Water Management District to
13270  identify, select, and acquire less-than-fee-simple interests or
13271  rights in parcels within the Green Swamp Area of Critical State
13272  Concern, as part of overall land acquisition efforts by the
13273  state and the districts. When the Department of Environmental
13274  Protection and the water management districts are planning to
13275  acquire parcels within the Green Swamp Area of Critical State
13276  Concern, they shall consider acquiring such parcels using
13277  alternatives to fee simple techniques in consultation with the
13278  land authority.
13279         (6) APPROPRIATIONS.—From funds appropriated to the
13280  Department of Environmental Protection for land acquisition from
13281  the Conservation and Recreation Lands Trust Fund for fiscal
13282  years 1994-1995, 1995-1996, and 1996-1997, $4 million shall be
13283  reserved each fiscal year to carry out the purposes of this
13284  section. To the extent practicable, moneys appropriated from the
13285  Conservation and Recreation Lands Trust Fund, Save Our Rivers
13286  Trust Fund, and Florida Communities Trust Fund shall be used to
13287  acquire lands, or interests or rights in lands, on the
13288  Conservation and Recreation Lands, Save Our Rivers, or Florida
13289  Communities Trust land acquisition plans or lists, as defined in
13290  s. 259.035, or a land acquisition plan under s. 373.59 or s.
13291  380.508. However, nothing in this subsection prohibits the Green
13292  Swamp Land Authority from entering into land protection
13293  agreements with any property owner whose property is not on any
13294  of such lists. From sums appropriated to the Department of
13295  Environmental Protection from the Water Management District
13296  Lands Trust Fund for fiscal years 1994-1995, 1995-1996, and
13297  1996-1997, $3 million shall be reserved each fiscal year to
13298  carry out the purposes of this section. Such amounts as are used
13299  from the Water Management District Lands Trust Fund shall be
13300  credited against the allocations as provided in s. 373.59 to the
13301  St. Johns River Water Management District or the Southwest
13302  Florida Water Management District in proportion to the amount of
13303  lands for which an interest was acquired, and shall not be
13304  required by a district for debt service payments or land
13305  management purposes. From funds appropriated to the Department
13306  of Community Affairs for the Florida Communities Trust Program
13307  from the Preservation 2000 Trust Fund for fiscal years 1994-1995
13308  through 1999-2000, $3 million shall be reserved each fiscal year
13309  to carry out the purposes of this section. Appropriations
13310  identified pursuant to this subsection shall fund the
13311  acquisition of lands, or the interests or rights in lands, and
13312  related costs of acquisition. Such funds shall be available for
13313  expenditure after the land authority has adopted rules to begin
13314  its program. Funds reserved pursuant to this subsection, for
13315  each of the referenced fiscal years, shall remain available for
13316  the purposes specified in this subsection for 24 months from the
13317  date on which such funds become available for disbursement.
13318  After such time has elapsed, any funds which are not legally
13319  obligated for expenditure shall be released for the lawful
13320  purposes for which they were otherwise appropriated.
13321         Section 261. Section 380.285, Florida Statutes, is amended
13322  to read:
13323         380.285 Lighthouses; study; preservation; funding.—The
13324  Department of Community Affairs and the Division of Historical
13325  Resources of the Department of State shall undertake a study of
13326  the lighthouses in the state. The study must determine the
13327  location, ownership, condition, and historical significance of
13328  all lighthouses in the state and ensure that all historically
13329  significant lighthouses are nominated for inclusion on the
13330  National Register of Historic Places. The study must assess the
13331  condition and restoration needs of historic lighthouses and
13332  develop plans for appropriate future public access and use. The
13333  Division of Historical Resources shall take a leadership role in
13334  implementing plans to stabilize lighthouses and associated
13335  structures and to preserve and protect them from future
13336  deterioration. When possible, the lighthouses and associated
13337  buildings should be made available to the public for educational
13338  and recreational purposes. The Department of State shall request
13339  in its annual legislative budget requests funding necessary to
13340  carry out the duties and responsibilities specified in this act.
13341  Funds for the rehabilitation of lighthouses should be allocated
13342  through matching grants-in-aid to state and local government
13343  agencies and to nonprofit organizations. The Department of
13344  Environmental Protection may assist the Division of Historical
13345  Resources in projects to accomplish the goals and activities
13346  described in this section.
13347         Section 262. Subsection (2) of section 380.503, Florida
13348  Statutes, is amended to read:
13349         380.503 Definitions.—As used in ss. 380.501-380.515, unless
13350  the context indicates a different meaning or intent:
13351         (2) “Department” means the Department of Environmental
13352  Protection Community Affairs.
13353         Section 263. Subsection (1) of section 380.504, Florida
13354  Statutes, is amended to read:
13355         380.504 Florida Communities Trust; creation; membership;
13356  expenses.—
13357         (1) There is created within the Department of Environmental
13358  Protection the Department of Community Affairs a nonregulatory
13359  state agency and instrumentality, which shall be a public body
13360  corporate and politic, known as the “Florida Communities Trust.”
13361  The governing body of the trust shall consist of:
13362         (a) The Secretary of Community Affairs and the Secretary of
13363  Environmental Protection; and
13364         (b) Four public members whom the Governor shall appoint
13365  subject to Senate confirmation.
13366  
13367  The Governor shall appoint a former elected official of a county
13368  government, a former elected official of a metropolitan
13369  municipal government, a representative of a nonprofit
13370  organization as defined in this part, and a representative of
13371  the development industry. The Secretary of Community Affairs may
13372  designate his or her assistant secretary or the director of the
13373  Division of Community Planning to serve in his or her absence.
13374  The Secretary of Environmental Protection may appoint his or her
13375  deputy secretary, the director of the Division of State Lands,
13376  or the director of the Division of Recreation and Parks to serve
13377  in his or her absence. The Secretary of Environmental Protection
13378  Secretary of Community Affairs shall be the chair of the
13379  governing body of the trust. The Governor shall make his or her
13380  appointments upon the expiration of any current terms or within
13381  60 days after the effective date of the resignation of any
13382  member.
13383         Section 264. Subsection (1) of section 380.5115, Florida
13384  Statutes, is amended to read:
13385         380.5115 Florida Forever Program Trust Fund of the
13386  Department of Environmental Protection Community Affairs.—
13387         (1) There is created a Florida Forever Program Trust Fund
13388  within the department of Community Affairs to further the
13389  purposes of this part as specified in s. 259.105(3)(c) and (j).
13390  The trust fund shall receive funds pursuant to s. 259.105(3)(c)
13391  and (j).
13392         Section 265. Paragraph (e) of subsection (1) of section
13393  381.0054, Florida Statutes, is amended to read:
13394         381.0054 Healthy lifestyles promotion.—
13395         (1) The Department of Health shall promote healthy
13396  lifestyles to reduce the prevalence of excess weight gain and
13397  obesity in Florida by implementing appropriate physical activity
13398  and nutrition programs that are directed towards all Floridians
13399  by:
13400         (e) Partnering with the Department of Education, school
13401  districts, and Enterprise Florida, Inc., the Florida Sports
13402  Foundation to develop a program that recognizes schools whose
13403  students demonstrate excellent physical fitness or fitness
13404  improvement.
13405         Section 266. Subsection (6) of section 381.0086, Florida
13406  Statutes, is amended to read:
13407         381.0086 Rules; variances; penalties.—
13408         (6) For the purposes of filing an interstate clearance
13409  order with the Department of Economic Opportunity Agency for
13410  Workforce Innovation, if the housing is covered by 20 C.F.R.
13411  part 654, subpart E, no permanent structural variance referred
13412  to in subsection (2) is allowed.
13413         Section 267. Paragraph (e) of subsection (2) and paragraph
13414  (b) of subsection (5) of section 381.0303, Florida Statutes, are
13415  amended to read:
13416         381.0303 Special needs shelters.—
13417         (2) SPECIAL NEEDS SHELTER PLAN; STAFFING; STATE AGENCY
13418  ASSISTANCE.—If funds have been appropriated to support disaster
13419  coordinator positions in county health departments:
13420         (e) The Secretary of Elderly Affairs, or his or her
13421  designee, shall convene, at any time that he or she deems
13422  appropriate and necessary, a multiagency special needs shelter
13423  discharge planning team to assist local areas that are severely
13424  impacted by a natural or manmade disaster that requires the use
13425  of special needs shelters. Multiagency special needs shelter
13426  discharge planning teams shall provide assistance to local
13427  emergency management agencies with the continued operation or
13428  closure of the shelters, as well as with the discharge of
13429  special needs clients to alternate facilities if necessary.
13430  Local emergency management agencies may request the assistance
13431  of a multiagency special needs shelter discharge planning team
13432  by alerting statewide emergency management officials of the
13433  necessity for additional assistance in their area. The Secretary
13434  of Elderly Affairs is encouraged to proactively work with other
13435  state agencies prior to any natural disasters for which warnings
13436  are provided to ensure that multiagency special needs shelter
13437  discharge planning teams are ready to assemble and deploy
13438  rapidly upon a determination by state emergency management
13439  officials that a disaster area requires additional assistance.
13440  The Secretary of Elderly Affairs may call upon any state agency
13441  or office to provide staff to assist a multiagency special needs
13442  shelter discharge planning team. Unless the secretary determines
13443  that the nature or circumstances surrounding the disaster do not
13444  warrant participation from a particular agency’s staff, each
13445  multiagency special needs shelter discharge planning team shall
13446  include at least one representative from each of the following
13447  state agencies:
13448         1. Department of Elderly Affairs.
13449         2. Department of Health.
13450         3. Department of Children and Family Services.
13451         4. Department of Veterans’ Affairs.
13452         5. Division of Emergency Management Department of Community
13453  Affairs.
13454         6. Agency for Health Care Administration.
13455         7. Agency for Persons with Disabilities.
13456         (5) SPECIAL NEEDS SHELTER INTERAGENCY COMMITTEE.—The State
13457  Surgeon General may establish a special needs shelter
13458  interagency committee and serve as, or appoint a designee to
13459  serve as, the committee’s chair. The department shall provide
13460  any necessary staff and resources to support the committee in
13461  the performance of its duties. The committee shall address and
13462  resolve problems related to special needs shelters not addressed
13463  in the state comprehensive emergency medical plan and shall
13464  consult on the planning and operation of special needs shelters.
13465         (b) The special needs shelter interagency committee shall
13466  be composed of representatives of emergency management, health,
13467  medical, and social services organizations. Membership shall
13468  include, but shall not be limited to, representatives of the
13469  Departments of Health, Community Affairs, Children and Family
13470  Services, Elderly Affairs, and Education; the Agency for Health
13471  Care Administration; the Division of Emergency Management; the
13472  Florida Medical Association; the Florida Osteopathic Medical
13473  Association; Associated Home Health Industries of Florida, Inc.;
13474  the Florida Nurses Association; the Florida Health Care
13475  Association; the Florida Assisted Living Affiliation; the
13476  Florida Hospital Association; the Florida Statutory Teaching
13477  Hospital Council; the Florida Association of Homes for the
13478  Aging; the Florida Emergency Preparedness Association; the
13479  American Red Cross; Florida Hospices and Palliative Care, Inc.;
13480  the Association of Community Hospitals and Health Systems; the
13481  Florida Association of Health Maintenance Organizations; the
13482  Florida League of Health Systems; the Private Care Association;
13483  the Salvation Army; the Florida Association of Aging Services
13484  Providers; the AARP; and the Florida Renal Coalition.
13485         Section 268. Subsection (3) of section 381.7354, Florida
13486  Statutes, is amended to read:
13487         381.7354 Eligibility.—
13488         (3) In addition to the grants awarded under subsections (1)
13489  and (2), up to 20 percent of the funding for the Reducing Racial
13490  and Ethnic Health Disparities: Closing the Gap grant program
13491  shall be dedicated to projects that address improving racial and
13492  ethnic health status within specific Front Porch Florida
13493  Communities, as designated pursuant to s. 20.18(6).
13494         Section 269. Paragraph (b) of subsection (1) and subsection
13495  (2) of section 383.14, Florida Statutes, are amended to read:
13496         383.14 Screening for metabolic disorders, other hereditary
13497  and congenital disorders, and environmental risk factors.—
13498         (1) SCREENING REQUIREMENTS.—To help ensure access to the
13499  maternal and child health care system, the Department of Health
13500  shall promote the screening of all newborns born in Florida for
13501  metabolic, hereditary, and congenital disorders known to result
13502  in significant impairment of health or intellect, as screening
13503  programs accepted by current medical practice become available
13504  and practical in the judgment of the department. The department
13505  shall also promote the identification and screening of all
13506  newborns in this state and their families for environmental risk
13507  factors such as low income, poor education, maternal and family
13508  stress, emotional instability, substance abuse, and other high
13509  risk conditions associated with increased risk of infant
13510  mortality and morbidity to provide early intervention,
13511  remediation, and prevention services, including, but not limited
13512  to, parent support and training programs, home visitation, and
13513  case management. Identification, perinatal screening, and
13514  intervention efforts shall begin prior to and immediately
13515  following the birth of the child by the attending health care
13516  provider. Such efforts shall be conducted in hospitals,
13517  perinatal centers, county health departments, school health
13518  programs that provide prenatal care, and birthing centers, and
13519  reported to the Office of Vital Statistics.
13520         (b) Postnatal screening.—A risk factor analysis using the
13521  department’s designated risk assessment instrument shall also be
13522  conducted as part of the medical screening process upon the
13523  birth of a child and submitted to the department’s Office of
13524  Vital Statistics for recording and other purposes provided for
13525  in this chapter. The department’s screening process for risk
13526  assessment shall include a scoring mechanism and procedures that
13527  establish thresholds for notification, further assessment,
13528  referral, and eligibility for services by professionals or
13529  paraprofessionals consistent with the level of risk. Procedures
13530  for developing and using the screening instrument, notification,
13531  referral, and care coordination services, reporting
13532  requirements, management information, and maintenance of a
13533  computer-driven registry in the Office of Vital Statistics which
13534  ensures privacy safeguards must be consistent with the
13535  provisions and plans established under chapter 411, Pub. L. No.
13536  99-457, and this chapter. Procedures established for reporting
13537  information and maintaining a confidential registry must include
13538  a mechanism for a centralized information depository at the
13539  state and county levels. The department shall coordinate with
13540  existing risk assessment systems and information registries. The
13541  department must ensure, to the maximum extent possible, that the
13542  screening information registry is integrated with the
13543  department’s automated data systems, including the Florida On
13544  line Recipient Integrated Data Access (FLORIDA) system. Tests
13545  and screenings must be performed by the State Public Health
13546  Laboratory, in coordination with Children’s Medical Services, at
13547  such times and in such manner as is prescribed by the department
13548  after consultation with the Genetics and Newborn Infant
13549  Screening Advisory Council and the Office of Early Learning
13550  Agency for Workforce Innovation.
13551         (2) RULES.—After consultation with the Genetics and Newborn
13552  Screening Advisory Council, the department shall adopt and
13553  enforce rules requiring that every newborn in this state shall,
13554  prior to becoming 1 week of age, be subjected to a test for
13555  phenylketonuria and, at the appropriate age, be tested for such
13556  other metabolic diseases and hereditary or congenital disorders
13557  as the department may deem necessary from time to time. After
13558  consultation with the Office of Early Learning Agency for
13559  Workforce Innovation, the department shall also adopt and
13560  enforce rules requiring every newborn in this state to be
13561  screened for environmental risk factors that place children and
13562  their families at risk for increased morbidity, mortality, and
13563  other negative outcomes. The department shall adopt such
13564  additional rules as are found necessary for the administration
13565  of this section and s. 383.145, including rules providing
13566  definitions of terms, rules relating to the methods used and
13567  time or times for testing as accepted medical practice
13568  indicates, rules relating to charging and collecting fees for
13569  the administration of the newborn screening program authorized
13570  by this section, rules for processing requests and releasing
13571  test and screening results, and rules requiring mandatory
13572  reporting of the results of tests and screenings for these
13573  conditions to the department.
13574         Section 270. Subsection (8) of section 393.067, Florida
13575  Statutes, is amended to read:
13576         393.067 Facility licensure.—
13577         (8) The agency, after consultation with the Division of
13578  Emergency Management Department of Community Affairs, shall
13579  adopt rules for foster care facilities, group home facilities,
13580  and residential habilitation centers which establish minimum
13581  standards for the preparation and annual update of a
13582  comprehensive emergency management plan. At a minimum, the rules
13583  must provide for plan components that address emergency
13584  evacuation transportation; adequate sheltering arrangements;
13585  postdisaster activities, including emergency power, food, and
13586  water; postdisaster transportation; supplies; staffing;
13587  emergency equipment; individual identification of residents and
13588  transfer of records; and responding to family inquiries. The
13589  comprehensive emergency management plan for all comprehensive
13590  transitional education programs and for homes serving
13591  individuals who have complex medical conditions is subject to
13592  review and approval by the local emergency management agency.
13593  During its review, the local emergency management agency shall
13594  ensure that the agency and the Division of Emergency Management
13595  Department of Community Affairs, at a minimum, are given the
13596  opportunity to review the plan. Also, appropriate volunteer
13597  organizations must be given the opportunity to review the plan.
13598  The local emergency management agency shall complete its review
13599  within 60 days and either approve the plan or advise the
13600  facility of necessary revisions.
13601         Section 271. Paragraph (c) of subsection (1) of section
13602  395.1055, Florida Statutes, is amended to read:
13603         395.1055 Rules and enforcement.—
13604         (1) The agency shall adopt rules pursuant to ss. 120.536(1)
13605  and 120.54 to implement the provisions of this part, which shall
13606  include reasonable and fair minimum standards for ensuring that:
13607         (c) A comprehensive emergency management plan is prepared
13608  and updated annually. Such standards must be included in the
13609  rules adopted by the agency after consulting with the Division
13610  of Emergency Management Department of Community Affairs. At a
13611  minimum, the rules must provide for plan components that address
13612  emergency evacuation transportation; adequate sheltering
13613  arrangements; postdisaster activities, including emergency
13614  power, food, and water; postdisaster transportation; supplies;
13615  staffing; emergency equipment; individual identification of
13616  residents and transfer of records, and responding to family
13617  inquiries. The comprehensive emergency management plan is
13618  subject to review and approval by the local emergency management
13619  agency. During its review, the local emergency management agency
13620  shall ensure that the following agencies, at a minimum, are
13621  given the opportunity to review the plan: the Department of
13622  Elderly Affairs, the Department of Health, the Agency for Health
13623  Care Administration, and the Division of Emergency Management
13624  Department of Community Affairs. Also, appropriate volunteer
13625  organizations must be given the opportunity to review the plan.
13626  The local emergency management agency shall complete its review
13627  within 60 days and either approve the plan or advise the
13628  facility of necessary revisions.
13629         Section 272. Paragraph (a) of subsection (1) of section
13630  395.1056, Florida Statutes, is amended to read:
13631         395.1056 Plan components addressing a hospital’s response
13632  to terrorism; public records exemption; public meetings
13633  exemption.—
13634         (1)(a) Those portions of a comprehensive emergency
13635  management plan that address the response of a public or private
13636  hospital to an act of terrorism as defined by s. 775.30 held by
13637  the agency, a state or local law enforcement agency, a county or
13638  municipal emergency management agency, the Executive Office of
13639  the Governor, the Department of Health, or the Division of
13640  Emergency Management Department of Community Affairs are
13641  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
13642  of the State Constitution.
13643         Section 273. Paragraph (c) of subsection (14) of section
13644  397.321, Florida Statutes, is amended to read:
13645         397.321 Duties of the department.—The department shall:
13646         (14) In cooperation with service providers, foster and
13647  actively seek additional funding to enhance resources for
13648  prevention, intervention, clinical treatment, and recovery
13649  support services, including, but not limited to, the development
13650  of partnerships with:
13651         (c) State agencies, including, but not limited to, the
13652  Department of Corrections, the Department of Education, the
13653  Department of Juvenile Justice, the Department of Community
13654  Affairs, the Department of Elderly Affairs, the Department of
13655  Health, the Department of Financial Services, and the Agency for
13656  Health Care Administration.
13657         Section 274. Subsection (1) of section 397.801, Florida
13658  Statutes, is amended to read:
13659         397.801 Substance abuse impairment coordination.—
13660         (1) The Department of Children and Family Services, the
13661  Department of Education, the Department of Corrections, the
13662  Department of Community Affairs, and the Department of Law
13663  Enforcement each shall appoint a policy level staff person to
13664  serve as the agency substance abuse impairment coordinator. The
13665  responsibilities of the agency coordinator include interagency
13666  and intraagency coordination, collection and dissemination of
13667  agency-specific data relating to substance abuse impairment, and
13668  participation in the development of the state comprehensive plan
13669  for substance abuse impairment.
13670         Section 275. Paragraph (g) of subsection (2) of section
13671  400.23, Florida Statutes, is amended to read:
13672         400.23 Rules; evaluation and deficiencies; licensure
13673  status.—
13674         (2) Pursuant to the intention of the Legislature, the
13675  agency, in consultation with the Department of Health and the
13676  Department of Elderly Affairs, shall adopt and enforce rules to
13677  implement this part and part II of chapter 408, which shall
13678  include reasonable and fair criteria in relation to:
13679         (g) The preparation and annual update of a comprehensive
13680  emergency management plan. The agency shall adopt rules
13681  establishing minimum criteria for the plan after consultation
13682  with the Division of Emergency Management Department of
13683  Community Affairs. At a minimum, the rules must provide for plan
13684  components that address emergency evacuation transportation;
13685  adequate sheltering arrangements; postdisaster activities,
13686  including emergency power, food, and water; postdisaster
13687  transportation; supplies; staffing; emergency equipment;
13688  individual identification of residents and transfer of records;
13689  and responding to family inquiries. The comprehensive emergency
13690  management plan is subject to review and approval by the local
13691  emergency management agency. During its review, the local
13692  emergency management agency shall ensure that the following
13693  agencies, at a minimum, are given the opportunity to review the
13694  plan: the Department of Elderly Affairs, the Department of
13695  Health, the Agency for Health Care Administration, and the
13696  Division of Emergency Management Department of Community
13697  Affairs. Also, appropriate volunteer organizations must be given
13698  the opportunity to review the plan. The local emergency
13699  management agency shall complete its review within 60 days and
13700  either approve the plan or advise the facility of necessary
13701  revisions.
13702         Section 276. Paragraph (a) of subsection (10) of section
13703  400.497, Florida Statutes, is amended to read:
13704         400.497 Rules establishing minimum standards.—The agency
13705  shall adopt, publish, and enforce rules to implement part II of
13706  chapter 408 and this part, including, as applicable, ss. 400.506
13707  and 400.509, which must provide reasonable and fair minimum
13708  standards relating to:
13709         (10) Preparation of a comprehensive emergency management
13710  plan pursuant to s. 400.492.
13711         (a) The Agency for Health Care Administration shall adopt
13712  rules establishing minimum criteria for the plan and plan
13713  updates, with the concurrence of the Department of Health and in
13714  consultation with the Division of Emergency Management
13715  Department of Community Affairs.
13716         Section 277. Paragraph (f) of subsection (12) of section
13717  400.506, Florida Statutes, is amended to read:
13718         400.506 Licensure of nurse registries; requirements;
13719  penalties.—
13720         (12) Each nurse registry shall prepare and maintain a
13721  comprehensive emergency management plan that is consistent with
13722  the criteria in this subsection and with the local special needs
13723  plan. The plan shall be updated annually. The plan shall include
13724  the means by which the nurse registry will continue to provide
13725  the same type and quantity of services to its patients who
13726  evacuate to special needs shelters which were being provided to
13727  those patients prior to evacuation. The plan shall specify how
13728  the nurse registry shall facilitate the provision of continuous
13729  care by persons referred for contract to persons who are
13730  registered pursuant to s. 252.355 during an emergency that
13731  interrupts the provision of care or services in private
13732  residences. Nurse registries may establish links to local
13733  emergency operations centers to determine a mechanism by which
13734  to approach specific areas within a disaster area in order for a
13735  provider to reach its clients. Nurse registries shall
13736  demonstrate a good faith effort to comply with the requirements
13737  of this subsection by documenting attempts of staff to follow
13738  procedures outlined in the nurse registry’s comprehensive
13739  emergency management plan which support a finding that the
13740  provision of continuing care has been attempted for patients
13741  identified as needing care by the nurse registry and registered
13742  under s. 252.355 in the event of an emergency under this
13743  subsection.
13744         (f) The Agency for Health Care Administration shall adopt
13745  rules establishing minimum criteria for the comprehensive
13746  emergency management plan and plan updates required by this
13747  subsection, with the concurrence of the Department of Health and
13748  in consultation with the Division of Emergency Management
13749  Department of Community Affairs.
13750         Section 278. Paragraph (h) of subsection (1) of section
13751  400.605, Florida Statutes, is amended to read:
13752         400.605 Administration; forms; fees; rules; inspections;
13753  fines.—
13754         (1) The agency, in consultation with the department, may
13755  adopt rules to administer the requirements of part II of chapter
13756  408. The department, in consultation with the agency, shall by
13757  rule establish minimum standards and procedures for a hospice
13758  pursuant to this part. The rules must include:
13759         (h) Components of a comprehensive emergency management
13760  plan, developed in consultation with the Department of Health,
13761  the Department of Elderly Affairs, and the Division of Emergency
13762  Management Department of Community Affairs.
13763         Section 279. Subsection (9) of section 400.935, Florida
13764  Statutes, is amended to read:
13765         400.935 Rules establishing minimum standards.—The agency
13766  shall adopt, publish, and enforce rules to implement this part
13767  and part II of chapter 408, which must provide reasonable and
13768  fair minimum standards relating to:
13769         (9) Preparation of the comprehensive emergency management
13770  plan under s. 400.934 and the establishment of minimum criteria
13771  for the plan, including the maintenance of patient equipment and
13772  supply lists that can accompany patients who are transported
13773  from their homes. Such rules shall be formulated in consultation
13774  with the Department of Health and the Division of Emergency
13775  Management Department of Community Affairs.
13776         Section 280. Paragraph (g) of subsection (2) of section
13777  400.967, Florida Statutes, is amended to read:
13778         400.967 Rules and classification of deficiencies.—
13779         (2) Pursuant to the intention of the Legislature, the
13780  agency, in consultation with the Agency for Persons with
13781  Disabilities and the Department of Elderly Affairs, shall adopt
13782  and enforce rules to administer this part and part II of chapter
13783  408, which shall include reasonable and fair criteria governing:
13784         (g) The preparation and annual update of a comprehensive
13785  emergency management plan. The agency shall adopt rules
13786  establishing minimum criteria for the plan after consultation
13787  with the Division of Emergency Management Department of
13788  Community Affairs. At a minimum, the rules must provide for plan
13789  components that address emergency evacuation transportation;
13790  adequate sheltering arrangements; postdisaster activities,
13791  including emergency power, food, and water; postdisaster
13792  transportation; supplies; staffing; emergency equipment;
13793  individual identification of residents and transfer of records;
13794  and responding to family inquiries. The comprehensive emergency
13795  management plan is subject to review and approval by the local
13796  emergency management agency. During its review, the local
13797  emergency management agency shall ensure that the following
13798  agencies