Florida Senate - 2011                (Corrected Copy)    SB 2156
       
       
       
       By the Committee on Budget
       
       
       
       
       576-03583A-11                                         20112156__
    1                        A bill to be entitled                      
    2         An act relating to governmental reorganization;
    3         transferring the functions and trust funds of the
    4         Agency for Workforce Innovation to other agencies;
    5         transferring the Office of Early Learning Services to
    6         the Department of Education; transferring the Office
    7         of Unemployment Compensation to Jobs Florida;
    8         transferring the Office of Workforce Services to Jobs
    9         Florida; transferring the functions and trust funds of
   10         the Department of Community Affairs to other agencies;
   11         transferring the Florida Housing Finance Corporation
   12         to Jobs Florida; transferring the Division of Housing
   13         and Community Development to Jobs Florida;
   14         transferring the Division of Community Planning to
   15         Jobs Florida; transferring the Division of Emergency
   16         Management to the Executive Office of the Governor and
   17         renaming it as the “Office of Emergency Management”;
   18         transferring the Florida Building Commission to the
   19         Department of Business and Professional Regulation;
   20         transferring the responsibilities under the Florida
   21         Communities Trust to the Department of Environmental
   22         Protection; transferring the responsibilities under
   23         the Stan Mayfield Working Waterfronts program to the
   24         Department of Environmental Protection; transferring
   25         functions and trust funds of the Office of Tourism,
   26         Trade, and Economic Development in the Executive
   27         Office of the Governor to Jobs Florida; providing
   28         legislative intent with respect to the transfer of
   29         programs and administrative responsibilities;
   30         providing for a transition period; providing for
   31         coordination between the Agency for Workforce
   32         Innovation, the Department of Community Affairs, and
   33         the Office of Tourism, Trade, and Economic Development
   34         and other state agencies to implement the transition;
   35         requiring that the Governor appoint a representative
   36         to coordinate the transition plan; requiring that the
   37         Governor submit information and obtain waivers as
   38         required by federal law; authorizing the Governor to
   39         transfer funds and positions between agencies upon
   40         approval from the Legislative Budget Commission to
   41         implement the act; directing the nonprofit entities to
   42         enter into a plan for merger; transferring the
   43         functions of Space Florida to the Jobs Florida
   44         Partnership, Inc.; providing legislative intent with
   45         respect to the merger of Enterprise Florida, Inc., the
   46         Florida Sports Foundation Incorporated, the Florida
   47         Tourism Industry Marketing Corporation d/b/a VISIT
   48         Florida, and the Florida Black Business Investment
   49         Board, Inc., into and the transfer of Space Florida to
   50         the Jobs Florida Partnership, Inc.; providing for a
   51         transition period; requiring that the Governor appoint
   52         a representative to coordinate the transition plan;
   53         providing for the transfer of any funds held in trust
   54         by the entities to be transferred to the Jobs Florida
   55         Partnership, Inc., to be used for their original
   56         purposes; requiring that the Governor submit
   57         information and obtain waivers as required by federal
   58         law; providing a directive to the Division of
   59         Statutory Revision to prepare conforming legislation;
   60         creating s. 14.2016, F.S.; establishing the Office of
   61         Emergency Management as a separate budget entity
   62         within the Executive Office of the Governor; providing
   63         for the director of the office to serve at the
   64         pleasure of the Governor; amending s. 20.15, F.S.;
   65         establishing the Division of Early Learning within the
   66         Department of Education; providing for the office to
   67         administer the school readiness system and the
   68         Voluntary Prekindergarten Education Program; creating
   69         s. 20.60, F.S.; creating Jobs Florida as a new
   70         department of state government; providing for the
   71         commissioner of Jobs Florida to be appointed by the
   72         Governor and confirmed by the Senate; establishing
   73         divisions of Jobs Florida and specifying their
   74         responsibilities; providing for Jobs Florida to serve
   75         as the designated agency for the purposes of federal
   76         workforce development grants; authorizing Jobs Florida
   77         to contract for training for employees of
   78         administrative entities and case managers of
   79         contracted providers; specifying that the Unemployment
   80         Appeals Commission is not subject to control,
   81         supervision, or direction from Jobs Florida;
   82         specifying the responsibilities of the commissioner of
   83         Jobs Florida; limiting the amount of the
   84         commissioner’s public remuneration; specifying powers
   85         and responsibilities of the Chief Inspector General in
   86         the Executive Office of the Governor with respect to
   87         Jobs Florida; providing for Jobs Florida to have an
   88         official seal; providing for Jobs Florida to
   89         administer the role of state government with respect
   90         to laws relating to housing; authorizing Jobs Florida
   91         to adopt rules; amending s. 112.044, F.S.; requiring
   92         an employer, employment agency, and labor organization
   93         to post notices required by the United States
   94         Department of Labor and the United States Equal
   95         Employment Opportunity Commission; amending s.
   96         163.3164, F.S.; redefining the terms “state land
   97         planning agency” and “optional sector plans”; amending
   98         ss. 163.3177 and 163.3180, F.S.; deleting the word
   99         “optional” from the phrase “optional sector plans” to
  100         conform to changes made by the act; amending s.
  101         163.3184, F.S.; creating exceptions to requirements
  102         for comprehensive plan amendments to be reviewed by
  103         the state land planning agency; requiring the state
  104         land planning agency to submit a copy of a
  105         comprehensive plan or plan amendment that relates to
  106         or includes a public schools facilities element to the
  107         Department of Education; amending s. 163.3191, F.S.;
  108         creating exceptions to requirements for a local
  109         government to prepare an evaluation and appraisal
  110         report to assess progress in implementing the local
  111         government’s comprehensive plan; deleting requirements
  112         for a local government to include in an evaluation and
  113         appraisal report certain statements to update a
  114         comprehensive plan; deleting a requirement for a local
  115         government to provide a proposed evaluation and
  116         appraisal report to certain entities and interested
  117         citizens; deleting provisions relating to a
  118         requirement for a local government to adopt an
  119         evaluation and appraisal report; providing for the
  120         report to be submitted as data and analysis in support
  121         of the amendments based on evaluation and appraisal
  122         report; deleting provisions relating to the delegation
  123         of the review of evaluation and appraisal reports;
  124         authorizing the state land planning agency to
  125         establish a phased schedule for adoption of amendments
  126         based on an evaluation and appraisal report; deleting
  127         a requirement for the state land planning agency to
  128         review the evaluation and appraisal report process and
  129         submit a report to the Governor and the Legislature
  130         regarding its findings; amending s. 163.3245, F.S.;
  131         renaming optional sector plans as sector plans;
  132         increasing the minimum size of geographic areas that
  133         qualify for the use of sector plans; revising
  134         terminology relating to such plans; deleting obsolete
  135         provisions; renaming long-term conceptual buildout
  136         overlays as long-term master plans; revising the
  137         content required to be included in long-term master
  138         plans and detailed specified area plans; requiring
  139         identification of water development projects and
  140         transportation facilities to serve future development
  141         needs; exempting certain developments from the
  142         requirement to develop a detailed specific area plan;
  143         providing that detailed specific area plans shall be
  144         adopted by local development orders; requiring that
  145         detailed specific area plans include a buildout date
  146         and precluding certain changes in the development
  147         until after that date; authorizing certain development
  148         agreements between the developer and the local
  149         government; providing for continuation of certain
  150         existing land uses; amending s. 163.3246, F.S.;
  151         deleting the word “optional” from the phrase “optional
  152         sector plans” to conform to changes made by the act;
  153         amending s. 163.32465, F.S.; making the alternative
  154         state review of comprehensive plan amendments
  155         applicable statewide; amending s. 215.559, F.S.;
  156         providing for the Hurricane Loss Mitigation Program to
  157         be housed within the Office of Emergency Management;
  158         extending the repeal date of the program; deleting an
  159         obsolete provision relating to the use of funds for
  160         programs to retrofit certain existing hurricane
  161         shelters; creating s. 288.005, F.S.; defining the
  162         terms “economic benefits” and “commissioner”; creating
  163         s. 288.048, F.S.; creating the incumbent worker
  164         training program within Jobs Florida; providing for
  165         the program to provide preapproved, direct, training
  166         related costs; providing for the administration of the
  167         program by Jobs Florida in conjunction with Workforce
  168         Florida, Inc.; amending s. 288.061, F.S.; providing
  169         for Jobs Florida and the Jobs Florida Partnership,
  170         Inc., to review applications for state economic
  171         development incentives; authorizing Jobs Florida to
  172         enter into an agreement with an applicant relating to
  173         all incentives offered by the state; amending s.
  174         288.095, F.S.; providing for the Economic Development
  175         Incentives account to be used for certain economic
  176         development incentives programs; providing for Jobs
  177         Florida to approve applications for certification or
  178         requests for participation in certain economic
  179         development programs; amending s. 288.1081, F.S.;
  180         providing for the Economic Gardening Business Loan
  181         Pilot Program to be administered by Jobs Florida;
  182         deleting provisions providing for certain funds to be
  183         deposited into the General Revenue Fund; deleting
  184         provisions that provide for the future repeal of the
  185         program; amending s. 288.1082, F.S.; providing for the
  186         Economic Gardening Technical Assistance Pilot Program
  187         to be administered by Jobs Florida; requesting the
  188         Division of Statutory Revision to rename part VII of
  189         ch. 288, F.S., as “Jobs Florida Partnership, Inc.”;
  190         amending s. 288.901, F.S.; creating the Jobs Florida
  191         Partnership, Inc., as a nonprofit corporation;
  192         specifying that the partnership is subject to the
  193         provisions of chs. 119 and 286, F.S.; specifying that
  194         the partnership’s board of directors is subject to
  195         certain requirements in ch. 112, F.S.; specifying the
  196         purposes of the partnership; creating the board of
  197         directors for the partnership; naming the Governor as
  198         chair of the board of directors; specifying
  199         appointment procedures, terms of office, selecting a
  200         vice chairperson, filling vacancies, and removing
  201         board members; providing for the appointment of at
  202         large members to the board of directors; specifying
  203         terms; allowing the at-large members to make
  204         contributions to the partnership; specifying that the
  205         commissioner of Jobs Florida and the chairs of the
  206         advisory councils for each division shall serve as ex
  207         officio, nonvoting members of the board of directors;
  208         specifying that members of the board of directors
  209         shall serve without compensation, but are entitled to
  210         reimbursement for all reasonable, necessary, and
  211         actual expenses as determined by the board of
  212         directors; amending s. 288.9015, F.S.; specifying the
  213         powers of the partnership and the board of directors;
  214         authorizing liberal construction of the partnership’s
  215         statutory powers; prohibiting the partnership from
  216         pledging the full faith and credit of the state;
  217         allowing the partnership to indemnify, purchase, and
  218         maintain insurance on its board members, officers, and
  219         employees; amending s. 288.903, F.S.; specifying the
  220         duties of the partnership; amending s. 288.904, F.S.;
  221         providing for legislative appropriations; requiring a
  222         private match equal to at least 35 percent of the
  223         appropriation of public funds; specifying potential
  224         sources of private funding; directing the board of
  225         directors to develop annual budgets; providing for the
  226         partnership to enter into an agreement with Jobs
  227         Florida; requiring performance measures; requiring
  228         review of the partnership’s activities as a return on
  229         the public’s financial investment; directing the
  230         partnership to consult with the Office of Economic and
  231         Demographic Research when hiring an economic analysis
  232         firm to prepare the return on investment analysis and
  233         when hiring a survey research firm to develop, analyze
  234         and report on the results of its customer satisfaction
  235         survey; amending s. 288.905, F.S.; directing the
  236         partnership’s board of directors to hire a president,
  237         who shall serve at the pleasure of the Governor;
  238         defining the president’s role and responsibilities;
  239         specifying that no employee of the partnership shall
  240         earn more than the Governor, but provides for the
  241         granting of performance-based incentive payments to
  242         employees that may increase their total compensation
  243         in excess of the Governor’s; amending s. 288.906,
  244         F.S.; requiring the partnership to prepare an annual
  245         report by December 1 of each year; specifying the
  246         content of the annual report; creating s. 288.907,
  247         F.S.; requiring the partnership to create an annual
  248         incentives report; specifying the required components
  249         of the report; amending s. 288.911, F.S.; requiring
  250         the partnership to promote and market this state to
  251         businesses in target industries and high-impact
  252         industries; creating s. 288.912, F.S.; requiring that
  253         certain counties and municipalities annually provide
  254         to the partnership an overview of certain local
  255         economic development activities; creating s. 288.92,
  256         F.S.; specifying divisions within the partnership;
  257         providing for hiring of staff; requiring each division
  258         to have a 15-member advisory council; specifying
  259         selection and appointments to the advisory council;
  260         creating s. 288.921, F.S.; creating the Division of
  261         International Trade and Business Development;
  262         specifying its responsibilities; providing for
  263         administration of a grant program; specifying minimum
  264         responsibilities of the advisory board; requiring an
  265         annual report; creating s. 288.922, F.S.; creating the
  266         Division of Business Retention and Recruitment;
  267         specifying its responsibilities; specifying minimum
  268         responsibilities of the advisory board; requiring an
  269         annual report; creating s. 288.923, F.S.; creating the
  270         Division of Tourism Marketing; providing definitions;
  271         specifying the division’s responsibilities and duties,
  272         including a 4-year marketing plan; specifying minimum
  273         responsibilities of the advisory board; requiring an
  274         annual report; creating s. 288.925, F.S.; creating the
  275         Division of Minority Business Development; specifying
  276         the division’s responsibilities and duties; requiring
  277         an annual report; specifying minimum responsibilities
  278         of the advisory council; transferring, renumbering,
  279         and amending s. 288.1229, F.S.; creating the Division
  280         of Sports Industry Development; specifying the
  281         division’s responsibilities; requiring an annual
  282         report; specifying minimum responsibilities of the
  283         advisory board; advisory board; amending s. 290.0055,
  284         F.S.; authorizing certain governing bodies to apply to
  285         Jobs Florida to amend the boundary of an enterprise
  286         zone that includes a rural area of critical economic
  287         concern; providing a limitation; authorizing Jobs
  288         Florida to approve the amendment application subject
  289         to certain requirements; requiring that Jobs Florida
  290         establish the effective date of certain enterprise
  291         zones; creating s. 290.00726, F.S.; authorizing Martin
  292         County to apply to Jobs Florida for designation of an
  293         enterprise zone; providing application requirements;
  294         authorizing Jobs Florida to designate an enterprise
  295         zone in Martin County; providing responsibilities of
  296         Jobs Florida; amending s. 409.942, F.S.; deleting
  297         amending s. 409.942, F.S.; deleting requirements that
  298         Workforce Florida, Inc., establish an electronic
  299         transfer benefit program; amending s. 411.0102, F.S.;
  300         requiring each participating early learning coalition
  301         board to develop a plan for the use of child care
  302         purchasing pool funds; amending s. 1002.73, F.S.;
  303         requiring the Department of Education to administer
  304         the operational requirements of the Voluntary
  305         Prekindergarten Education Program; requiring the
  306         Department of Education to adopt procedures governing
  307         the administration of the Voluntary Prekindergarten
  308         Education Program by the early learning coalitions and
  309         school districts; requiring the Department of
  310         Education to adopt procedures for the distribution of
  311         funds to early learning coalitions; amending ss.
  312         11.45, 14.20195, 15.18, 15.182, 16.615, 39.001,
  313         45.031, 69.041, 112.3135, 119.071, 120.80, 125.01045,
  314         159.803, 159.8081, 159.8083, 161.54, 163.03, 163.3178,
  315         163.3221, 163.360, 166.0446, 175.021, 186.504,
  316         186.505, 202.037, 212.08, 212.096, 212.097, 212.098,
  317         212.20, 213.053, 215.5586, 216.136, 216.292, 216.231,
  318         218.64, 220.03, 220.183, 220.191, 222.15, 250.06,
  319         252.32, 252.34, 252.35, 252.355, 252.3568, 252.36,
  320         252.365, 252.37, 252.371, 252.373, 252.38, 252.385,
  321         252.40, 252.41, 252.42, 252.43, 252.44, 252.46,
  322         252.55, 252.60, 252.61, 252.82, 252.83, 252.85,
  323         252.86, 252.87, 252.88, 252.936, 252.937, 252.943,
  324         252.946, 255.099, 259.035, 260.0142, 272.11, 282.34,
  325         282.709, 287.09431, 287.09451, 287.0947, 288.012,
  326         288.017, 288.018, 288.019, 288.021, 288.035, 288.047,
  327         288.065, 288.0655, 288.0656, 288.06561, 288.0657,
  328         288.0658, 288.0659, 288.075, 288.1045, 288.106,
  329         288.107, 288.108, 288.1083, 288.1088, 288.1089,
  330         288.1095, 288.1162, 288.11621, 288.1168, 288.1169,
  331         288.1171, 288.122, 288.12265, 288.124, 288.1251,
  332         288.1252, 288.1253, 288.1254, 288.386, 288.7011,
  333         288.7015, 288.705, 288.706, 288.7094, 288.7102,
  334         288.714, 288.773, 288.774, 288.776, 288.7771, 288.816,
  335         288.809, 288.826, 288.95155, 288.955, 288.9519,
  336         288.9520, 288.9603, 288.9604, 288.9605, 288.9606,
  337         288.9614, 288.9624, 288.9625, 288.975, 288.980,
  338         288.984, 288.9913, 288.9914, 288.9916, 288.9917,
  339         288.9918, 288.9919, 288.9920, 288.9921, 290.004,
  340         290.0055, 290.0056, 290.0065, 290.0066, 290.00710,
  341         290.0072, 290.00725, 290.0073, 290.0074, 290.0077,
  342         290.014, 311.09, 311.11, 311.115, 311.22, 320.08058,
  343         331.302, 331.3081, 331.369, 339.08, 339.135, 364.0135,
  344         377.703, 377.711, 377.712, 377.804, 380.031, 380.06,
  345         380.115, 380.285, 381.0054, 381.0086, 381.7354,
  346         381.855, 383.14, 402.281, 402.45, 402.56, 403.42,
  347         403.7032, 403.973, 409.017, 409.1451, 409.2576,
  348         409.944, 409.946, 411.01, 411.0101, 411.01013,
  349         411.01014, 411.01015, 411.0103, 411.0104, 411.0106,
  350         411.011, 411.226, 411.227, 414.24, 414.40, 414.295,
  351         414.411, 420.631, 420.635, 429.907, 440.12, 440.15,
  352         440.381, 440.385, 440.49, 443.012, 443.036, 443.041,
  353         443.051, 443.071, 443.091, 443.101, 443.111, 443.1113,
  354         443.1115, 443.1116, 443.1215, 443.1216, 443.1217,
  355         443.131, 443.1312, 443.1313, 443.1315, 443.1316,
  356         443.1317, 443.141, 443.151, 443.163, 443.171,
  357         443.1715, 443.181, 443.191, 443.211, 443.221, 445.002,
  358         445.003, 445.004, 445.006, 445.007, 445.009, 445.016,
  359         445.024, 445.0325, 445.038, 445.045, 445.048, 445.049,
  360         445.051, 445.056, 446.41, 446.44, 446.50, 446.52,
  361         448.109, 448.110, 450.161, 450.191, 450.31, 464.203,
  362         468.529, 469.002, 469.003, 489.1455, 489.5335,
  363         526.143, 526.144, 551.104, 553.62, 570.248, 570.96,
  364         597.006, 624.5105, 625.3255, 627.0628, 657.042,
  365         658.67, 768.13, 943.03, 943.03101, 943.0311, 943.0312,
  366         943.0313, 944.012, 944.708, 944.801, 945.10, 985.601,
  367         1002.375, 1002.53, 1002.55, 1002.61, 1002.63, 1002.67,
  368         1002.69, 1002.71, 1002.72, 1002.77, 1002.79, 1003.491,
  369         1003.492, 1003.493, 1003.575, 1003.4285, 1003.493,
  370         1004.226, 1004.65, 1004.77, 1004.78, 1008.39, 1008.41,
  371         1011.76, and 1012.2251, F.S.; conforming provisions to
  372         changes made by the act; conforming cross-references;
  373         deleting obsolete provisions; transferring,
  374         renumbering, and amending ss. 20.505 and 1004.99,
  375         F.S.; conforming provisions to changes made by the
  376         act; repealing s. 14.2015, F.S., which relates to the
  377         creation of the Office of Tourism, Trade, and Economic
  378         Development; repealing s. 20.18, F.S., which relates
  379         to the creation of the Department of Community
  380         Affairs; repealing s. 20.50, F.S., which relates to
  381         the creation of the Agency for Workforce Innovation;
  382         repealing ss. 255.551, 255.552, 255.553, 255.5535,
  383         255.555, 255.556, 255.557, 255.5576, 255.558, 255.559,
  384         255.56, 255.561, 255.562, and 255.563, F.S., which
  385         relates to the abatement of asbestos in state
  386         buildings; repealing s. 287.115, F.S., which relates
  387         to a requirement for the Chief Financial Officer to
  388         submit a report on contractual service contracts
  389         disallowed; repealing s. 288.038, F.S., which relates
  390         to agreements appointing county tax collectors as an
  391         agent of the Department of Labor and Employment
  392         Security for licenses and other similar registrations;
  393         repealing s. 288.063, F.S., which relates to contracts
  394         for transportation projects with the Office of
  395         Tourism, Trade, and Economic Development; repealing
  396         ss. 288.1221, 288.1222, 288.1223, 288.1224, 288.1226,
  397         and 288.1227, F.S., which relate to the Florida
  398         Commission on Tourism and the Florida Tourism Industry
  399         Marketing Corporation; repealing ss. 288.7065,
  400         288.707, 288.708, 288.709, 288.7091, and 288.712,
  401         F.S., which relate to the Black Business Investment
  402         Board; repealing s. 288.12295, F.S., which relates to
  403         a public records exemption for donors for a direct
  404         support organization on promotion and development of
  405         sports-related industries and amateur athletics;
  406         repealing s. 288.90151, F.S., which relates to Return
  407         on investment from activities of Enterprise Florida,
  408         Inc.; repealing s. 288.9415, F.S., which relates to
  409         Enterprise Florida, Inc., and international trade
  410         grants; repealing s. 288.9618, F.S., which relates to
  411         an economic development program for microenterprises;
  412         repealing s. 288.982, F.S., which relates to a public
  413         records exemption for certain records relating to the
  414         United States Department of Defense Base Realignment
  415         and Closure 2005 process; repealing s. 411.0105, F.S.,
  416         which designates the Agency for Workforce Innovation
  417         as the lead agency to administer specified federal
  418         laws; repealing s. 446.60, F.S., which relates to
  419         assistance for displaced local exchange
  420         telecommunications company workers; repealing s.
  421         1002.75, F.S., relating to the powers and duties of
  422         the Agency for Workforce Innovation; providing an
  423         effective date.
  424  
  425  Be It Enacted by the Legislature of the State of Florida:
  426  
  427         Section 1. Type two transfers from the Agency for Workforce
  428  Innovation.—
  429         (1) All powers, duties, functions, records, offices,
  430  personnel, associated administrative support positions,
  431  property, pending issues, existing contracts, administrative
  432  authority, administrative rules, and unexpended balances of
  433  appropriations, allocations, and other funds relating to the
  434  following programs in the Agency for Workforce Innovation are
  435  transferred by a type two transfer, as defined in s. 20.06(2),
  436  Florida Statutes, as follows:
  437         (a) The Office of Early Learning Services, including all
  438  related policies and procedures, is transferred to the
  439  Department of Education.
  440         (b) The Office of Unemployment Compensation is transferred
  441  to Jobs Florida.
  442         (c)The Office of Workforce Services is transferred to Jobs
  443  Florida.
  444         (2) The following trust funds are transferred:
  445         (a) From the Agency for Workforce Innovation to the
  446  Department of Education, the Child Care and Development Block
  447  Grant Trust Fund.
  448         (b) From the Agency for Workforce Innovation to Jobs
  449  Florida:
  450         1. The Administrative Trust Fund.
  451         2. The Employment Security Administration Trust Fund.
  452         3. The Special Employment Security Administration Trust
  453  Fund.
  454         4. The Unemployment Compensation Benefit Trust Fund.
  455         5. The Unemployment Compensation Clearing Trust Fund.
  456         6. The Revolving Trust Fund.
  457         7. The Welfare Transition Trust Fund.
  458         8. The Displaced Homemaker Trust Fund.
  459         (3) Any binding contract or interagency agreement existing
  460  before July 1, 2011, between the Agency for Workforce
  461  Innovation, or an entity or agent of the agency, and any other
  462  agency, entity, or person shall continue as a binding contract
  463  or agreement for the remainder of the term of such contract or
  464  agreement on the successor department, agency, or entity
  465  responsible for the program, activity, or functions relative to
  466  the contract or agreement.
  467         (4) All powers, duties, functions, records, offices,
  468  personnel, property, pending issues, and existing contracts,
  469  administrative authority, administrative rules, and unexpended
  470  balances of appropriations, allocations, and other funds
  471  relating to the Agency for Workforce Innovation which are not
  472  specifically transferred by this section are transferred by a
  473  type two transfer, as defined in s. 20.06(2), Florida Statutes,
  474  to Jobs Florida.
  475         Section 2. Type two transfers from the Department of
  476  Community Affairs.—
  477         (1) All powers, duties, functions, records, offices,
  478  personnel, associated administrative support positions,
  479  property, pending issues, existing contracts, administrative
  480  authority, administrative rules, and unexpended balances of
  481  appropriations, allocations, and other funds relating to the
  482  following programs in the Department of Community Affairs are
  483  transferred by a type two transfer, as defined in s. 20.06(2),
  484  Florida Statutes, as follows:
  485         (a) The Florida Housing Finance Corporation is transferred
  486  to Jobs Florida.
  487         (b)The Division of Housing and Community Development is
  488  transferred to Jobs Florida.
  489         (c)The Division of Community Planning is transferred to
  490  Jobs Florida.
  491         (d) The Division of Emergency Management is transferred to
  492  the Executive Office of the Governor, and is renamed the Office
  493  of Emergency Management.
  494         (e) The Florida Building Commission is transferred to the
  495  Department of Business and Professional Regulation.
  496         (f) The responsibilities under the Florida Communities
  497  Trust, part III of chapter 380, Florida Statutes, are
  498  transferred to the Department of Environmental Protection.
  499         (g) The responsibilities under the Stan Mayfield Working
  500  Waterfronts program authorized in s. 380.5105, Florida Statutes,
  501  are transferred to the Department of Environmental Protection.
  502         (2) The following trust funds are transferred:
  503         (a) From the Department of Community Affairs to Jobs
  504  Florida:
  505         1. The Administrative Trust Fund.
  506         2. The State Housing Trust Fund.
  507         3. The Community Services Block Grant Trust Fund.
  508         4. The Local Government Housing Trust Fund.
  509         5. The Florida Small Cities Community Development Block
  510  Grant Trust Fund.
  511         6. The Federal Grants Trust Fund.
  512         7. The Grants and Donations Trust Fund.
  513         8. The Energy Consumption Trust Fund.
  514         9. The Low-Income Home Energy Assistance Trust Fund.
  515         (b) From the Department of Community Affairs to the
  516  Executive Office of the Governor:
  517         1. The Emergency Management Preparedness and Assistance
  518  Trust Fund.
  519         2. The Federal Emergency Management Programs Support Trust
  520  Fund.
  521         3. The U.S. Contributions Trust Fund.
  522         (c) From the Department of Community Affairs to the
  523  Department of Business and Professional Regulation, the
  524  Operating Trust Fund of the Florida Building Commission.
  525         (d) From the Department of Community Affairs to the
  526  Department of Environmental Protection:
  527         1. The Florida Forever Program Trust Fund.
  528         2. The Florida Communities Trust Fund.
  529         (3) Any binding contract or interagency agreement existing
  530  before July 1, 2011, between the Department of Community Affairs
  531  or Division of Emergency Management, or an entity or agent of
  532  the department or division, and any other agency, entity, or
  533  person shall continue as a binding contract or agreement for the
  534  remainder of the term of such contract or agreement on the
  535  successor department, agency, or entity responsible for the
  536  program, activity, or functions relative to the contract or
  537  agreement.
  538         (4) All powers, duties, functions, records, offices,
  539  personnel, property, pending issues, and existing contracts,
  540  administrative authority, administrative rules, and unexpended
  541  balances of appropriations, allocations, and other funds
  542  relating to the Department of Community Affairs which are not
  543  specifically transferred by this section are transferred by a
  544  type two transfer, as defined in s. 20.06(2), Florida Statutes,
  545  to Jobs Florida.
  546         Section 3. Type two transfers from Executive Office of the
  547  Governor.—
  548         (1) All powers, duties, functions, records, offices,
  549  personnel, associated administrative support positions,
  550  property, pending issues, existing contracts, administrative
  551  authority, administrative rules, and unexpended balances of
  552  appropriations, allocations, and other funds relating to the
  553  Office of Tourism, Trade, and Economic Development in the
  554  Executive Office of the Governor are transferred by a type two
  555  transfer, as defined in s. 20.06(2), Florida Statutes, to Jobs
  556  Florida.
  557         (2) The following trust funds are transferred from the
  558  Executive Office of the Governor to Jobs Florida:
  559         (a) The Economic Development Trust Fund.
  560         (b) The Economic Development Transportation Trust Fund.
  561         (c) The Tourism Promotional Trust Fund.
  562         (d) The Professional Sports Development Trust Fund.
  563         (e) The Florida International Trade and Promotion Trust
  564  Fund.
  565         (3) Any binding contract or interagency agreement existing
  566  before July 1, 2011, between the Office of Tourism, Trade, and
  567  Economic Development in the Executive Office of the Governor, or
  568  an entity or agent of the office, and any other agency, entity,
  569  or person shall continue as a binding contract or agreement for
  570  the remainder of the term of such contract or agreement on the
  571  successor department, agency, or entity responsible for the
  572  program, activity, or functions relative to the contract or
  573  agreement.
  574         (4) All powers, duties, functions, records, offices,
  575  personnel, property, pending issues, and existing contracts,
  576  administrative authority, administrative rules, and unexpended
  577  balances of appropriations, allocations, and other funds
  578  relating to the Office of Tourism, Trade, and Economic
  579  Development in the Executive Office of the Governor which are
  580  not specifically transferred by this section are transferred by
  581  a type two transfer, as defined in s. 20.06(2), Florida
  582  Statutes, to Jobs Florida.
  583         Section 4. (1) It is the intent of the Legislature that the
  584  changes made by this act be accomplished with minimal disruption
  585  of services provided to the public and with minimal disruption
  586  to employees of any organization. To that end, the Legislature
  587  directs all applicable units of state government to contribute
  588  to the successful implementation of this act, and the
  589  Legislature believes that a transition period between the
  590  effective date of this act and October 1, 2011, is appropriate
  591  and warranted.
  592         (2) The Agency for Workforce Innovation, the Department of
  593  Community Affairs, and the Office of Tourism, Trade, and
  594  Economic Development in the Executive Office of the Governor
  595  shall each coordinate the development and implementation of a
  596  transition plan that supports the implementation of this act.
  597  Any state agency identified by either the Agency for Workforce
  598  Innovation, the Department of Community Affairs, or the Office
  599  of Tourism, Trade, and Economic Development in the Executive
  600  Office of the Governor shall cooperate fully in developing and
  601  implementing the plan and shall dedicate the financial and staff
  602  resources that are necessary to implement the plan. The Agency
  603  for Workforce Innovation, the Department of Community Affairs,
  604  and the Office of Tourism, Trade, and Economic Development in
  605  the Executive Office of the Governor shall each designate a
  606  staff member to serve as the primary representative on matters
  607  related to implementing this act and the transition plans
  608  required under this section.
  609         (3) The Governor shall designate a staff member of the
  610  Office of Planning and Budgeting to serve as the Governor’s
  611  primary representative on matters related to implementing this
  612  act for the Agency for Workforce Innovation, the Department of
  613  Community Affairs, and the Office of Tourism, Trade, and
  614  Economic Development and the transition plans required under
  615  this section. Each representative shall report to the Governor,
  616  the President of the Senate, and the Speaker of the House of
  617  Representatives on the progress of implementing this act and the
  618  transition plans, including, but not limited to, any adverse
  619  impact or negative consequences on programs and services related
  620  to meeting any deadline imposed by this act, and any
  621  difficulties experienced by the Agency for Workforce Innovation,
  622  the Department of Community Affairs, or the Office of Tourism,
  623  Trade, and Economic Development in securing the full
  624  participation and cooperation of applicable state agencies. Each
  625  representative shall also coordinate the submission of any
  626  budget amendments, in accordance with chapter 216, Florida
  627  Statutes, which may be necessary to implement this act.
  628         (4) Notwithstanding ss. 216.292 and 216.351, Florida
  629  Statutes, upon approval by the Legislative Budget Commission,
  630  the Executive Office of the Governor may transfer funds and
  631  positions between agencies to implement this act.
  632         (5) Upon the recommendation and guidance of the primary
  633  representative of the Agency for Workforce Innovation, the
  634  Department of Community Affairs, or the Office of Tourism,
  635  Trade, and Economic Development, the Governor shall submit in a
  636  timely manner to the applicable federal departments or agencies
  637  any necessary amendments or supplemental information concerning
  638  plans that the state is required to submit to the Federal
  639  Government in connection with any federal or state program. The
  640  Governor shall seek any waivers from the requirements of Federal
  641  law or rules which may be necessary to administer the provisions
  642  of this act.
  643         (6) The transfer of any program, activity, duty, or
  644  function under this act includes the transfer of any records and
  645  unexpended balances of appropriations, allocations, or other
  646  funds related to such program, activity, duty, or function.
  647  Unless otherwise provided, the successor organization to any
  648  program, activity, duty, or function transferred under this act
  649  shall become the custodian of any property of the organization
  650  that was responsible for the program, activity, duty, or
  651  function immediately prior to the transfer.
  652         Section 5. (1) The nonprofit corporations established in
  653  ss. 288.901, 288.1229, 288.1226, and 288.707, Florida Statutes,
  654  are merged into, and the independent special district
  655  established in s. 331.302, Florida Statutes, is transferred to a
  656  new nonprofit corporation established by this act called the
  657  “Jobs Florida Partnership, Inc.”
  658         (2) Enterprise Florida, Inc., the Florida Sports Foundation
  659  Incorporated, the Florida Tourism Industry Marketing Corporation
  660  d/b/a VISIT Florida, and the Florida Black Business Investment
  661  Board, Inc., must enter into a plan to merge into the Jobs
  662  Florida Partnership, Inc. Such merger must be completed by
  663  December 31, 2011. The merger is subject to chapter 617, Florida
  664  Statutes, related to the merger of nonprofit corporations.
  665         (3) The independent special district of Space Florida, and
  666  all powers, duties, functions, records, offices, personnel,
  667  property, pending issues, existing contracts, administrative
  668  authority, administrative rules, and unexpended balances of
  669  appropriations, allocations, and other funds relating to it, are
  670  transferred to the Jobs Florida Partnership, Inc.
  671         (4) It is the intent of the Legislature that the changes
  672  made by this act be accomplished with minimal disruption of
  673  services provided to the public and with minimal disruption to
  674  employees of any organization. To that end, the Legislature
  675  directs that notwithstanding the changes made by this act,
  676  Enterprise Florida, Inc., the Florida Sports Foundation
  677  Incorporated, the Florida Tourism Industry Marketing Corporation
  678  d/b/a VISIT Florida, and the Florida Black Business Investment
  679  Board, Inc., may continue with such powers, duties, functions,
  680  records, offices, personnel, property, pending issues, and
  681  existing contracts as provided in Florida Statutes 2010 until
  682  December 31, 2011. The Legislature believes that a transition
  683  period between the effective date of this act and December 31,
  684  2011, is appropriate and warranted.
  685         (5) The Governor shall designate a staff member of the
  686  Office of Planning and Budgeting to serve as the Governor’s
  687  primary representative on matters related to implementing this
  688  act for the merger of Enterprise Florida, Inc., the Florida
  689  Sports Foundation Incorporated, the Florida Tourism Industry
  690  Marketing Corporation d/b/a VISIT Florida, and the Florida Black
  691  Business Investment Board, Inc., into, and the transfer of Space
  692  Florida to the Jobs Florida Partnership, Inc., and the
  693  transition plans required under this section. The representative
  694  shall report to the Governor, the President of the Senate, and
  695  the Speaker of the House of Representatives on the progress of
  696  implementing this act and the transition plans, including, but
  697  not limited to, any adverse impact or negative consequences on
  698  programs and services related to meeting any deadline imposed by
  699  this act, and any difficulties experienced by the entities. The
  700  representative shall also coordinate the submission of any
  701  budget amendments, pursuant to chapter 216, Florida Statutes,
  702  which may be necessary to implement this act.
  703         (6)Any funds held in trust which were donated to or earned
  704  by Enterprise Florida, Inc., the Florida Sports Foundation
  705  Incorporated, the Florida Tourism Industry Marketing Corporation
  706  d/b/a VISIT Florida, the Florida Black Business Investment
  707  Board, Inc., and Space Florida under a previous incarnation as a
  708  corporation under chapter 617, Florida Statutes, or as an
  709  independent special district shall be transferred to the Jobs
  710  Florida Partnership, Inc., to be used by the relevant division
  711  or Space Florida for the original purposes of the funds.
  712         (7) Upon the recommendation and guidance of Enterprise
  713  Florida, Inc., the Florida Sports Foundation Incorporated, the
  714  Florida Tourism Industry Marketing Corporation d/b/a VISIT
  715  Florida, the Florida Black Business Investment Board, Inc., or
  716  Space Florida, the Governor shall submit in a timely manner to
  717  the applicable Federal departments or agencies any necessary
  718  amendments or supplemental information concerning plans which
  719  the state or one of the entities is required to submit to the
  720  Federal Government in connection with any federal or state
  721  program. The Governor shall seek any waivers from the
  722  requirements of Federal law or rules which may be necessary to
  723  administer the provisions of this act.
  724         (8) The transfer of any program, activity, duty, or
  725  function under this act includes the transfer of any records and
  726  unexpended balances of appropriations, allocations, or other
  727  funds related to such program, activity, duty, or function.
  728  Unless otherwise provided, the Jobs Florida Partnership, Inc.,
  729  shall become the custodian of any property of Enterprise
  730  Florida, Inc., the Florida Sports Foundation Incorporated, the
  731  Florida Tourism Industry Marketing Corporation d/b/a VISIT
  732  Florida, the Florida Black Business Investment Board, Inc., or
  733  Space Florida by December 31, 2011, by plan of merger.
  734         (9)The Department of Management Services may establish a
  735  lease agreement program under which the Jobs Florida
  736  Partnership, Inc., may hire any individual who was employed by
  737  Enterprise Florida, Inc., or the Florida Black Business
  738  Investment Board, Inc., under a previous lease agreement under
  739  s. 288.901(2) or s. 288.708(2), Florida Statutes 2010. Under
  740  such agreement, the employee shall retain his or her status as a
  741  state employee but shall work under the direct supervision of
  742  the Jobs Florida Partnership, Inc. Retention of state employee
  743  status shall include the right to participate in the Florida
  744  Retirement System and shall continue until the employee
  745  voluntarily or involuntarily terminates his or her status with
  746  the Jobs Florida Partnership, Inc. The Department of Management
  747  Services shall establish the terms and conditions of such lease
  748  agreements.
  749         Section 6. The Legislature recognizes that there is a need
  750  to conform the Florida Statutes to the policy decisions
  751  reflected in this act and that there is a need to resolve
  752  apparent conflicts between any other legislation that has been
  753  or may be enacted during the 2011 Regular Session of the
  754  Legislature and the transfer of duties made by this act.
  755  Therefore, in the interim between this act becoming law and the
  756  2012 Regular Session of the Legislature or an earlier special
  757  session addressing this issue, the Division of Statutory
  758  Revision shall prepare draft legislation to conform the Florida
  759  Statutes and any legislation enacted during 2011 to the
  760  provisions of this act.
  761         Section 7. Section 14.2016, Florida Statutes, is created to
  762  read:
  763         14.2016Office of Emergency Management.—The Office of
  764  Emergency Management is established within the Executive Office
  765  of the Governor. The office shall be a separate budget entity,
  766  as provided in the General Appropriations Act and shall prepare
  767  and submit a budget request in accordance with chapter 216. The
  768  office shall be responsible for all professional, technical, and
  769  administrative support functions necessary to carry out its
  770  responsibilities under part I of chapter 252. The director of
  771  the office shall be appointed by and serve at the pleasure of
  772  the Governor, and shall be the head of the office for all
  773  purposes. The office shall administer programs to rapidly apply
  774  all available aid to communities stricken by an emergency as
  775  defined in s. 252.34 and, for this purpose, shall provide
  776  liaison with federal agencies and other public and private
  777  agencies.
  778         Section 8. Paragraph (h) is added to subsection (3) and
  779  subsection (9) is added to section 20.15, Florida Statutes, to
  780  read:
  781         20.15 Department of Education.—There is created a
  782  Department of Education.
  783         (3) DIVISIONS.—The following divisions of the Department of
  784  Education are established:
  785         (h) The Division of Early Learning, which shall administer
  786  the school readiness system in accordance with s. 411.01 and the
  787  operational requirements of the Voluntary Prekindergarten
  788  Education Program in accordance with part V of chapter 1002. The
  789  division shall be directed by the Deputy Commissioner for Early
  790  Learning, who shall be appointed by and serve at the pleasure of
  791  the commissioner.
  792         (9) The department may provide or contract for training for
  793  employees of administrative entities and case managers of any
  794  contracted providers to ensure they have the necessary
  795  competencies and skills to provide adequate administrative
  796  oversight and delivery of the full array of client services.
  797         Section 9. Section 20.60, Florida Statutes, is created to
  798  read:
  799         20.60 Jobs Florida; creation; powers and duties.—
  800         (1) There is created a department that, notwithstanding the
  801  provisions of s. 20.04(1), shall be called Jobs Florida.
  802         (2) The head of Jobs Florida is the commissioner of Jobs
  803  Florida, who shall be appointed by the Governor, subject to
  804  confirmation by the Senate. The commissioner shall serve at the
  805  pleasure of and report to the Governor.
  806         (3) The following divisions of Jobs Florida are
  807  established:
  808         (a) The Division of Strategic Business Development.
  809         (b) The Division of Community Development.
  810         (c) The Division of Workforce Services.
  811         (d) The Division of Finance and Administration.
  812         (4) The purpose of Jobs Florida is to assist the Governor
  813  in working with the Legislature, state agencies, business
  814  leaders, and economic development professionals to formulate and
  815  implement coherent and consistent policies and strategies
  816  designed to promote economic opportunities for all Floridians.
  817  To accomplish such purposes, Jobs Florida shall:
  818         (a) Facilitate the direct involvement of the Governor and
  819  the Lieutenant Governor in economic development and workforce
  820  development projects designed to create, expand, and retain
  821  businesses in this state, to recruit business from around the
  822  world, and to facilitate other job-creating efforts.
  823         (b) Recruit new businesses to this state and promote the
  824  expansion of existing businesses by expediting permitting and
  825  location decisions, worker placement and training, and incentive
  826  awards.
  827         (c) Ensure that, to the maximum extent possible, there is a
  828  link between the economic development and workforce development
  829  goals and strategies of the state.
  830         (d) Manage the activities of public-private partnerships
  831  and state agencies in order to avoid duplication and promote
  832  coordinated and consistent implementation of programs in areas
  833  including, but not limited to, tourism; international trade and
  834  investment; business recruitment, creation, retention, and
  835  expansion; minority and small business development; rural
  836  community development; commercialization of products, services,
  837  or ideas developed in public universities or other public
  838  institutions; and the development and promotion of professional
  839  and amateur sporting events.
  840         (5) The divisions within Jobs Florida have specific
  841  responsibilities to achieve the duties, responsibilities, and
  842  goals of Jobs Florida. Specifically:
  843         (a) The Division of Strategic Business Development shall:
  844         1. Analyze and evaluate business prospects identified by
  845  the Governor, the commissioner of Jobs Florida, and the Jobs
  846  Florida Partnership, Inc. The analysis must include, but is not
  847  limited to, a review and processing of a prospect business’s
  848  application for incentives and a calculation of its economic
  849  benefit to the state. The evaluation shall be based, at a
  850  minimum, on the information obtained from the prospect business,
  851  the economic benefit calculation, and the business’s eligibility
  852  for state incentives.
  853         2. Administer certain tax refund, tax credit, and grant
  854  programs created in law. Notwithstanding any other provision of
  855  law, Jobs Florida may expend interest earned from the investment
  856  of program funds deposited in the Grants and Donations Trust
  857  Fund to contract for the administration of those programs, or
  858  portions of the programs, assigned to Jobs Florida by law, by
  859  the appropriations process, or by the Governor. Such
  860  expenditures shall be subject to review under chapter 216.
  861         3. Develop measurement protocols for the state incentive
  862  programs and for the contracted entities which will be used to
  863  determine their performance and competitive value to the state.
  864  Performance measures, benchmarks, and sanctions must be
  865  developed in consultation with the legislative appropriations
  866  committees and the appropriate substantive committees, and are
  867  subject to the review and approval process provided in s.
  868  216.177. The approved performance measures, standards, and
  869  sanctions shall be included and made a part of the strategic
  870  plan for contracts entered into for delivery of programs
  871  authorized by this section.
  872         4. Assist the Jobs Florida Partnership, Inc., in preparing
  873  an annual report to the Legislature on the state of the business
  874  climate in Florida and on the state of economic development in
  875  Florida which includes the identification of problems and the
  876  recommendation of solutions. This report shall be submitted to
  877  the President of the Senate, the Speaker of the House of
  878  Representatives, the Senate Minority Leader, and the House
  879  Minority Leader by January 1 of each year, and shall be in
  880  addition to the Governor’s message to the Legislature required
  881  by the State Constitution and any other economic reports
  882  required by law, including the annual incentives report prepared
  883  by the Jobs Florida Partnership, Inc.
  884         5. Develop a 5-year statewide strategic plan. The strategic
  885  plan must include, but need not be limited to:
  886         a. Strategies for the promotion of business formation,
  887  expansion, recruitment, and retention through aggressive
  888  marketing, international development, and export assistance,
  889  which lead to more and better jobs and higher wages for all
  890  geographic regions, disadvantaged communities, and populations
  891  of the state, including rural areas, minority businesses, and
  892  urban core areas.
  893         b. The development of realistic policies and programs to
  894  further the economic diversity of the state, its regions, and
  895  their associated industrial clusters.
  896         c. Specific provisions for the stimulation of economic
  897  development and job creation in rural areas and midsize cities
  898  and counties of the state.
  899         d. Provisions for the promotion of the successful long-term
  900  economic development of the state with increased emphasis in
  901  market research and information.
  902         e. Plans for the generation of foreign investment in the
  903  state which creates jobs paying above-average wages and which
  904  results in reverse investment in the state, including programs
  905  that establish viable overseas markets, assist in meeting the
  906  financing requirements of export-ready firms, broaden
  907  opportunities for international joint venture relationships, use
  908  the resources of academic and other institutions, coordinate
  909  trade assistance and facilitation services, and facilitate
  910  availability of and access to education and training programs
  911  that assure requisite skills and competencies necessary to
  912  compete successfully in the global marketplace.
  913         f. The identification of business sectors that are of
  914  current or future importance to the state’s economy and to the
  915  state’s global business image, and development of specific
  916  strategies to promote the development of such sectors.
  917         g. Strategies for talent development necessary in the state
  918  to encourage economic development growth, taking into account
  919  factors such as the state’s talent supply chain, education and
  920  training opportunities, and available workforce.
  921         6. Update the strategic plan every 5 years. The division
  922  shall involve local governments; the general public; local and
  923  regional economic development organizations; other local, state,
  924  and federal economic, international, and workforce development
  925  entities; the business community; and educational institutions
  926  to assist with each update.
  927         (b)The Division of Community Development shall administer:
  928         1. The Community Services Block Grant Program.
  929         2. The Community Development Block Grant Program in chapter
  930  290.
  931         3. The Low-Income Home Energy Assistance Program in chapter
  932  409.
  933         4. The Weatherization Assistance Program in chapter 409.
  934         5.The Neighborhood Stabilization Program.
  935         6. The local comprehensive planning process and the
  936  development of regional impact process.
  937         7. The Front Porch Florida Initiative through the Office of
  938  Urban Opportunity, which is created within the division. The
  939  purpose of the office is to administer the Front Porch Florida
  940  initiative, a comprehensive, community-based urban core
  941  redevelopment program that enables urban core residents to craft
  942  solutions to the unique challenges of each designated community.
  943         8. Any other related programs.
  944         (c) The Division of Workforce Services shall:
  945         1. Prepare and submit a unified budget request for
  946  workforce in accordance with chapter 216 for, and in conjunction
  947  with, Workforce Florida, Inc., and its board.
  948         2. Ensure that the state appropriately administers federal
  949  and state workforce funding by administering plans and policies
  950  of Workforce Florida, Inc., under contract with Workforce
  951  Florida, Inc. The operating budget and midyear amendments
  952  thereto must be part of such contract.
  953         a. All program and fiscal instructions to regional
  954  workforce boards shall emanate from Jobs Florida pursuant to
  955  plans and policies of Workforce Florida, Inc., which shall be
  956  responsible for all policy directions to the regional workforce
  957  boards.
  958         b. Unless otherwise provided by agreement with Workforce
  959  Florida, Inc., administrative and personnel policies of Jobs
  960  Florida shall apply.
  961         3. Implement the state’s unemployment compensation program.
  962  Jobs Florida shall ensure that the state appropriately
  963  administers the unemployment compensation program pursuant to
  964  state and federal law.
  965         (6)(a)Jobs Florida is the administrative agency designated
  966  for receipt of federal workforce development grants and other
  967  federal funds. Jobs Florida shall administer the duties and
  968  responsibilities assigned by the Governor under each federal
  969  grant assigned to Jobs Florida. Jobs Florida shall expend each
  970  revenue source as provided by federal and state law and as
  971  provided in plans developed by and agreements with Workforce
  972  Florida, Inc. Jobs Florida may serve as the contract
  973  administrator for contracts entered into by Workforce Florida,
  974  Inc., pursuant to s. 445.004(5), as directed by Workforce
  975  Florida, Inc.
  976         (b) Jobs Florida shall serve as the designated agency for
  977  purposes of each federal workforce development grant assigned to
  978  it for administration. Jobs Florida shall carry out the duties
  979  assigned to it by the Governor, under the terms and conditions
  980  of each grant. Jobs Florida shall have the level of authority
  981  and autonomy necessary to be the designated recipient of each
  982  federal grant assigned to it, and shall disburse such grants
  983  pursuant to the plans and policies of Workforce Florida, Inc.
  984  The commissioner may, upon delegation from the Governor and
  985  pursuant to agreement with Workforce Florida, Inc., sign
  986  contracts, grants, and other instruments as necessary to execute
  987  functions assigned to Jobs Florida. Notwithstanding other
  988  provision of law, Jobs Florida shall administer other programs
  989  funded by federal or state appropriations, as determined by the
  990  Legislature in the General Appropriations Act or by law.
  991         (7) Jobs Florida may provide or contract for training for
  992  employees of administrative entities and case managers of any
  993  contracted providers to ensure they have the necessary
  994  competencies and skills to provide adequate administrative
  995  oversight and delivery of the full array of client services.
  996         (8) The Unemployment Appeals Commission, authorized by s.
  997  443.012, is not subject to control, supervision, or direction by
  998  Jobs Florida in the performance of its powers and duties but
  999  shall receive any and all support and assistance from Jobs
 1000  Florida which is required for the performance of its duties.
 1001         (9)(a) The commissioner of Jobs Florida shall:
 1002         1. Manage all activities and responsibilities of the
 1003  department.
 1004         2. Serve as the Governor’s chief negotiator for business
 1005  recruitment and business expansion.
 1006         3. Serve as the manager for the state with respect to
 1007  contracts with the Jobs Florida Partnership, Inc., the Institute
 1008  for the Commercialization of Public Research, and all applicable
 1009  direct-support organizations. To accomplish the provisions of
 1010  this section and applicable provisions of chapter 288, and
 1011  notwithstanding the provisions of part I of chapter 287, the
 1012  commissioner shall enter into specific contracts with the Jobs
 1013  Florida Partnership, Inc., the Institute for the
 1014  Commercialization of Public Research, and other appropriate
 1015  direct-support organizations. Such contracts may be for
 1016  multiyear terms and shall include specific performance measures
 1017  for each year.
 1018         4. Serve as the state protocol officer. In consultation
 1019  with the Governor and other governmental officials, the
 1020  commissioner shall develop, maintain, publish, and distribute
 1021  the state protocol manual.
 1022         (b) Notwithstanding any other law, resolution, or rule to
 1023  the contrary, the commissioner may not receive more in public
 1024  remuneration annually than $130,000, pursuant to the General
 1025  Appropriations Act.
 1026         (10) The Chief Inspector General in the Executive Office of
 1027  the Governor:
 1028         (a) Shall advise public-private partnerships in their
 1029  development, utilization, and improvement of internal control
 1030  measures necessary to ensure fiscal accountability.
 1031         (b) May conduct, direct, and supervise audits relating to
 1032  the programs and operations of public-private partnerships.
 1033         (c) Shall receive and investigate complaints of fraud,
 1034  abuses, and deficiencies relating to programs and operations of
 1035  public-private partnerships.
 1036         (d) May request and have access to any records, data, and
 1037  other information in the possession of public-private
 1038  partnerships which the Chief Inspector General deems necessary
 1039  to carry out his or her responsibilities with respect to
 1040  accountability.
 1041         (e) Shall monitor public-private partnerships for
 1042  compliance with the terms and conditions of contracts with the
 1043  department and report noncompliance to the Governor.
 1044         (f) Shall advise public-private partnerships in the
 1045  development, utilization, and improvement of performance
 1046  measures for the evaluation of their operations.
 1047         (g) Shall review and make recommendations for improvements
 1048  in the actions taken by public-private partnerships to meet
 1049  performance standards.
 1050         (11) Jobs Florida shall have an official seal by which its
 1051  records, orders, and proceedings are authenticated. The seal
 1052  shall be judicially noticed.
 1053         (12) Jobs Florida shall administer the role of state
 1054  government under part I of chapter 421, relating to public
 1055  housing, chapter 422, relating to housing cooperation law, and
 1056  chapter 423, tax exemption of housing authorities. Jobs Florida
 1057  is the agency of state government responsible for the state’s
 1058  role in housing and urban development.
 1059         (13) Jobs Florida may adopt rules to administer the
 1060  provisions of law conferring duties upon it.
 1061         Section 10. Paragraph (d) of subsection (2) and subsection
 1062  (5) of section 112.044, Florida Statutes, are amended to read:
 1063         112.044 Public employers, employment agencies, labor
 1064  organizations; discrimination based on age prohibited;
 1065  exceptions; remedy.—
 1066         (2) DEFINITIONS.—For the purpose of this act:
 1067         (d) “Department” means the Department of Labor and
 1068  Employment Security.
 1069         (5) NOTICE TO BE POSTED.—Each employer, employment agency,
 1070  and labor organization shall post and keep posted in conspicuous
 1071  places upon its premises notices a notice to be prepared or
 1072  approved by the department setting forth such information as
 1073  required by the United States Department of Labor and the United
 1074  States Equal Employment Opportunity Commission department deems
 1075  appropriate to effectuate the purposes of this act.
 1076         Section 11. Subsections (20) and (31) of section 163.3164,
 1077  Florida Statutes, are amended to read:
 1078         163.3164 Local Government Comprehensive Planning and Land
 1079  Development Regulation Act; definitions.—As used in this act:
 1080         (20) “State land planning agency” means Jobs Florida the
 1081  Department of Community Affairs.
 1082         (31) “Optional Sector plan” means the an optional process
 1083  authorized by s. 163.3245 in which one or more local governments
 1084  engage in long-term planning for a large area and by agreement
 1085  with the state land planning agency are allowed to address
 1086  regional development-of-regional-impact issues through adoption
 1087  of detailed specific area plans within the planning area within
 1088  certain designated geographic areas identified in the local
 1089  comprehensive plan as a means of fostering innovative planning
 1090  and development strategies in s. 163.3177(11)(a) and (b),
 1091  furthering the purposes of this part and part I of chapter 380,
 1092  reducing overlapping data and analysis requirements, protecting
 1093  regionally significant resources and facilities, and addressing
 1094  extrajurisdictional impacts. The term includes an optional
 1095  sector plan that was adopted pursuant to the Optional Sector
 1096  Plan program.
 1097         Section 12. Paragraph (d) of subsection (15) of section
 1098  163.3177, Florida Statutes, is amended to read:
 1099         163.3177 Required and optional elements of comprehensive
 1100  plan; studies and surveys.—
 1101         (15)
 1102         (d) This subsection does not apply to a an optional sector
 1103  plan adopted pursuant to s. 163.3245, a rural land stewardship
 1104  area designated pursuant to subsection (11), or any
 1105  comprehensive plan amendment that includes an inland port
 1106  terminal or affiliated port development.
 1107         Section 13. Paragraph (a) of subsection (12) of section
 1108  163.3180, Florida Statutes, is amended to read:
 1109         163.3180 Concurrency.—
 1110         (12)(a) A development of regional impact may satisfy the
 1111  transportation concurrency requirements of the local
 1112  comprehensive plan, the local government’s concurrency
 1113  management system, and s. 380.06 by payment of a proportionate
 1114  share contribution for local and regionally significant traffic
 1115  impacts, if:
 1116         1. The development of regional impact which, based on its
 1117  location or mix of land uses, is designed to encourage
 1118  pedestrian or other nonautomotive modes of transportation;
 1119         2. The proportionate-share contribution for local and
 1120  regionally significant traffic impacts is sufficient to pay for
 1121  one or more required mobility improvements that will benefit a
 1122  regionally significant transportation facility;
 1123         3. The owner and developer of the development of regional
 1124  impact pays or assures payment of the proportionate-share
 1125  contribution; and
 1126         4. If the regionally significant transportation facility to
 1127  be constructed or improved is under the maintenance authority of
 1128  a governmental entity, as defined by s. 334.03(12), other than
 1129  the local government with jurisdiction over the development of
 1130  regional impact, the developer is required to enter into a
 1131  binding and legally enforceable commitment to transfer funds to
 1132  the governmental entity having maintenance authority or to
 1133  otherwise assure construction or improvement of the facility.
 1134  
 1135  The proportionate-share contribution may be applied to any
 1136  transportation facility to satisfy the provisions of this
 1137  subsection and the local comprehensive plan, but, for the
 1138  purposes of this subsection, the amount of the proportionate
 1139  share contribution shall be calculated based upon the cumulative
 1140  number of trips from the proposed development expected to reach
 1141  roadways during the peak hour from the complete buildout of a
 1142  stage or phase being approved, divided by the change in the peak
 1143  hour maximum service volume of roadways resulting from
 1144  construction of an improvement necessary to maintain the adopted
 1145  level of service, multiplied by the construction cost, at the
 1146  time of developer payment, of the improvement necessary to
 1147  maintain the adopted level of service. For purposes of this
 1148  subsection, “construction cost” includes all associated costs of
 1149  the improvement. Proportionate-share mitigation shall be limited
 1150  to ensure that a development of regional impact meeting the
 1151  requirements of this subsection mitigates its impact on the
 1152  transportation system but is not responsible for the additional
 1153  cost of reducing or eliminating backlogs. This subsection also
 1154  applies to Florida Quality Developments pursuant to s. 380.061
 1155  and to detailed specific area plans implementing optional sector
 1156  plans pursuant to s. 163.3245.
 1157         Section 14. Subsections (2), (4), and (11) of section
 1158  163.3184, Florida Statutes, are amended to read:
 1159         163.3184 Process for adoption of comprehensive plan or plan
 1160  amendment.—
 1161         (2) COORDINATION.—Each comprehensive plan or plan amendment
 1162  proposed to be adopted pursuant to this part, except amendments
 1163  adopted pursuant to s. 163.32465 or s. 163.3187(1)(c) and (3),
 1164  shall be transmitted, adopted, and reviewed in the manner
 1165  prescribed in this section. The state land planning agency shall
 1166  have responsibility for plan review, coordination, and the
 1167  preparation and transmission of comments, pursuant to this
 1168  section, to the local governing body responsible for the
 1169  comprehensive plan. The state land planning agency shall
 1170  maintain a single file concerning any proposed or adopted plan
 1171  amendment submitted by a local government for any review under
 1172  this section. Copies of all correspondence, papers, notes,
 1173  memoranda, and other documents received or generated by the
 1174  state land planning agency must be placed in the appropriate
 1175  file. Paper copies of all electronic mail correspondence must be
 1176  placed in the file. The file and its contents must be available
 1177  for public inspection and copying as provided in chapter 119.
 1178         (4) INTERGOVERNMENTAL REVIEW.—The governmental agencies
 1179  specified in paragraph (3)(a) shall provide comments to the
 1180  state land planning agency within 30 days after receipt by the
 1181  state land planning agency of the complete proposed plan
 1182  amendment. If the plan or plan amendment includes or relates to
 1183  the public school facilities element pursuant to s.
 1184  163.3177(12), the state land planning agency shall submit a copy
 1185  to the Department of Education Office of Educational Facilities
 1186  of the Commissioner of Education for review and comment. The
 1187  appropriate regional planning council shall also provide its
 1188  written comments to the state land planning agency within 30
 1189  days after receipt by the state land planning agency of the
 1190  complete proposed plan amendment and shall specify any
 1191  objections, recommendations for modifications, and comments of
 1192  any other regional agencies to which the regional planning
 1193  council may have referred the proposed plan amendment. Written
 1194  comments submitted by the public within 30 days after notice of
 1195  transmittal by the local government of the proposed plan
 1196  amendment will be considered as if submitted by governmental
 1197  agencies. All written agency and public comments must be made
 1198  part of the file maintained under subsection (2).
 1199         (11) ADMINISTRATION COMMISSION.—
 1200         (c) The sanctions provided by paragraphs (a) and (b) do
 1201  shall not apply to a local government regarding any plan
 1202  amendment, except for plan amendments that amend plans that have
 1203  not been finally determined to be in compliance with this part,
 1204  and except as provided in s. 163.3189(2) or s. 163.3191(9) s.
 1205  163.3191(11).
 1206         Section 15. Section 163.3191, Florida Statutes, is amended
 1207  to read:
 1208         163.3191 Evaluation and appraisal of comprehensive plan.—
 1209         (1) The planning program shall be a continuous and ongoing
 1210  process. Each local government shall prepare adopt an evaluation
 1211  and appraisal report once every 7 years assessing the progress
 1212  in implementing the local government’s comprehensive plan.
 1213  unless:
 1214         (a)The local government has issued development orders for
 1215  residential units composing less than 10 percent of the local
 1216  government’s residential development capacity at the time it
 1217  last submitted amendments based on the evaluation and appraisal
 1218  report pursuant to subsection (8); and
 1219         (b)The local government has not adopted amendments to its
 1220  comprehensive plan which increase the local government’s
 1221  residential development capacity by 10 percent or more since it
 1222  last submitted amendments based on the evaluation and appraisal
 1223  report pursuant to subsection (8); and
 1224         (c)Based upon resident population estimates supplied by
 1225  the Bureau of Economic and Business Research of the University
 1226  of Florida or the Executive Office of Governor, the local
 1227  government demonstrates that its population has not increased by
 1228  more than 10 percent since it last submitted amendments based on
 1229  the evaluation and appraisal report pursuant to subsection (8).
 1230  Furthermore,
 1231         (2) It is the intent of this section that:
 1232         (a) Adopted comprehensive plans be reviewed through such
 1233  evaluation process to respond to changes in state, regional, and
 1234  local policies on planning and growth management and changing
 1235  conditions and trends, to ensure effective intergovernmental
 1236  coordination, and to identify major issues regarding the
 1237  community’s achievement of its goals.
 1238         (b) After completion of the initial evaluation and
 1239  appraisal report and any supporting plan amendments, each
 1240  subsequent evaluation and appraisal report must evaluate the
 1241  comprehensive plan in effect at the time of the initiation of
 1242  the evaluation and appraisal report process.
 1243         (c) Local governments identify the major issues, if
 1244  applicable, with input from state agencies, regional agencies,
 1245  adjacent local governments, and the public in the evaluation and
 1246  appraisal report process. It is also the intent of this section
 1247  to establish minimum requirements for information to ensure
 1248  predictability, certainty, and integrity in the growth
 1249  management process. The report is intended to serve as a summary
 1250  audit of the actions that a local government has undertaken and
 1251  identify changes that it may need to make. The report should be
 1252  based on the local government’s analysis of major issues to
 1253  further the community’s goals consistent with statewide minimum
 1254  standards. The report is not intended to require a comprehensive
 1255  rewrite of the elements within the local plan, unless a local
 1256  government chooses to do so.
 1257         (3)(2) The report shall present an evaluation and
 1258  assessment of the comprehensive plan and the local government is
 1259  encouraged to include shall contain appropriate statements to
 1260  update the comprehensive plan, including, but not limited to,
 1261  words, maps, illustrations, or other media, related to:
 1262         (a) Population growth and changes in land area, including
 1263  annexation, since the adoption of the original plan or the most
 1264  recent update amendments.
 1265         (b) The extent of vacant and developable land.
 1266         (c) The financial feasibility of implementing the
 1267  comprehensive plan and of providing needed infrastructure to
 1268  achieve and maintain adopted level-of-service standards and
 1269  sustain concurrency management systems through the capital
 1270  improvements element, as well as the ability to address
 1271  infrastructure backlogs and meet the demands of growth on public
 1272  services and facilities.
 1273         (d) The location of existing development in relation to the
 1274  location of development as anticipated in the original plan, or
 1275  in the plan as amended by the most recent evaluation and
 1276  appraisal report update amendments, such as within areas
 1277  designated for urban growth.
 1278         (e) An identification of the major issues for the
 1279  jurisdiction and, where pertinent, the potential social,
 1280  economic, and environmental impacts.
 1281         (f) Relevant changes to the state comprehensive plan, the
 1282  requirements of this part, the minimum criteria contained in
 1283  chapter 9J-5, Florida Administrative Code, and the appropriate
 1284  strategic regional policy plan since the adoption of the
 1285  original plan or the most recent evaluation and appraisal report
 1286  update amendments.
 1287         (g) An assessment of whether the plan objectives within
 1288  each element, as they relate to major issues, have been
 1289  achieved. The report shall include, as appropriate, an
 1290  identification as to whether unforeseen or unanticipated changes
 1291  in circumstances have resulted in problems or opportunities with
 1292  respect to major issues identified in each element and the
 1293  social, economic, and environmental impacts of the issue.
 1294         (h) A brief assessment of successes and shortcomings
 1295  related to each element of the plan.
 1296         (i) The identification of any actions or corrective
 1297  measures, including whether plan amendments are anticipated to
 1298  address the major issues identified and analyzed in the report.
 1299  Such identification shall include, as appropriate, new
 1300  population projections, new revised planning timeframes, a
 1301  revised future conditions map or map series, an updated capital
 1302  improvements element, and any new and revised goals, objectives,
 1303  and policies for major issues identified within each element.
 1304  This paragraph shall not require the submittal of the plan
 1305  amendments with the evaluation and appraisal report.
 1306         (j) A summary of the public participation program and
 1307  activities undertaken by the local government in preparing the
 1308  report.
 1309         (k) The coordination of the comprehensive plan with
 1310  existing public schools and those identified in the applicable
 1311  educational facilities plan adopted pursuant to s. 1013.35. The
 1312  assessment shall address, where relevant, the success or failure
 1313  of the coordination of the future land use map and associated
 1314  planned residential development with public schools and their
 1315  capacities, as well as the joint decisionmaking processes
 1316  engaged in by the local government and the school board in
 1317  regard to establishing appropriate population projections and
 1318  the planning and siting of public school facilities. For those
 1319  counties or municipalities that do not have a public schools
 1320  interlocal agreement or public school facilities element, the
 1321  assessment shall determine whether the local government
 1322  continues to meet the criteria of s. 163.3177(12). If the county
 1323  or municipality determines that it no longer meets the criteria,
 1324  it must adopt appropriate school concurrency goals, objectives,
 1325  and policies in its plan amendments pursuant to the requirements
 1326  of the public school facilities element, and enter into the
 1327  existing interlocal agreement required by ss. 163.3177(6)(h)2.
 1328  and 163.31777 in order to fully participate in the school
 1329  concurrency system.
 1330         (l) The extent to which the local government has been
 1331  successful in identifying alternative water supply projects and
 1332  traditional water supply projects, including conservation and
 1333  reuse, necessary to meet the water needs identified in s.
 1334  373.709(2)(a) within the local government’s jurisdiction. The
 1335  report must evaluate the degree to which the local government
 1336  has implemented the work plan for building public, private, and
 1337  regional water supply facilities, including development of
 1338  alternative water supplies, identified in the element as
 1339  necessary to serve existing and new development.
 1340         (m) If any of the jurisdiction of the local government is
 1341  located within the coastal high-hazard area, an evaluation of
 1342  whether any past reduction in land use density impairs the
 1343  property rights of current residents when redevelopment occurs,
 1344  including, but not limited to, redevelopment following a natural
 1345  disaster. The property rights of current residents shall be
 1346  balanced with public safety considerations. The local government
 1347  must identify strategies to address redevelopment feasibility
 1348  and the property rights of affected residents. These strategies
 1349  may include the authorization of redevelopment up to the actual
 1350  built density in existence on the property prior to the natural
 1351  disaster or redevelopment.
 1352         (n) An assessment of whether the criteria adopted pursuant
 1353  to s. 163.3177(6)(a) were successful in achieving compatibility
 1354  with military installations.
 1355         (o) The extent to which a concurrency exception area
 1356  designated pursuant to s. 163.3180(5), a concurrency management
 1357  area designated pursuant to s. 163.3180(7), or a multimodal
 1358  transportation district designated pursuant to s. 163.3180(15)
 1359  has achieved the purpose for which it was created and otherwise
 1360  complies with the provisions of s. 163.3180.
 1361         (p) An assessment of the extent to which changes are needed
 1362  to develop a common methodology for measuring impacts on
 1363  transportation facilities for the purpose of implementing its
 1364  concurrency management system in coordination with the
 1365  municipalities and counties, as appropriate pursuant to s.
 1366  163.3180(10).
 1367         (4)(3) Voluntary scoping meetings may be conducted by each
 1368  local government or several local governments within the same
 1369  county which that agree to meet together. Joint meetings among
 1370  all local governments in a county are encouraged. All scoping
 1371  meetings shall be completed at least 1 year prior to the
 1372  established adoption date of the report. The purpose of the
 1373  meetings shall be to distribute data and resources available to
 1374  assist in the preparation of the report, to provide input on
 1375  major issues in each community which that should be addressed in
 1376  the report, and to advise on the extent of the effort for the
 1377  components of subsection (3) (2). If scoping meetings are held,
 1378  the local government is encouraged to shall invite each state
 1379  and regional reviewing agency, as well as adjacent and other
 1380  affected local governments. A preliminary list of new data and
 1381  major issues that have emerged since the adoption of the
 1382  original plan, or the most recent evaluation and appraisal
 1383  report-based update amendments, should be developed by state and
 1384  regional entities and involved local governments for
 1385  distribution at the scoping meeting. For purposes of this
 1386  subsection, a “scoping meeting” is a meeting conducted to
 1387  determine the scope of review of the evaluation and appraisal
 1388  report by parties to which the report relates.
 1389         (5)(4) The local planning agency shall prepare the
 1390  evaluation and appraisal report and shall make recommendations
 1391  to the governing body regarding adoption of the proposed report.
 1392  The local planning agency shall prepare the report in conformity
 1393  with its public participation procedures adopted as required by
 1394  s. 163.3181. To further public participation in the evaluation
 1395  and appraisal process During the preparation of the proposed
 1396  report and prior to making any recommendation to the governing
 1397  body, the local planning agency shall hold at least one public
 1398  hearing, with public notice, on the proposed report. At a
 1399  minimum, the format and content of the proposed report shall
 1400  include a table of contents; numbered pages; element headings;
 1401  section headings within elements; a list of included tables,
 1402  maps, and figures; a title and sources for all included tables;
 1403  a preparation date; and the name of the preparer. Where
 1404  applicable, maps shall include major natural and artificial
 1405  geographic features; city, county, and state lines; and a legend
 1406  indicating a north arrow, map scale, and the date.
 1407         (5)Ninety days prior to the scheduled adoption date, the
 1408  local government may provide a proposed evaluation and appraisal
 1409  report to the state land planning agency and distribute copies
 1410  to state and regional commenting agencies as prescribed by rule,
 1411  adjacent jurisdictions, and interested citizens for review. All
 1412  review comments, including comments by the state land planning
 1413  agency, shall be transmitted to the local government and state
 1414  land planning agency within 30 days after receipt of the
 1415  proposed report.
 1416         (6)The governing body, after considering the review
 1417  comments and recommended changes, if any, shall adopt the
 1418  evaluation and appraisal report by resolution or ordinance at a
 1419  public hearing with public notice. The governing body shall
 1420  adopt the report in conformity with its public participation
 1421  procedures adopted as required by s. 163.3181. The local
 1422  government shall submit to the state land planning agency three
 1423  copies of the report, a transmittal letter indicating the dates
 1424  of public hearings, and a copy of the adoption resolution or
 1425  ordinance. The local government shall provide a copy of the
 1426  report to the reviewing agencies which provided comments for the
 1427  proposed report, or to all the reviewing agencies if a proposed
 1428  report was not provided pursuant to subsection (5), including
 1429  the adjacent local governments. Within 60 days after receipt,
 1430  the state land planning agency shall review the adopted report
 1431  and make a preliminary sufficiency determination that shall be
 1432  forwarded by the agency to the local government for its
 1433  consideration. The state land planning agency shall issue a
 1434  final sufficiency determination within 90 days after receipt of
 1435  the adopted evaluation and appraisal report.
 1436         (6)(7) The intent of the evaluation and appraisal process
 1437  is the preparation of a plan update that clearly and concisely
 1438  achieves the purpose of this section. The evaluation and
 1439  appraisal report shall be submitted as data and analysis in
 1440  support of the evaluation and appraisal report based amendments.
 1441  Toward this end, the sufficiency review of the state land
 1442  planning agency shall concentrate on whether the evaluation and
 1443  appraisal report sufficiently fulfills the components of
 1444  subsection (2). If the state land planning agency determines
 1445  that the report is insufficient, the governing body shall adopt
 1446  a revision of the report and submit the revised report for
 1447  review pursuant to subsection (6).
 1448         (8)The state land planning agency may delegate the review
 1449  of evaluation and appraisal reports, including all state land
 1450  planning agency duties under subsections (4)-(7), to the
 1451  appropriate regional planning council. When the review has been
 1452  delegated to a regional planning council, any local government
 1453  in the region may elect to have its report reviewed by the
 1454  regional planning council rather than the state land planning
 1455  agency. The state land planning agency shall by agreement
 1456  provide for uniform and adequate review of reports and shall
 1457  retain oversight for any delegation of review to a regional
 1458  planning council.
 1459         (7)(9) The state land planning agency may establish a
 1460  phased schedule for adoption of evaluation and appraisal report
 1461  based amendments reports. The schedule shall provide each local
 1462  government at least 7 years from plan adoption or last
 1463  established adoption date for evaluation and appraisal report
 1464  based amendments a report and shall allot approximately one
 1465  seventh of the reports to any 1 year. In order to allow the
 1466  municipalities to use data and analyses gathered by the
 1467  counties, the state land planning agency shall schedule
 1468  municipal evaluation and appraisal report based amendment report
 1469  adoption dates between 1 year and 18 months later than the
 1470  evaluation and appraisal report based amendment report adoption
 1471  date for the county in which those municipalities are located. A
 1472  local government may adopt its report no earlier than 90 days
 1473  prior to the established adoption date. Small municipalities
 1474  which were scheduled by chapter 9J-33, Florida Administrative
 1475  Code, to adopt their evaluation and appraisal report after
 1476  February 2, 1999, shall be rescheduled to adopt their report
 1477  together with the other municipalities in their county as
 1478  provided in this subsection.
 1479         (8)(10) The governing body shall amend its comprehensive
 1480  plan based on the recommendations in the report and shall update
 1481  the comprehensive plan based on the components of subsection (3)
 1482  (2), pursuant to the provisions of ss. 163.3184, 163.3187, and
 1483  163.3189. Amendments to update a comprehensive plan based on the
 1484  evaluation and appraisal report shall be adopted during a single
 1485  amendment cycle within the time period established by the state
 1486  land planning agency’s schedule authorized in subsection (7) 18
 1487  months after the report is determined to be sufficient by the
 1488  state land planning agency, except the state land planning
 1489  agency may grant an extension for adoption of a portion of such
 1490  amendments. The state land planning agency may grant a 6-month
 1491  extension for the adoption of such amendments if the request is
 1492  justified by good and sufficient cause as determined by the
 1493  agency. An additional extension may also be granted if the
 1494  request will result in greater coordination between
 1495  transportation and land use, for the purposes of improving
 1496  Florida’s transportation system, as determined by the agency in
 1497  coordination with the Metropolitan Planning Organization
 1498  program. Except for local governments exempted from preparing
 1499  evaluation and appraisal reports pursuant to subsection (1),
 1500  beginning July 1, 2006, failure to timely adopt and transmit
 1501  update amendments to the comprehensive plan based on the
 1502  evaluation and appraisal report shall result in a local
 1503  government being prohibited from adopting amendments to the
 1504  comprehensive plan until the evaluation and appraisal report
 1505  update amendments have been adopted and transmitted to the state
 1506  land planning agency. The prohibition on plan amendments shall
 1507  commence when the update amendments to the comprehensive plan
 1508  are past due. The comprehensive plan as amended shall be in
 1509  compliance as defined in s. 163.3184(1)(b). Within 6 months
 1510  after the effective date of the update amendments to the
 1511  comprehensive plan, the local government shall provide to the
 1512  state land planning agency and to all agencies designated by
 1513  rule a complete copy of the updated comprehensive plan.
 1514         (9)(11) The Administration Commission may impose the
 1515  sanctions provided by s. 163.3184(11) against any local
 1516  government that fails to adopt and submit a report, or that
 1517  fails to implement its report through timely and sufficient
 1518  amendments to its local plan, except for reasons of excusable
 1519  delay or valid planning reasons agreed to by the state land
 1520  planning agency or found present by the Administration
 1521  Commission. Sanctions for untimely or insufficient plan
 1522  amendments shall be prospective only and shall begin after a
 1523  final order has been issued by the Administration Commission and
 1524  a reasonable period of time has been allowed for the local
 1525  government to comply with an adverse determination by the
 1526  Administration Commission through adoption of plan amendments
 1527  that are in compliance. The state land planning agency may
 1528  initiate, and an affected person may intervene in, such a
 1529  proceeding by filing a petition with the Division of
 1530  Administrative Hearings, which shall appoint an administrative
 1531  law judge and conduct a hearing pursuant to ss. 120.569 and
 1532  120.57(1) and shall submit a recommended order to the
 1533  Administration Commission. The affected local government shall
 1534  be a party to any such proceeding. The commission may implement
 1535  this subsection by rule.
 1536         (10)(12) The state land planning agency may shall not adopt
 1537  rules to implement this section, other than procedural rules.
 1538         (13)The state land planning agency shall regularly review
 1539  the evaluation and appraisal report process and submit a report
 1540  to the Governor, the Administration Commission, the Speaker of
 1541  the House of Representatives, the President of the Senate, and
 1542  the respective community affairs committees of the Senate and
 1543  the House of Representatives. The first report shall be
 1544  submitted by December 31, 2004, and subsequent reports shall be
 1545  submitted every 5 years thereafter. At least 9 months before the
 1546  due date of each report, the Secretary of Community Affairs
 1547  shall appoint a technical committee of at least 15 members to
 1548  assist in the preparation of the report. The membership of the
 1549  technical committee shall consist of representatives of local
 1550  governments, regional planning councils, the private sector, and
 1551  environmental organizations. The report shall assess the
 1552  effectiveness of the evaluation and appraisal report process.
 1553         (11)(14) The requirement of subsection (8) (10) prohibiting
 1554  a local government from adopting amendments to the local
 1555  comprehensive plan until the evaluation and appraisal report
 1556  update amendments have been adopted and transmitted to the state
 1557  land planning agency does not apply to a plan amendment proposed
 1558  for adoption by the appropriate local government as defined in
 1559  s. 163.3178(2)(k) in order to integrate a port comprehensive
 1560  master plan with the coastal management element of the local
 1561  comprehensive plan as required by s. 163.3178(2)(k) if the port
 1562  comprehensive master plan or the proposed plan amendment does
 1563  not cause or contribute to the failure of the local government
 1564  to comply with the requirements of this section the evaluation
 1565  and appraisal report.
 1566         Section 16. Section 163.3245, Florida Statutes, is amended
 1567  to read:
 1568         163.3245 Optional Sector plans.—
 1569         (1) In recognition of the benefits of conceptual long-range
 1570  planning for the buildout of an area, and detailed planning for
 1571  specific areas, as a demonstration project, the requirements of
 1572  s. 380.06 may be addressed as identified by this section for up
 1573  to five local governments or combinations of local governments
 1574  may which adopt into their the comprehensive plans a plan an
 1575  optional sector plan in accordance with this section. This
 1576  section is intended to promote and encourage long-term planning
 1577  for conservation, development, and agriculture on a landscape
 1578  scale; to further the intent of s. 163.3177(11), which supports
 1579  innovative and flexible planning and development strategies, and
 1580  the purposes of this part, and part I of chapter 380 to
 1581  facilitate protection of regionally significant water courses
 1582  and wildlife corridors;, and to avoid duplication of effort in
 1583  terms of the level of data and analysis required for a
 1584  development of regional impact, while ensuring the adequate
 1585  mitigation of impacts to applicable regional resources and
 1586  facilities, including those within the jurisdiction of other
 1587  local governments, as would otherwise be provided. Optional
 1588  Sector plans are intended for substantial geographic areas that
 1589  include including at least 15,000 5,000 acres of one or more
 1590  local governmental jurisdictions and are to emphasize urban form
 1591  and protection of regionally significant resources and public
 1592  facilities. The state land planning agency may approve optional
 1593  sector plans of less than 5,000 acres based on local
 1594  circumstances if it is determined that the plan would further
 1595  the purposes of this part and part I of chapter 380. Preparation
 1596  of an optional sector plan is authorized by agreement between
 1597  the state land planning agency and the applicable local
 1598  governments under s. 163.3171(4). An optional sector plan may be
 1599  adopted through one or more comprehensive plan amendments under
 1600  s. 163.3184. However, an optional A sector plan may not be
 1601  adopted authorized in an area of critical state concern.
 1602         (2) Upon the request of a local government having
 1603  jurisdiction, The state land planning agency may enter into an
 1604  agreement to authorize preparation of an optional sector plan
 1605  upon the request of one or more local governments based on
 1606  consideration of problems and opportunities presented by
 1607  existing development trends; the effectiveness of current
 1608  comprehensive plan provisions; the potential to further the
 1609  state comprehensive plan, applicable strategic regional policy
 1610  plans, this part, and part I of chapter 380; and those factors
 1611  identified by s. 163.3177(10)(i). the applicable regional
 1612  planning council shall conduct a scoping meeting with affected
 1613  local governments and those agencies identified in s.
 1614  163.3184(4) before preparation of the sector plan execution of
 1615  the agreement authorized by this section. The purpose of this
 1616  meeting is to assist the state land planning agency and the
 1617  local government in the identification of the relevant planning
 1618  issues to be addressed and the data and resources available to
 1619  assist in the preparation of the sector plan. If a scoping
 1620  meeting is conducted, subsequent plan amendments. the regional
 1621  planning council shall make written recommendations to the state
 1622  land planning agency and affected local governments on the
 1623  issues requested by the local government. The scoping meeting
 1624  shall be noticed and open to the public. If the entire planning
 1625  area proposed for the sector plan is within the jurisdiction of
 1626  two or more local governments, some or all of them may enter
 1627  into a joint planning agreement pursuant to s. 163.3171 with
 1628  respect to, including whether a sustainable sector plan would be
 1629  appropriate. The agreement must define the geographic area to be
 1630  subject to the sector plan, the planning issues that will be
 1631  emphasized, procedures requirements for intergovernmental
 1632  coordination to address extrajurisdictional impacts, supporting
 1633  application materials including data and analysis, and
 1634  procedures for public participation, or other issues. An
 1635  agreement may address previously adopted sector plans that are
 1636  consistent with the standards in this section. Before executing
 1637  an agreement under this subsection, the local government shall
 1638  hold a duly noticed public workshop to review and explain to the
 1639  public the optional sector planning process and the terms and
 1640  conditions of the proposed agreement. The local government shall
 1641  hold a duly noticed public hearing to execute the agreement. All
 1642  meetings between the department and the local government must be
 1643  open to the public.
 1644         (3) Optional Sector planning encompasses two levels:
 1645  adoption pursuant to under s. 163.3184 of a conceptual long-term
 1646  master plan for the entire planning area as part of the
 1647  comprehensive plan, and adoption by local development order of
 1648  two or more buildout overlay to the comprehensive plan, having
 1649  no immediate effect on the issuance of development orders or the
 1650  applicability of s. 380.06, and adoption under s. 163.3184 of
 1651  detailed specific area plans that implement the conceptual long
 1652  term master plan buildout overlay and authorize issuance of
 1653  development orders, and within which s. 380.06 is waived. Until
 1654  such time as a detailed specific area plan is adopted, the
 1655  underlying future land use designations apply.
 1656         (a) In addition to the other requirements of this chapter,
 1657  a long-term master plan pursuant to this section conceptual
 1658  long-term buildout overlay must include maps, illustrations, and
 1659  text supported by data and analysis to address the following:
 1660         1. A long-range conceptual framework map that:
 1661         a. At a minimum, generally depicts identifies anticipated
 1662  areas of urban, agricultural, rural, and conservation land use;
 1663  and
 1664         b. Identifies allowed uses in various parts of the planning
 1665  area, specifies maximum and minimum densities and intensities of
 1666  use, and provides the conceptual framework for the development
 1667  pattern in developed areas with graphic illustrations based on a
 1668  hierarchy of places and functional place-making components.
 1669         2.A general identification of the water supplies needed
 1670  and available sources of water, including water resource
 1671  development and water supply development projects, and water
 1672  conservation measures needed to meet the projected demand of the
 1673  future land uses in the long-term master plan.
 1674         3.A general identification of the transportation
 1675  facilities to serve the future land uses in the long-term master
 1676  plan, including guidelines to be used to establish each modal
 1677  component intended to optimize mobility.
 1678         4.2.A general identification of other regionally
 1679  significant public facilities consistent with chapter 9J-2,
 1680  Florida Administrative Code, irrespective of local governmental
 1681  jurisdiction necessary to support buildout of the anticipated
 1682  future land uses, which may include central utilities provided
 1683  on-site within the planning area, and policies setting forth the
 1684  procedures to be used to mitigate the impacts of future land
 1685  uses on public facilities.
 1686         5.3.A general identification of regionally significant
 1687  natural resources within the planning area and policies setting
 1688  forth the procedures for protection or conservation of specific
 1689  resources consistent with the overall conservation and
 1690  development strategy for the planning area consistent with
 1691  chapter 9J-2, Florida Administrative Code.
 1692         6.4.General principles and guidelines addressing that
 1693  address the urban form and the interrelationships of anticipated
 1694  future land uses, the protection and, as appropriate,
 1695  restoration and management of lands identified for permanent
 1696  preservation, and a discussion, at the applicant’s option, of
 1697  the extent, if any, to which the plan will address restoring key
 1698  ecosystems, achieving a more clean, healthy environment,
 1699  limiting urban sprawl, providing a range of housing types,
 1700  protecting wildlife and natural areas, advancing the efficient
 1701  use of land and other resources, and creating quality
 1702  communities of a design that promotes travel by multiple
 1703  transportation modes, and enhancing the prospects for the
 1704  creation of jobs.
 1705         7.5. Identification of general procedures and policies to
 1706  facilitate ensure intergovernmental coordination to address
 1707  extrajurisdictional impacts from future land uses the long-range
 1708  conceptual framework map.
 1709  
 1710  A long-term master plan adopted pursuant to this section must be
 1711  based upon a planning period longer than the generally
 1712  applicable planning period of the local comprehensive plan, must
 1713  specify the projected population within the planning area during
 1714  the chosen planning period, and may include a phasing or staging
 1715  schedule that allocates a portion of the local government’s
 1716  future growth to the planning area through the planning period.
 1717  A long-term master plan adopted pursuant to this section is not
 1718  required to demonstrate need based upon projected population
 1719  growth or on any other basis.
 1720         (b) In addition to the other requirements of this chapter,
 1721  including those in paragraph (a), the detailed specific area
 1722  plans shall be consistent with the long-term master plan and
 1723  must include conditions and commitments that provide for:
 1724         1. Development or conservation of an area of adequate size
 1725  to accommodate a level of development which achieves a
 1726  functional relationship between a full range of land uses within
 1727  the area and to encompass at least 1,000 acres consistent with
 1728  the long-term master plan. The local government state land
 1729  planning agency may approve detailed specific area plans of less
 1730  than 1,000 acres based on local circumstances if it is
 1731  determined that the detailed specific area plan furthers the
 1732  purposes of this part and part I of chapter 380.
 1733         2. Detailed identification and analysis of the maximum and
 1734  minimum densities and intensities of use, and the distribution,
 1735  extent, and location of future land uses.
 1736         3. Detailed identification of water resource development
 1737  and water supply development projects and related
 1738  infrastructure, and water conservation measures to address water
 1739  needs of development in the detailed specific area plan.
 1740         4.Detailed identification of the transportation facilities
 1741  to serve the future land uses in the detailed specific area
 1742  plan.
 1743         5. Detailed identification of other regionally significant
 1744  public facilities, including public facilities outside the
 1745  jurisdiction of the host local government, anticipated impacts
 1746  of future land uses on those facilities, and required
 1747  improvements consistent with the long-term master plan chapter
 1748  9J-2, Florida Administrative Code.
 1749         6.4. Public facilities necessary to serve development in
 1750  the detailed specific area plan for the short term, including
 1751  developer contributions in a financially feasible 5-year capital
 1752  improvement schedule of the affected local government.
 1753         7.5. Detailed analysis and identification of specific
 1754  measures to assure the protection or conservation of lands
 1755  identified in the long-term master plan to be permanently
 1756  preserved and, as appropriate, restored or managed, of
 1757  regionally significant natural resources and other important
 1758  resources both within and outside the host jurisdiction,
 1759  including those regionally significant resources identified in
 1760  chapter 9J-2, Florida Administrative Code.
 1761         8.6.Detailed principles and guidelines addressing that
 1762  address the urban form and the interrelationships of anticipated
 1763  future land uses; and a discussion, at the applicant’s option,
 1764  of the extent, if any, to which the plan will address restoring
 1765  key ecosystems, achieving a more clean, healthy environment;,
 1766  limiting urban sprawl;, providing a range of housing types;
 1767  protecting wildlife and natural areas;, advancing the efficient
 1768  use of land and other resources;, and creating quality
 1769  communities of a design that promotes travel by multiple
 1770  transportation modes; and enhancing the prospects for the
 1771  creation of jobs.
 1772         9.7. Identification of specific procedures to facilitate
 1773  ensure intergovernmental coordination to address
 1774  extrajurisdictional impacts from of the detailed specific area
 1775  plan.
 1776  
 1777  A detailed specific area plan adopted by local development order
 1778  pursuant to this section may be based upon a planning period
 1779  longer than the generally applicable planning period of the
 1780  local comprehensive plan and must specify the projected
 1781  population within the specific planning area during the chosen
 1782  planning period. A detailed specific area plan adopted pursuant
 1783  to this section is not required to demonstrate need based upon
 1784  projected population growth or on any other basis.
 1785         (c) In its review of a long-term master plan, the state
 1786  land planning agency shall consult with the Department of
 1787  Agriculture and Consumer Services, the Department of
 1788  Environmental Protection, the Florida Fish and Wildlife
 1789  Conservation Commission, and the applicable water management
 1790  district regarding the design of areas for protection and
 1791  conservation of regionally significant natural resources and for
 1792  the protection and, as appropriate, restoration and management
 1793  of lands identified for permanent preservation.
 1794         (d)The state land planning agency may initiate a civil
 1795  action pursuant to s. 163.3215 with respect to a detailed
 1796  specific area plan that is not consistent with a long-term
 1797  master plan adopted pursuant to this section. For purposes of
 1798  such a proceeding, the state land planning agency shall be
 1799  deemed an aggrieved and adversely affected party. Regardless of
 1800  whether the local government has adopted an ordinance that
 1801  establishes a local process that meets the requirements of s.
 1802  163.3215(4), judicial review of a detailed specific area plan
 1803  initiated by the state land planning agency shall be de novo
 1804  pursuant to s. 163.3215(3) and not by petition for writ of
 1805  certiorari pursuant to s. 163.3215(4). Any other aggrieved or
 1806  adversely affected party is subject to s. 163.3215 in all
 1807  respects when initiating a consistency challenge to a detailed
 1808  specific area plan.
 1809         (e) This subsection does may not be construed to prevent
 1810  preparation and approval of the optional sector plan and
 1811  detailed specific area plan concurrently or in the same
 1812  submission.
 1813         (4) Upon the long-term master plan becoming legally
 1814  effective:
 1815         (a)Any long-range transportation plan developed by a
 1816  metropolitan planning organization pursuant to s. 339.175(7)
 1817  shall be consistent, to the maximum extent feasible, with the
 1818  long-term master plan, including but not limited to the
 1819  projected population, the approved uses and densities and
 1820  intensities of use and their distribution within the planning
 1821  area; and the transportation facilities identified in adopted
 1822  plans pursuant to subparagraphs (3)(a)3. and (3)(b)4.
 1823         (b)The water needs, sources and water resource development
 1824  and water supply development projects identified in adopted
 1825  plans pursuant to subparagraphs (3)(a)2. and (3)(b)3. shall be
 1826  incorporated into the applicable district and regional water
 1827  supply plans adopted in accordance with ss. 373.036 and 373.709.
 1828  Accordingly, and notwithstanding the permit durations stated in
 1829  s. 373.236, an applicant may request and the applicable district
 1830  may issue consumptive use permits for durations commensurate
 1831  with the long-term master plan. The permitting criteria in s.
 1832  373.223 shall be applied based upon the projected population,
 1833  the approved densities and intensities of use, and their
 1834  distribution in the long-term master plan. The host local
 1835  government shall submit a monitoring report to the state land
 1836  planning agency and applicable regional planning council on an
 1837  annual basis after adoption of a detailed specific area plan.
 1838  The annual monitoring report must provide summarized information
 1839  on development orders issued, development that has occurred,
 1840  public facility improvements made, and public facility
 1841  improvements anticipated over the upcoming 5 years.
 1842         (5) When a plan amendment adopting a detailed specific area
 1843  plan has become effective for a portion of the planning area
 1844  governed by a long-term master plan adopted pursuant to this
 1845  section under ss. 163.3184 and 163.3189(2), the provisions of s.
 1846  380.06 do not apply to development within the geographic area of
 1847  the detailed specific area plan. However, any development-of
 1848  regional-impact development order that is vested from the
 1849  detailed specific area plan may be enforced pursuant to under s.
 1850  380.11.
 1851         (a) The local government adopting the detailed specific
 1852  area plan is primarily responsible for monitoring and enforcing
 1853  the detailed specific area plan. Local governments shall not
 1854  issue any permits or approvals or provide any extensions of
 1855  services to development which that are not consistent with the
 1856  detailed sector area plan.
 1857         (b) If the state land planning agency has reason to believe
 1858  that a violation of any detailed specific area plan, or of any
 1859  agreement entered into under this section, has occurred or is
 1860  about to occur, it may institute an administrative or judicial
 1861  proceeding to prevent, abate, or control the conditions or
 1862  activity creating the violation, using the procedures in s.
 1863  380.11.
 1864         (c) In instituting an administrative or judicial proceeding
 1865  involving a an optional sector plan or detailed specific area
 1866  plan, including a proceeding pursuant to paragraph (b), the
 1867  complaining party shall comply with the requirements of s.
 1868  163.3215(4), (5), (6), and (7), except as provided in paragraph
 1869  (3)(d).
 1870         (d)The detailed specific area plan must establish a
 1871  buildout date until which the approved development is not
 1872  subject to downzoning, unit density reduction, or intensity
 1873  reduction, unless the local government can demonstrate that
 1874  implementation of the plan is not continuing in good faith based
 1875  on standards established by plan policy, or that substantial
 1876  changes in the conditions underlying the approval of the
 1877  detailed specific area plan have occurred, or that the detailed
 1878  specific area plan was based on substantially inaccurate
 1879  information provided by the applicant, or that the change is
 1880  clearly established to be essential to the public health,
 1881  safety, or welfare.
 1882         (6) Concurrent with or subsequent to review and adoption of
 1883  a long-term master plan pursuant to paragraph (3)(a), an
 1884  applicant may apply for master development approval pursuant to
 1885  s. 380.06(21) for the entire planning area in order to establish
 1886  a buildout date until which the approved uses and densities and
 1887  intensities of use of the master plan are not subject to
 1888  downzoning, unit density reduction, or intensity reduction,
 1889  unless the local government can demonstrate that implementation
 1890  of the master plan is not continuing in good faith based on
 1891  standards established by plan policy, or that substantial
 1892  changes in the conditions underlying the approval of the master
 1893  plan have occurred, or that the master plan was based on
 1894  substantially inaccurate information provided by the applicant,
 1895  or that change is clearly established to be essential to the
 1896  public health, safety, or welfare. Review of the application for
 1897  master development approval shall be at a level of detail
 1898  appropriate for the long-term and conceptual nature of the long
 1899  term master plan and, to the maximum extent possible, shall only
 1900  consider information provided in the application for a long-term
 1901  master plan. Notwithstanding any provision of s. 380.06 to the
 1902  contrary, an increment of development in such an approved master
 1903  development plan shall be approved by a detailed specific area
 1904  plan pursuant to paragraph (3)(b) and is exempt from review
 1905  pursuant to s 380.06. Beginning December 1, 1999, and each year
 1906  thereafter, the department shall provide a status report to the
 1907  Legislative Committee on Intergovernmental Relations regarding
 1908  each optional sector plan authorized under this section.
 1909         (7) A developer within an area subject to a long-term
 1910  master plan that meets the requirements of paragraph (3)(a) and
 1911  subsection (6) or a detailed specific area plan that meets the
 1912  requirements of paragraph (3)(b) may enter into a development
 1913  agreement with a local government pursuant to ss. 163.3220
 1914  163.3243. The duration of such a development agreement may be
 1915  through the planning period of the long-term master plan or the
 1916  detailed specific area plan, as the case may be, notwithstanding
 1917  the limit on the duration of a development agreement pursuant to
 1918  s. 163.3229.
 1919         (8)Any owner of property within the planning area of a
 1920  proposed long-term master plan may withdraw his consent to the
 1921  master plan at any time prior to local government adoption, and
 1922  the local government shall exclude such parcels from the adopted
 1923  master plan. Thereafter, the long-term master plan, any detailed
 1924  specific area plan, and the exemption from development-of
 1925  regional-impact review under this section do not apply to the
 1926  subject parcels. After adoption of a long-term master plan, an
 1927  owner may withdraw his or her property from the master plan only
 1928  with the approval of the local government by plan amendment.
 1929         (9)The adoption of a long-term master plan or a detailed
 1930  specific area plan pursuant to this section does not limit the
 1931  right to continue existing agricultural or silvicultural uses or
 1932  other natural resource-based operations or to establish similar
 1933  new uses that are consistent with the plans approved pursuant to
 1934  this section.
 1935         (10)Notwithstanding any provision to the contrary of s.
 1936  380.06; this part II; or any planning agreement or plan policy,
 1937  a landowner or developer who has received approval of a master
 1938  development of regional impact development order pursuant to s.
 1939  380.06(21) may apply to implement this order by filing one or
 1940  more applications to approve a detailed specific area plan
 1941  pursuant to paragraph (3)(b).
 1942         (11)Notwithstanding the provisions of this section, a
 1943  detailed specific area plan to implement a conceptual long-term
 1944  buildout overlay, adopted by a local government and found in
 1945  compliance before July 1, 2011, shall be governed by the
 1946  provisions of this section.
 1947         (12) This section may not be construed to abrogate the
 1948  rights of any person under this chapter.
 1949         Section 17. Subsection (9) of section 163.3246, Florida
 1950  Statutes, is amended to read:
 1951         163.3246 Local government comprehensive planning
 1952  certification program.—
 1953         (9)(a) Upon certification all comprehensive plan amendments
 1954  associated with the area certified must be adopted and reviewed
 1955  in the manner described in ss. 163.3184(1), (2), (7), (14),
 1956  (15), and (16) and 163.3187, such that state and regional agency
 1957  review is eliminated. The department may not issue any
 1958  objections, recommendations, and comments report on proposed
 1959  plan amendments or a notice of intent on adopted plan
 1960  amendments; however, affected persons, as defined by s.
 1961  163.3184(1)(a), may file a petition for administrative review
 1962  pursuant to the requirements of s. 163.3187(3)(a) to challenge
 1963  the compliance of an adopted plan amendment.
 1964         (b) Plan amendments that change the boundaries of the
 1965  certification area; propose a rural land stewardship area
 1966  pursuant to s. 163.3177(11)(d); propose a an optional sector
 1967  plan pursuant to s. 163.3245; propose a school facilities
 1968  element; update a comprehensive plan based on an evaluation and
 1969  appraisal report; impact lands outside the certification
 1970  boundary; implement new statutory requirements that mandate
 1971  require specific comprehensive plan amendments; or increase
 1972  hurricane evacuation times or the need for shelter capacity on
 1973  lands within the coastal high-hazard area shall be reviewed
 1974  pursuant to ss. 163.3184 and 163.3187.
 1975         Section 18. Section 163.32465, Florida Statutes, is amended
 1976  to read:
 1977         163.32465 State review of local comprehensive plans in
 1978  urban areas.—
 1979         (1) LEGISLATIVE FINDINGS.—
 1980         (a) The Legislature finds that local governments in this
 1981  state have a wide diversity of resources, conditions, abilities,
 1982  and needs. The Legislature also finds that comprehensive
 1983  planning has been implemented throughout the state and that it
 1984  is appropriate for local governments to have the primary role in
 1985  planning for their growth. the needs and resources of urban
 1986  areas are different from those of rural areas and that different
 1987  planning and growth management approaches, strategies, and
 1988  techniques are required in urban areas. The state role in
 1989  overseeing growth management should reflect this diversity and
 1990  should vary based on local government conditions, capabilities,
 1991  needs, and extent of development. Thus, the Legislature
 1992  recognizes and finds that reduced state oversight of local
 1993  comprehensive planning is justified for some local governments
 1994  in urban areas.
 1995         (b) The Legislature finds and declares that this state’s
 1996  local governments urban areas require a reduced level of state
 1997  oversight because of their high degree of urbanization and the
 1998  planning capabilities and resources of many of their local
 1999  governments. An alternative state review process that is
 2000  adequate to protect issues of regional or statewide importance
 2001  should be created for appropriate local governments in these
 2002  areas. Further, the Legislature finds that development,
 2003  including urban infill and redevelopment, should be encouraged
 2004  in these urban areas. The Legislature finds that an alternative
 2005  Accordingly, the process provided by this section for amending
 2006  local comprehensive plans is in these areas should be
 2007  established with the an objective of streamlining the process
 2008  and recognizing local responsibility and accountability.
 2009         (c)The Legislature finds a pilot program will be
 2010  beneficial in evaluating an alternative, expedited plan
 2011  amendment adoption and review process. Pilot local governments
 2012  shall represent highly developed counties and the municipalities
 2013  within these counties and highly populated municipalities.
 2014         (2) APPLICABILITY ALTERNATIVE STATE REVIEW PROCESS PILOT
 2015  PROGRAM.—The process for amending a comprehensive plan described
 2016  in this section is applicable statewide. Pinellas and Broward
 2017  Counties, and the municipalities within these counties, and
 2018  Jacksonville, Miami, Tampa, and Hialeah shall follow an
 2019  alternative state review process provided in this section.
 2020  Municipalities within the pilot counties may elect, by super
 2021  majority vote of the governing body, not to participate in the
 2022  pilot program. In addition to the pilot program jurisdictions,
 2023  any local government may use the alternative state review
 2024  process to designate an urban service area as defined in s.
 2025  163.3164(29) in its comprehensive plan.
 2026         (3) PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS
 2027  UNDER THE PILOT PROGRAM.—
 2028         (a) Plan amendments adopted by local governments are
 2029  subject to the pilot program jurisdictions shall follow the
 2030  alternate, expedited process in subsections (4) and (5), except
 2031  as set forth in paragraphs (b)-(e) of this subsection.
 2032         (b) Amendments that qualify as small-scale development
 2033  amendments may continue to be adopted by the pilot program
 2034  jurisdictions pursuant to s. 163.3187(1)(c) and (3).
 2035         (c) Plan amendments that propose a rural land stewardship
 2036  area pursuant to s. 163.3177(11)(d); propose an optional sector
 2037  plan; update a comprehensive plan based on an evaluation and
 2038  appraisal report; implement new statutory requirements; or new
 2039  plans for newly incorporated municipalities are subject to state
 2040  review as set forth in s. 163.3184.
 2041         (d) Local governments are Pilot program jurisdictions shall
 2042  be subject to the frequency and timing requirements for plan
 2043  amendments set forth in ss. 163.3187 and 163.3191, except where
 2044  otherwise stated in this section.
 2045         (e) The mediation and expedited hearing provisions in s.
 2046  163.3189(3) apply to all plan amendments adopted pursuant to
 2047  this section by the pilot program jurisdictions.
 2048         (4) INITIAL HEARING ON COMPREHENSIVE PLAN AMENDMENT FOR
 2049  PILOT PROGRAM.—
 2050         (a) The local government shall hold its first public
 2051  hearing on a comprehensive plan amendment on a weekday at least
 2052  7 days after the day the first advertisement is published
 2053  pursuant to the requirements of chapter 125 or chapter 166. Upon
 2054  an affirmative vote of not less than a majority of the members
 2055  of the governing body present at the hearing, the local
 2056  government shall immediately transmit the amendment or
 2057  amendments and appropriate supporting data and analyses to the
 2058  state land planning agency; the appropriate regional planning
 2059  council and water management district; the Department of
 2060  Environmental Protection; the Department of State; the
 2061  Department of Transportation; in the case of municipal plans, to
 2062  the appropriate county; the Fish and Wildlife Conservation
 2063  Commission; the Department of Agriculture and Consumer Services;
 2064  and in the case of amendments that include or impact the public
 2065  school facilities element, the Office of Educational Facilities
 2066  of the Commissioner of Education. The local governing body shall
 2067  also transmit a copy of the amendments and supporting data and
 2068  analyses to any other local government or governmental agency
 2069  that has filed a written request with the governing body.
 2070         (b) The agencies and local governments specified in
 2071  paragraph (a) may provide comments regarding the amendment or
 2072  amendments to the local government. The regional planning
 2073  council review and comment shall be limited to effects on
 2074  regional resources or facilities identified in the strategic
 2075  regional policy plan and extrajurisdictional impacts that would
 2076  be inconsistent with the comprehensive plan of the affected
 2077  local government. A regional planning council shall not review
 2078  and comment on a proposed comprehensive plan amendment prepared
 2079  by such council unless the plan amendment has been changed by
 2080  the local government subsequent to the preparation of the plan
 2081  amendment by the regional planning council. County comments on
 2082  municipal comprehensive plan amendments shall be primarily in
 2083  the context of the relationship and effect of the proposed plan
 2084  amendments on the county plan. Municipal comments on county plan
 2085  amendments shall be primarily in the context of the relationship
 2086  and effect of the amendments on the municipal plan. State agency
 2087  comments may include technical guidance on issues of agency
 2088  jurisdiction as it relates to the requirements of this part.
 2089  Such comments shall clearly identify issues that, if not
 2090  resolved, may result in an agency challenge to the plan
 2091  amendment. For the purposes of this pilot program, Agencies are
 2092  encouraged to focus potential challenges on issues of regional
 2093  or statewide importance. Agencies and local governments must
 2094  transmit their comments to the affected local government such
 2095  that they are received by the local government not later than 30
 2096  thirty days from the date on which the agency or government
 2097  received the amendment or amendments.
 2098         (5) ADOPTION OF COMPREHENSIVE PLAN AMENDMENT FOR PILOT
 2099  AREAS.—
 2100         (a) The local government shall hold its second public
 2101  hearing, which shall be a hearing on whether to adopt one or
 2102  more comprehensive plan amendments, on a weekday at least 5 days
 2103  after the day the second advertisement is published pursuant to
 2104  the requirements of chapter 125 or chapter 166. Adoption of
 2105  comprehensive plan amendments must be by ordinance and requires
 2106  an affirmative vote of a majority of the members of the
 2107  governing body present at the second hearing.
 2108         (b) All comprehensive plan amendments adopted by the
 2109  governing body along with the supporting data and analysis shall
 2110  be transmitted within 10 days of the second public hearing to
 2111  the state land planning agency and any other agency or local
 2112  government that provided timely comments under paragraph (4)(b).
 2113         (6) ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR PILOT
 2114  PROGRAM.—
 2115         (a) Any “affected person” as defined in s. 163.3184(1)(a)
 2116  may file a petition with the Division of Administrative Hearings
 2117  pursuant to ss. 120.569 and 120.57, with a copy served on the
 2118  affected local government, to request a formal hearing to
 2119  challenge whether the amendments are “in compliance” as defined
 2120  in s. 163.3184(1)(b). This petition must be filed with the
 2121  Division within 30 days after the local government adopts the
 2122  amendment. The state land planning agency may intervene in a
 2123  proceeding instituted by an affected person.
 2124         (b) The state land planning agency may file a petition with
 2125  the Division of Administrative Hearings pursuant to ss. 120.569
 2126  and 120.57, with a copy served on the affected local government,
 2127  to request a formal hearing. This petition must be filed with
 2128  the Division within 30 days after the state land planning agency
 2129  notifies the local government that the plan amendment package is
 2130  complete. For purposes of this section, an adopted amendment
 2131  package shall be deemed complete if it contains a full, executed
 2132  copy of the adoption ordinance or ordinances; in the case of a
 2133  text amendment, a full copy of the amended language in
 2134  legislative format with new words inserted in the text
 2135  underlined, and words to be deleted lined through with hyphens;
 2136  in the case of a future land use map amendment, a copy of the
 2137  future land use map clearly depicting the parcel, its existing
 2138  future land use designation, and its adopted designation; and a
 2139  copy of any data and analyses the local government deems
 2140  appropriate. The state land planning agency shall notify the
 2141  local government of any deficiencies within 5 working days of
 2142  receipt of an amendment package.
 2143         (c) The state land planning agency’s challenge shall be
 2144  limited to those issues raised in the comments provided by the
 2145  reviewing agencies pursuant to paragraph (4)(b). The state land
 2146  planning agency may challenge a plan amendment that has
 2147  substantially changed from the version on which the agencies
 2148  provided comments. For the purposes of this pilot program, The
 2149  Legislature strongly encourages the state land planning agency
 2150  to focus any challenge on issues of regional or statewide
 2151  importance.
 2152         (d) An administrative law judge shall hold a hearing in the
 2153  affected local jurisdiction. The local government’s
 2154  determination that the amendment is “in compliance” is presumed
 2155  to be correct and shall be sustained unless it is shown by a
 2156  preponderance of the evidence that the amendment is not “in
 2157  compliance.”
 2158         (e) If the administrative law judge recommends that the
 2159  amendment be found not in compliance, the judge shall submit the
 2160  recommended order to the Administration Commission for final
 2161  agency action. The Administration Commission shall enter a final
 2162  order within 45 days after its receipt of the recommended order.
 2163         (f) If the administrative law judge recommends that the
 2164  amendment be found in compliance, the judge shall submit the
 2165  recommended order to the state land planning agency.
 2166         1. If the state land planning agency determines that the
 2167  plan amendment should be found not in compliance, the agency
 2168  shall refer, within 30 days of receipt of the recommended order,
 2169  the recommended order and its determination to the
 2170  Administration Commission for final agency action. If the
 2171  commission determines that the amendment is not in compliance,
 2172  it may sanction the local government as set forth in s.
 2173  163.3184(11).
 2174         2. If the state land planning agency determines that the
 2175  plan amendment should be found in compliance, the agency shall
 2176  enter its final order not later than 30 days from receipt of the
 2177  recommended order.
 2178         (g) An amendment adopted under the expedited provisions of
 2179  this section shall not become effective until 31 days after
 2180  adoption. If timely challenged, an amendment shall not become
 2181  effective until the state land planning agency or the
 2182  Administration Commission enters a final order determining the
 2183  adopted amendment to be in compliance.
 2184         (h) Parties to a proceeding under this section may enter
 2185  into compliance agreements using the process in s. 163.3184(16).
 2186  Any remedial amendment adopted pursuant to a settlement
 2187  agreement shall be provided to the agencies and governments
 2188  listed in paragraph (4)(a).
 2189         (7)APPLICABILITY OF PILOT PROGRAM IN CERTAIN LOCAL
 2190  GOVERNMENTS.—Local governments and specific areas that have been
 2191  designated for alternate review process pursuant to ss. 163.3246
 2192  and 163.3184(17) and (18) are not subject to this section.
 2193         (8)RULEMAKING AUTHORITY FOR PILOT PROGRAM.—Agencies shall
 2194  not promulgate rules to implement this pilot program.
 2195         (9)REPORT.—The Office of Program Policy Analysis and
 2196  Government Accountability shall submit to the Governor, the
 2197  President of the Senate, and the Speaker of the House of
 2198  Representatives by December 1, 2008, a report and
 2199  recommendations for implementing a statewide program that
 2200  addresses the legislative findings in subsection (1) in areas
 2201  that meet urban criteria. The Office of Program Policy Analysis
 2202  and Government Accountability in consultation with the state
 2203  land planning agency shall develop the report and
 2204  recommendations with input from other state and regional
 2205  agencies, local governments, and interest groups. Additionally,
 2206  the office shall review local and state actions and
 2207  correspondence relating to the pilot program to identify issues
 2208  of process and substance in recommending changes to the pilot
 2209  program. At a minimum, the report and recommendations shall
 2210  include the following:
 2211         (a)Identification of local governments beyond those
 2212  participating in the pilot program that should be subject to the
 2213  alternative expedited state review process. The report may
 2214  recommend that pilot program local governments may no longer be
 2215  appropriate for such alternative review process.
 2216         (b)Changes to the alternative expedited state review
 2217  process for local comprehensive plan amendments identified in
 2218  the pilot program.
 2219         (c)Criteria for determining issues of regional or
 2220  statewide importance that are to be protected in the alternative
 2221  state review process.
 2222         (d)In preparing the report and recommendations, the Office
 2223  of Program Policy Analysis and Government Accountability shall
 2224  consult with the state land planning agency, the Department of
 2225  Transportation, the Department of Environmental Protection, and
 2226  the regional planning agencies in identifying highly developed
 2227  local governments to participate in the alternative expedited
 2228  state review process. The Office of Program Policy Analysis and
 2229  Governmental Accountability shall also solicit citizen input in
 2230  the potentially affected areas and consult with the affected
 2231  local governments and stakeholder groups.
 2232         Section 19. Section 215.559, Florida Statutes, is amended
 2233  to read:
 2234         215.559 Hurricane Loss Mitigation Program.—
 2235         (1) There is created A Hurricane Loss Mitigation Program is
 2236  established in the Office of Emergency Management.
 2237         (1) The Legislature shall annually appropriate $10 million
 2238  of the moneys authorized for appropriation under s.
 2239  215.555(7)(c) from the Florida Hurricane Catastrophe Fund to the
 2240  office Department of Community Affairs for the purposes set
 2241  forth in this section. Of the amount:
 2242         (2)(a) Seven million dollars in funds provided in
 2243  subsection (1) shall be used for programs to improve the wind
 2244  resistance of residences and mobile homes, including loans,
 2245  subsidies, grants, demonstration projects, and direct
 2246  assistance; educating persons concerning the Florida Building
 2247  Code cooperative programs with local governments and the Federal
 2248  Government; and other efforts to prevent or reduce losses or
 2249  reduce the cost of rebuilding after a disaster.
 2250         (b) Three million dollars in funds provided in subsection
 2251  (1) shall be used to retrofit existing facilities used as public
 2252  hurricane shelters. Each year the office shall department must
 2253  prioritize the use of these funds for projects included in the
 2254  annual report of the September 1, 2000, version of the Shelter
 2255  Retrofit Report prepared in accordance with s. 252.385(3), and
 2256  each annual report thereafter. The office department must give
 2257  funding priority to projects in regional planning council
 2258  regions that have shelter deficits and to projects that maximize
 2259  the use of state funds.
 2260         (2)(3)(a) Forty percent of the total appropriation in
 2261  paragraph (1)(a) (2)(a) shall be used to inspect and improve
 2262  tie-downs for mobile homes.
 2263         (b)1. There is created The Manufactured Housing and Mobile
 2264  Home Mitigation and Enhancement Program is established. The
 2265  program shall require the mitigation of damage to or the
 2266  enhancement of homes for the areas of concern raised by the
 2267  Department of Highway Safety and Motor Vehicles in the 2004-2005
 2268  Hurricane Reports on the effects of the 2004 and 2005 hurricanes
 2269  on manufactured and mobile homes in this state. The mitigation
 2270  or enhancement must include, but need not be limited to,
 2271  problems associated with weakened trusses, studs, and other
 2272  structural components caused by wood rot or termite damage;
 2273  site-built additions; or tie-down systems and may also address
 2274  any other issues deemed appropriate by Tallahassee Community
 2275  College, the Federation of Manufactured Home Owners of Florida,
 2276  Inc., the Florida Manufactured Housing Association, and the
 2277  Department of Highway Safety and Motor Vehicles. The program
 2278  shall include an education and outreach component to ensure that
 2279  owners of manufactured and mobile homes are aware of the
 2280  benefits of participation.
 2281         2. The program shall be a grant program that ensures that
 2282  entire manufactured home communities and mobile home parks may
 2283  be improved wherever practicable. The moneys appropriated for
 2284  this program shall be distributed directly to Tallahassee
 2285  Community College for the uses set forth under this subsection.
 2286         3. Upon evidence of completion of the program, the Citizens
 2287  Property Insurance Corporation shall grant, on a pro rata basis,
 2288  actuarially reasonable discounts, credits, or other rate
 2289  differentials or appropriate reductions in deductibles for the
 2290  properties of owners of manufactured homes or mobile homes on
 2291  which fixtures or construction techniques that have been
 2292  demonstrated to reduce the amount of loss in a windstorm have
 2293  been installed or implemented. The discount on the premium must
 2294  be applied to subsequent renewal premium amounts. Premiums of
 2295  the Citizens Property Insurance Corporation must reflect the
 2296  location of the home and the fact that the home has been
 2297  installed in compliance with building codes adopted after
 2298  Hurricane Andrew. Rates resulting from the completion of the
 2299  Manufactured Housing and Mobile Home Mitigation and Enhancement
 2300  Program are not considered competitive rates for the purposes of
 2301  s. 627.351(6)(d)1. and 2.
 2302         4. On or before January 1 of each year, Tallahassee
 2303  Community College shall provide a report of activities under
 2304  this subsection to the Governor, the President of the Senate,
 2305  and the Speaker of the House of Representatives. The report must
 2306  set forth the number of homes that have taken advantage of the
 2307  program, the types of enhancements and improvements made to the
 2308  manufactured or mobile homes and attachments to such homes, and
 2309  whether there has been an increase in availability of insurance
 2310  products to owners of manufactured or mobile homes.
 2311  
 2312  Tallahassee Community College shall develop the programs set
 2313  forth in this subsection in consultation with the Federation of
 2314  Manufactured Home Owners of Florida, Inc., the Florida
 2315  Manufactured Housing Association, and the Department of Highway
 2316  Safety and Motor Vehicles. The moneys appropriated for the
 2317  programs set forth in this subsection shall be distributed
 2318  directly to Tallahassee Community College to be used as set
 2319  forth in this subsection.
 2320         (3)(4) Of moneys provided to the Department of Community
 2321  Affairs in paragraph (1)(a) (2)(a), 10 percent shall be
 2322  allocated to the Florida International University center
 2323  dedicated to hurricane research. The center shall develop a
 2324  preliminary work plan approved by the advisory council set forth
 2325  in subsection (4) (5) to eliminate the state and local barriers
 2326  to upgrading existing mobile homes and communities, research and
 2327  develop a program for the recycling of existing older mobile
 2328  homes, and support programs of research and development relating
 2329  to hurricane loss reduction devices and techniques for site
 2330  built residences. The State University System also shall consult
 2331  with the Department of Community Affairs and assist the
 2332  department with the report required under subsection (6) (7).
 2333         (4)(5) Except for the programs set forth in subsection (3)
 2334  (4), the office Department of Community Affairs shall develop
 2335  the programs set forth in this section in consultation with an
 2336  advisory council consisting of a representative designated by
 2337  the Chief Financial Officer, a representative designated by the
 2338  Florida Home Builders Association, a representative designated
 2339  by the Florida Insurance Council, a representative designated by
 2340  the Federation of Manufactured Home Owners, a representative
 2341  designated by the Florida Association of Counties, and a
 2342  representative designated by the Florida Manufactured Housing
 2343  Association, and a representative designated by the Florida
 2344  Building Commission.
 2345         (5)(6) Moneys provided to the office Department of
 2346  Community Affairs under this section are intended to supplement,
 2347  not supplant, the office’s other funding sources of the
 2348  Department of Community Affairs and may not supplant other
 2349  funding sources of the Department of Community Affairs.
 2350         (6)(7) On January 1st of each year, the office Department
 2351  of Community Affairs shall provide a full report and accounting
 2352  of activities under this section and an evaluation of such
 2353  activities to the Speaker of the House of Representatives, the
 2354  President of the Senate, and the Majority and Minority Leaders
 2355  of the House of Representatives and the Senate. Upon completion
 2356  of the report, the office Department of Community Affairs shall
 2357  deliver the report to the Office of Insurance Regulation. The
 2358  Office of Insurance Regulation shall review the report and shall
 2359  make such recommendations available to the insurance industry as
 2360  the Office of Insurance Regulation deems appropriate. These
 2361  recommendations may be used by insurers for potential discounts
 2362  or rebates pursuant to s. 627.0629. The Office of Insurance
 2363  Regulation shall make such the recommendations within 1 year
 2364  after receiving the report.
 2365         (8)(a) Notwithstanding any other provision of this section
 2366  and for the 2010-2011 fiscal year only, the $3 million
 2367  appropriation provided for in paragraph (2)(b) may be used for
 2368  hurricane shelters as identified in the General Appropriations
 2369  Act.
 2370         (b) This subsection expires June 30, 2011.
 2371         (7)(9) This section is repealed June 30, 2021 2011.
 2372         Section 20. Section 288.005, Florida Statutes, is created
 2373  to read:
 2374         288.005Definitions.—As used in this chapter, the following
 2375  words and phrases shall have the following meanings and
 2376  references:
 2377         (1) “Economic benefits” means the direct, indirect, and
 2378  induced gains in state revenues as a percentage of the state’s
 2379  investment. The state’s investment includes state grants, tax
 2380  exemptions, tax refunds, tax credits, and other state
 2381  incentives.
 2382         (2) “Commissioner” means the commissioner of Jobs Florida,
 2383  unless otherwise stated.
 2384         Section 21. Section 288.048, Florida Statutes, is created
 2385  to read:
 2386         288.048Incumbent worker training for economic
 2387  development.—
 2388         (1)The Incumbent Worker Training Program is created within
 2389  Jobs Florida for the purpose of providing grant funding for
 2390  continuing education and training of incumbent employees at
 2391  existing Florida businesses. The program will provide
 2392  reimbursement grants to businesses that pay for preapproved,
 2393  direct, training-related costs.
 2394         (2)The Incumbent Worker Training Program is administered
 2395  by Jobs Florida in conjunction with Workforce Florida, Inc. Jobs
 2396  Florida, at its discretion, may contract with a private business
 2397  organization to serve as the grant administrator.
 2398         (3)To be eligible for the program’s grant funding, a
 2399  business must have been in operation in this state for at least
 2400  1 year before applying for grant funding; have at least one
 2401  full-time employee; demonstrate financial viability; and be
 2402  current on all state tax obligations. Priority for funding shall
 2403  be given to businesses having 25 or fewer employees, businesses
 2404  in rural areas, businesses in distressed inner-city areas,
 2405  businesses in a qualified targeted industry, businesses whose
 2406  grant proposals represent a significant upgrade in employee
 2407  skills, or businesses whose grant proposals represent a
 2408  significant layoff avoidance strategy.
 2409         (4)All costs reimbursed by the program must be preapproved
 2410  by Jobs Florida or the grant administrator. The program will not
 2411  reimburse businesses for trainee wages, the purchase of capital
 2412  equipment, or the purchase of any item or service that may be
 2413  used outside the training project. A business approved for a
 2414  grant may be reimbursed for preapproved, direct, training
 2415  related costs including tuition, fees, books and training
 2416  materials, and overhead or indirect costs not to exceed 5
 2417  percent of the grant amount.
 2418         (5)A business that is selected to receive grant funding
 2419  must provide a matching contribution to the training project,
 2420  including, but not limited to, wages paid to trainees or the
 2421  purchase of capital equipment used in the training project; must
 2422  sign an agreement with Jobs Florida or the grant administrator
 2423  to complete the training project as proposed in the application;
 2424  must keep accurate records of the project’s implementation
 2425  process; and must submit monthly or quarterly reimbursement
 2426  requests with required documentation.
 2427         (6)All Incumbent Worker Training Program grant projects
 2428  shall be performance-based with specific measurable performance
 2429  outcomes, including completion of the training project and job
 2430  retention. Jobs Florida or the grant administrator shall
 2431  withhold the final payment to the grantee until a final grant
 2432  report is submitted and all performance criteria specified in
 2433  the grant contract have been achieved.
 2434         (7)Jobs Florida may establish guidelines, in conjunction
 2435  with Workforce Florida, Inc., necessary to implement the
 2436  Incumbent Worker Training Program.
 2437         (8)No more than 10 percent of the Incumbent Worker
 2438  Training Program’s total appropriation may be used for overhead
 2439  or indirect purposes. Federal funds available for the program
 2440  are limited as set forth in s. 443.003(3).
 2441         Section 22. Section 288.061, Florida Statutes, is amended
 2442  to read:
 2443         288.061 Economic development incentive application
 2444  process.—
 2445         (1) Within 10 business days after receiving a submitted
 2446  economic development incentive application, the Division of
 2447  Strategic Business Development of Jobs Florida and designated
 2448  staff of the Jobs Florida Partnership Enterprise Florida, Inc.,
 2449  shall review the application and inform the applicant business
 2450  whether or not its application is complete, whether and what
 2451  type of state and local permits may be necessary for the
 2452  applicant’s project, whether it is possible to waive such
 2453  permits, and what state incentives and amounts of such
 2454  incentives may be available to the applicant. Within 10 business
 2455  days after the application is deemed complete, Enterprise
 2456  Florida, Inc., shall evaluate the application and recommend
 2457  approval or disapproval of the application to the director of
 2458  the Office of Tourism, Trade, and Economic Development. In
 2459  recommending an applicant business for approval, Enterprise
 2460  Florida, Inc., shall include in its evaluation a recommended
 2461  grant award amount and a review of the applicant’s ability to
 2462  meet specific program criteria.
 2463         (2) Within 14 business 10 calendar days after the initial
 2464  review and communication with the applicant, Jobs Florida shall
 2465  the Office of Tourism, Trade, and Economic Development receives
 2466  the evaluation and recommendation from Enterprise Florida, Inc.,
 2467  the Office shall notify Enterprise Florida, Inc., whether or not
 2468  the application is reviewable. Within 22 calendar days after the
 2469  Office receives the recommendation from Enterprise Florida,
 2470  Inc., the director of the Office shall review the application
 2471  and issue a letter of certification to the applicant which that
 2472  approves or disapproves an applicant business and includes a
 2473  justification of that decision, unless the business requests an
 2474  extension of that time.
 2475         (a) The final order or agreement with the applicant shall
 2476  specify the total amount of the award, the performance
 2477  conditions that must be met to obtain the award, and the
 2478  schedule for payment. Jobs Florida may enter into one agreement
 2479  or issue one final order covering all of the state incentives
 2480  that are being provided to the applicant.
 2481         (b) The release of funds for the incentive or incentives
 2482  awarded to the applicant depends upon the statutory requirements
 2483  of the particular incentive program.
 2484         Section 23. Section 288.095, Florida Statutes, is amended
 2485  to read:
 2486         288.095 Economic Development Trust Fund.—
 2487         (1) The Economic Development Trust Fund is created within
 2488  Jobs Florida the Office of Tourism, Trade, and Economic
 2489  Development. Moneys deposited into the fund must be used only to
 2490  support the authorized activities and operations of Jobs Florida
 2491  the Office.
 2492         (2) There is created, within the Economic Development Trust
 2493  Fund, the Economic Development Incentives Account. The Economic
 2494  Development Incentives Account consists of moneys appropriated
 2495  to the account for purposes of the tax incentives programs
 2496  authorized under ss. 288.1045 and 288.106; the, and local
 2497  financial support provided under ss. 288.1045 and 288.106; and
 2498  the federal funds designated for purposes of s. 288.048. Moneys
 2499  in the Economic Development Incentives Account shall be subject
 2500  to the provisions of s. 216.301(1)(a). Federal funds set aside
 2501  for the incumbent worker training program under s. 288.048 may
 2502  not be used for any other economic development program.
 2503         (3)(a) Jobs Florida The Office of Tourism, Trade, and
 2504  Economic Development may approve applications for certification
 2505  pursuant to ss. 288.1045(3) and 288.106. However, the total
 2506  state share of tax refund payments scheduled in all active
 2507  certifications for fiscal year 2001-2002 may not exceed $30
 2508  million. The total for each subsequent fiscal year may not
 2509  exceed $35 million.
 2510         (b) The total amount of tax refund claims approved for
 2511  payment by Jobs Florida the Office of Tourism, Trade, and
 2512  Economic Development based on actual project performance may not
 2513  exceed the amount appropriated to the Economic Development
 2514  Incentives Account for such purposes for the fiscal year. Claims
 2515  for tax refunds under ss. 288.1045 and 288.106 shall be paid in
 2516  the order the claims are approved by Jobs Florida the Office of
 2517  Tourism, Trade, and Economic Development. In the event the
 2518  Legislature does not appropriate an amount sufficient to satisfy
 2519  the tax refunds under ss. 288.1045 and 288.106 in a fiscal year,
 2520  Jobs Florida the Office of Tourism, Trade, and Economic
 2521  Development shall pay the tax refunds from the appropriation for
 2522  the following fiscal year. By March 1 of each year, Jobs Florida
 2523  the Office of Tourism, Trade, and Economic Development shall
 2524  notify the legislative appropriations committees of the Senate
 2525  and House of Representatives of any anticipated shortfall in the
 2526  amount of funds needed to satisfy claims for tax refunds from
 2527  the appropriation for the current fiscal year.
 2528         (c) Pursuant to s. 288.907 By December 31 of each year,
 2529  Jobs Florida Enterprise Florida, Inc., shall submit a complete
 2530  and detailed annual report to the Governor, the President of the
 2531  Senate, and the Speaker of the House of Representatives, and the
 2532  director of the Office of Tourism, Trade, and Economic
 2533  Development of all applications received, recommendations made
 2534  to Jobs Florida the Office of Tourism, Trade, and Economic
 2535  Development, final decisions issued, tax refund agreements
 2536  executed, and tax refunds paid or other payments made under all
 2537  programs funded out of the Economic Development Incentives
 2538  Account, including analyses of benefits and costs, types of
 2539  projects supported, and employment and investment created. Jobs
 2540  Florida Enterprise Florida, Inc., shall also include a separate
 2541  analysis of the impact of such tax refunds on state enterprise
 2542  zones designated pursuant to s. 290.0065, rural communities,
 2543  brownfield areas, and distressed urban communities. The report
 2544  must also discuss the efforts made by Jobs Florida the Office of
 2545  Tourism, Trade, and Economic Development to amend tax refund
 2546  agreements to require tax refund claims to be submitted by
 2547  January 31 for the net new full-time equivalent jobs in this
 2548  state as of December 31 of the preceding calendar year. The
 2549  report must also list the name and tax refund amount for each
 2550  business that has received a tax refund under s. 288.1045 or s.
 2551  288.106 during the preceding fiscal year. The Office of Tourism,
 2552  Trade, and Economic Development shall assist Enterprise Florida,
 2553  Inc., in the collection of data related to business performance
 2554  and incentive payments.
 2555         (d) Moneys in the Economic Development Incentives Account
 2556  may be used only to pay tax refunds and make other payments
 2557  authorized for the programs identified by law under s. 288.1045,
 2558  s. 288.106, or s. 288.107.
 2559         (e) Jobs Florida The Office of Tourism, Trade, and Economic
 2560  Development may adopt rules necessary to carry out the
 2561  provisions of this subsection, including rules providing for the
 2562  use of moneys in the Economic Development Incentives Account and
 2563  for the administration of the Economic Development Incentives
 2564  Account.
 2565         Section 24. Section 288.1081, Florida Statutes, is amended
 2566  to read:
 2567         288.1081 Economic Gardening Business Loan Pilot Program.—
 2568         (1) There is created within Jobs Florida the Office of
 2569  Tourism, Trade, and Economic Development the Economic Gardening
 2570  Business Loan Pilot Program. The purpose of the pilot program is
 2571  to stimulate investment in Florida’s economy by providing loans
 2572  to expanding businesses in the state. As used in this section,
 2573  the term “office” means the Office of Tourism, Trade, and
 2574  Economic Development.
 2575         (2) The Legislature finds that it is vital to the overall
 2576  health and growth of the state’s economy to promote favorable
 2577  conditions for expanding Florida businesses that demonstrate the
 2578  ability to grow. The Legislature further finds that, due to the
 2579  current extraordinary economic challenges confronting the state,
 2580  there exists a public purpose in expending state resources to
 2581  stimulate investment in Florida’s economy. It is therefore the
 2582  intent of the Legislature that resources be provided for the
 2583  loan pilot program.
 2584         (3)(a) To be eligible for a loan under the pilot program,
 2585  an applicant must be a business eligible for assistance under
 2586  the Economic Gardening Technical Assistance Pilot Program as
 2587  provided in s. 288.1082(4)(a).
 2588         (b) A loan applicant must submit a written application to
 2589  the loan administrator in the format prescribed by the loan
 2590  administrator. The application must include:
 2591         1. The applicant’s federal employer identification number,
 2592  unemployment account number, and sales or other tax registration
 2593  number.
 2594         2. The street address of the applicant’s principal place of
 2595  business in this state.
 2596         3. A description of the type of economic activity, product,
 2597  or research and development undertaken by the applicant,
 2598  including the six-digit North American Industry Classification
 2599  System code for each type of economic activity conducted by the
 2600  applicant.
 2601         4. The applicant’s annual revenue, number of employees,
 2602  number of full-time equivalent employees, and other information
 2603  necessary to verify the applicant’s eligibility for the
 2604  technical assistance pilot program under s. 288.1082(4)(a).
 2605         5. The projected investment in the business, if any, which
 2606  the applicant proposes in conjunction with the loan.
 2607         6. The total investment in the business from all sources,
 2608  if any, which the applicant proposes in conjunction with the
 2609  loan.
 2610         7. The number of net new full-time equivalent jobs that, as
 2611  a result of the loan, the applicant proposes to create in this
 2612  state as of December 31 of each year and the average annual wage
 2613  of the proposed jobs.
 2614         8. The total number of full-time equivalent employees the
 2615  applicant currently employs in this state.
 2616         9. The date that the applicant anticipates it needs the
 2617  loan.
 2618         10. A detailed explanation of why the loan is needed to
 2619  assist the applicant in expanding jobs in the state.
 2620         11. A statement that all of the applicant’s available
 2621  corporate assets are pledged as collateral for the amount of the
 2622  loan.
 2623         12. A statement that the applicant, upon receiving the
 2624  loan, agrees not to seek additional long-term debt without prior
 2625  approval of the loan administrator.
 2626         13. A statement that the loan is a joint obligation of the
 2627  business and of each person who owns at least 20 percent of the
 2628  business.
 2629         14. Any additional information requested by Jobs Florida
 2630  the office or the loan administrator.
 2631         (c) The loan administrator, after verifying the accuracy of
 2632  a submitted application, shall award the loan to the applicant
 2633  if the administrator determines that the applicant, as compared
 2634  to other applicants submitting applications, is in the best
 2635  position to use the loan to continue making a successful long
 2636  term business commitment to the state. The loan administrator
 2637  also shall consider the following factors:
 2638         1. Whether the applicant has applied for or received
 2639  incentives from local governments;
 2640         2. Whether the applicant has applied for or received
 2641  waivers of taxes, impact fees, or other fees or charges by local
 2642  governments; and
 2643         3. What other sources of investments or financing for the
 2644  project that is the subject of the loan application will be
 2645  available to the applicant.
 2646         (d) A borrower awarded a loan under this section and the
 2647  loan administrator must enter into a loan agreement that
 2648  provides for the borrower’s repayment of the loan.
 2649         (4) The following terms apply to a loan received under the
 2650  pilot program:
 2651         (a) The maximum amount of the loan is $250,000.
 2652         (b) The proceeds of the loan may be used for working
 2653  capital purchases, employee training, or salaries for newly
 2654  created jobs in the state.
 2655         (c) The security interest for the loan’s collateral
 2656  covering all of the borrower’s available corporate assets to
 2657  cover the amount of the loan must be perfected by recording a
 2658  lien under the Uniform Commercial Code.
 2659         (d) The period of the loan is 4 years.
 2660         (e) The interest rate of the loan is 2 percent. However, if
 2661  the borrower does not create the projected number of jobs within
 2662  the terms of the loan agreement, the interest rate shall be
 2663  increased for the remaining period of the loan to the prime rate
 2664  published in the Wall Street Journal, as of the date specified
 2665  in the loan agreement, plus 4 percentage points. The loan
 2666  agreement may provide flexibility in meeting the projected
 2667  number of jobs for delays due to governmental regulatory issues,
 2668  including, but not limited to, permitting.
 2669         (f) For the first 12 months of the loan, payment is due for
 2670  interest only, payable during the twelfth month. Thereafter,
 2671  payment for interest and principal is due each month until the
 2672  loan is paid in full. Interest and principal payments are based
 2673  on the unpaid balance of the total loan amount.
 2674         (5)(a) Jobs Florida the Office may designate one or more
 2675  qualified entities to serve as loan administrators for the pilot
 2676  program. A loan administrator must:
 2677         1. Be a Florida corporation not for profit incorporated
 2678  under chapter 617 which has its principal place of business in
 2679  the state.
 2680         2. Have 5 years of verifiable experience of lending to
 2681  businesses in this state.
 2682         3. Submit an application to Jobs Florida the Office on
 2683  forms prescribed by Jobs Florida the Office. The application
 2684  must include the loan administrator’s business plan for its
 2685  proposed lending activities under the pilot program, including,
 2686  but not limited to, a description of its outreach efforts,
 2687  underwriting, credit policies and procedures, credit decision
 2688  processes, monitoring policies and procedures, and collection
 2689  practices; the membership of its board of directors; and samples
 2690  of its currently used loan documentation. The application must
 2691  also include a detailed description and supporting documentation
 2692  of the nature of the loan administrator’s partnerships with
 2693  local or regional economic and business development
 2694  organizations.
 2695         (b) Jobs Florida The Office, upon selecting a loan
 2696  administrator, shall enter into a grant agreement with the
 2697  administrator to issue the available loans to eligible
 2698  applicants. The grant agreement must specify the aggregate
 2699  amount of the loans authorized for award by the loan
 2700  administrator. The term of the grant agreement must be at least
 2701  4 years, except that Jobs Florida the Office may terminate the
 2702  agreement earlier if the loan administrator fails to meet
 2703  minimum performance standards set by Jobs Florida the office.
 2704  The grant agreement may be amended by mutual consent of both
 2705  parties.
 2706         (c) Jobs Florida The Office shall disburse from the
 2707  Economic Development Trust Fund to the loan administrator the
 2708  appropriations provided for the pilot program. Disbursements to
 2709  the loan administrator must not exceed the aggregate amount of
 2710  the loans authorized in the grant agreement. Jobs Florida the
 2711  Office may not disburse more than 50 percent of the aggregate
 2712  amount of the loans authorized in the grant agreement until Jobs
 2713  Florida the Office verifies the borrowers’ use of the loan
 2714  proceeds and the loan administrator’s successful credit
 2715  decisionmaking policies.
 2716         (e) A loan administrator, after collecting the servicing
 2717  fee in accordance with paragraph (d), shall use remit the
 2718  borrower’s collected interest, principal payments, and charges
 2719  for late payments to provide additional loans to eligible
 2720  borrowers under this section the office on a quarterly basis. If
 2721  the borrower defaults on the loan, the loan administrator shall
 2722  initiate collection efforts to seek repayment of the loan. The
 2723  loan administrator may, upon collecting payments for a defaulted
 2724  loan, deduct the costs of the administrator’s collection efforts
 2725  shall remit the payments to the office but, to the extent
 2726  authorized in the grant agreement, and shall use the remaining
 2727  payments to provide additional loans to eligible borrowers under
 2728  this section may deduct the costs of the administrator’s
 2729  collection efforts. The Office shall deposit all funds received
 2730  under this paragraph in the General Revenue Fund.
 2731         (f) A loan administrator shall submit quarterly reports to
 2732  Jobs Florida the Office which include the information required
 2733  in the grant agreement. A quarterly report must include, at a
 2734  minimum, the number of full-time equivalent jobs created as a
 2735  result of the loans, the amount of wages paid to employees in
 2736  the newly created jobs, and the locations and types of economic
 2737  activity undertaken by the borrowers.
 2738         (6) All notes, mortgages, security agreements, letters of
 2739  credit, or other instruments that are given to secure the
 2740  repayment of loans issued in connection with the financing of
 2741  any loan under the program, without regard to the status of any
 2742  party thereto as a private party, are exempt from taxation by
 2743  the state and its political subdivisions. The exemption granted
 2744  in this subsection does not apply to any tax imposed by chapter
 2745  220 on interest, income, or profits on debt obligations owned by
 2746  corporations.
 2747         (7) Jobs Florida The Office shall adopt rules under ss.
 2748  120.536(1) and 120.54 to administer this section. To the extent
 2749  necessary to expedite implementation of the pilot program, the
 2750  Office may adopt initial emergency rules for the pilot program
 2751  in accordance with s. 120.54(4).
 2752         (8) On June 30 and December 31 of each year, Jobs Florida
 2753  beginning in 2009, the Office shall submit a report to the
 2754  Governor, the President of the Senate, and the Speaker of the
 2755  House of Representatives which describes in detail the use of
 2756  the loan funds. The report must include, at a minimum, the
 2757  number of businesses receiving loans, the number of full-time
 2758  equivalent jobs created as a result of the loans, the amount of
 2759  wages paid to employees in the newly created jobs, the locations
 2760  and types of economic activity undertaken by the borrowers, the
 2761  amounts of loan repayments made to date, and the default rate of
 2762  borrowers.
 2763         (9) Unexpended balances of appropriations provided for the
 2764  loan pilot program shall not revert to the fund from which the
 2765  appropriation was made at the end of a fiscal year but shall be
 2766  retained in the Economic Development Trust Fund and be carried
 2767  forward for expenditure for the pilot program during the
 2768  following fiscal year. A loan administrator may not award a new
 2769  loan or enter into a loan agreement after June 30, 2011.
 2770  Balances of appropriations provided for the pilot program which
 2771  remain unexpended as of July 1, 2011, shall revert to the
 2772  General Revenue Fund.
 2773         (10) This section is repealed July 1, 2016, unless reviewed
 2774  and reenacted by the Legislature before that date.
 2775         Section 25. Section 288.1082, Florida Statutes, is amended
 2776  to read:
 2777         288.1082 Economic Gardening Technical Assistance Pilot
 2778  Program.—
 2779         (1) There is created within Jobs Florida The Office of
 2780  Tourism, Trade, and Economic Development the Economic Gardening
 2781  Technical Assistance Pilot Program. The purpose of the pilot
 2782  program is to stimulate investment in Florida’s economy by
 2783  providing technical assistance for expanding businesses in the
 2784  state. As used in this section, the term “Office” means the
 2785  Office of Tourism, Trade, and Economic Development.
 2786         (2) Jobs Florida The Office shall contract with one or more
 2787  entities to administer the technical assistance pilot program
 2788  under this section. Jobs Florida The Office shall award each
 2789  contract in accordance with the competitive bidding requirements
 2790  in s. 287.057 to an entity that demonstrates the ability to
 2791  implement the pilot program on a statewide basis, has an
 2792  outreach plan, and has the ability to provide counseling
 2793  services, access to technology and information, marketing
 2794  services and advice, business management support, and other
 2795  similar services. In selecting these entities, Jobs Florida the
 2796  Office also must consider whether the entities will qualify for
 2797  matching funds to provide the technical assistance.
 2798         (3) A contracted entity administering the pilot program
 2799  shall provide technical assistance for eligible businesses which
 2800  includes, but is not limited to:
 2801         (a) Access to free or affordable information services and
 2802  consulting services, including information on markets,
 2803  customers, and competitors, such as business databases,
 2804  geographic information systems, and search engine marketing.
 2805         (b) Development of business connections, including
 2806  interaction and exchange among business owners and resource
 2807  providers, such as trade associations, think tanks, academic
 2808  institutions, business roundtables, peer-to-peer learning
 2809  sessions, and mentoring programs.
 2810         (4)(a) To be eligible for assistance under the pilot
 2811  program, a business must be a for-profit, privately held,
 2812  investment-grade business that employs at least 10 persons but
 2813  not more than 50 persons, has maintained its principal place of
 2814  business in the state for at least the previous 2 years,
 2815  generates at least $1 million but not more than $25 million in
 2816  annual revenue, qualifies for the tax refund program for
 2817  qualified target industry businesses under s. 288.106, and,
 2818  during 3 of the previous 5 years, has increased both its number
 2819  of full-time equivalent employees in this state and its gross
 2820  revenues.
 2821         (b) The A contracted entity administering the pilot
 2822  program, in selecting the eligible businesses to receive
 2823  assistance, shall choose businesses in more than one industry
 2824  cluster and, to the maximum extent practicable, shall choose
 2825  businesses that are geographically distributed throughout
 2826  Florida or are in partnership with businesses that are
 2827  geographically distributed throughout Florida.
 2828         (5)(a) A business receiving assistance under the pilot
 2829  program must enter into an agreement with the contracted entity
 2830  administering the program to establish the business’s commitment
 2831  to participation in the pilot program. The agreement must
 2832  require, at a minimum, that the business:
 2833         1. Attend a minimum number of meetings between the business
 2834  and the contracted entity administering the pilot program.
 2835         2. Report job creation data in the manner prescribed by the
 2836  contracted entity administering the pilot program.
 2837         3. Provide financial data in the manner prescribed by the
 2838  contracted entity administering the program.
 2839         (b) Jobs Florida The office or the contracted entity
 2840  administering the pilot program may prescribe in the agreement
 2841  additional reporting requirements that are necessary to track
 2842  the progress of the business and monitor the business’s
 2843  implementation of the assistance. The contracted entity shall
 2844  report the information to Jobs Florida the office on a quarterly
 2845  basis.
 2846         (6) The A contracted entity administering the pilot program
 2847  is authorized to promote the general business interests or
 2848  industrial interests of the state.
 2849         (7) Jobs Florida The Office shall review the progress of
 2850  the a contracted entity administering the pilot program at least
 2851  once each 6 months and shall determine whether the contracted
 2852  entity is meeting its contractual obligations for administering
 2853  the pilot program. Jobs Florida The Office may terminate and
 2854  rebid a contract if the contracted entity does not meet its
 2855  contractual obligations.
 2856         (8) On December 31 of each year, Jobs Florida beginning in
 2857  2009, the Office shall submit a report to the Governor, the
 2858  President of the Senate, and the Speaker of the House of
 2859  Representatives which describes in detail the progress of the
 2860  pilot program. The report must include, at a minimum, the number
 2861  of businesses receiving assistance, the number of full-time
 2862  equivalent jobs created as a result of the assistance, if any,
 2863  the amount of wages paid to employees in the newly created jobs,
 2864  and the locations and types of economic activity undertaken by
 2865  the businesses.
 2866         (9) Jobs Florida the Office may adopt rules under ss.
 2867  120.536(1) and 120.54 to administer this section.
 2868         Section 26. The Division of Statutory Revision is requested
 2869  to rename part VII of chapter 288, Florida Statutes, consisting
 2870  of ss. 288.901-288.9415, Florida Statutes, as “Jobs Florida
 2871  Partnership, Inc.
 2872         Section 27. Section 288.901, Florida Statutes, is amended
 2873  to read:
 2874         (Substantial rewording of section. See
 2875         s. 288.901, F.S., for present text.)
 2876         288.901 Jobs Florida Partnership, Inc.—
 2877         (1)CREATION.—
 2878         (a) There is created a nonprofit corporation, to be known
 2879  as “Jobs Florida Partnership, Inc.,” which shall be registered,
 2880  incorporated, organized, and operated in compliance with chapter
 2881  617, and which is not a unit or entity of state government.
 2882         (b) However, the Legislature determines it is in the best
 2883  interest of the state and reflects the state’s public policy
 2884  that Jobs Florida Partnership, Inc., operate in the most open
 2885  and accessible manner consistent with its public purposes. To
 2886  this end, the Legislature specifically declares that Jobs
 2887  Florida Partnership, Inc., and its divisions, boards and
 2888  advisory councils, or similar entities created or managed by the
 2889  Jobs Florida Partnership, Inc., are subject to the provisions of
 2890  chapter 119, relating to public records and those provisions of
 2891  chapter 286 relating to public meetings and records.
 2892         (c) Additionally, the Legislature determines that it is in
 2893  the public interest for the members of the Jobs Florida
 2894  Partnership, Inc., board of directors to be subject to the
 2895  requirements of ss. 112.3135, 112.3143, and 112.313, excluding
 2896  s. 112.313(2), notwithstanding the fact that the board members
 2897  are not public officers or employees. For purposes of those
 2898  sections, the board members shall be considered to be public
 2899  officers or employees. The exemption set forth in s. 212.313(12)
 2900  for advisory boards applies to the members of the Jobs Florida
 2901  Partnership, Inc., board of directors. Further, each member of
 2902  the board of directors who is not otherwise required to file
 2903  financial disclosures pursuant to s. 8, Art. II of the State
 2904  Constitution or s. 112.3144, shall file disclosure of financial
 2905  interests pursuant to s. 112.3145.
 2906         (2) PURPOSES.—Jobs Florida Partnership, Inc., hereafter
 2907  referred to as the partnership in this part, will act as an
 2908  economic-development organization for the state, utilizing
 2909  private-sector and public-sector expertise in collaboration with
 2910  Jobs Florida to:
 2911         (a) Increase private investment in Florida;
 2912         (b) Advance international and domestic trade opportunities;
 2913         (c) Market the state both as a pro-business location for
 2914  new investment and as an unparalleled tourist destination;
 2915         (d) Revitalize Florida’s space and aerospace industries,
 2916  and promote emerging complementary industries;
 2917         (e) Promote opportunities for minority-owned businesses;
 2918  and
 2919         (f) Assist and market professional and amateur sport teams
 2920  and sporting events in Florida.
 2921         (3) PERFORMANCE.—The partnership shall enter into a
 2922  performance-based agreement with Jobs Florida, pursuant to s.
 2923  20.60, which includes annual measurements of the partnership’s
 2924  performance.
 2925         (4) GOVERNANCE.—The partnership shall be governed by an 11
 2926  member board of directors. The Governor shall serve on the board
 2927  as the chair, and shall appoint four other members. Three
 2928  members shall be appointed by the President of the Senate, and
 2929  three shall be appointed by the Speaker of the House of
 2930  Representatives. All appointees are subject to Senate
 2931  confirmation.
 2932         (a) In making their appointments, the Governor, the
 2933  President of the Senate, and the Speaker of the House of
 2934  Representatives shall ensure that the composition of the board
 2935  of directors reflects the diversity of Florida’s business
 2936  community and is representative of the economic development
 2937  goals in subsection (2). The board must include at least one
 2938  director for each of the following areas of expertise:
 2939  international business, tourism marketing, the space or
 2940  aerospace industry, managing or financing a minority-owned
 2941  business, manufacturing, finance and accounting, and sports
 2942  marketing.
 2943         (b) The Governor, the President of the Senate, and the
 2944  Speaker of the House of Representatives also shall consider
 2945  appointees who reflect Florida’s racial, ethnic, and gender
 2946  diversity, as well as the geographic distribution, of the
 2947  population of the state.
 2948         (c) Appointed members shall be appointed to 4-year terms,
 2949  except that initially, to provide for staggered terms, the
 2950  Governor, the President of the Senate, and the Speaker of the
 2951  House of Representatives shall each appoint one member to serve
 2952  a 2-year term and one member to serve a 3-year term, with the
 2953  remaining initial appointees serving 4-year terms. All
 2954  subsequent appointments shall be for 4-year terms.
 2955         (d) Initial appointments must be made by October 1, 2011,
 2956  and be eligible for confirmation at the earliest available
 2957  Senate session. Terms end on September 30.
 2958         (e) Any member is eligible for reappointment, except that a
 2959  member may not serve more than two terms.
 2960         (f)A vacancy on the board of directors shall be filled for
 2961  the remainder of the unexpired term. Vacancies on the board
 2962  shall be filled by appointment by the Governor, the President of
 2963  the Senate, or the Speaker of the House of Representatives,
 2964  respectively, depending on who appointed the member whose
 2965  vacancy is to be filled or whose term has expired.
 2966         (g) Appointed members may be removed by the Governor, the
 2967  President of the Senate, or the Speaker of the House of
 2968  Representatives, respectively, for cause. Absence from three
 2969  consecutive meetings results in automatic removal.
 2970         (5) AT-LARGE BOARD MEMBERS.—Notwithstanding the provisions
 2971  of subsection (4), the board of directors may by resolution
 2972  appoint up to 10 at-large members to the board from the private
 2973  sector, each of whom may serve a term of up to 3 years. At-large
 2974  members shall have the powers and duties of other members of the
 2975  board. An at-large member is eligible for reappointment but may
 2976  not vote on his or her own reappointment. An at-large member
 2977  shall be eligible to fill vacancies occurring among private
 2978  sector appointees under subsection (4). At-large members may
 2979  annually provide contributions to the partnership, in an amount
 2980  determined by the 11-member board established in subsection (4).
 2981  The contributions must be used to defray the partnership’s
 2982  operating expenses and help meet the required private match to
 2983  the state’s annual appropriation.
 2984         (6)EX OFFICIO BOARD MEMBERS.—
 2985         (a) The commissioner of the Department of Jobs Florida
 2986  shall be an ex officio, nonvoting member of the board of
 2987  directors.
 2988         (b) The chair of each advisory council for a division shall
 2989  be an ex officio, nonvoting member of the board of directors.
 2990         (c) The chair of the advisory council for Space Florida
 2991  shall be an ex officio, nonvoting member of the board of
 2992  directors.
 2993         (7)MEETING.—The board of directors shall biennially elect
 2994  one of its members as vice chairperson. The board of directors
 2995  shall meet at least four times each year, upon the call of the
 2996  chairperson, at the request of the vice chairperson, or at the
 2997  request of a majority of the membership. A majority of the total
 2998  number of current voting directors shall constitute a quorum.
 2999  The board of directors may take official action by a majority
 3000  vote of the members present at any meeting at which a quorum is
 3001  present.
 3002         (8) SERVICE.—Members of the board of directors shall serve
 3003  without compensation, except for members of Jobs Florida
 3004  Partnership, Inc., and the advisory councils created in s.
 3005  288.92, but are entitled to reimbursement for all reasonable,
 3006  necessary, and actual expenses, as determined by the board of
 3007  directors.
 3008         (9) PROHIBITION.—The partnership may not endorse any
 3009  candidate for any elected public office or contribute moneys to
 3010  the campaign of any such candidate.
 3011         Section 28. Section 288.9015, Florida Statutes, is amended
 3012  to read:
 3013         (Substantial rewording of section. See
 3014         s. 288.9015, F.S., for present text.)
 3015         288.9015Powers of the Jobs Florida Partnership, Inc.;
 3016  board of directors.—
 3017         (1) The partnership shall integrate its efforts in business
 3018  recruitment and expansion, job creation, marketing the state for
 3019  tourism and sports, and promoting economic opportunities for
 3020  minority-owned businesses and promoting economic opportunities
 3021  for rural and distressed urban communities with those of the
 3022  commissioner of the Department of Jobs Florida, to create an
 3023  aggressive, agile, and collaborative effort to reinvigorate the
 3024  state’s economy.
 3025         (2) The partnership’s board of directors may:
 3026         (a) Secure funding for its programs and activities, and for
 3027  its boards from federal, state, local, and private sources and
 3028  from fees charged for services and published materials.
 3029         (b) Solicit, receive, hold, invest, and administer any
 3030  grant, payment, or gift of funds or property and make
 3031  expenditures consistent with the powers granted to it.
 3032         (c) Make and enter into contracts and other instruments
 3033  necessary or convenient for the exercise of its powers and
 3034  functions. A contract executed by the partnership with a person
 3035  or organization under which such person or organization agrees
 3036  to perform economic development services or similar business-
 3037  assistance services on behalf of the partnership or the state
 3038  must include provisions requiring a performance report on the
 3039  contracted activities and must account for the proper use of
 3040  funds provided under the contract, coordinate with other
 3041  components of state and local economic development systems, and
 3042  avoid duplication of existing state and local services and
 3043  activities.
 3044         (d) Elect or appoint such officers, employees, and agents
 3045  as required for its activities and for its divisions and pay
 3046  such persons reasonable compensation.
 3047         (e) Carry forward any unexpended state appropriations into
 3048  succeeding fiscal years.
 3049         (f) Except for the divisions and advisory councils created
 3050  in s. 288.92, create and dissolve advisory divisions, working
 3051  groups, task forces, or similar organizations, as necessary to
 3052  carry out its mission. Members of advisory divisions, working
 3053  groups, task forces, or similar organizations created by the
 3054  partnership shall serve without compensation, but may be
 3055  reimbursed for reasonable, necessary, and actual expenses, as
 3056  determined by the partnership’s board of directors.
 3057         (g) Sue and be sued, and appear and defend in all actions
 3058  and proceedings, in its corporate name to the same extent as a
 3059  natural person.
 3060         (h) Adopt, use, and alter a common corporate seal for the
 3061  partnership and its divisions. Notwithstanding any provision of
 3062  chapter 617 to the contrary, this seal is not required to
 3063  contain the words “corporation not for profit.”
 3064         (i) Adopt, amend, and repeal bylaws, not inconsistent with
 3065  the powers granted to it or the articles of incorporation, for
 3066  the administration of the partnership’s activities and the
 3067  exercise of its corporate powers.
 3068         (j) Acquire, enjoy, use, and dispose of patents,
 3069  copyrights, and trademarks and any licenses, royalties, and
 3070  other rights or interests thereunder or therein.
 3071         (k) Use the state seal, notwithstanding the provisions of
 3072  s. 15.03, when appropriate, for standard corporate identity
 3073  applications. Use of the state seal is not intended to replace
 3074  use of a corporate seal as provided in this section.
 3075         (l) Procure insurance or require bond against any loss in
 3076  connection with the property of the partnership and its
 3077  divisions, in such amounts and from such insurers as is
 3078  necessary or desirable.
 3079         (3) The powers granted to the partnership shall be
 3080  liberally construed in order that the partnership may pursue and
 3081  succeed in its responsibilities under this part.
 3082         (4) Under no circumstances may the credit of the State of
 3083  Florida be pledged on behalf of the partnership.
 3084         (5) In addition to any indemnification available under
 3085  chapter 617, the partnership may indemnify, and purchase and
 3086  maintain insurance on behalf of, it directors, officers, and
 3087  employees of the partnership and its divisions against any
 3088  personal liability or accountability by reason of actions taken
 3089  while acting within the scope of their authority.
 3090         Section 29. Section 288.903, Florida Statutes, is amended
 3091  to read:
 3092         (Substantial rewording of section. See
 3093         s. 288.903, F.S., for present text.)
 3094         288.903 Duties of the Jobs Florida Partnership, Inc.—The
 3095  partnership shall have the following duties:
 3096         (1) Responsibly and prudently manage all public and private
 3097  funds received, and ensure that the use of such funds is in
 3098  accordance with all applicable laws, bylaws, or contractual
 3099  requirements.
 3100         (2) Administer the entities or programs created pursuant to
 3101  part IX of this chapter; ss. 288.9622-288.9624; ss. 288.95155
 3102  and 288.9519; and chapter 95-429, Laws of Florida, line 1680Y.
 3103         (3) Prepare an annual report pursuant to s. 288.906 and an
 3104  annual incentives report pursuant to s. 288.907.
 3105         (4) Assist Jobs Florida with the development of an annual
 3106  and a long-range strategic business blueprint for economic
 3107  development.
 3108         (5) In coordination with Workforce Florida, Inc., identify
 3109  education and training programs that will ensure Florida
 3110  businesses have access to a skilled and competent workforce
 3111  necessary to compete successfully in the domestic and global
 3112  marketplace.
 3113         (6) Assist the Office of Property Management within the
 3114  Division of Strategic Business Development of Jobs Florida in
 3115  managing any state-owned property or assets that are essential
 3116  to the activities of its various boards.
 3117         Section 30. Section 288.904, Florida Statutes, is amended
 3118  to read:
 3119         (Substantial rewording of section. See
 3120         s. 288.904, F.S., for present text.)
 3121         288.904 Funding for the Jobs Florida Partnership, Inc.;
 3122  return on the public’s investment.—
 3123         (1)(a) The Legislature may annually appropriate to the
 3124  partnership a sum of money for its operations, and separate
 3125  line-item appropriations for each of the divisions and Space
 3126  Florida listed in s. 288.92.
 3127         (b) The Legislature finds that it is a priority to maximize
 3128  private-sector support in operating the partnership and its
 3129  divisions, as an endorsement of its value and as an enhancement
 3130  of its efforts. Thus, the state appropriations must be matched
 3131  with private-sector support equal to at least 35 percent of the
 3132  state funding.
 3133         (c) Private-sector support in operating the partnership and
 3134  its divisions includes:
 3135         1. Cash given directly to the partnership for its
 3136  operations, including contributions from at-large members of the
 3137  board of directors;
 3138         2. Cash donations from the divisions’ advisory councils or
 3139  from organizations assisted by the divisions;
 3140         3. Cash jointly raised by the partnership and a private
 3141  local economic development organization, a group of such
 3142  organizations, or a statewide private business organization that
 3143  supports collaborative projects;
 3144         4. Cash generated by fees charged for products or services
 3145  of the partnership and its divisions by sponsorship of events,
 3146  missions, programs, and publications; and
 3147         5. Copayments, stock, warrants, royalties, or other private
 3148  resources dedicated to the partnership or its divisions.
 3149         (2)(a) The state’s operating investment in the partnership
 3150  and its divisions is the budget contracted by Jobs Florida to
 3151  the partnership, less any funding that is directed by the
 3152  Legislature to be subcontracted to a specific recipient entity.
 3153         (b) The partnership’s board of directors shall adopt for
 3154  each upcoming fiscal year an operating budget for the
 3155  organization, including its divisions, which specifies the
 3156  intended uses of the state’s operating investment and a plan for
 3157  securing private-sector support.
 3158         (3) The partnership shall fully comply with the performance
 3159  measures, standards, and sanctions in its contract with Jobs
 3160  Florida, under s. 20.60. Jobs Florida shall ensure, to the
 3161  maximum extent possible, that the contract performance measures
 3162  are consistent with performance measures that it is required to
 3163  develop and track under performance-based program budgeting. The
 3164  contract shall also include performance measures for the
 3165  divisions.
 3166         (4) The Legislature intends to review the partnership’s
 3167  performance in achieving the performance goals stated in its
 3168  annual agreement with Jobs Florida to determine whether the
 3169  public is receiving a positive return on its investment in the
 3170  partnership and its divisions. It also is the intent of the
 3171  Legislature that the partnership coordinate its operations with
 3172  local economic development organizations to maximize the state
 3173  and local return on investment to create jobs for Floridians.
 3174         (5) As part of the annual report required under s. 288.906,
 3175  the partnership shall provide the Legislature with information
 3176  quantifying the return on the public’s investment as described
 3177  in this section each fiscal year.
 3178         (6) The partnership, in consultation with the Office of
 3179  Economic and Demographic Research, shall hire an economic
 3180  analysis firm to develop the methodology for establishing and
 3181  reporting the return on the public’s investment and in-kind
 3182  contributions as described in this section and shall hire a firm
 3183  experienced in survey research to develop, analyze, and report
 3184  on the results of the customer-satisfaction survey conducted
 3185  pursuant to s. 288.906. The Office of Economic and Demographic
 3186  Research shall review and offer feedback on the methodology
 3187  before it is implemented.
 3188         Section 31. Section 288.905, Florida Statutes, is amended
 3189  to read:
 3190         (Substantial rewording of section. See
 3191         s. 288.905, F.S., for present text.)
 3192         288.905President and employees of the Jobs Florida
 3193  Partnership, Inc.—
 3194         (1) The partnership’s board of directors shall appoint a
 3195  president, who shall serve at the pleasure of the Governor. The
 3196  board of directors shall establish and adjust the president’s
 3197  compensation. The president shall also be known as the “commerce
 3198  secretary.”
 3199         (2)The president is the chief administrative and
 3200  operational officer of the board of directors and of the
 3201  partnership, and shall direct and supervise the administrative
 3202  affairs of the board of directors and any divisions, councils,
 3203  or boards. The board of directors may delegate to the president
 3204  those powers and responsibilities it deems appropriate,
 3205  including hiring and management of all staff, except for the
 3206  appointment of a president.
 3207         (3) No employee of the partnership may receive compensation
 3208  for employment that exceeds the salary paid to the Governor,
 3209  unless the board of directors and the employee have executed a
 3210  contract that prescribes specific, measurable performance
 3211  outcomes for the employee, the satisfaction of which provides
 3212  the basis for the award of incentive payments that increase the
 3213  employee’s total compensation to a level above the salary paid
 3214  to the Governor.
 3215         Section 32. Section 288.906, Florida Statutes, is amended
 3216  to read:
 3217         (Substantial rewording of section. See
 3218         s. 288.906, F.S., for present text.)
 3219         288.906 Annual report of the partnership and its divisions;
 3220  audits.—
 3221         (1) Before December 1 of each year, the partnership shall
 3222  submit to the Governor, the President of the Senate, the Speaker
 3223  of the House of Representatives, the Senate Minority Leader, and
 3224  the House Minority Leader a complete and detailed report
 3225  including, but not limited to:
 3226         (a) A description of the operations and accomplishments of
 3227  the partnership and its divisions, boards, and advisory councils
 3228  or similar entities created by the partnership, and an
 3229  identification of any major trends, initiatives, or developments
 3230  affecting the performance of any program or activity. The
 3231  individual annual reports prepared by each division shall be
 3232  included as addenda.
 3233         (b) An evaluation of progress toward achieving
 3234  organizational goals and specific performance outcomes, both
 3235  short-term and long-term, established pursuant this part or
 3236  under the agreement with Jobs Florida.
 3237         (c) Methods for implementing and funding the operations of
 3238  the partnership and its divisions, including the private-sector
 3239  support required under s. 288.904.
 3240         (d) A description of the operations and accomplishments of
 3241  the partnership and its divisions with respect to aggressively
 3242  marketing Florida’s rural communities and distressed urban
 3243  communities as locations for potential new investment and job
 3244  creation, aggressively assisting in the creation, retention, and
 3245  expansion of existing businesses and job growth in these
 3246  communities, and aggressively assisting these communities in the
 3247  identification and development of new economic development
 3248  opportunities.
 3249         (e) A description and evaluation of the operations and
 3250  accomplishments of the partnership and its divisions with
 3251  respect to interaction with local and private economic
 3252  development organizations, including the identification of each
 3253  organization that is a primary partner and any specific programs
 3254  or activities that promoted the activities of such organizations
 3255  and an identification of any specific programs or activities
 3256  that promoted a comprehensive and coordinated approach to
 3257  economic development in this state.
 3258         (f) An assessment of job creation that directly benefits
 3259  participants in the welfare transition program or other programs
 3260  designed to put long-term unemployed back to work.
 3261         (g) The results of a customer-satisfaction survey of
 3262  businesses served. The Partnership shall hire a firm experienced
 3263  in survey research to develop, analyze, and report on the
 3264  results of the customer-satisfaction survey.
 3265         (h) An annual compliance and financial audit of accounts
 3266  and records by an independent certified public accountant at the
 3267  end of its most recent fiscal year performed in accordance with
 3268  rules adopted by the Auditor General.
 3269         (2) The detailed report required by this section shall also
 3270  include the information identified in subsection (1), if
 3271  applicable, for each division and Space Florida established
 3272  within the partnership.
 3273         Section 33. Section 288.907, Florida Statutes, is created
 3274  to read:
 3275         288.907Annual incentives report.—
 3276         (1) In addition to the annual report required under s.
 3277  288.906, the partnership, by December 30 of each year, shall
 3278  provide the Governor, the President of the Senate, and the
 3279  Speaker of the House of Representatives a detailed incentives
 3280  report quantifying the economic benefits for each of the
 3281  following economic development incentive programs marketed by
 3282  the partnership in its recruitment efforts: the Qualified Target
 3283  Industry Tax Refund Program, the Quick Action Closing Fund, the
 3284  Qualified Defense Contractor and Space Flight Business Tax
 3285  Refund Program, the High-Impact Business Performance Grant, the
 3286  Capital Investment Tax Credit Program, the Brownfield
 3287  Redevelopment Bonus Refunds incentive, and the Economic
 3288  Development Transportation grant program.
 3289         (a) The annual incentives report must include for each
 3290  incentive program:
 3291         1.A brief description of the incentive program.
 3292         2. The amount of awards granted, by year, since inception.
 3293         3. Beginning in 2015, the economic benefits, as defined in
 3294  s. 288.005, based on the actual amount of private capital
 3295  invested, actual number of jobs created, and actual wages paid
 3296  for incentive agreements completed during the previous 3 years.
 3297         4. Beginning in 2015, the report shall also include the
 3298  actual amount of private capital invested, actual number of jobs
 3299  created, and actual wages paid for incentive agreements
 3300  completed during the previous 3 years for each target industry
 3301  sector.
 3302         (b) For projects completed during the previous state fiscal
 3303  year, the report must include:
 3304         1. The number of economic development incentive
 3305  applications received.
 3306         2. The number of recommendations made to Jobs Florida by
 3307  the partnership, including the number recommended for approval
 3308  and the number recommended for denial.
 3309         3. The number of final decisions issued by Jobs Florida for
 3310  approval and for denial.
 3311         4. The projects for which a tax refund, tax credit, or cash
 3312  grant agreement was executed, identifying:
 3313         a. The number of jobs committed to be created.
 3314         b. The amount of capital investments committed to be made.
 3315         c. The annual average wage committed to be paid.
 3316         d. The amount of state economic development incentives
 3317  committed to the project from each incentive program under the
 3318  project’s terms of agreement with Jobs Florida.
 3319         (c) For economic development projects that received tax
 3320  refunds, tax credits, or cash grants under the terms of an
 3321  agreement for incentives, the report must identify:
 3322         1. The number of jobs actually created.
 3323         2. The amount of capital investments actually made.
 3324         3. The annual average wage paid.
 3325         (d) For a project receiving economic development incentives
 3326  approved by Jobs Florida and receiving federal or local
 3327  incentives, the report must include a description of the federal
 3328  or local incentives, if available.
 3329         (e) The report must state the number of withdrawn or
 3330  terminated projects that did not fulfill the terms of their
 3331  agreements with Jobs Florida and consequently are not receiving
 3332  incentives.
 3333         (f) The report must include an analysis of the economic
 3334  benefits, as defined in s. 288.005, of tax refunds, tax credits,
 3335  or other payments made to projects locating or expanding in
 3336  state enterprise zones, rural communities, brownfield areas, or
 3337  distressed urban communities.
 3338         (g) The report must identify the target industry businesses
 3339  and high-impact businesses.
 3340         (h) The report must describe the trends relating to
 3341  business interest in, and usage of, the various incentives, and
 3342  the number of minority-owned or woman-owned businesses receiving
 3343  incentives.
 3344         (2) The Division of Strategic Business Development within
 3345  Jobs Florida shall assist the partnership in the preparation of
 3346  the annual incentives report.
 3347         Section 34. Section 288.911, Florida Statutes, is amended
 3348  to read:
 3349         (Substantial rewording of section. See
 3350         s. 288.911, F.S., for present text.)
 3351         288.911 Creation and implementation of a marketing and
 3352  image campaign.—
 3353         (1) The Partnership, with the assistance of its Division of
 3354  Tourism Marketing and the private sector, shall create a
 3355  marketing campaign to help attract, develop, and retain target
 3356  industry businesses and high-impact businesses to this state.
 3357  The campaign must be coordinated with any existing economic
 3358  development promotion efforts in this state, and shall be
 3359  jointly funded from private and public resources.
 3360         (2) The message of the campaign shall be to increase
 3361  national and international awareness of this state as a state
 3362  ideally suited for the successful advancement of businesses
 3363  within the state’s target industries and high-impact industries.
 3364  Marketing strategies shall include development of promotional
 3365  materials, Internet and print advertising, public relations and
 3366  media placement, trade show attendance at information technology
 3367  events, and appropriate follow-up activities. Efforts to promote
 3368  this state must include the identification and coordination of
 3369  existing clusters of target industry businesses and high-impact
 3370  businesses and partnerships with economic development
 3371  organizations and private-sector businesses.
 3372         Section 35. Section 288.912, Florida Statutes, is created
 3373  to read:
 3374         288.912Inventory of communities seeking to recruit
 3375  businesses.—By September 30 of each year, a county or
 3376  municipality that has a population of at least 25,000 or its
 3377  local economic development organization must submit to the Jobs
 3378  Florida Partnership, Inc., a brief overview of the strengths,
 3379  services, and economic development incentives that its community
 3380  offers. The local government or its local economic development
 3381  organization also must identify any industries that it is
 3382  encouraging to locate or relocate to its area.
 3383         Section 36. Section 288.92, Florida Statutes, is created to
 3384  read:
 3385         288.92Divisions and advisory councils of Jobs Florida
 3386  Partnership, Inc.—
 3387         (1)The partnership shall have the following divisions,
 3388  which have distinct responsibilities and complementary missions:
 3389         (a) The Division of International Trade and Business
 3390  Development;
 3391         (b) The Division of Business Retention and Recruitment;
 3392         (c) The Division of Tourism Marketing;
 3393         (d) The Division of Minority Business Development; and
 3394         (e) The Division of Sports Industry Development.
 3395         (2)(a) The officers and agents of the divisions shall be
 3396  hired and their annual compensation established by the president
 3397  of the partnership, as deemed appropriate by the board of
 3398  directors, and may be eligible for performance bonuses pursuant
 3399  to s. 288.905(3).
 3400         (b) The Partnership board of directors may organize the
 3401  divisions so that administrative staff and costs are shared and
 3402  thus minimized to the greatest extent possible.
 3403         (3) Space Florida shall be administratively housed within
 3404  the partnership and shall have the authority, powers, and duties
 3405  set forth in part II of chapter 331.
 3406         (4) Each division shall have an advisory council, comprised
 3407  of Florida residents with expertise in each division’s
 3408  particular responsibilities. The partnership may submit
 3409  nominations of persons to serve on each advisory council to the
 3410  Governor, who will select the members of each advisory council
 3411  from the lists submitted. Each advisory council shall elect a
 3412  member to serve as the chair of the council.
 3413         (5) The term for an advisory council member is 4 years. A
 3414  member may not serve more than two consecutive terms. The
 3415  Governor may remove any member for cause and shall fill all
 3416  vacancies that occur.
 3417         (6) Advisory council members shall serve without
 3418  compensation, but may be reimbursed for all reasonable,
 3419  necessary, and actual expenses, as determined by the
 3420  partnership’s board of directors.
 3421         Section 37. Section 288.921, Florida Statutes, is created
 3422  to read:
 3423         288.921Division of International Trade and Business
 3424  Development; responsibilities; advisory council.—
 3425         (1) There is created within the partnership the Division of
 3426  International Trade and Business Development.
 3427         (2) The division shall be responsible for:
 3428         (a) Developing business leads that generate increased
 3429  foreign investment in Florida;
 3430         (b) Developing programs, such as international trade shows,
 3431  that establish viable overseas markets for Florida products and
 3432  services;
 3433         (c) Facilitating the development and implementation of
 3434  strategies to secure financing for exporting Florida products
 3435  and services;
 3436         (d) Promoting opportunities for international joint-venture
 3437  relationships, using the resources of academic, business, and
 3438  other institutions;
 3439         (e) Coordinating and facilitating trade assistance for
 3440  Florida businesses;
 3441         (f) Participating in discussions and planning exercises
 3442  with the Florida Seaport Advisory Council, the state Department
 3443  of Transportation, and statewide transportation logistics and
 3444  intermodal mobility organizations regarding proposed
 3445  improvements to Florida’s infrastructure to attract and manage
 3446  international cargo and commerce.
 3447         (3) The division also shall assist the commissioner of Jobs
 3448  Florida with administering a grant program for promotion of
 3449  international trade.
 3450         (a) A county, municipality, economic development council,
 3451  or a nonprofit association of businesses organized to assist in
 3452  the promotion of international trade may apply for a grant of
 3453  state funds for the promotion of international trade.
 3454         (b) The division shall review each application for a grant
 3455  to promote international trade and annually submit to the
 3456  commissioner of Jobs Florida for approval a list of all
 3457  recommended applications for the award of grants, arranged in
 3458  order of priority.
 3459         1. The commissioner of Jobs Florida may allocate grants
 3460  only for projects that are approved or for which funds are
 3461  appropriated by the Legislature.
 3462         2. Projects approved and recommended by the division, which
 3463  are not funded by the Legislature, shall be retained on the
 3464  project list for the following grant cycle only.
 3465         3. All projects that are retained shall be required to
 3466  submit such information as may be required by the Department of
 3467  Jobs Florida as of the established deadline date of the latest
 3468  grant cycle in order to adequately reflect the most current
 3469  status of the project.
 3470         (4) The division shall draft and submit an annual report by
 3471  October 15 of each year which details the division’s activities
 3472  during the prior fiscal year and includes any recommendations
 3473  for improving current statutes related to international trade
 3474  and business development.
 3475         (5) A 15-member advisory council shall be appointed,
 3476  pursuant to s. 288.92, to make recommendations to the
 3477  partnership’s board of directors on matters pertaining to
 3478  international trade and business development projects for the
 3479  division to undertake and staffing of the division.
 3480         Section 38. Section 288.922, Florida Statutes, is created
 3481  to read:
 3482         288.922Division of Business Retention and Recruitment;
 3483  responsibilities; advisory council.—
 3484         (1) There is created within the partnership the Division
 3485  for Business Retention and Recruitment.
 3486         (2) The division shall coordinate with the commissioner of
 3487  Jobs Florida and the partnership to generate business leads on
 3488  companies interested in relocating to Florida, and on Florida
 3489  based companies interested in expanding or diversifying their
 3490  operations within the state.
 3491         (3) The division shall draft and submit an annual report by
 3492  October 15 that details the division’s activities during the
 3493  prior fiscal year and includes any recommendations for improving
 3494  current statutes related to business retention and recruitment.
 3495         (4) A 15-member advisory council shall be appointed,
 3496  pursuant to s. 288.92, to make recommendations to the
 3497  partnership board of directors on matters pertaining to
 3498  innovative methods of business development and recruitment
 3499  efforts, changes to existing economic development incentives or
 3500  implementation of new types of incentives, targeted industries
 3501  for recruitment or retention, and staffing of the division.
 3502         Section 39. Section 288.923, Florida Statutes, is created
 3503  to read:
 3504         288.923Division of Tourism Marketing; definitions;
 3505  responsibilities; advisory council.—
 3506         (1) There is created within the partnership the Division of
 3507  Tourism Marketing.
 3508         (2) As used in this section, the term:
 3509         (a) “Tourism marketing” means any effort exercised to
 3510  attract domestic and international visitors from outside the
 3511  state to destinations in this state and to stimulate Florida
 3512  resident tourism to areas within the state.
 3513         (b) “Tourist” means any person who participates in trade or
 3514  recreation activities outside the county of his or her permanent
 3515  residence or who rents or leases transient living quarters or
 3516  accommodations as described in s. 125.0104(3)(a).
 3517         (c) “County destination marketing organization” means a
 3518  public or private agency that is funded by local option tourist
 3519  development tax revenues under s. 125.0104, or local option
 3520  convention development tax revenues under s. 212.0305, and is
 3521  officially designated by a county commission to market and
 3522  promote the area for tourism or convention business or, in any
 3523  county that has not levied such taxes, a public or private
 3524  agency that is officially designated by the county commission to
 3525  market and promote the area for tourism or convention business.
 3526         (3)The division’s responsibilities and duties include, but
 3527  are not limited to:
 3528         (a) Advising the commissioner of Jobs Florida and the
 3529  partnership on development of domestic and international tourism
 3530  marketing campaigns featuring Florida;
 3531         (b) Developing and implementing, in conjunction with its
 3532  private partners, an annual tourism marketing campaign that
 3533  targets each region of the state, each season of the year, and
 3534  traditional as well as new tourist populations; and
 3535         (c) Developing a 4-year marketing plan explicitly
 3536  explaining how the division intends to:
 3537         1. Sustain overall tourism growth in this state;
 3538         2. Expand to new or under-represented tourist markets;
 3539         3. Solidify traditional and loyal tourist markets;
 3540         4. Coordinate efforts with county destination marketing
 3541  organizations, other local government marketing groups,
 3542  privately owned attractions and destinations, and other private
 3543  sector partners to create a seamless, four-season advertising
 3544  campaign for the state and its regions;
 3545         5. Develop innovative techniques or promotions to build
 3546  repeat visitation by targeted segments of the tourist
 3547  population;
 3548         6. Consider innovative sources of state funding for tourism
 3549  marketing; and
 3550         7. Develop and update periodically an emergency response
 3551  component to address natural and man-made disasters from a
 3552  marketing standpoint.
 3553  
 3554  The plan shall be annual in construction and ongoing in nature.
 3555  Any annual revisions of such a plan shall carry forward the
 3556  concepts of the remaining 3-year portion of that plan and
 3557  consider a continuum portion to preserve the 4-year time-frame
 3558  of the plan. The plan also shall include recommendations for
 3559  specific performance standards and measurable outcomes for the
 3560  division. The commissioner of Jobs Florida, in consultation with
 3561  the partnership’s board of directors, shall base the actual
 3562  performance metrics on these recommendations.
 3563         (d) Drafting and submitting an annual report by October 15
 3564  that details the division’s activities during the prior fiscal
 3565  year, and any recommendations for improving current statutes
 3566  related to tourism marketing.
 3567         (4) A 15-member advisory council shall be appointed,
 3568  pursuant to s. 288.92, to make recommendations to the
 3569  partnership’s board of directors on matters pertaining to ways
 3570  to improve or enhance the state’s tourism marketing efforts,
 3571  research on tourist populations and trends, innovative tourism
 3572  funding proposals, and staffing of the division.
 3573         Section 40. Section 288.925, Florida Statutes, is created
 3574  to read:
 3575         288.925The Division of Minority Business Investment;
 3576  responsibilities; advisory council.—
 3577         (1) There is created within the partnership the Division of
 3578  Minority Business Development.
 3579         (2) The division’s primary mission is to assist in the
 3580  development and expansion of minority business enterprises by:
 3581         (a) Administering the Black Business Loan Program in s.
 3582  288.7102 and assisting in the creation of a long-range strategic
 3583  policy for that program.
 3584         (b) Evaluating the unmet need for capital by minority
 3585  business enterprises in the state and providing a 5-year
 3586  projection of the need for capital by minority business
 3587  enterprises. The division may contract with an independent
 3588  entity to prepare the projection once every 5 years.
 3589         (c) Developing strategies to increase financial institution
 3590  investment in minority business enterprises.
 3591         (d) Advising Jobs Florida and the partnership about the
 3592  needs of minority business enterprises.
 3593         (e) Creating partnerships among federal, state, and local
 3594  governments, private enterprises, and national organizations to
 3595  aid in the development and expansion of minority business
 3596  enterprises.
 3597         (f) Acting as a clearinghouse for information by providing
 3598  a network of information resources for minority business
 3599  enterprises and facilitating the provision of technical
 3600  assistance in communities in which such services are otherwise
 3601  underserved.
 3602         (g) Aiding the development and expansion of minority
 3603  business enterprises by leveraging federal, state, local, and
 3604  private funds to be held by the partnership board of directors
 3605  for uses pursuant to this section and s. 288.7102.
 3606         (h) Marketing services to minority business enterprises,
 3607  including the Black Business Loan Program.
 3608         (i) Submitting an annual report by October 15 of each year
 3609  to the partnership’s board of directors which details the
 3610  previous fiscal year’s activities, including activities of the
 3611  black business investment corporations that make the loans to
 3612  qualified businesses, pursuant to s. 288.7102, identifiable
 3613  trends from the previous fiscal year’s loan activity, and any
 3614  recommended changes to the current program.
 3615         (3) A 15-member advisory council shall be appointed,
 3616  pursuant to s. 288.92, to make recommendations to the
 3617  partnership’s board of directors on such matters as how to
 3618  improve minority business access to capital, recommendations on
 3619  how to provide technical assistance and other business resources
 3620  to minority-owned businesses, and recommendations on the
 3621  staffing of the division. Members of the advisory council must
 3622  have experience in business, including financial services,
 3623  banking, or economic development. At least one of the appointees
 3624  must have experience in venture capitalism.
 3625         Section 41. Section 288.1229, Florida Statutes, is
 3626  transferred, renumbered as section 288.926, Florida Statutes,
 3627  and amended to read:
 3628         (Substantial rewording of section. See
 3629         s. 288.1229, F.S., for present text.)
 3630         288.926Division of Sports Industry Development;
 3631  responsibilities; duties; advisory council.—
 3632         (1) There is created within the partnership the Division of
 3633  Sports Industry Development.
 3634         (2)The division is responsible for:
 3635         (a) The promotion and development of professional and
 3636  amateur sports industries and related industries for the purpose
 3637  of improving the economic presence of these industries in this
 3638  state.
 3639         (b) The promotion of amateur athletic participation for the
 3640  citizens of this state, and the promotion of this state as a
 3641  host for national and international amateur athletic
 3642  competitions for the purpose of encouraging and increasing the
 3643  direct and ancillary economic benefits of amateur athletic
 3644  events and competitions.
 3645         (c) The retention of professional sports franchises,
 3646  including the spring training operations of Major League
 3647  Baseball.
 3648         (d) The drafting and submittal of an annual report, due
 3649  each October 15, to the partnership, which details the
 3650  division’s activities for the prior fiscal year and any
 3651  recommendations for improving current laws related to sports and
 3652  related industries.
 3653         (3) The division shall have the following duties:
 3654         (a) Developing, fostering, and coordinating services and
 3655  programs for amateur sports for all Floridians.
 3656         (b) Sponsoring amateur sports workshops, clinics,
 3657  conferences, and other similar activities.
 3658         (c) Giving recognition to outstanding developments and
 3659  achievements in, and contributions to, amateur sports.
 3660         (d) Encouraging, supporting, and assisting local
 3661  governments and communities in the development of or hosting of
 3662  local amateur athletic events and competitions.
 3663         (e) Promoting this state as a host for national and
 3664  international amateur athletic competitions.
 3665         (f) Continuing the amateur sports programs previously
 3666  conducted by the Florida Governor’s Council on Physical Fitness
 3667  and Amateur Sports created under the former s. 14.22.
 3668         (g) Encouraging and continuing the use of volunteers in its
 3669  amateur sports programs to the maximum extent possible.
 3670         (h) Developing, fostering, and coordinating services and
 3671  programs designed to encourage the participation of Florida’s
 3672  youth in Olympic sports activities and competitions.
 3673         (i) Fostering and coordinating services and programs
 3674  designed to contribute to the physical fitness of the citizens
 3675  of this state.
 3676         (j) Developing a statewide program of amateur athletic
 3677  competition to be known as the “Sunshine State Games.” The
 3678  Sunshine State Games shall be patterned after the Summer
 3679  Olympics with variations as necessitated by availability of
 3680  facilities, equipment, and expertise. The games shall be
 3681  designed to encourage the participation of athletes representing
 3682  a broad range of age groups, skill levels, and Florida
 3683  communities. Participants shall be residents of this state.
 3684  Regional competitions shall be held throughout the state, and
 3685  the top qualifiers in each sport shall proceed to the final
 3686  competitions to be held at a site in the state with the
 3687  necessary facilities and equipment for conducting the
 3688  competitions.
 3689         (4) The Executive Office of the Governor is authorized to
 3690  permit the use of property, facilities, and personnel services
 3691  of or at any State University System facility or institution by
 3692  the division for operating the Sunshine State Games. For the
 3693  purposes of this paragraph, personnel services includes full
 3694  time or part-time personnel as well as payroll processing. Any
 3695  funds or property held in trust by the Sunshine State Games
 3696  Foundation, Inc., and the Florida Governor’s Council on Physical
 3697  Fitness and Amateur Sports shall revert to the division upon
 3698  expiration or cancellation of the contract with the Sunshine
 3699  State Games Foundation, Inc., and the Florida Governor’s Council
 3700  on Physical Fitness and Amateur Sports, to be used for the
 3701  promotion of amateur sports in this state.
 3702         (5)(a)A 15-member advisory council shall be appointed,
 3703  pursuant to s. 288.92, to make recommendations to the
 3704  partnership board of directors on the activities and staffing of
 3705  the division.
 3706         (b) Applicants for the advisory council must have either a
 3707  background in community service in, or financial support of, the
 3708  sports industry, professional sports, or organized amateur
 3709  athletics. They also should be knowledgeable about or active in
 3710  professional or organized amateur sports. Additionally, the
 3711  advisory council’s membership must be representative of all
 3712  geographical regions of the state and reflect the state’s ethnic
 3713  and gender diversity.
 3714         Section 42. Paragraph (d) is added to subsection (6) of
 3715  section 290.0055, Florida Statutes, to read:
 3716         290.0055 Local nominating procedure.—
 3717         (6)
 3718         (d)1. Effective January 1, 2012, the governing body of a
 3719  jurisdiction which nominated the application for an enterprise
 3720  zone that is no larger than 12 square miles and includes a
 3721  portion of the state designated as a rural area of critical
 3722  economic concern pursuant to s. 288.0656(7) may apply to Jobs
 3723  Florida to expand the boundary of the enterprise zone by not
 3724  more than 3 square miles. Such application must be submitted by
 3725  December 31, 2012.
 3726         2. Notwithstanding the area limitations specified in
 3727  subsection (4), Jobs Florida may approve the request for a
 3728  boundary amendment if the area continues to satisfy the
 3729  remaining requirements of this section.
 3730         3. Jobs Florida shall establish the initial effective date
 3731  of an enterprise zone designated under this paragraph.
 3732         Section 43. Section 290.00726, Florida Statutes, is created
 3733  to read:
 3734         290.00726Enterprise zone designation for Martin County.
 3735  Effective January 1, 2012, Martin County may apply to Jobs
 3736  Florida for designation of one enterprise zone for an area
 3737  within Martin County, which zone shall encompass an area up to
 3738  10 square miles consisting of land within the primary urban
 3739  services boundary and focusing on Indiantown, but excluding
 3740  property owned by Florida Power and Light to the west, two areas
 3741  to the north designated as estate residential, and the county
 3742  owned Timer Powers Recreational Area. Within the designated
 3743  enterprise zone, Martin County shall exempt residential
 3744  condominiums from benefiting from state enterprise zone
 3745  incentives, unless prohibited by law. The application must have
 3746  been submitted by December 31, 2011, and must comply with the
 3747  requirements of s. 290.0055. Notwithstanding s. 290.0065
 3748  limiting the total number of enterprise zones designated and the
 3749  number of enterprise zones within a population category, Jobs
 3750  Florida may designate one enterprise zone under this section.
 3751  Jobs Florida shall establish the initial effective date of the
 3752  enterprise zone designated pursuant to this section.
 3753         Section 44. Subsection (4) of section 409.942, Florida
 3754  Statutes, is amended to read:
 3755         409.942 Electronic benefit transfer program.—
 3756         (4) Workforce Florida, Inc., through the Agency for
 3757  Workforce Innovation, shall establish an electronic benefit
 3758  transfer program for the use and management of education,
 3759  training, child care, transportation, and other program benefits
 3760  under its direction. The workforce electronic benefit transfer
 3761  program shall fulfill all federal and state requirements for
 3762  Individual Training Accounts, Retention Incentive Training
 3763  Accounts, Individual Development Accounts, and Individual
 3764  Services Accounts. The workforce electronic benefit transfer
 3765  program shall be designed to enable an individual who receives
 3766  an electronic benefit transfer card under subsection (1) to use
 3767  that card for purposes of benefits provided under the workforce
 3768  development system as well. The Department of Children and
 3769  Family Services shall assist Workforce Florida, Inc., in
 3770  developing an electronic benefit transfer program for the
 3771  workforce development system that is fully compatible with the
 3772  department’s electronic benefit transfer program. The agency
 3773  shall reimburse the department for all costs incurred in
 3774  providing such assistance and shall pay all costs for the
 3775  development of the workforce electronic benefit transfer
 3776  program.
 3777         Section 45. Section 411.0102, Florida Statutes, is amended
 3778  to read:
 3779         411.0102 Child Care Executive Partnership Act; findings and
 3780  intent; grant; limitation; rules.—
 3781         (1) This section may be cited as the “Child Care Executive
 3782  Partnership Act.”
 3783         (2)(a) The Legislature finds that when private employers
 3784  provide onsite child care or provide other child care benefits,
 3785  they benefit by improved recruitment and higher retention rates
 3786  for employees, lower absenteeism, and improved employee morale.
 3787  The Legislature also finds that there are many ways in which
 3788  private employers can provide child care assistance to
 3789  employees: information and referral, vouchering, employer
 3790  contribution to child care programs, and onsite care. Private
 3791  employers can offer child care as part of a menu of employee
 3792  benefits. The Legislature recognizes that flexible compensation
 3793  programs providing a child care option are beneficial to the
 3794  private employer through increased productivity, to the private
 3795  employee in knowing that his or her children are being cared for
 3796  in a safe and nurturing environment, and to the state in more
 3797  dollars being available for purchasing power and investment.
 3798         (b) It is the intent of the Legislature to promote
 3799  public/private partnerships to ensure that the children of the
 3800  state be provided safe and enriching child care at any time, but
 3801  especially while parents work to remain self-sufficient. It is
 3802  the intent of the Legislature that private employers be
 3803  encouraged to participate in the future of this state by
 3804  providing employee child care benefits. Further, it is the
 3805  intent of the Legislature to encourage private employers to
 3806  explore innovative ways to assist employees to obtain quality
 3807  child care.
 3808         (c) The Legislature further recognizes that many parents
 3809  need assistance in paying the full costs of quality child care.
 3810  The public and private sectors, by working in partnership, can
 3811  promote and improve access to quality child care and early
 3812  education for children of working families who need it.
 3813  Therefore, a more formal mechanism is necessary to stimulate the
 3814  establishment of public-private partnerships. It is the intent
 3815  of the Legislature to expand the availability of scholarship
 3816  options for working families by providing incentives for
 3817  employers to contribute to meeting the needs of their employees’
 3818  families through matching public dollars available for child
 3819  care.
 3820         (3) There is created a body politic and corporate known as
 3821  the Child Care Executive Partnership which shall establish and
 3822  govern the Child Care Executive Partnership Program. The purpose
 3823  of the Child Care Executive Partnership Program is to utilize
 3824  state and federal funds as incentives for matching local funds
 3825  derived from local governments, employers, charitable
 3826  foundations, and other sources so that Florida communities may
 3827  create local flexible partnerships with employers. The Child
 3828  Care Executive Partnership Program funds shall be used at the
 3829  discretion of local communities to meet the needs of working
 3830  parents. A child care purchasing pool shall be developed with
 3831  the state, federal, and local funds to provide subsidies to low
 3832  income working parents whose family income does not exceed the
 3833  allowable income for any federally subsidized child care program
 3834  with a dollar-for-dollar match from employers, local government,
 3835  and other matching contributions. The funds used from the child
 3836  care purchasing pool must be used to supplement or extend the
 3837  use of existing public or private funds.
 3838         (4) The Child Care Executive Partnership, staffed by the
 3839  Department of Education Agency for Workforce Innovation, shall
 3840  consist of a representative of the Executive Office of the
 3841  Governor and nine members of the corporate or child care
 3842  community, appointed by the Governor.
 3843         (a) Members shall serve for a period of 4 years, except
 3844  that the representative of the Executive Office of the Governor
 3845  shall serve at the pleasure of the Governor.
 3846         (b) The Child Care Executive Partnership shall be chaired
 3847  by a member chosen by a majority vote and shall meet at least
 3848  quarterly and at other times upon the call of the chair. The
 3849  Child Care Executive Partnership may use any method of
 3850  telecommunications to conduct meetings, including establishing a
 3851  quorum through telecommunications, only if the public is given
 3852  proper notice of a telecommunications meeting and reasonable
 3853  access to observe and, when appropriate, participate.
 3854         (c) Members shall serve without compensation, but may be
 3855  reimbursed for per diem and travel expenses in accordance with
 3856  s. 112.061.
 3857         (d) The Child Care Executive Partnership shall have all the
 3858  powers and authority, not explicitly prohibited by statute,
 3859  necessary to carry out and effectuate the purposes of this
 3860  section, as well as the functions, duties, and responsibilities
 3861  of the partnership, including, but not limited to, the
 3862  following:
 3863         1. Assisting in the formulation and coordination of the
 3864  state’s child care policy.
 3865         2. Adopting an official seal.
 3866         3. Soliciting, accepting, receiving, investing, and
 3867  expending funds from public or private sources.
 3868         4. Contracting with public or private entities as
 3869  necessary.
 3870         5. Approving an annual budget.
 3871         6. Carrying forward any unexpended state appropriations
 3872  into succeeding fiscal years.
 3873         7. Providing a report to the Governor, the Speaker of the
 3874  House of Representatives, and the President of the Senate, on or
 3875  before December 1 of each year.
 3876         (5)(a) The Legislature shall annually determine the amount
 3877  of state or federal low-income child care moneys which shall be
 3878  used to create Child Care Executive Partnership Program child
 3879  care purchasing pools in counties chosen by the Child Care
 3880  Executive Partnership, provided that at least two of the
 3881  counties have populations of no more than 300,000. The
 3882  Legislature shall annually review the effectiveness of the child
 3883  care purchasing pool program and reevaluate the percentage of
 3884  additional state or federal funds, if any, which that can be
 3885  used for the program’s expansion.
 3886         (b) To ensure a seamless service delivery and ease of
 3887  access for families, an early learning coalition or the
 3888  Department of Education Agency for Workforce Innovation shall
 3889  administer the child care purchasing pool funds.
 3890         (c) The Department of Education Agency for Workforce
 3891  Innovation, in conjunction with the Child Care Executive
 3892  Partnership, shall develop procedures for disbursement of funds
 3893  through the child care purchasing pools. In order to be
 3894  considered for funding, an early learning coalition or the
 3895  Department of Education Agency for Workforce Innovation must
 3896  commit to:
 3897         1. Matching the state purchasing pool funds on a dollar
 3898  for-dollar basis; and
 3899         2. Expending only those public funds that which are matched
 3900  by employers, local government, and other matching contributors
 3901  who contribute to the purchasing pool. Parents shall also pay a
 3902  fee, which may not be less than the amount identified in the
 3903  early learning coalition’s school readiness program sliding fee
 3904  scale.
 3905         (d) Each early learning coalition shall establish a
 3906  community child care task force for each child care purchasing
 3907  pool. The task force must be composed of employers, parents,
 3908  private child care providers, and one representative from the
 3909  local children’s services council, if one exists in the area of
 3910  the purchasing pool. The early learning coalition is expected to
 3911  recruit the task force members from existing child care
 3912  councils, commissions, or task forces already operating in the
 3913  area of a purchasing pool. A majority of the task force shall
 3914  consist of employers.
 3915         (e) Each participating early learning coalition board shall
 3916  develop a plan for the use of child care purchasing pool funds.
 3917  The plan must show how many children will be served by the
 3918  purchasing pool, how many will be new to receiving child care
 3919  services, and how the early learning coalition intends to
 3920  attract new employers and their employees to the program.
 3921         (6) The Department of Education Agency for Workforce
 3922  Innovation shall adopt any rules necessary for the
 3923  implementation and administration of this section.
 3924         Section 46. Section 1002.73, Florida Statutes, is amended
 3925  to read:
 3926         1002.73 Department of Education; powers and duties;
 3927  accountability requirements; operational requirements.—
 3928         (1) The department shall administer the accountability
 3929  requirements and operational requirements of the Voluntary
 3930  Prekindergarten Education Program at the state level.
 3931         (2) The department shall adopt procedures for its:
 3932         (a) Approval of prekindergarten director credentials under
 3933  ss. 1002.55 and 1002.57.
 3934         (b) Approval of emergent literacy training courses under
 3935  ss. 1002.55 and 1002.59.
 3936         (c) Administration of the statewide kindergarten screening
 3937  and calculation of kindergarten readiness rates under s.
 3938  1002.69.
 3939         (d) Approval of specialized instructional services
 3940  providers under s. 1002.66.
 3941         (e) Granting of a private prekindergarten provider’s or
 3942  public school’s request for a good cause exemption under s.
 3943  1002.69(7).
 3944         (3) The department shall adopt procedures governing the
 3945  administration of the Voluntary Prekindergarten Education
 3946  Program by the early learning coalitions and school districts
 3947  for:
 3948         (a) Enrolling children in and determining the eligibility
 3949  of children for the Voluntary Prekindergarten Education Program
 3950  under s. 1002.53.
 3951         (b) Providing parents with profiles of private
 3952  prekindergarten providers and public schools under s. 1002.53.
 3953         (c) Registering private prekindergarten providers and
 3954  public schools to deliver the program under ss. 1002.55,
 3955  1002.61, and 1002.63.
 3956         (d) Determining the eligibility of private prekindergarten
 3957  providers to deliver the program under ss. 1002.55 and 1002.61.
 3958         (e) Verifying the compliance of private prekindergarten
 3959  providers and public schools and removing providers or schools
 3960  from eligibility to deliver the program due to noncompliance or
 3961  misconduct as provided in s. 1002.67.
 3962         (f) Paying private prekindergarten providers and public
 3963  schools under s. 1002.71.
 3964         (g) Documenting and certifying student enrollment and
 3965  student attendance under s. 1002.71.
 3966         (h) Reconciling advance payments in accordance with the
 3967  uniform attendance policy under s. 1002.71.
 3968         (i) Reenrolling students dismissed by a private
 3969  prekindergarten provider or public school for noncompliance with
 3970  the provider’s or school district’s attendance policy under s.
 3971  1002.71.
 3972         (4) The department shall adopt procedures governing the
 3973  administration of the Voluntary Prekindergarten Education
 3974  Program by the early learning coalitions and school districts
 3975  for:
 3976         (a) Approving improvement plans of private prekindergarten
 3977  providers and public schools under s. 1002.67.
 3978         (b) Placing private prekindergarten providers and public
 3979  schools on probation and requiring corrective actions under s.
 3980  1002.67.
 3981         (c) Removing a private prekindergarten provider or public
 3982  school from eligibility to deliver the program due to the
 3983  provider’s or school’s remaining on probation beyond the time
 3984  permitted under s. 1002.67.
 3985         (d) Enrolling children in and determining the eligibility
 3986  of children for the Voluntary Prekindergarten Education Program
 3987  under s. 1002.66.
 3988         (e) Paying specialized instructional services providers
 3989  under s. 1002.66.
 3990         (5) The department shall also adopt procedures for the
 3991  distribution of funds to early learning coalitions under s.
 3992  1002.71.
 3993         (6)(3) Except as provided by law, the department may not
 3994  impose requirements on a private prekindergarten provider or
 3995  public school that does not deliver the Voluntary
 3996  Prekindergarten Education Program or receive state funds under
 3997  this part.
 3998         Section 47. Paragraph (i) of subsection (3) of section
 3999  11.45, Florida Statutes, is amended to read:
 4000         11.45 Definitions; duties; authorities; reports; rules.—
 4001         (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.—The Auditor
 4002  General may, pursuant to his or her own authority, or at the
 4003  direction of the Legislative Auditing Committee, conduct audits
 4004  or other engagements as determined appropriate by the Auditor
 4005  General of:
 4006         (i) The Jobs Florida Partnership Enterprise Florida, Inc.,
 4007  including any of its boards, advisory committees, or similar
 4008  groups created by the Jobs Florida Partnership Enterprise
 4009  Florida, Inc., and programs. The audit report may not reveal the
 4010  identity of any person who has anonymously made a donation to
 4011  the Jobs Florida Partnership Enterprise Florida, Inc., pursuant
 4012  to this paragraph. The identity of a donor or prospective donor
 4013  to the Jobs Florida Partnership Enterprise Florida, Inc., who
 4014  desires to remain anonymous and all information identifying such
 4015  donor or prospective donor are confidential and exempt from the
 4016  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
 4017  Constitution. Such anonymity shall be maintained in the
 4018  auditor’s report.
 4019         Section 48. Paragraph (b) of subsection (2) of section
 4020  14.20195, Florida Statutes, is amended to read:
 4021         14.20195 Suicide Prevention Coordinating Council; creation;
 4022  membership; duties.—There is created within the Statewide Office
 4023  for Suicide Prevention a Suicide Prevention Coordinating
 4024  Council. The council shall develop strategies for preventing
 4025  suicide.
 4026         (2) MEMBERSHIP.—The Suicide Prevention Coordinating Council
 4027  shall consist of 28 voting members.
 4028         (b) The following state officials or their designees shall
 4029  serve on the coordinating council:
 4030         1. The Secretary of Elderly Affairs.
 4031         2. The State Surgeon General.
 4032         3. The Commissioner of Education.
 4033         4. The Secretary of Health Care Administration.
 4034         5. The Secretary of Juvenile Justice.
 4035         6. The Secretary of Corrections.
 4036         7. The executive director of the Department of Law
 4037  Enforcement.
 4038         8. The executive director of the Department of Veterans’
 4039  Affairs.
 4040         9. The Secretary of Children and Family Services.
 4041         10. The commissioner director of Jobs Florida the Agency
 4042  for Workforce Innovation.
 4043         Section 49. Section 15.18, Florida Statutes, is amended to
 4044  read:
 4045         15.18 International and cultural relations.—The Divisions
 4046  of Cultural Affairs, Historical Resources, and Library and
 4047  Information Services of the Department of State promote programs
 4048  having substantial cultural, artistic, and indirect economic
 4049  significance that emphasize American creativity. The Secretary
 4050  of State, as the head administrator of these divisions, shall
 4051  hereafter be known as “Florida’s Chief Cultural Officer.” As
 4052  this officer, the Secretary of State is encouraged to initiate
 4053  and develop relationships between the state and foreign cultural
 4054  officers, their representatives, and other foreign governmental
 4055  officials in order to promote Florida as the center of American
 4056  creativity. The Secretary of State shall coordinate
 4057  international activities pursuant to this section with the Jobs
 4058  Florida Partnership Enterprise Florida, Inc., and any other
 4059  organization the secretary deems appropriate. For the
 4060  accomplishment of this purpose, the Secretary of State shall
 4061  have the power and authority to:
 4062         (1) Disseminate any information pertaining to the State of
 4063  Florida which promotes the state’s cultural assets.
 4064         (2) Plan and carry out activities designed to cause
 4065  improved cultural and governmental programs and exchanges with
 4066  foreign countries.
 4067         (3) Plan and implement cultural and social activities for
 4068  visiting foreign heads of state, diplomats, dignitaries, and
 4069  exchange groups.
 4070         (4) Encourage and cooperate with other public and private
 4071  organizations or groups in their efforts to promote the cultural
 4072  advantages of Florida.
 4073         (5) Serve as the liaison with all foreign consular and
 4074  ambassadorial corps, as well as international organizations,
 4075  that are consistent with the purposes of this section.
 4076         (6) Provide, arrange, and make expenditures for the
 4077  achievement of any or all of the purposes specified in this
 4078  section.
 4079         (7) Notwithstanding the provisions of part I of chapter
 4080  287, promulgate rules for entering into contracts which are
 4081  primarily for promotional services and events, which may include
 4082  commodities involving a service. Such rules shall include the
 4083  authority to negotiate costs with the offerors of such services
 4084  and commodities who have been determined to be qualified on the
 4085  basis of technical merit, creative ability, and professional
 4086  competency. The rules shall only apply to the expenditure of
 4087  funds donated for promotional services and events. Expenditures
 4088  of appropriated funds shall be made only in accordance with part
 4089  I of chapter 287.
 4090         Section 50. Section 15.182, Florida Statutes, is amended to
 4091  read:
 4092         15.182 International travel by state-funded musical,
 4093  cultural, or artistic organizations; notification to Jobs
 4094  Florida Office of Tourism, Trade, and Economic Development.—
 4095         (1) If a musical, cultural, or artistic organization that
 4096  receives state funding is traveling internationally for a
 4097  presentation, performance, or other significant public viewing,
 4098  including an organization associated with a college or
 4099  university, such organization shall notify Jobs Florida The
 4100  Office of Tourism, Trade, and Economic Development of its
 4101  intentions to travel, together with the date, time, and location
 4102  of each appearance.
 4103         (2) Jobs Florida The Office of Tourism, Trade, and Economic
 4104  Development, in conjunction with the Jobs Florida Partnership
 4105  Enterprise Florida, Inc., shall act as an intermediary between
 4106  performing musical, cultural, and artistic organizations and
 4107  Florida businesses to encourage and coordinate joint
 4108  undertakings. Such coordination may include, but is not limited
 4109  to, encouraging business and industry to sponsor cultural
 4110  events, assistance with travel of such organizations, and
 4111  coordinating travel schedules of cultural performance groups and
 4112  international trade missions.
 4113         (3) An organization shall provide the notification to the
 4114  Department of State required by this section at least 30 days
 4115  before prior to the date the international travel is to commence
 4116  or, when an intention to travel internationally is not formed at
 4117  least 30 days in advance of the date the travel is to commence,
 4118  as soon as feasible after forming such travel intention. The
 4119  Department of State shall take an active role in informing such
 4120  groups of the responsibility to notify the department of travel
 4121  intentions.
 4122         Section 51. Paragraph (j) of subsection (1) of section
 4123  16.615, Florida Statutes, is amended to read:
 4124         16.615 Council on the Social Status of Black Men and Boys.—
 4125         (1) The Council on the Social Status of Black Men and Boys
 4126  is established within the Department of Legal Affairs and shall
 4127  consist of 19 members appointed as follows:
 4128         (j) The commissioner director of Jobs Florida the Agency
 4129  for Workforce Innovation or his or her designee.
 4130         Section 52. Paragraph (a) of subsection (8) and paragraph
 4131  (a) of subsection (9) of section 39.001, Florida Statutes, are
 4132  amended to read:
 4133         39.001 Purposes and intent; personnel standards and
 4134  screening.—
 4135         (8) PLAN FOR COMPREHENSIVE APPROACH.—
 4136         (a) The office shall develop a state plan for the promotion
 4137  of adoption, support of adoptive families, and prevention of
 4138  abuse, abandonment, and neglect of children and shall submit the
 4139  state plan to the Speaker of the House of Representatives, the
 4140  President of the Senate, and the Governor no later than December
 4141  31, 2008. The Department of Children and Family Services, the
 4142  Department of Corrections, the Department of Education, the
 4143  Department of Health, the Department of Juvenile Justice, the
 4144  Department of Law Enforcement, and the Agency for Persons with
 4145  Disabilities, and the Agency for Workforce Innovation shall
 4146  participate and fully cooperate in the development of the state
 4147  plan at both the state and local levels. Furthermore,
 4148  appropriate local agencies and organizations shall be provided
 4149  an opportunity to participate in the development of the state
 4150  plan at the local level. Appropriate local groups and
 4151  organizations shall include, but not be limited to, community
 4152  mental health centers; guardian ad litem programs for children
 4153  under the circuit court; the school boards of the local school
 4154  districts; the Florida local advocacy councils; community-based
 4155  care lead agencies; private or public organizations or programs
 4156  with recognized expertise in working with child abuse prevention
 4157  programs for children and families; private or public
 4158  organizations or programs with recognized expertise in working
 4159  with children who are sexually abused, physically abused,
 4160  emotionally abused, abandoned, or neglected and with expertise
 4161  in working with the families of such children; private or public
 4162  programs or organizations with expertise in maternal and infant
 4163  health care; multidisciplinary child protection teams; child day
 4164  care centers; law enforcement agencies; and the circuit courts,
 4165  when guardian ad litem programs are not available in the local
 4166  area. The state plan to be provided to the Legislature and the
 4167  Governor shall include, as a minimum, the information required
 4168  of the various groups in paragraph (b).
 4169         (9) FUNDING AND SUBSEQUENT PLANS.—
 4170         (a) All budget requests submitted by the office, the
 4171  department, the Department of Health, the Department of
 4172  Education, the Department of Juvenile Justice, the Department of
 4173  Corrections, the Agency for Persons with Disabilities, the
 4174  Agency for Workforce Innovation, or any other agency to the
 4175  Legislature for funding of efforts for the promotion of
 4176  adoption, support of adoptive families, and prevention of child
 4177  abuse, abandonment, and neglect shall be based on the state plan
 4178  developed pursuant to this section.
 4179         Section 53. Paragraph (a) of subsection (7) of section
 4180  45.031, Florida Statutes, is amended to read:
 4181         45.031 Judicial sales procedure.—In any sale of real or
 4182  personal property under an order or judgment, the procedures
 4183  provided in this section and ss. 45.0315-45.035 may be followed
 4184  as an alternative to any other sale procedure if so ordered by
 4185  the court.
 4186         (7) DISBURSEMENTS OF PROCEEDS.—
 4187         (a) On filing a certificate of title, the clerk shall
 4188  disburse the proceeds of the sale in accordance with the order
 4189  or final judgment and shall file a report of such disbursements
 4190  and serve a copy of it on each party, and on the Department of
 4191  Revenue if the department was named as a defendant in the action
 4192  or if Jobs Florida or the former Agency for Workforce Innovation
 4193  or the former Department of Labor and Employment Security was
 4194  named as a defendant while the Department of Revenue was
 4195  providing unemployment tax collection services under contract
 4196  with Jobs Florida or the former Agency for Workforce Innovation
 4197  through an interagency agreement pursuant to s. 443.1316.
 4198         Section 54. Paragraph (a) of subsection (4) of section
 4199  69.041, Florida Statutes, is amended to read:
 4200         69.041 State named party; lien foreclosure, suit to quiet
 4201  title.—
 4202         (4)(a) The Department of Revenue has the right to
 4203  participate in the disbursement of funds remaining in the
 4204  registry of the court after distribution pursuant to s.
 4205  45.031(7). The department shall participate in accordance with
 4206  applicable procedures in any mortgage foreclosure action in
 4207  which the department has a duly filed tax warrant, or interests
 4208  under a lien arising from a judgment, order, or decree for
 4209  support, as defined in s. 409.2554, or interest in an
 4210  unemployment compensation tax lien under contract with Jobs
 4211  Florida the Agency for Workforce Innovation through an
 4212  interagency agreement pursuant to s. 443.1316, against the
 4213  subject property and with the same priority, regardless of
 4214  whether a default against the department, Jobs Florida, or the
 4215  former Agency for Workforce Innovation, or the former Department
 4216  of Labor and Employment Security has been entered for failure to
 4217  file an answer or other responsive pleading.
 4218         Section 55. Subsection (3) of section 112.3135, Florida
 4219  Statutes, is amended to read:
 4220         112.3135 Restriction on employment of relatives.—
 4221         (3) An agency may prescribe regulations authorizing the
 4222  temporary employment, in the event of an emergency as defined in
 4223  s. 252.34(3), of individuals whose employment would be otherwise
 4224  prohibited by this section.
 4225         Section 56. Paragraph (d) of subsection (2) and paragraph
 4226  (f) of subsection (5) of section 119.071, Florida Statutes, are
 4227  amended to read:
 4228         119.071 General exemptions from inspection or copying of
 4229  public records.—
 4230         (2) AGENCY INVESTIGATIONS.—
 4231         (d) Any information revealing surveillance techniques or
 4232  procedures or personnel is exempt from s. 119.07(1) and s.
 4233  24(a), Art. I of the State Constitution. Any comprehensive
 4234  inventory of state and local law enforcement resources compiled
 4235  pursuant to part I, chapter 23, and any comprehensive policies
 4236  or plans compiled by a criminal justice agency pertaining to the
 4237  mobilization, deployment, or tactical operations involved in
 4238  responding to an emergency emergencies, as defined in s.
 4239  252.34(3), are exempt from s. 119.07(1) and s. 24(a), Art. I of
 4240  the State Constitution and unavailable for inspection, except by
 4241  personnel authorized by a state or local law enforcement agency,
 4242  the office of the Governor, the Department of Legal Affairs, the
 4243  Department of Law Enforcement, or the Office of Emergency
 4244  Management the Department of Community Affairs as having an
 4245  official need for access to the inventory or comprehensive
 4246  policies or plans.
 4247         (5) OTHER PERSONAL INFORMATION.—
 4248         (f) Medical history records and information related to
 4249  health or property insurance provided to Jobs Florida the
 4250  Department of Community Affairs, the Florida Housing Finance
 4251  Corporation, a county, a municipality, or a local housing
 4252  finance agency by an applicant for or a participant in a
 4253  federal, state, or local housing assistance program are
 4254  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
 4255  of the State Constitution. Governmental entities or their agents
 4256  shall have access to such confidential and exempt records and
 4257  information for the purpose of auditing federal, state, or local
 4258  housing programs or housing assistance programs. Such
 4259  confidential and exempt records and information may be used in
 4260  any administrative or judicial proceeding, provided such records
 4261  are kept confidential and exempt unless otherwise ordered by a
 4262  court.
 4263         Section 57. Subsection (10) of section 120.80, Florida
 4264  Statutes, is amended to read:
 4265         120.80 Exceptions and special requirements; agencies.—
 4266         (10) JOBS FLORIDA AGENCY FOR WORKFORCE INNOVATION.—
 4267         (a) Notwithstanding s. 120.54, the rulemaking provisions of
 4268  this chapter do not apply to unemployment appeals referees.
 4269         (b) Notwithstanding s. 120.54(5), the uniform rules of
 4270  procedure do not apply to appeal proceedings conducted under
 4271  chapter 443 by the Unemployment Appeals Commission, special
 4272  deputies, or unemployment appeals referees.
 4273         (c) Notwithstanding s. 120.57(1)(a), hearings under chapter
 4274  443 may not be conducted by an administrative law judge assigned
 4275  by the division, but instead shall be conducted by the
 4276  Unemployment Appeals Commission in unemployment compensation
 4277  appeals, unemployment appeals referees, and Jobs Florida the
 4278  Agency for Workforce Innovation or its special deputies under s.
 4279  443.141.
 4280         Section 58. Subsection (1) of section 125.01045, Florida
 4281  Statutes, is amended to read:
 4282         125.01045 Prohibition of fees for first responder
 4283  services.—
 4284         (1) A county may not impose a fee or seek reimbursement for
 4285  any costs or expenses that may be incurred for services provided
 4286  by a first responder, including costs or expenses related to
 4287  personnel, supplies, motor vehicles, or equipment in response to
 4288  a motor vehicle accident, except for costs to contain or clean
 4289  up hazardous materials in quantities reportable to the Florida
 4290  State Warning Point at the Office Division of Emergency
 4291  Management, and costs for transportation and treatment provided
 4292  by ambulance services licensed pursuant to s. 401.23(4) and (5).
 4293         Section 59. Subsection (11) of section 159.803, Florida
 4294  Statutes, is amended to read:
 4295         159.803 Definitions.—As used in this part, the term:
 4296         (11) “Florida First Business project” means any project
 4297  which is certified by Jobs Florida the Office of Tourism, Trade,
 4298  and Economic Development as eligible to receive an allocation
 4299  from the Florida First Business allocation pool established
 4300  pursuant to s. 159.8083. Jobs Florida The Office of Tourism,
 4301  Trade, and Economic Development may certify those projects
 4302  meeting the criteria set forth in s. 288.106(4)(b) or any
 4303  project providing a substantial economic benefit to this state.
 4304         Section 60. Paragraph (a) of subsection (2) of section
 4305  159.8081, Florida Statutes, is amended to read:
 4306         159.8081 Manufacturing facility bond pool.—
 4307         (2)(a) The first 75 percent of this pool shall be available
 4308  on a first come, first served basis, except that 15 percent of
 4309  the state volume limitation allocated to this pool shall be
 4310  available as provided in paragraph (b). Before Prior to issuing
 4311  any written confirmations for the remaining 25 percent of this
 4312  pool, the director shall forward all notices of intent to issue
 4313  which are received by the division for manufacturing facility
 4314  projects to Jobs Florida the Office of Tourism, Trade, and
 4315  Economic Development. Jobs Florida The Office of Tourism, Trade,
 4316  and Economic Development and the Department of Community Affairs
 4317  shall decide, after receipt of the notices of intent to issue,
 4318  which notices will receive written confirmations. Such decision
 4319  shall be communicated in writing by Jobs Florida the Office of
 4320  Tourism, Trade, and Economic Development to the director within
 4321  10 days of receipt of such notices of intent to issue. Jobs
 4322  Florida The Office of Tourism, Trade, and Economic Development,
 4323  in consultation with the Department of Community Affairs, may
 4324  develop rules to ensure that allocation of the remaining 25
 4325  percent is consistent with the state’s economic development
 4326  policy.
 4327         Section 61. Section 159.8083, Florida Statutes, is amended
 4328  to read:
 4329         159.8083 Florida First Business allocation pool.—The
 4330  Florida First Business allocation pool is hereby established.
 4331  The Florida First Business allocation pool shall be available
 4332  solely to provide written confirmation for private activity
 4333  bonds to finance Florida First Business projects certified by
 4334  Jobs Florida the Office of Tourism, Trade, and Economic
 4335  Development as eligible to receive a written confirmation.
 4336  Allocations from such pool shall be awarded statewide pursuant
 4337  to procedures specified in s. 159.805, except that the
 4338  provisions of s. 159.805(2), (3), and (6) do not apply. Florida
 4339  First Business projects that are eligible for a carryforward do
 4340  shall not lose their allocation pursuant to s. 159.809(3) on
 4341  October 1, or pursuant to s. 159.809(4) on November 16, if they
 4342  have applied for and have been granted a carryforward by the
 4343  division pursuant to s. 159.81(1). In issuing written
 4344  confirmations of allocations for Florida First Business
 4345  projects, the division shall use the Florida First Business
 4346  allocation pool. If allocation is not available from the Florida
 4347  First Business allocation pool, the division shall issue written
 4348  confirmations of allocations for Florida First Business projects
 4349  pursuant to s. 159.806 or s. 159.807, in such order. For the
 4350  purpose of determining priority within a regional allocation
 4351  pool or the state allocation pool, notices of intent to issue
 4352  bonds for Florida First Business projects to be issued from a
 4353  regional allocation pool or the state allocation pool shall be
 4354  considered to have been received by the division at the time it
 4355  is determined by the division that the Florida First Business
 4356  allocation pool is unavailable to issue confirmation for such
 4357  Florida First Business project. If the total amount requested in
 4358  notices of intent to issue private activity bonds for Florida
 4359  First Business projects exceeds the total amount of the Florida
 4360  First Business allocation pool, the director shall forward all
 4361  timely notices of intent to issue, which are received by the
 4362  division for such projects, to Jobs Florida the Office of
 4363  Tourism, Trade, and Economic Development which shall render a
 4364  decision as to which notices of intent to issue are to receive
 4365  written confirmations. Jobs Florida The Office of Tourism,
 4366  Trade, and Economic Development, in consultation with the
 4367  division, shall develop rules to ensure that the allocation
 4368  provided in such pool is available solely to provide written
 4369  confirmations for private activity bonds to finance Florida
 4370  First Business projects and that such projects are feasible and
 4371  financially solvent.
 4372         Section 62. Subsection (10) of section 161.54, Florida
 4373  Statutes, is amended to read:
 4374         161.54 Definitions.—In construing ss. 161.52-161.58:
 4375         (10) “State land planning agency” means Jobs Florida the
 4376  Department of Community Affairs.
 4377         Section 63. Section 163.03, Florida Statutes, is amended to
 4378  read:
 4379         163.03 Commissioner of Jobs Florida Secretary of Community
 4380  Affairs; powers and duties; function of Jobs Florida Department
 4381  of Community Affairs with respect to federal grant-in-aid
 4382  programs.—
 4383         (1) The commissioner of Jobs Florida, or his or her
 4384  designee, Secretary of Community Affairs shall:
 4385         (a) Supervise and administer the activities of Jobs Florida
 4386  the department and shall advise the Governor, the Cabinet, and
 4387  the Legislature with respect to matters affecting community
 4388  affairs and local government and participate in the formulation
 4389  of policies which best use utilize the resources of state
 4390  government for the benefit of local government.
 4391         (b) Render services to local governments by assisting, upon
 4392  request, in applying for and securing federal and state funds
 4393  and by assisting the Executive Office of the Governor in
 4394  coordinating the activities of the state with federal programs
 4395  for assistance in and solution of urban problems.
 4396         (c) Under the direction of the Governor, administer
 4397  programs to apply rapidly all available aid to communities
 4398  stricken by an emergency as defined in s. 252.34(3) and, for
 4399  this purpose, provide liaison with federal agencies and other
 4400  public and private agencies.
 4401         (c)(d) When requested, administer programs which will
 4402  assist the efforts of local governments in developing mutual and
 4403  cooperative solutions to their common problems.
 4404         (d)(e) Conduct programs to encourage and promote the
 4405  involvement of private enterprise in the solution of urban
 4406  problems.
 4407         (e)(f) Conduct continuing programs of analysis and
 4408  evaluation of local governments and recommend to the Governor
 4409  programs and changes in the powers and organization of local
 4410  government as may seem necessary to strengthen local
 4411  governments.
 4412         (f)(g) Assist the Governor and the Cabinet in coordinating
 4413  and making more effective the activities and services of those
 4414  departments and agencies of the state which may be of service to
 4415  units of local government.
 4416         (g)(h) Provide consultative services and technical
 4417  assistance to local officials in the fields of housing,
 4418  redevelopment and renewal, local public improvement programs,
 4419  planning and zoning, and other local programs and collect and
 4420  disseminate information pertaining thereto, including
 4421  information concerning federal, state, and private assistance
 4422  programs and services.
 4423         (h)(i) Conduct research and studies, and prepare model
 4424  ordinances and codes relating to the areas referred to herein.
 4425         (i)(j) Cooperate with other state agencies in the
 4426  preparation of statewide plans relating to housing,
 4427  redevelopment and renewal, human resources development, local
 4428  planning and zoning, transportation and traffic, and other
 4429  matters relating to the purposes of this section.
 4430         (j)(k) Accept funds from all sources to be used utilized in
 4431  programs designed to combat juvenile crime, including the making
 4432  of contributions to the National Youth Emergency Corps.
 4433         (k)(l) Be authorized to accept and disburse funds from all
 4434  sources in order to carry out the following programs:
 4435         1. Advisory and informational services to local
 4436  governments.
 4437         2. Community development training under Title VIII of the
 4438  Housing Act of 1964.
 4439         3. Local planning assistance under s. 701 of the Housing
 4440  Act of 1954.
 4441         4. Statewide planning assistance under s. 701 of the
 4442  Housing Act of 1954.
 4443         5. Model cities technical assistance under s. 701 of the
 4444  Housing Act of 1954.
 4445         (l)(m) Perform such other functions, duties, or
 4446  responsibilities as may be hereafter assigned to him or her by
 4447  law.
 4448         (2) It is the intent of this section, with respect to
 4449  federal grant-in-aid programs, that Jobs Florida the department
 4450  serve as the agency for disseminating information to local
 4451  governments regarding the availability of federal grant-in-aid
 4452  assistance to local governments in their efforts to secure
 4453  federal grant-in-aid assistance, but only upon the request of
 4454  such local governments, and for assisting local governments in
 4455  maintaining liaison and communications with federal agencies
 4456  concerning federal grant-in-aid programs. Nothing contained
 4457  herein shall be construed to require consent, approval, or
 4458  authorization from Jobs Florida the department as a condition to
 4459  any application for or acceptance of grants-in-aid from the
 4460  United States Government.
 4461         (3) Jobs Florida The department is authorized to adopt
 4462  rules implementing the following grant programs, which rules
 4463  shall be consistent with the laws, regulations, or guidelines
 4464  governing the grant to Jobs Florida the department:
 4465         (a) Criminal justice grant programs administered by the
 4466  Bureau of Criminal Justice Assistance.
 4467         (b) Grants under the federal Outer Continental Shelf
 4468  Program administered by the Bureau of Land and Water Management.
 4469         (c) Federal housing assistance programs.
 4470         (d) Community Services Block Grant programs.
 4471         (e) Federal weatherization grant programs.
 4472         (f) The Jobs Impact Program of the federal Community
 4473  Development Block Grant.
 4474         Section 64. Paragraph (d) of subsection (2) and subsection
 4475  (3) of section 163.3178, Florida Statutes, are amended to read:
 4476         163.3178 Coastal management.—
 4477         (2) Each coastal management element required by s.
 4478  163.3177(6)(g) shall be based on studies, surveys, and data; be
 4479  consistent with coastal resource plans prepared and adopted
 4480  pursuant to general or special law; and contain:
 4481         (d) A component which outlines principles for hazard
 4482  mitigation and protection of human life against the effects of
 4483  natural disaster, including population evacuation, which take
 4484  into consideration the capability to safely evacuate the density
 4485  of coastal population proposed in the future land use plan
 4486  element in the event of an impending natural disaster. The
 4487  Office Division of Emergency Management shall manage the update
 4488  of the regional hurricane evacuation studies, ensure such
 4489  studies are done in a consistent manner, and ensure that the
 4490  methodology used for modeling storm surge is that used by the
 4491  National Hurricane Center.
 4492         (3) Expansions to port harbors, spoil disposal sites,
 4493  navigation channels, turning basins, harbor berths, and other
 4494  related inwater harbor facilities of ports listed in s.
 4495  403.021(9); port transportation facilities and projects listed
 4496  in s. 311.07(3)(b); intermodal transportation facilities
 4497  identified pursuant to s. 311.09(3); and facilities determined
 4498  by Jobs Florida the Department of Community Affairs and
 4499  applicable general-purpose local government to be port-related
 4500  industrial or commercial projects located within 3 miles of or
 4501  in a port master plan area which rely upon the use of port and
 4502  intermodal transportation facilities shall not be designated as
 4503  developments of regional impact if such expansions, projects, or
 4504  facilities are consistent with comprehensive master plans that
 4505  are in compliance with this section.
 4506         Section 65. Subsection (14) of section 163.3221, Florida
 4507  Statutes, is amended to read:
 4508         163.3221 Florida Local Government Development Agreement
 4509  Act; definitions.—As used in ss. 163.3220-163.3243:
 4510         (14) “State land planning agency” means Jobs Florida the
 4511  Department of Community Affairs.
 4512         Section 66. Subsection (10) of section 163.360, Florida
 4513  Statutes, is amended to read:
 4514         163.360 Community redevelopment plans.—
 4515         (10) Notwithstanding any other provisions of this part, if
 4516  when the governing body certifies that an area is in need of
 4517  redevelopment or rehabilitation as a result of an emergency as
 4518  defined in under s. 252.34(3), with respect to which the
 4519  Governor has certified the need for emergency assistance under
 4520  federal law, that area may be certified as a “blighted area,”
 4521  and the governing body may approve a community redevelopment
 4522  plan and community redevelopment with respect to such area
 4523  without regard to the provisions of this section requiring a
 4524  general plan for the county or municipality and a public hearing
 4525  on the community redevelopment.
 4526         Section 67. Subsection (1) of section 166.0446, Florida
 4527  Statutes, is amended to read:
 4528         166.0446 Prohibition of fees for first responder services.—
 4529         (1) A municipality may not impose a fee or seek
 4530  reimbursement for any costs or expenses that may be incurred for
 4531  services provided by a first responder, including costs or
 4532  expenses related to personnel, supplies, motor vehicles, or
 4533  equipment in response to a motor vehicle accident, except for
 4534  costs to contain or clean up hazardous materials in quantities
 4535  reportable to the Florida State Warning Point at the Office
 4536  Division of Emergency Management, and costs for transportation
 4537  and treatment provided by ambulance services licensed pursuant
 4538  to s. 401.23(4) and (5).
 4539         Section 68. Subsection (1) of section 175.021, Florida
 4540  Statutes, is amended to read:
 4541         175.021 Legislative declaration.—
 4542         (1) It is hereby declared by the Legislature that
 4543  firefighters, as hereinafter defined, perform state and
 4544  municipal functions; that it is their duty to extinguish fires,
 4545  to protect life, and to protect property at their own risk and
 4546  peril; that it is their duty to prevent conflagration and to
 4547  continuously instruct school personnel, public officials, and
 4548  private citizens in the prevention of fires and firesafety; that
 4549  they protect both life and property from local emergencies as
 4550  defined in s. 252.34(3); and that their activities are vital to
 4551  the public safety. It is further declared that firefighters
 4552  employed by special fire control districts serve under the same
 4553  circumstances and perform the same duties as firefighters
 4554  employed by municipalities and should therefore be entitled to
 4555  the benefits available under this chapter. Therefore, the
 4556  Legislature declares that it is a proper and legitimate state
 4557  purpose to provide a uniform retirement system for the benefit
 4558  of firefighters as hereinafter defined and intends, in
 4559  implementing the provisions of s. 14, Art. X of the State
 4560  Constitution as they relate to municipal and special district
 4561  firefighters’ pension trust fund systems and plans, that such
 4562  retirement systems or plans be managed, administered, operated,
 4563  and funded in such manner as to maximize the protection of the
 4564  firefighters’ pension trust funds. Pursuant to s. 18, Art. VII
 4565  of the State Constitution, the Legislature hereby determines and
 4566  declares that the provisions of this act fulfill an important
 4567  state interest.
 4568         Section 69. Paragraph (c) of subsection (4) of section
 4569  186.504, Florida Statutes, is amended to read:
 4570         186.504 Regional planning councils; creation; membership.—
 4571         (4) In addition to voting members appointed pursuant to
 4572  paragraph (2)(c), the Governor shall appoint the following ex
 4573  officio nonvoting members to each regional planning council:
 4574         (c) A representative nominated by Jobs Florida Enterprise
 4575  Florida, Inc., and the Office of Tourism, Trade, and Economic
 4576  Development.
 4577  
 4578  The Governor may also appoint ex officio nonvoting members
 4579  representing appropriate metropolitan planning organizations and
 4580  regional water supply authorities.
 4581         Section 70. Subsection (11) of section 186.505, Florida
 4582  Statutes, is amended to read:
 4583         186.505 Regional planning councils; powers and duties.—Any
 4584  regional planning council created hereunder shall have the
 4585  following powers:
 4586         (11) To cooperate, in the exercise of its planning
 4587  functions, with federal and state agencies in planning for
 4588  emergency management as defined in under s. 252.34(4).
 4589         Section 71. Paragraph (a) of subsection (1) of section
 4590  202.37, Florida Statutes, is amended to read:
 4591         202.37 Special rules for administration of local
 4592  communications services tax.—
 4593         (1)(a) Except as otherwise provided in this section, all
 4594  statutory provisions and administrative rules applicable to the
 4595  communications services tax imposed by s. 202.12 apply to any
 4596  local communications services tax imposed under s. 202.19, and
 4597  the department shall administer, collect, and enforce all taxes
 4598  imposed under s. 202.19, including interest and penalties
 4599  attributable thereto, in accordance with the same procedures
 4600  used in the administration, collection, and enforcement of the
 4601  communications services tax imposed by s. 202.12. Audits
 4602  performed by the department shall include a determination of the
 4603  dealer’s compliance with the jurisdictional situsing of its
 4604  customers’ service addresses and a determination of whether the
 4605  rate collected for the local tax pursuant to ss. 202.19 and
 4606  202.20 is correct. The person or entity designated by a local
 4607  government pursuant to s. 213.053(8) s. 213.053(8)(v) may
 4608  provide evidence to the department demonstrating a specific
 4609  person’s failure to fully or correctly report taxable
 4610  communications services sales within the jurisdiction. The
 4611  department may request additional information from the designee
 4612  to assist in any review. The department shall inform the
 4613  designee of what action, if any, the department intends to take
 4614  regarding the person.
 4615         Section 72. Paragraphs (j) and (p) of subsection (5) of
 4616  section 212.08, Florida Statutes, are amended to read:
 4617         212.08 Sales, rental, use, consumption, distribution, and
 4618  storage tax; specified exemptions.—The sale at retail, the
 4619  rental, the use, the consumption, the distribution, and the
 4620  storage to be used or consumed in this state of the following
 4621  are hereby specifically exempt from the tax imposed by this
 4622  chapter.
 4623         (5) EXEMPTIONS; ACCOUNT OF USE.—
 4624         (j) Machinery and equipment used in semiconductor, defense,
 4625  or space technology production.—
 4626         1.a. Industrial machinery and equipment used in
 4627  semiconductor technology facilities certified under subparagraph
 4628  5. to manufacture, process, compound, or produce semiconductor
 4629  technology products for sale or for use by these facilities are
 4630  exempt from the tax imposed by this chapter. For purposes of
 4631  this paragraph, industrial machinery and equipment includes
 4632  molds, dies, machine tooling, other appurtenances or accessories
 4633  to machinery and equipment, testing equipment, test beds,
 4634  computers, and software, whether purchased or self-fabricated,
 4635  and, if self-fabricated, includes materials and labor for
 4636  design, fabrication, and assembly.
 4637         b. Industrial machinery and equipment used in defense or
 4638  space technology facilities certified under subparagraph 5. to
 4639  design, manufacture, assemble, process, compound, or produce
 4640  defense technology products or space technology products for
 4641  sale or for use by these facilities are exempt from the tax
 4642  imposed by this chapter.
 4643         2. Building materials purchased for use in manufacturing or
 4644  expanding clean rooms in semiconductor-manufacturing facilities
 4645  are exempt from the tax imposed by this chapter.
 4646         3. In addition to meeting the criteria mandated by
 4647  subparagraph 1. or subparagraph 2., a business must be certified
 4648  by Jobs Florida the Office of Tourism, Trade, and Economic
 4649  Development in order to qualify for exemption under this
 4650  paragraph.
 4651         4. For items purchased tax-exempt pursuant to this
 4652  paragraph, possession of a written certification from the
 4653  purchaser, certifying the purchaser’s entitlement to the
 4654  exemption, relieves the seller of the responsibility of
 4655  collecting the tax on the sale of such items, and the department
 4656  shall look solely to the purchaser for recovery of the tax if it
 4657  determines that the purchaser was not entitled to the exemption.
 4658         5.a. To be eligible to receive the exemption provided by
 4659  subparagraph 1. or subparagraph 2., a qualifying business entity
 4660  shall initially apply to the Jobs Florida Partnership Enterprise
 4661  Florida, Inc. The original certification is valid for a period
 4662  of 2 years. In lieu of submitting a new application, the
 4663  original certification may be renewed biennially by submitting
 4664  to Jobs Florida the Office of Tourism, Trade, and Economic
 4665  Development a statement, certified under oath, that there has
 4666  been no material change in the conditions or circumstances
 4667  entitling the business entity to the original certification. The
 4668  initial application and the certification renewal statement
 4669  shall be developed by Jobs Florida the Office of Tourism, Trade,
 4670  and Economic Development in consultation with Enterprise
 4671  Florida, Inc.
 4672         b. The Jobs Florida Partnership Enterprise Florida, Inc.,
 4673  shall review each submitted initial application and determine
 4674  whether or not the application is complete within 5 working
 4675  days. Once complete, the Jobs Florida Partnership Enterprise
 4676  Florida, Inc., shall, within 10 working days, evaluate the
 4677  application and recommend approval or disapproval to Jobs
 4678  Florida the Office of Tourism, Trade, and Economic Development.
 4679         c. Upon receipt of the initial application and
 4680  recommendation from the Jobs Florida Partnership Enterprise
 4681  Florida, Inc., or upon receipt of a certification renewal
 4682  statement, Jobs Florida the Office of Tourism, Trade, and
 4683  Economic Development shall certify within 5 working days those
 4684  applicants who are found to meet the requirements of this
 4685  section and notify the applicant, the Jobs Florida Partnership
 4686  Enterprise Florida, Inc., and the department of the original
 4687  certification or certification renewal. If Jobs Florida the
 4688  Office of Tourism, Trade, and Economic Development finds that
 4689  the applicant does not meet the requirements, it shall notify
 4690  the applicant and the Jobs Florida Partnership Enterprise
 4691  Florida, Inc., within 10 working days that the application for
 4692  certification has been denied and the reasons for denial. Jobs
 4693  Florida The Office of Tourism, Trade, and Economic Development
 4694  has final approval authority for certification under this
 4695  section.
 4696         d. The initial application and certification renewal
 4697  statement must indicate, for program evaluation purposes only,
 4698  the average number of full-time equivalent employees at the
 4699  facility over the preceding calendar year, the average wage and
 4700  benefits paid to those employees over the preceding calendar
 4701  year, the total investment made in real and tangible personal
 4702  property over the preceding calendar year, and the total value
 4703  of tax-exempt purchases and taxes exempted during the previous
 4704  year. The department shall assist Jobs Florida the Office of
 4705  Tourism, Trade, and Economic Development in evaluating and
 4706  verifying information provided in the application for exemption.
 4707         e. Jobs Florida The Office of Tourism, Trade, and Economic
 4708  Development may use the information reported on the initial
 4709  application and certification renewal statement for evaluation
 4710  purposes only.
 4711         6. A business certified to receive this exemption may elect
 4712  to designate one or more state universities or community
 4713  colleges as recipients of up to 100 percent of the amount of the
 4714  exemption. To receive these funds, the institution must agree to
 4715  match the funds with equivalent cash, programs, services, or
 4716  other in-kind support on a one-to-one basis for research and
 4717  development projects requested by the certified business. The
 4718  rights to any patents, royalties, or real or intellectual
 4719  property must be vested in the business unless otherwise agreed
 4720  to by the business and the university or community college.
 4721         7. As used in this paragraph, the term:
 4722         a. “Semiconductor technology products” means raw
 4723  semiconductor wafers or semiconductor thin films that are
 4724  transformed into semiconductor memory or logic wafers, including
 4725  wafers containing mixed memory and logic circuits; related
 4726  assembly and test operations; active-matrix flat panel displays;
 4727  semiconductor chips; semiconductor lasers; optoelectronic
 4728  elements; and related semiconductor technology products as
 4729  determined by Jobs Florida the Office of Tourism, Trade, and
 4730  Economic Development.
 4731         b. “Clean rooms” means manufacturing facilities enclosed in
 4732  a manner that meets the clean manufacturing requirements
 4733  necessary for high-technology semiconductor-manufacturing
 4734  environments.
 4735         c. “Defense technology products” means products that have a
 4736  military application, including, but not limited to, weapons,
 4737  weapons systems, guidance systems, surveillance systems,
 4738  communications or information systems, munitions, aircraft,
 4739  vessels, or boats, or components thereof, which are intended for
 4740  military use and manufactured in performance of a contract with
 4741  the United States Department of Defense or the military branch
 4742  of a recognized foreign government or a subcontract thereunder
 4743  which relates to matters of national defense.
 4744         d. “Space technology products” means products that are
 4745  specifically designed or manufactured for application in space
 4746  activities, including, but not limited to, space launch
 4747  vehicles, space flight vehicles, missiles, satellites or
 4748  research payloads, avionics, and associated control systems and
 4749  processing systems and components of any of the foregoing. The
 4750  term does not include products that are designed or manufactured
 4751  for general commercial aviation or other uses even though those
 4752  products may also serve an incidental use in space applications.
 4753         (p) Community contribution tax credit for donations.—
 4754         1. Authorization.—Persons who are registered with the
 4755  department under s. 212.18 to collect or remit sales or use tax
 4756  and who make donations to eligible sponsors are eligible for tax
 4757  credits against their state sales and use tax liabilities as
 4758  provided in this paragraph:
 4759         a. The credit shall be computed as 50 percent of the
 4760  person’s approved annual community contribution.
 4761         b. The credit shall be granted as a refund against state
 4762  sales and use taxes reported on returns and remitted in the 12
 4763  months preceding the date of application to the department for
 4764  the credit as required in sub-subparagraph 3.c. If the annual
 4765  credit is not fully used through such refund because of
 4766  insufficient tax payments during the applicable 12-month period,
 4767  the unused amount may be included in an application for a refund
 4768  made pursuant to sub-subparagraph 3.c. in subsequent years
 4769  against the total tax payments made for such year. Carryover
 4770  credits may be applied for a 3-year period without regard to any
 4771  time limitation that would otherwise apply under s. 215.26.
 4772         c. A person may not receive more than $200,000 in annual
 4773  tax credits for all approved community contributions made in any
 4774  one year.
 4775         d. All proposals for the granting of the tax credit require
 4776  the prior approval of Jobs Florida the Office of Tourism, Trade,
 4777  and Economic Development.
 4778         e. The total amount of tax credits which may be granted for
 4779  all programs approved under this paragraph, s. 220.183, and s.
 4780  624.5105 is $10.5 million annually for projects that provide
 4781  homeownership opportunities for low-income or very-low-income
 4782  households as defined in s. 420.9071(19) and (28) and $3.5
 4783  million annually for all other projects.
 4784         f. A person who is eligible to receive the credit provided
 4785  for in this paragraph, s. 220.183, or s. 624.5105 may receive
 4786  the credit only under the one section of the person’s choice.
 4787         2. Eligibility requirements.—
 4788         a. A community contribution by a person must be in the
 4789  following form:
 4790         (I) Cash or other liquid assets;
 4791         (II) Real property;
 4792         (III) Goods or inventory; or
 4793         (IV) Other physical resources as identified by Jobs Florida
 4794  the Office of Tourism, Trade, and Economic Development.
 4795         b. All community contributions must be reserved exclusively
 4796  for use in a project. As used in this sub-subparagraph, the term
 4797  “project” means any activity undertaken by an eligible sponsor
 4798  which is designed to construct, improve, or substantially
 4799  rehabilitate housing that is affordable to low-income or very
 4800  low-income households as defined in s. 420.9071(19) and (28);
 4801  designed to provide commercial, industrial, or public resources
 4802  and facilities; or designed to improve entrepreneurial and job
 4803  development opportunities for low-income persons. A project may
 4804  be the investment necessary to increase access to high-speed
 4805  broadband capability in rural communities with enterprise zones,
 4806  including projects that result in improvements to communications
 4807  assets that are owned by a business. A project may include the
 4808  provision of museum educational programs and materials that are
 4809  directly related to any project approved between January 1,
 4810  1996, and December 31, 1999, and located in an enterprise zone
 4811  designated pursuant to s. 290.0065. This paragraph does not
 4812  preclude projects that propose to construct or rehabilitate
 4813  housing for low-income or very-low-income households on
 4814  scattered sites. With respect to housing, contributions may be
 4815  used to pay the following eligible low-income and very-low
 4816  income housing-related activities:
 4817         (I) Project development impact and management fees for low
 4818  income or very-low-income housing projects;
 4819         (II) Down payment and closing costs for eligible persons,
 4820  as defined in s. 420.9071(19) and (28);
 4821         (III) Administrative costs, including housing counseling
 4822  and marketing fees, not to exceed 10 percent of the community
 4823  contribution, directly related to low-income or very-low-income
 4824  projects; and
 4825         (IV) Removal of liens recorded against residential property
 4826  by municipal, county, or special district local governments when
 4827  satisfaction of the lien is a necessary precedent to the
 4828  transfer of the property to an eligible person, as defined in s.
 4829  420.9071(19) and (28), for the purpose of promoting home
 4830  ownership. Contributions for lien removal must be received from
 4831  a nonrelated third party.
 4832         c. The project must be undertaken by an “eligible sponsor,”
 4833  which includes:
 4834         (I) A community action program;
 4835         (II) A nonprofit community-based development organization
 4836  whose mission is the provision of housing for low-income or
 4837  very-low-income households or increasing entrepreneurial and
 4838  job-development opportunities for low-income persons;
 4839         (III) A neighborhood housing services corporation;
 4840         (IV) A local housing authority created under chapter 421;
 4841         (V) A community redevelopment agency created under s.
 4842  163.356;
 4843         (VI) The Florida Industrial Development Corporation;
 4844         (VII) A historic preservation district agency or
 4845  organization;
 4846         (VIII) A regional workforce board;
 4847         (IX) A direct-support organization as provided in s.
 4848  1009.983;
 4849         (X) An enterprise zone development agency created under s.
 4850  290.0056;
 4851         (XI) A community-based organization incorporated under
 4852  chapter 617 which is recognized as educational, charitable, or
 4853  scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
 4854  and whose bylaws and articles of incorporation include
 4855  affordable housing, economic development, or community
 4856  development as the primary mission of the corporation;
 4857         (XII) Units of local government;
 4858         (XIII) Units of state government; or
 4859         (XIV) Any other agency that Jobs Florida the Office of
 4860  Tourism, Trade, and Economic Development designates by rule.
 4861  
 4862  In no event may a contributing person have a financial interest
 4863  in the eligible sponsor.
 4864         d. The project must be located in an area designated an
 4865  enterprise zone or a Front Porch Florida Community pursuant to
 4866  s. 20.18(6), unless the project increases access to high-speed
 4867  broadband capability for rural communities with enterprise zones
 4868  but is physically located outside the designated rural zone
 4869  boundaries. Any project designed to construct or rehabilitate
 4870  housing for low-income or very-low-income households as defined
 4871  in s. 420.9071(19) and (28) is exempt from the area requirement
 4872  of this sub-subparagraph.
 4873         e.(I) If, during the first 10 business days of the state
 4874  fiscal year, eligible tax credit applications for projects that
 4875  provide homeownership opportunities for low-income or very-low
 4876  income households as defined in s. 420.9071(19) and (28) are
 4877  received for less than the annual tax credits available for
 4878  those projects, Jobs Florida the Office of Tourism, Trade, and
 4879  Economic Development shall grant tax credits for those
 4880  applications and shall grant remaining tax credits on a first
 4881  come, first-served basis for any subsequent eligible
 4882  applications received before the end of the state fiscal year.
 4883  If, during the first 10 business days of the state fiscal year,
 4884  eligible tax credit applications for projects that provide
 4885  homeownership opportunities for low-income or very-low-income
 4886  households as defined in s. 420.9071(19) and (28) are received
 4887  for more than the annual tax credits available for those
 4888  projects, Jobs Florida the office shall grant the tax credits
 4889  for those applications as follows:
 4890         (A) If tax credit applications submitted for approved
 4891  projects of an eligible sponsor do not exceed $200,000 in total,
 4892  the credits shall be granted in full if the tax credit
 4893  applications are approved.
 4894         (B) If tax credit applications submitted for approved
 4895  projects of an eligible sponsor exceed $200,000 in total, the
 4896  amount of tax credits granted pursuant to sub-sub-sub
 4897  subparagraph (A) shall be subtracted from the amount of
 4898  available tax credits, and the remaining credits shall be
 4899  granted to each approved tax credit application on a pro rata
 4900  basis.
 4901         (II) If, during the first 10 business days of the state
 4902  fiscal year, eligible tax credit applications for projects other
 4903  than those that provide homeownership opportunities for low
 4904  income or very-low-income households as defined in s.
 4905  420.9071(19) and (28) are received for less than the annual tax
 4906  credits available for those projects, Jobs Florida the office
 4907  shall grant tax credits for those applications and shall grant
 4908  remaining tax credits on a first-come, first-served basis for
 4909  any subsequent eligible applications received before the end of
 4910  the state fiscal year. If, during the first 10 business days of
 4911  the state fiscal year, eligible tax credit applications for
 4912  projects other than those that provide homeownership
 4913  opportunities for low-income or very-low-income households as
 4914  defined in s. 420.9071(19) and (28) are received for more than
 4915  the annual tax credits available for those projects, the office
 4916  shall grant the tax credits for those applications on a pro rata
 4917  basis.
 4918         3. Application requirements.—
 4919         a. Any eligible sponsor seeking to participate in this
 4920  program must submit a proposal to Jobs Florida the Office of
 4921  Tourism, Trade, and Economic Development which sets forth the
 4922  name of the sponsor, a description of the project, and the area
 4923  in which the project is located, together with such supporting
 4924  information as is prescribed by rule. The proposal must also
 4925  contain a resolution from the local governmental unit in which
 4926  the project is located certifying that the project is consistent
 4927  with local plans and regulations.
 4928         b. Any person seeking to participate in this program must
 4929  submit an application for tax credit to Jobs Florida the office
 4930  which sets forth the name of the sponsor, a description of the
 4931  project, and the type, value, and purpose of the contribution.
 4932  The sponsor shall verify the terms of the application and
 4933  indicate its receipt of the contribution, which verification
 4934  must be in writing and accompany the application for tax credit.
 4935  The person must submit a separate tax credit application to Jobs
 4936  Florida the office for each individual contribution that it
 4937  makes to each individual project.
 4938         c. Any person who has received notification from Jobs
 4939  Florida the office that a tax credit has been approved must
 4940  apply to the department to receive the refund. Application must
 4941  be made on the form prescribed for claiming refunds of sales and
 4942  use taxes and be accompanied by a copy of the notification. A
 4943  person may submit only one application for refund to the
 4944  department within any 12-month period.
 4945         4. Administration.—
 4946         a. Jobs Florida The Office of Tourism, Trade, and Economic
 4947  Development may adopt rules pursuant to ss. 120.536(1) and
 4948  120.54 necessary to administer this paragraph, including rules
 4949  for the approval or disapproval of proposals by a person.
 4950         b. The decision of Jobs Florida the office must be in
 4951  writing, and, if approved, the notification shall state the
 4952  maximum credit allowable to the person. Upon approval, Jobs
 4953  Florida the office shall transmit a copy of the decision to the
 4954  Department of Revenue.
 4955         c. Jobs Florida The office shall periodically monitor all
 4956  projects in a manner consistent with available resources to
 4957  ensure that resources are used in accordance with this
 4958  paragraph; however, each project must be reviewed at least once
 4959  every 2 years.
 4960         d. Jobs Florida The office shall, in consultation with the
 4961  Department of Community Affairs and the statewide and regional
 4962  housing and financial intermediaries, market the availability of
 4963  the community contribution tax credit program to community-based
 4964  organizations.
 4965         5. Expiration.—This paragraph expires June 30, 2015;
 4966  however, any accrued credit carryover that is unused on that
 4967  date may be used until the expiration of the 3-year carryover
 4968  period for such credit.
 4969         Section 73. Paragraph (d) of subsection (1) of section
 4970  212.096, Florida Statutes, is amended to read:
 4971         212.096 Sales, rental, storage, use tax; enterprise zone
 4972  jobs credit against sales tax.—
 4973         (1) For the purposes of the credit provided in this
 4974  section:
 4975         (d) “Job” means a full-time position, as consistent with
 4976  terms used by Jobs Florida the Agency for Workforce Innovation
 4977  and the United States Department of Labor for purposes of
 4978  unemployment compensation tax administration and employment
 4979  estimation resulting directly from a business operation in this
 4980  state. This term may not include a temporary construction job
 4981  involved with the construction of facilities or any job that has
 4982  previously been included in any application for tax credits
 4983  under s. 220.181(1). The term also includes employment of an
 4984  employee leased from an employee leasing company licensed under
 4985  chapter 468 if such employee has been continuously leased to the
 4986  employer for an average of at least 36 hours per week for more
 4987  than 6 months.
 4988  
 4989  A person shall be deemed to be employed if the person performs
 4990  duties in connection with the operations of the business on a
 4991  regular, full-time basis, provided the person is performing such
 4992  duties for an average of at least 36 hours per week each month.
 4993  The person must be performing such duties at a business site
 4994  located in the enterprise zone.
 4995         Section 74. Paragraphs (a) and (e) of subsection (1) and
 4996  subsections (6), (7), and (10) of section 212.097, Florida
 4997  Statutes, are amended to read:
 4998         212.097 Urban High-Crime Area Job Tax Credit Program.—
 4999         (1) As used in this section, the term:
 5000         (a) “Eligible business” means any sole proprietorship,
 5001  firm, partnership, or corporation that is located in a qualified
 5002  county and is predominantly engaged in, or is headquarters for a
 5003  business predominantly engaged in, activities usually provided
 5004  for consideration by firms classified within the following
 5005  standard industrial classifications: SIC 01-SIC 09 (agriculture,
 5006  forestry, and fishing); SIC 20-SIC 39 (manufacturing); SIC 52
 5007  SIC 57 and SIC 59 (retail); SIC 422 (public warehousing and
 5008  storage); SIC 70 (hotels and other lodging places); SIC 7391
 5009  (research and development); SIC 781 (motion picture production
 5010  and allied services); SIC 7992 (public golf courses); and SIC
 5011  7996 (amusement parks). A call center or similar customer
 5012  service operation that services a multistate market or
 5013  international market is also an eligible business. In addition,
 5014  Jobs Florida the Office of Tourism, Trade, and Economic
 5015  Development may, as part of its final budget request submitted
 5016  pursuant to s. 216.023, recommend additions to or deletions from
 5017  the list of standard industrial classifications used to
 5018  determine an eligible business, and the Legislature may
 5019  implement such recommendations. Excluded from eligible receipts
 5020  are receipts from retail sales, except such receipts for SIC 52
 5021  SIC 57 and SIC 59 (retail) hotels and other lodging places
 5022  classified in SIC 70, public golf courses in SIC 7992, and
 5023  amusement parks in SIC 7996. For purposes of this paragraph, the
 5024  term “predominantly” means that more than 50 percent of the
 5025  business’s gross receipts from all sources is generated by those
 5026  activities usually provided for consideration by firms in the
 5027  specified standard industrial classification. The determination
 5028  of whether the business is located in a qualified high-crime
 5029  area and the tier ranking of that area must be based on the date
 5030  of application for the credit under this section. Commonly owned
 5031  and controlled entities are to be considered a single business
 5032  entity.
 5033         (e) “Qualified high-crime area” means an area selected by
 5034  Jobs Florida the Office of Tourism, Trade, and Economic
 5035  Development in the following manner: every third year, Jobs
 5036  Florida the Office shall rank and tier those areas nominated
 5037  under subsection (7), according to the following prioritized
 5038  criteria:
 5039         1. Highest arrest rates within the geographic area for
 5040  violent crime and for such other crimes as drug sale, drug
 5041  possession, prostitution, vandalism, and civil disturbances;
 5042         2. Highest reported crime volume and rate of specific
 5043  property crimes such as business and residential burglary, motor
 5044  vehicle theft, and vandalism;
 5045         3. Highest percentage of reported index crimes that are
 5046  violent in nature;
 5047         4. Highest overall index crime volume for the area; and
 5048         5. Highest overall index crime rate for the geographic
 5049  area.
 5050  
 5051  Tier-one areas are ranked 1 through 5 and represent the highest
 5052  crime areas according to this ranking. Tier-two areas are ranked
 5053  6 through 10 according to this ranking. Tier-three areas are
 5054  ranked 11 through 15. Notwithstanding this definition,
 5055  “qualified high-crime area” also means an area that has been
 5056  designated as a federal Empowerment Zone pursuant to the
 5057  Taxpayer Relief Act of 1997. Such a designated area is ranked in
 5058  tier three until the areas are reevaluated by Jobs Florida the
 5059  Office of Tourism, Trade, and Economic Development.
 5060         (6) Any county or municipality, or a county and one or more
 5061  municipalities together, may apply to Jobs Florida the Office of
 5062  Tourism, Trade, and Economic Development for the designation of
 5063  an area as a high-crime area after the adoption by the governing
 5064  body or bodies of a resolution that:
 5065         (a) Finds that a high-crime area exists in such county or
 5066  municipality, or in both the county and one or more
 5067  municipalities, which chronically exhibits extreme and
 5068  unacceptable levels of poverty, unemployment, physical
 5069  deterioration, and economic disinvestment;
 5070         (b) Determines that the rehabilitation, conservation, or
 5071  redevelopment, or a combination thereof, of such a high-crime
 5072  area is necessary in the interest of the health, safety, and
 5073  welfare of the residents of such county or municipality, or such
 5074  county and one or more municipalities; and
 5075         (c) Determines that the revitalization of such a high-crime
 5076  area can occur if the public sector or private sector can be
 5077  induced to invest its own resources in productive enterprises
 5078  that build or rebuild the economic viability of the area.
 5079         (7) The governing body of the entity nominating the area
 5080  shall provide to Jobs Florida the Office of Tourism, Trade, and
 5081  Economic Development the following:
 5082         (a) The overall index crime rate for the geographic area;
 5083         (b) The overall index crime volume for the area;
 5084         (c) The percentage of reported index crimes that are
 5085  violent in nature;
 5086         (d) The reported crime volume and rate of specific property
 5087  crimes such as business and residential burglary, motor vehicle
 5088  theft, and vandalism; and
 5089         (e) The arrest rates within the geographic area for violent
 5090  crime and for such other crimes as drug sale, drug possession,
 5091  prostitution, disorderly conduct, vandalism, and other public
 5092  order offenses.
 5093         (10)(a) In order to claim this credit, an eligible business
 5094  must file under oath with Jobs Florida the Office of Tourism,
 5095  Trade, and Economic Development a statement that includes the
 5096  name and address of the eligible business and any other
 5097  information that is required to process the application.
 5098         (b) Applications shall be reviewed and certified pursuant
 5099  to s. 288.061.
 5100         (c) The maximum credit amount that may be approved during
 5101  any calendar year is $5 million, of which $1 million shall be
 5102  exclusively reserved for tier-one areas. The Department of
 5103  Revenue, in conjunction with Jobs Florida the Office of Tourism,
 5104  Trade, and Economic Development, shall notify the governing
 5105  bodies in areas designated as urban high-crime areas when the $5
 5106  million maximum amount has been reached. Applications must be
 5107  considered for approval in the order in which they are received
 5108  without regard to whether the credit is for a new or existing
 5109  business. This limitation applies to the value of the credit as
 5110  contained in approved applications. Approved credits may be
 5111  taken in the time and manner allowed pursuant to this section.
 5112         Section 75. Paragraphs (a) and (c) of subsection (1) and
 5113  subsections (6) and (7), of section 212.098, Florida Statutes,
 5114  are amended to read:
 5115         212.098 Rural Job Tax Credit Program.—
 5116         (1) As used in this section, the term:
 5117         (a) “Eligible business” means any sole proprietorship,
 5118  firm, partnership, or corporation that is located in a qualified
 5119  county and is predominantly engaged in, or is headquarters for a
 5120  business predominantly engaged in, activities usually provided
 5121  for consideration by firms classified within the following
 5122  standard industrial classifications: SIC 01-SIC 09 (agriculture,
 5123  forestry, and fishing); SIC 20-SIC 39 (manufacturing); SIC 422
 5124  (public warehousing and storage); SIC 70 (hotels and other
 5125  lodging places); SIC 7391 (research and development); SIC 781
 5126  (motion picture production and allied services); SIC 7992
 5127  (public golf courses); SIC 7996 (amusement parks); and a
 5128  targeted industry eligible for the qualified target industry
 5129  business tax refund under s. 288.106. A call center or similar
 5130  customer service operation that services a multistate market or
 5131  an international market is also an eligible business. In
 5132  addition, Jobs Florida the Office of Tourism, Trade, and
 5133  Economic Development may, as part of its final budget request
 5134  submitted pursuant to s. 216.023, recommend additions to or
 5135  deletions from the list of standard industrial classifications
 5136  used to determine an eligible business, and the Legislature may
 5137  implement such recommendations. Excluded from eligible receipts
 5138  are receipts from retail sales, except such receipts for hotels
 5139  and other lodging places classified in SIC 70, public golf
 5140  courses in SIC 7992, and amusement parks in SIC 7996. For
 5141  purposes of this paragraph, the term “predominantly” means that
 5142  more than 50 percent of the business’s gross receipts from all
 5143  sources is generated by those activities usually provided for
 5144  consideration by firms in the specified standard industrial
 5145  classification. The determination of whether the business is
 5146  located in a qualified county and the tier ranking of that
 5147  county must be based on the date of application for the credit
 5148  under this section. Commonly owned and controlled entities are
 5149  to be considered a single business entity.
 5150         (c) “Qualified area” means any area that is contained
 5151  within a rural area of critical economic concern designated
 5152  under s. 288.0656, a county that has a population of fewer than
 5153  75,000 persons, or a county that has a population of 125,000 or
 5154  less and is contiguous to a county that has a population of less
 5155  than 75,000, selected in the following manner: every third year,
 5156  Jobs Florida the Office of Tourism, Trade, and Economic
 5157  Development shall rank and tier the state’s counties according
 5158  to the following four factors:
 5159         1. Highest unemployment rate for the most recent 36-month
 5160  period.
 5161         2. Lowest per capita income for the most recent 36-month
 5162  period.
 5163         3. Highest percentage of residents whose incomes are below
 5164  the poverty level, based upon the most recent data available.
 5165         4. Average weekly manufacturing wage, based upon the most
 5166  recent data available.
 5167         (6)(a) In order to claim this credit, an eligible business
 5168  must file under oath with Jobs Florida the Office of Tourism,
 5169  Trade, and Economic Development a statement that includes the
 5170  name and address of the eligible business, the starting salary
 5171  or hourly wages paid to the new employee, and any other
 5172  information that the Department of Revenue requires.
 5173         (b) Within 30 working days after receipt of an application
 5174  for credit, Jobs Florida the Office of Tourism, Trade, and
 5175  Economic Development shall review the application to determine
 5176  whether it contains all the information required by this
 5177  subsection and meets the criteria set out in this section.
 5178  Subject to the provisions of paragraph (c), Jobs Florida the
 5179  Office of Tourism, Trade, and Economic Development shall approve
 5180  all applications that contain the information required by this
 5181  subsection and meet the criteria set out in this section as
 5182  eligible to receive a credit.
 5183         (c) The maximum credit amount that may be approved during
 5184  any calendar year is $5 million. The Department of Revenue, in
 5185  conjunction with Jobs Florida the Office of Tourism, Trade, and
 5186  Economic Development, shall notify the governing bodies in areas
 5187  designated as qualified counties when the $5 million maximum
 5188  amount has been reached. Applications must be considered for
 5189  approval in the order in which they are received without regard
 5190  to whether the credit is for a new or existing business. This
 5191  limitation applies to the value of the credit as contained in
 5192  approved applications. Approved credits may be taken in the time
 5193  and manner allowed pursuant to this section.
 5194         (d) A business may not receive more than $500,000 of tax
 5195  credits under this section during any one calendar year.
 5196         (7) If the application is insufficient to support the
 5197  credit authorized in this section, Jobs Florida the Office of
 5198  Tourism, Trade, and Economic Development shall deny the credit
 5199  and notify the business of that fact. The business may reapply
 5200  for this credit within 3 months after such notification.
 5201         Section 76. Paragraph (d) of subsection (6) of section
 5202  212.20, Florida Statutes, is amended to read:
 5203         212.20 Funds collected, disposition; additional powers of
 5204  department; operational expense; refund of taxes adjudicated
 5205  unconstitutionally collected.—
 5206         (6) Distribution of all proceeds under this chapter and s.
 5207  202.18(1)(b) and (2)(b) shall be as follows:
 5208         (d) The proceeds of all other taxes and fees imposed
 5209  pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
 5210  and (2)(b) shall be distributed as follows:
 5211         1. In any fiscal year, the greater of $500 million, minus
 5212  an amount equal to 4.6 percent of the proceeds of the taxes
 5213  collected pursuant to chapter 201, or 5.2 percent of all other
 5214  taxes and fees imposed pursuant to this chapter or remitted
 5215  pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
 5216  monthly installments into the General Revenue Fund.
 5217         2. After the distribution under subparagraph 1., 8.814
 5218  percent of the amount remitted by a sales tax dealer located
 5219  within a participating county pursuant to s. 218.61 shall be
 5220  transferred into the Local Government Half-cent Sales Tax
 5221  Clearing Trust Fund. Beginning July 1, 2003, the amount to be
 5222  transferred shall be reduced by 0.1 percent, and the department
 5223  shall distribute this amount to the Public Employees Relations
 5224  Commission Trust Fund less $5,000 each month, which shall be
 5225  added to the amount calculated in subparagraph 3. and
 5226  distributed accordingly.
 5227         3. After the distribution under subparagraphs 1. and 2.,
 5228  0.095 percent shall be transferred to the Local Government Half
 5229  cent Sales Tax Clearing Trust Fund and distributed pursuant to
 5230  s. 218.65.
 5231         4. After the distributions under subparagraphs 1., 2., and
 5232  3., 2.0440 percent of the available proceeds shall be
 5233  transferred monthly to the Revenue Sharing Trust Fund for
 5234  Counties pursuant to s. 218.215.
 5235         5. After the distributions under subparagraphs 1., 2., and
 5236  3., 1.3409 percent of the available proceeds shall be
 5237  transferred monthly to the Revenue Sharing Trust Fund for
 5238  Municipalities pursuant to s. 218.215. If the total revenue to
 5239  be distributed pursuant to this subparagraph is at least as
 5240  great as the amount due from the Revenue Sharing Trust Fund for
 5241  Municipalities and the former Municipal Financial Assistance
 5242  Trust Fund in state fiscal year 1999-2000, no municipality shall
 5243  receive less than the amount due from the Revenue Sharing Trust
 5244  Fund for Municipalities and the former Municipal Financial
 5245  Assistance Trust Fund in state fiscal year 1999-2000. If the
 5246  total proceeds to be distributed are less than the amount
 5247  received in combination from the Revenue Sharing Trust Fund for
 5248  Municipalities and the former Municipal Financial Assistance
 5249  Trust Fund in state fiscal year 1999-2000, each municipality
 5250  shall receive an amount proportionate to the amount it was due
 5251  in state fiscal year 1999-2000.
 5252         6. Of the remaining proceeds:
 5253         a. In each fiscal year, the sum of $29,915,500 shall be
 5254  divided into as many equal parts as there are counties in the
 5255  state, and one part shall be distributed to each county. The
 5256  distribution among the several counties must begin each fiscal
 5257  year on or before January 5th and continue monthly for a total
 5258  of 4 months. If a local or special law required that any moneys
 5259  accruing to a county in fiscal year 1999-2000 under the then
 5260  existing provisions of s. 550.135 be paid directly to the
 5261  district school board, special district, or a municipal
 5262  government, such payment must continue until the local or
 5263  special law is amended or repealed. The state covenants with
 5264  holders of bonds or other instruments of indebtedness issued by
 5265  local governments, special districts, or district school boards
 5266  before July 1, 2000, that it is not the intent of this
 5267  subparagraph to adversely affect the rights of those holders or
 5268  relieve local governments, special districts, or district school
 5269  boards of the duty to meet their obligations as a result of
 5270  previous pledges or assignments or trusts entered into which
 5271  obligated funds received from the distribution to county
 5272  governments under then-existing s. 550.135. This distribution
 5273  specifically is in lieu of funds distributed under s. 550.135
 5274  before July 1, 2000.
 5275         b. The department shall distribute $166,667 monthly
 5276  pursuant to s. 288.1162 to each applicant certified as a
 5277  facility for a new or retained professional sports franchise
 5278  pursuant to s. 288.1162. Up to $41,667 shall be distributed
 5279  monthly by the department to each certified applicant as defined
 5280  in s. 288.11621 for a facility for a spring training franchise.
 5281  However, not more than $416,670 may be distributed monthly in
 5282  the aggregate to all certified applicants for facilities for
 5283  spring training franchises. Distributions begin 60 days after
 5284  such certification and continue for not more than 30 years,
 5285  except as otherwise provided in s. 288.11621. A certified
 5286  applicant identified in this sub-subparagraph may not receive
 5287  more in distributions than expended by the applicant for the
 5288  public purposes provided for in s. 288.1162(5) or s.
 5289  288.11621(3).
 5290         c. Beginning 30 days after notice by Jobs Florida the
 5291  Office of Tourism, Trade, and Economic Development to the
 5292  Department of Revenue that an applicant has been certified as
 5293  the professional golf hall of fame pursuant to s. 288.1168 and
 5294  is open to the public, $166,667 shall be distributed monthly,
 5295  for up to 300 months, to the applicant.
 5296         d. Beginning 30 days after notice by Jobs Florida the
 5297  Office of Tourism, Trade, and Economic Development to the
 5298  Department of Revenue that the applicant has been certified as
 5299  the International Game Fish Association World Center facility
 5300  pursuant to s. 288.1169, and the facility is open to the public,
 5301  $83,333 shall be distributed monthly, for up to 168 months, to
 5302  the applicant. This distribution is subject to reduction
 5303  pursuant to s. 288.1169. A lump sum payment of $999,996 shall be
 5304  made, after certification and before July 1, 2000.
 5305         7. All other proceeds must remain in the General Revenue
 5306  Fund.
 5307         Section 77. Subsection (4), paragraph (a) of subsection
 5308  (7), paragraphs (k) through (cc) of subsection (8), and
 5309  subsections (19), (20), and (21) of section 213.053, Florida
 5310  Statutes, as amended by chapter 2010-280, Laws of Florida, are
 5311  amended, to read:
 5312         213.053 Confidentiality and information sharing.—
 5313         (4) The department, while providing unemployment tax
 5314  collection services under contract with Jobs Florida the Agency
 5315  for Workforce Innovation through an interagency agreement
 5316  pursuant to s. 443.1316, may release unemployment tax rate
 5317  information to the agent of an employer, which agent provides
 5318  payroll services for more than 100 500 employers, pursuant to
 5319  the terms of a memorandum of understanding. The memorandum of
 5320  understanding must state that the agent affirms, subject to the
 5321  criminal penalties contained in ss. 443.171 and 443.1715, that
 5322  the agent will retain the confidentiality of the information,
 5323  that the agent has in effect a power of attorney from the
 5324  employer which permits the agent to obtain unemployment tax rate
 5325  information, and that the agent shall provide the department
 5326  with a copy of the employer’s power of attorney upon request.
 5327         (7)(a) Any information received by the Department of
 5328  Revenue in connection with the administration of taxes,
 5329  including, but not limited to, information contained in returns,
 5330  reports, accounts, or declarations filed by persons subject to
 5331  tax, shall be made available to the following in performance of
 5332  their official duties:
 5333         1. The Auditor General or his or her authorized agent;
 5334         2. The director of the Office of Program Policy Analysis
 5335  and Government Accountability or his or her authorized agent;
 5336         3. The Chief Financial Officer or his or her authorized
 5337  agent;
 5338         4. The Director of the Office of Insurance Regulation of
 5339  the Financial Services Commission or his or her authorized
 5340  agent;
 5341         5. A property appraiser or tax collector or their
 5342  authorized agents pursuant to s. 195.084(1); or
 5343         6. Designated employees of the Department of Education
 5344  solely for determination of each school district’s price level
 5345  index pursuant to s. 1011.62(2); and
 5346         7. The commissioner of Jobs Florida or his or her
 5347  authorized agent.
 5348         (8) Notwithstanding any other provision of this section,
 5349  the department may provide:
 5350         (k)1. Payment information relative to chapters 199, 201,
 5351  202, 212, 220, 221, and 624 to the Office of Tourism, Trade, and
 5352  Economic Development, or its employees or agents that are
 5353  identified in writing by the office to the department, in the
 5354  administration of the tax refund program for qualified defense
 5355  contractors and space flight business contractors authorized by
 5356  s. 288.1045 and the tax refund program for qualified target
 5357  industry businesses authorized by s. 288.106.
 5358         2. Information relative to tax credits taken by a business
 5359  under s. 220.191 and exemptions or tax refunds received by a
 5360  business under s. 212.08(5)(j) to the Office of Tourism, Trade,
 5361  and Economic Development, or its employees or agents that are
 5362  identified in writing by to the department, in the
 5363  administration and evaluation of the capital investment tax
 5364  credit program authorized in s. 220.191 and the semiconductor,
 5365  defense, and space tax exemption program authorized in s.
 5366  212.08(5)(j).
 5367         3. Information relative to tax credits taken by a taxpayer
 5368  pursuant to the tax credit programs created in ss. 193.017;
 5369  212.08(5)(g),(h),(n),(o) and (p); 212.08(15); 212.096; 212.097;
 5370  212.098; 220.181; 220.182; 220.183; 220.184; 220.1845; 220.185;
 5371  220.1895; 220.19; 220.191; 220.192; 220.193; 288.0656; 288.99;
 5372  290.007; 376.30781; 420.5093; 420.5099; 550.0951; 550.26352;
 5373  550.2704; 601.155; 624.509; 624.510; 624.5105; and 624.5107 to
 5374  the Office of Tourism, Trade, and Economic Development, or its
 5375  employees or agents that are identified in writing by the office
 5376  to the department, for use in the administration or evaluation
 5377  of such programs.
 5378         (k)(l) Information relative to chapter 212 and the Bill of
 5379  Lading Program to the Office of Agriculture Law Enforcement of
 5380  the Department of Agriculture and Consumer Services in the
 5381  conduct of its official duties.
 5382         (l)(m) Information relative to chapter 198 to the Agency
 5383  for Health Care Administration in the conduct of its official
 5384  business relating to ss. 409.901-409.9101.
 5385         (m)(n) Information contained in returns, reports, accounts,
 5386  or declarations to the Board of Accountancy in connection with a
 5387  disciplinary proceeding conducted pursuant to chapter 473 when
 5388  related to a certified public accountant participating in the
 5389  certified audits project, or to the court in connection with a
 5390  civil proceeding brought by the department relating to a claim
 5391  for recovery of taxes due to negligence on the part of a
 5392  certified public accountant participating in the certified
 5393  audits project. In any judicial proceeding brought by the
 5394  department, upon motion for protective order, the court shall
 5395  limit disclosure of tax information when necessary to effectuate
 5396  the purposes of this section.
 5397         (n)(o) Information relative to ss. 376.70 and 376.75 to the
 5398  Department of Environmental Protection in the conduct of its
 5399  official business and to the facility owner, facility operator,
 5400  and real property owners as defined in s. 376.301.
 5401         (o)(p) Information relative to ss. 220.1845 and 376.30781
 5402  to the Department of Environmental Protection in the conduct of
 5403  its official business.
 5404         (p)(q) Names, addresses, and sales tax registration
 5405  information to the Division of Consumer Services of the
 5406  Department of Agriculture and Consumer Services in the conduct
 5407  of its official duties.
 5408         (q)(r) Information relative to the returns required by ss.
 5409  175.111 and 185.09 to the Department of Management Services in
 5410  the conduct of its official duties. The Department of Management
 5411  Services is, in turn, authorized to disclose payment information
 5412  to a governmental agency or the agency’s agent for purposes
 5413  related to budget preparation, auditing, revenue or financial
 5414  administration, or administration of chapters 175 and 185.
 5415         (r)(s) Names, addresses, and federal employer
 5416  identification numbers, or similar identifiers, to the
 5417  Department of Highway Safety and Motor Vehicles for use in the
 5418  conduct of its official duties.
 5419         (s)(t) Information relative to the tax exemptions under ss.
 5420  212.031, 212.06, and 212.08 for those persons qualified under s.
 5421  288.1258 to the Office of Film and Entertainment. The Department
 5422  of Revenue shall provide the Office of Film and Entertainment
 5423  with information in the aggregate.
 5424         (t)(u) Information relative to ss. 211.0251, 212.1831,
 5425  220.1875, 561.1211, 624.51055, and 1002.395 to the Department of
 5426  Education and the Division of Alcoholic Beverages and Tobacco in
 5427  the conduct of official business.
 5428         (u)(v) Information relative to chapter 202 to each local
 5429  government that imposes a tax pursuant to s. 202.19 in the
 5430  conduct of its official duties as specified in chapter 202.
 5431  Information provided under this paragraph may include, but is
 5432  not limited to, any reports required pursuant to s. 202.231,
 5433  audit files, notices of intent to audit, tax returns, and other
 5434  confidential tax information in the department’s possession
 5435  relating to chapter 202. A person or an entity designated by the
 5436  local government in writing to the department as requiring
 5437  access to confidential taxpayer information shall have
 5438  reasonable access to information provided pursuant to this
 5439  paragraph. Such person or entity may disclose such information
 5440  to other persons or entities with direct responsibility for
 5441  budget preparation, auditing, revenue or financial
 5442  administration, or legal counsel. Such information shall only be
 5443  used for purposes related to budget preparation, auditing, and
 5444  revenue and financial administration. Any confidential and
 5445  exempt information furnished to a local government, or to any
 5446  person or entity designated by the local government as
 5447  authorized by this paragraph may not be further disclosed by the
 5448  recipient except as provided by this paragraph.
 5449         (w) Tax registration information to the Agency for
 5450  Workforce Innovation for use in the conduct of its official
 5451  duties, which information may not be redisclosed by the Agency
 5452  for Workforce Innovation.
 5453         (v)(x) Rental car surcharge revenues authorized by s.
 5454  212.0606, reported according to the county to which the
 5455  surcharge was attributed to the Department of Transportation.
 5456         (w)(y) Information relative to ss. 212.08(7)(ccc) and
 5457  220.192 to the Florida Energy and Climate Commission for use in
 5458  the conduct of its official business.
 5459         (x)(z) Taxpayer names and identification numbers for the
 5460  purposes of information-sharing agreements with financial
 5461  institutions pursuant to s. 213.0532.
 5462         (y)(aa) Information relative to chapter 212 to the
 5463  Department of Environmental Protection in the conduct of its
 5464  official duties in the administration of s. 253.03(7)(b) and
 5465  (11).
 5466         (bb)Information relative to tax credits taken under s.
 5467  288.1254 to the Office of Film and Entertainment and the Office
 5468  of Tourism, Trade, and Economic Development.
 5469         (z)(cc) Information relative to ss. 253.03(8) and 253.0325
 5470  to the Department of Environmental Protection in the conduct of
 5471  its official business.
 5472  
 5473  Disclosure of information under this subsection shall be
 5474  pursuant to a written agreement between the executive director
 5475  and the agency. Such agencies, governmental or nongovernmental,
 5476  shall be bound by the same requirements of confidentiality as
 5477  the Department of Revenue. Breach of confidentiality is a
 5478  misdemeanor of the first degree, punishable as provided by s.
 5479  775.082 or s. 775.083.
 5480         (19)The department may disclose information relative to
 5481  tax credits taken by a taxpayer pursuant to s. 288.9916 to the
 5482  Office of Tourism, Trade, and Economic Development or its
 5483  employees or agents. Such employees must be identified in
 5484  writing by the office to the department. All information
 5485  disclosed under this subsection is subject to the same
 5486  requirements of confidentiality and the same penalties for
 5487  violation of the requirements as the department.
 5488         (19)(20)(a) The department may publish a list of taxpayers
 5489  against whom the department has filed a warrant, notice of lien,
 5490  or judgment lien certificate. The list may include the name and
 5491  address of each taxpayer; the amounts and types of delinquent
 5492  taxes, fees, or surcharges, penalties, or interest; and the
 5493  employer identification number or other taxpayer identification
 5494  number.
 5495         (b) The department shall update the list at least monthly
 5496  to reflect payments for resolution of deficiencies and to
 5497  otherwise add or remove taxpayers from the list.
 5498         (c) The department may adopt rules to administer this
 5499  subsection.
 5500         (20)(21) The department may disclose information relating
 5501  to taxpayers against whom the department has filed a warrant,
 5502  notice of lien, or judgment lien certificate. Such information
 5503  includes the name and address of the taxpayer, the actions
 5504  taken, the amounts and types of liabilities, and the amount of
 5505  any collections made.
 5506         Section 78. Paragraph (j) of subsection (4) of section
 5507  215.5586, Florida Statutes, is amended to read:
 5508         215.5586 My Safe Florida Home Program.—There is established
 5509  within the Department of Financial Services the My Safe Florida
 5510  Home Program. The department shall provide fiscal
 5511  accountability, contract management, and strategic leadership
 5512  for the program, consistent with this section. This section does
 5513  not create an entitlement for property owners or obligate the
 5514  state in any way to fund the inspection or retrofitting of
 5515  residential property in this state. Implementation of this
 5516  program is subject to annual legislative appropriations. It is
 5517  the intent of the Legislature that the My Safe Florida Home
 5518  Program provide trained and certified inspectors to perform
 5519  inspections for owners of site-built, single-family, residential
 5520  properties and grants to eligible applicants as funding allows.
 5521  The program shall develop and implement a comprehensive and
 5522  coordinated approach for hurricane damage mitigation that may
 5523  include the following:
 5524         (4) ADVISORY COUNCIL.—There is created an advisory council
 5525  to provide advice and assistance to the department regarding
 5526  administration of the program. The advisory council shall
 5527  consist of:
 5528         (j) The director of the Office Florida Division of
 5529  Emergency Management.
 5530  
 5531  Members appointed under paragraphs (a)-(d) shall serve at the
 5532  pleasure of the Financial Services Commission. Members appointed
 5533  under paragraphs (e) and (f) shall serve at the pleasure of the
 5534  appointing officer. All other members shall serve as voting ex
 5535  officio members. Members of the advisory council shall serve
 5536  without compensation but may receive reimbursement as provided
 5537  in s. 112.061 for per diem and travel expenses incurred in the
 5538  performance of their official duties.
 5539         Section 79. Paragraph (b) of subsection (8) of section
 5540  216.136, Florida Statutes, is amended to read:
 5541         216.136 Consensus estimating conferences; duties and
 5542  principals.—
 5543         (8) EARLY LEARNING PROGRAMS ESTIMATING CONFERENCE.—
 5544         (b) The Department of Education Agency for Workforce
 5545  Innovation shall provide information on needs and waiting lists
 5546  for school readiness programs, and information on the needs for
 5547  the Voluntary Prekindergarten Education Program, as requested by
 5548  the Early Learning Programs Estimating Conference or individual
 5549  conference principals in a timely manner.
 5550         Section 80. Paragraph (a) of subsection (6) of section
 5551  216.292, Florida Statutes, is amended to read:
 5552         216.292 Appropriations nontransferable; exceptions.—
 5553         (6) The Chief Financial Officer shall transfer from any
 5554  available funds of an agency or the judicial branch the
 5555  following amounts and shall report all such transfers and the
 5556  reasons therefor to the legislative appropriations committees
 5557  and the Executive Office of the Governor:
 5558         (a) The amount due to the Unemployment Compensation Trust
 5559  Fund which is more than 90 days delinquent on reimbursements due
 5560  to the Unemployment Compensation Trust Fund. The amount
 5561  transferred shall be that certified by the state agency
 5562  providing unemployment tax collection services under contract
 5563  with Jobs Florida the Agency for Workforce Innovation through an
 5564  interagency agreement pursuant to s. 443.1316.
 5565         Section 81. Subsection (1) of section 216.231, Florida
 5566  Statutes, is amended to read:
 5567         216.231 Release of certain classified appropriations.—
 5568         (1)(a) Any appropriation to the Executive Office of the
 5569  Governor which is classified as an emergency, as defined in s.
 5570  252.34(3), may be released only with the approval of the
 5571  Governor. The state agency, or the judicial branch, desiring the
 5572  use of the emergency appropriation shall submit to the Executive
 5573  Office of the Governor application therefor in writing setting
 5574  forth the facts from which the alleged need arises. The
 5575  Executive Office of the Governor shall, at a public hearing,
 5576  review such application promptly and approve or disapprove the
 5577  applications as the circumstances may warrant. All actions of
 5578  the Executive Office of the Governor shall be reported to the
 5579  legislative appropriations committees, and the committees may
 5580  advise the Executive Office of the Governor relative to the
 5581  release of such funds.
 5582         (b) The release of appropriated funds classified as
 5583  “emergency” shall be approved only if when an act or
 5584  circumstance caused by an act of God, civil disturbance, natural
 5585  disaster, or other circumstance of an emergency nature
 5586  threatens, endangers, or damages the property, safety, health,
 5587  or welfare of the state or its residents citizens, which
 5588  condition has not been provided for in appropriation acts of the
 5589  Legislature. Funds allocated for this purpose may be used to pay
 5590  overtime pay to personnel of agencies called upon to perform
 5591  extra duty because of any civil disturbance or other emergency
 5592  as defined in s. 252.34(3) and to provide the required state
 5593  match for federal grants under the federal Disaster Relief Act.
 5594         Section 82. Paragraph (a) of subsection (3) of section
 5595  218.64, Florida Statutes, is amended to read:
 5596         218.64 Local government half-cent sales tax; uses;
 5597  limitations.—
 5598         (3) Subject to ordinances enacted by the majority of the
 5599  members of the county governing authority and by the majority of
 5600  the members of the governing authorities of municipalities
 5601  representing at least 50 percent of the municipal population of
 5602  such county, counties may use up to $2 million annually of the
 5603  local government half-cent sales tax allocated to that county
 5604  for funding for any of the following applicants:
 5605         (a) A certified applicant as a facility for a new or
 5606  retained professional sports franchise under s. 288.1162 or a
 5607  certified applicant as defined in s. 288.11621 for a facility
 5608  for a spring training franchise. It is the Legislature’s intent
 5609  that the provisions of s. 288.1162, including, but not limited
 5610  to, the evaluation process by the Office of Tourism, Trade, and
 5611  Economic Development except for the limitation on the number of
 5612  certified applicants or facilities as provided in that section
 5613  and the restrictions set forth in s. 288.1162(8), shall apply to
 5614  an applicant’s facility to be funded by local government as
 5615  provided in this subsection.
 5616         Section 83. Paragraph (ff) of subsection (1) of section
 5617  220.03, Florida Statutes, is amended to read:
 5618         220.03 Definitions.—
 5619         (1) SPECIFIC TERMS.—When used in this code, and when not
 5620  otherwise distinctly expressed or manifestly incompatible with
 5621  the intent thereof, the following terms shall have the following
 5622  meanings:
 5623         (ff) “Job” means a full-time position, as consistent with
 5624  terms used by Jobs Florida the Agency for Workforce Innovation
 5625  and the United States Department of Labor for purposes of
 5626  unemployment compensation tax administration and employment
 5627  estimation resulting directly from business operations in this
 5628  state. The term may not include a temporary construction job
 5629  involved with the construction of facilities or any job that has
 5630  previously been included in any application for tax credits
 5631  under s. 212.096. The term also includes employment of an
 5632  employee leased from an employee leasing company licensed under
 5633  chapter 468 if the employee has been continuously leased to the
 5634  employer for an average of at least 36 hours per week for more
 5635  than 6 months.
 5636         Section 84. Paragraph (d) of subsection (1), paragraphs
 5637  (b), (c), and (d) of subsection (2), and subsections (3), and
 5638  (4) of section 220.183, Florida Statutes, are amended to read:
 5639         220.183 Community contribution tax credit.—
 5640         (1) AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX
 5641  CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM
 5642  SPENDING.—
 5643         (d) All proposals for the granting of the tax credit shall
 5644  require the prior approval of Jobs Florida the Office of
 5645  Tourism, Trade, and Economic Development.
 5646         (2) ELIGIBILITY REQUIREMENTS.—
 5647         (b)1. All community contributions must be reserved
 5648  exclusively for use in projects as defined in s. 220.03(1)(t).
 5649         2. If, during the first 10 business days of the state
 5650  fiscal year, eligible tax credit applications for projects that
 5651  provide homeownership opportunities for low-income or very-low
 5652  income households as defined in s. 420.9071(19) and (28) are
 5653  received for less than the annual tax credits available for
 5654  those projects, Jobs Florida the Office of Tourism, Trade, and
 5655  Economic Development shall grant tax credits for those
 5656  applications and shall grant remaining tax credits on a first
 5657  come, first-served basis for any subsequent eligible
 5658  applications received before the end of the state fiscal year.
 5659  If, during the first 10 business days of the state fiscal year,
 5660  eligible tax credit applications for projects that provide
 5661  homeownership opportunities for low-income or very-low-income
 5662  households as defined in s. 420.9071(19) and (28) are received
 5663  for more than the annual tax credits available for those
 5664  projects, the office shall grant the tax credits for those
 5665  applications as follows:
 5666         a. If tax credit applications submitted for approved
 5667  projects of an eligible sponsor do not exceed $200,000 in total,
 5668  the credit shall be granted in full if the tax credit
 5669  applications are approved.
 5670         b. If tax credit applications submitted for approved
 5671  projects of an eligible sponsor exceed $200,000 in total, the
 5672  amount of tax credits granted under sub-subparagraph a. shall be
 5673  subtracted from the amount of available tax credits, and the
 5674  remaining credits shall be granted to each approved tax credit
 5675  application on a pro rata basis.
 5676         3. If, during the first 10 business days of the state
 5677  fiscal year, eligible tax credit applications for projects other
 5678  than those that provide homeownership opportunities for low
 5679  income or very-low-income households as defined in s.
 5680  420.9071(19) and (28) are received for less than the annual tax
 5681  credits available for those projects, the office shall grant tax
 5682  credits for those applications and shall grant remaining tax
 5683  credits on a first-come, first-served basis for any subsequent
 5684  eligible applications received before the end of the state
 5685  fiscal year. If, during the first 10 business days of the state
 5686  fiscal year, eligible tax credit applications for projects other
 5687  than those that provide homeownership opportunities for low
 5688  income or very-low-income households as defined in s.
 5689  420.9071(19) and (28) are received for more than the annual tax
 5690  credits available for those projects, the office shall grant the
 5691  tax credits for those applications on a pro rata basis.
 5692         (c) The project must be undertaken by an “eligible
 5693  sponsor,” defined here as:
 5694         1. A community action program;
 5695         2. A nonprofit community-based development organization
 5696  whose mission is the provision of housing for low-income or
 5697  very-low-income households or increasing entrepreneurial and
 5698  job-development opportunities for low-income persons;
 5699         3. A neighborhood housing services corporation;
 5700         4. A local housing authority, created pursuant to chapter
 5701  421;
 5702         5. A community redevelopment agency, created pursuant to s.
 5703  163.356;
 5704         6. The Florida Industrial Development Corporation;
 5705         7. An historic preservation district agency or
 5706  organization;
 5707         8. A regional workforce board;
 5708         9. A direct-support organization as provided in s.
 5709  1009.983;
 5710         10. An enterprise zone development agency created pursuant
 5711  to s. 290.0056;
 5712         11. A community-based organization incorporated under
 5713  chapter 617 which is recognized as educational, charitable, or
 5714  scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
 5715  and whose bylaws and articles of incorporation include
 5716  affordable housing, economic development, or community
 5717  development as the primary mission of the corporation;
 5718         12. Units of local government;
 5719         13. Units of state government; or
 5720         14. Such other agency as Jobs Florida the Office of
 5721  Tourism, Trade, and Economic Development may, from time to time,
 5722  designate by rule.
 5723  
 5724  In no event shall a contributing business firm have a financial
 5725  interest in the eligible sponsor.
 5726         (d) The project shall be located in an area designated as
 5727  an enterprise zone or a Front Porch Florida Community pursuant
 5728  to s. 20.18(6). Any project designed to construct or
 5729  rehabilitate housing for low-income or very-low-income
 5730  households as defined in s. 420.9071(19) and (28) is exempt from
 5731  the area requirement of this paragraph. This section does not
 5732  preclude projects that propose to construct or rehabilitate
 5733  housing for low-income or very-low-income households on
 5734  scattered sites. Any project designed to provide increased
 5735  access to high-speed broadband capabilities which includes
 5736  coverage of a rural enterprise zone may locate the project’s
 5737  infrastructure in any area of a rural county.
 5738         (3) APPLICATION REQUIREMENTS.—
 5739         (a) Any eligible sponsor wishing to participate in this
 5740  program must submit a proposal to Jobs Florida the Office of
 5741  Tourism, Trade, and Economic Development which sets forth the
 5742  sponsor, the project, the area in which the project is located,
 5743  and such supporting information as may be prescribed by rule.
 5744  The proposal shall also contain a resolution from the local
 5745  governmental unit in which it is located certifying that the
 5746  project is consistent with local plans and regulations.
 5747         (b) Any business wishing to participate in this program
 5748  must submit an application for tax credit to Jobs Florida the
 5749  Office of Tourism, Trade, and Economic Development, which
 5750  application sets forth the sponsor; the project; and the type,
 5751  value, and purpose of the contribution. The sponsor shall verify
 5752  the terms of the application and indicate its receipt of the
 5753  contribution, which verification must be in writing and
 5754  accompany the application for tax credit.
 5755         (c) The business firm must submit a separate application
 5756  for tax credit for each individual contribution that it makes to
 5757  each individual project.
 5758         (4) ADMINISTRATION.—
 5759         (a) Jobs Florida The Office of Tourism, Trade, and Economic
 5760  Development has authority to adopt rules pursuant to ss.
 5761  120.536(1) and 120.54 to implement the provisions of this
 5762  section, including rules for the approval or disapproval of
 5763  proposals by business firms.
 5764         (b) The decision of Jobs Florida the Office of Tourism,
 5765  Trade, and Economic Development shall be in writing, and, if
 5766  approved, the notification must state the maximum credit
 5767  allowable to the business firm. A copy of the decision shall be
 5768  transmitted to the executive director of the Department of
 5769  Revenue, who shall apply such credit to the tax liability of the
 5770  business firm.
 5771         (c) Jobs Florida The Office of Tourism, Trade, and Economic
 5772  Development shall periodically monitor all projects in a manner
 5773  consistent with available resources to ensure that resources are
 5774  utilized in accordance with this section; however, each project
 5775  shall be reviewed no less often than once every 2 years.
 5776         (d) The Department of Revenue has authority to adopt rules
 5777  pursuant to ss. 120.536(1) and 120.54 to implement the
 5778  provisions of this section.
 5779         (e) Jobs Florida The Office of Tourism, Trade, and Economic
 5780  Development shall, in consultation with the Department of
 5781  Community Affairs, the Florida Housing Finance Corporation, and
 5782  the statewide and regional housing and financial intermediaries,
 5783  market the availability of the community contribution tax credit
 5784  program to community-based organizations.
 5785         Section 85. Paragraphs (e), (f), (g), and (h) of subsection
 5786  (1) and subsections (5) and (6) of section 220.191, Florida
 5787  Statutes, are amended to read:
 5788         220.191 Capital investment tax credit.—
 5789         (1) DEFINITIONS.—For purposes of this section:
 5790         (e) “Jobs” means full-time equivalent positions, as that
 5791  term is consistent with terms used by Jobs Florida the Agency
 5792  for Workforce Innovation and the United States Department of
 5793  Labor for purposes of unemployment tax administration and
 5794  employment estimation, resulting directly from a project in this
 5795  state. The term does not include temporary construction jobs
 5796  involved in the construction of the project facility.
 5797         (f) “Office” means the Office of Tourism, Trade, and
 5798  Economic Development.
 5799         (f)(g) “Qualifying business” means a business which
 5800  establishes a qualifying project in this state and which is
 5801  certified by Jobs Florida the office to receive tax credits
 5802  pursuant to this section.
 5803         (g)(h) “Qualifying project” means:
 5804         1. A new or expanding facility in this state which creates
 5805  at least 100 new jobs in this state and is in one of the high
 5806  impact sectors identified by the Jobs Florida Partnership
 5807  Enterprise Florida, Inc., and certified by Jobs Florida the
 5808  office pursuant to s. 288.108(6), including, but not limited to,
 5809  aviation, aerospace, automotive, and silicon technology
 5810  industries;
 5811         2. A new or expanded facility in this state which is
 5812  engaged in a target industry designated pursuant to the
 5813  procedure specified in s. 288.106(2) s. 288.106(2)(t) and which
 5814  is induced by this credit to create or retain at least 1,000
 5815  jobs in this state, provided that at least 100 of those jobs are
 5816  new, pay an annual average wage of at least 130 percent of the
 5817  average private sector wage in the area as defined in s.
 5818  288.106(2), and make a cumulative capital investment of at least
 5819  $100 million after July 1, 2005. Jobs may be considered retained
 5820  only if there is significant evidence that the loss of jobs is
 5821  imminent. Notwithstanding subsection (2), annual credits against
 5822  the tax imposed by this chapter shall not exceed 50 percent of
 5823  the increased annual corporate income tax liability or the
 5824  premium tax liability generated by or arising out of a project
 5825  qualifying under this subparagraph. A facility that qualifies
 5826  under this subparagraph for an annual credit against the tax
 5827  imposed by this chapter may take the tax credit for a period not
 5828  to exceed 5 years; or
 5829         3. A new or expanded headquarters facility in this state
 5830  which locates in an enterprise zone and brownfield area and is
 5831  induced by this credit to create at least 1,500 jobs which on
 5832  average pay at least 200 percent of the statewide average annual
 5833  private sector wage, as published by Jobs Florida the Agency for
 5834  Workforce Innovation or its successor, and which new or expanded
 5835  headquarters facility makes a cumulative capital investment in
 5836  this state of at least $250 million.
 5837         (5) Applications shall be reviewed and certified pursuant
 5838  to s. 288.061. Jobs Florida The office, upon a recommendation by
 5839  the Jobs Florida Partnership Enterprise Florida, Inc., shall
 5840  first certify a business as eligible to receive tax credits
 5841  pursuant to this section prior to the commencement of operations
 5842  of a qualifying project, and such certification shall be
 5843  transmitted to the Department of Revenue. Upon receipt of the
 5844  certification, the Department of Revenue shall enter into a
 5845  written agreement with the qualifying business specifying, at a
 5846  minimum, the method by which income generated by or arising out
 5847  of the qualifying project will be determined.
 5848         (6) Jobs Florida The office, in consultation with the Jobs
 5849  Florida Partnership Enterprise Florida, Inc., is authorized to
 5850  develop the necessary guidelines and application materials for
 5851  the certification process described in subsection (5).
 5852         Section 86. Subsection (2) of section 222.15, Florida
 5853  Statutes, is amended to read:
 5854         222.15 Wages or unemployment compensation payments due
 5855  deceased employee may be paid spouse or certain relatives.—
 5856         (2) It is also lawful for Jobs Florida the Agency for
 5857  Workforce Innovation, in case of death of any unemployed
 5858  individual, to pay to those persons referred to in subsection
 5859  (1) any unemployment compensation payments that may be due to
 5860  the individual at the time of his or her death.
 5861         Section 87. Subsections (3) and (4) of section 250.06,
 5862  Florida Statutes, are amended to read:
 5863         250.06 Commander in chief.—
 5864         (3) The Governor may, in order to preserve the public
 5865  peace, execute the laws of the state, suppress insurrection,
 5866  repel invasion, respond to an emergency as defined in s.
 5867  252.34(3) or imminent danger thereof, or, in case of the calling
 5868  of all or any portion of the militia of this state Florida into
 5869  the services of the United States, may increase the Florida
 5870  National Guard and organize it in accordance with rules and
 5871  regulations governing the Armed Forces of the United States.
 5872  Such organization and increase may be pursuant to or in advance
 5873  of any call made by the President of the United States. If the
 5874  Florida National Guard is activated into service of the United
 5875  States, another organization may not be designated as the
 5876  Florida National Guard.
 5877         (4) The Governor may, in order to preserve the public
 5878  peace, execute the laws of the state, enhance domestic security,
 5879  respond to terrorist threats or attacks, respond to an emergency
 5880  as defined in s. 252.34(3) or imminent danger thereof, or
 5881  respond to any need for emergency aid to civil authorities as
 5882  specified in s. 250.28, order into state active duty all or any
 5883  part of the militia which he or she deems proper.
 5884         Section 88. Paragraphs (a) and (b) of subsection (1) of
 5885  section 252.32, Florida Statutes, are amended to read:
 5886         252.32 Policy and purpose.—
 5887         (1) Because of the existing and continuing possibility of
 5888  the occurrence of emergencies and disasters resulting from
 5889  natural, technological, or manmade causes; in order to ensure
 5890  that preparations of this state will be adequate to deal with,
 5891  reduce vulnerability to, and recover from such emergencies and
 5892  disasters; to provide for the common defense and to protect the
 5893  public peace, health, and safety; and to preserve the lives and
 5894  property of the people of the state, it is hereby found and
 5895  declared to be necessary:
 5896         (a) To create a state emergency management agency to be
 5897  known as the “Office Division of Emergency Management,” to
 5898  authorize the creation of local organizations for emergency
 5899  management in the political subdivisions of the state, and to
 5900  authorize cooperation with the Federal Government and the
 5901  governments of other states.
 5902         (b) To confer upon the Governor, the Office Division of
 5903  Emergency Management, and the governing body of each political
 5904  subdivision of the state the emergency powers provided herein.
 5905         Section 89. Section 252.34, Florida Statutes, is amended to
 5906  read:
 5907         252.34 Definitions.—As used in this part ss. 252.31-252.60,
 5908  the term:
 5909         (1) “Disaster” means any natural, technological, or civil
 5910  emergency that causes damage of sufficient severity and
 5911  magnitude to result in a declaration of a state of emergency by
 5912  a county, the Governor, or the President of the United States.
 5913  Disasters are shall be identified by the severity of resulting
 5914  damage, as follows:
 5915         (a) “Catastrophic disaster” means a disaster that will
 5916  require massive state and federal assistance, including
 5917  immediate military involvement.
 5918         (b) “Major disaster” means a disaster that will likely
 5919  exceed local capabilities and require a broad range of state and
 5920  federal assistance.
 5921         (c) “Minor disaster” means a disaster that is likely to be
 5922  within the response capabilities of local government and to
 5923  result in only a minimal need for state or federal assistance.
 5924         (2) “Division” means the Division of Emergency Management
 5925  of the Department of Community Affairs, or the successor to that
 5926  division.
 5927         (2)(3) “Emergency” means any occurrence, or threat thereof,
 5928  whether natural, technological, or manmade, in war or in peace,
 5929  which results or may result in substantial injury or harm to the
 5930  population or substantial damage to or loss of property.
 5931         (3)(4) “Emergency management” means the preparation for,
 5932  the mitigation of, the response to, and the recovery from
 5933  emergencies and disasters. Specific emergency management
 5934  responsibilities include, but are not limited to:
 5935         (a) Reduction of vulnerability of people and communities of
 5936  this state to damage, injury, and loss of life and property
 5937  resulting from natural, technological, or manmade emergencies or
 5938  hostile military or paramilitary action.
 5939         (b) Preparation for prompt and efficient response and
 5940  recovery to protect lives and property affected by emergencies.
 5941         (c) Response to emergencies using all systems, plans, and
 5942  resources necessary to preserve adequately the health, safety,
 5943  and welfare of persons or property affected by the emergency.
 5944         (d) Recovery from emergencies by providing for the rapid
 5945  and orderly start of restoration and rehabilitation of persons
 5946  and property affected by emergencies.
 5947         (e) Provision of an emergency management system embodying
 5948  all aspects of preemergency preparedness and postemergency
 5949  response, recovery, and mitigation.
 5950         (f) Assistance in anticipation, recognition, appraisal,
 5951  prevention, and mitigation of emergencies which may be caused or
 5952  aggravated by inadequate planning for, and regulation of, public
 5953  and private facilities and land use.
 5954         (4)(5) “Local emergency management agency” means an
 5955  organization created in accordance with the provisions of ss.
 5956  252.31-252.90 to discharge the emergency management
 5957  responsibilities and functions of a political subdivision.
 5958         (5)(6) “Manmade emergency” means an emergency caused by an
 5959  action against persons or society, including, but not limited
 5960  to, enemy attack, sabotage, terrorism, civil unrest, or other
 5961  action impairing the orderly administration of government.
 5962         (6)(7) “Natural emergency” means an emergency caused by a
 5963  natural event, including, but not limited to, a hurricane, a
 5964  storm, a flood, severe wave action, a drought, or an earthquake.
 5965         (7) “Office” means the Office of Emergency Management
 5966  within the Executive Office of the Governor, or the successor to
 5967  that office.
 5968         (8) “Political subdivision” means any county or
 5969  municipality created pursuant to law.
 5970         (9) “Technological emergency” means an emergency caused by
 5971  a technological failure or accident, including, but not limited
 5972  to, an explosion, transportation accident, radiological
 5973  accident, or chemical or other hazardous material incident.
 5974         Section 90. Section 252.35, Florida Statutes, is amended to
 5975  read:
 5976         252.35 Emergency management powers; Division of Emergency
 5977  Management.—
 5978         (1) The office division is responsible for maintaining a
 5979  comprehensive statewide program of emergency management and for
 5980  coordinating the. The division is responsible for coordination
 5981  with efforts of the Federal Government with other departments
 5982  and agencies of state government, with county and municipal
 5983  governments and school boards, and with private agencies that
 5984  have a role in emergency management.
 5985         (2) The office division is responsible for carrying out the
 5986  provisions of ss. 252.31-252.90. In performing its duties under
 5987  ss. 252.31-252.90, the office division shall:
 5988         (a) Prepare a state comprehensive emergency management
 5989  plan, which shall be integrated into and coordinated with the
 5990  emergency management plans and programs of the Federal
 5991  Government. The office division must adopt the plan as a rule in
 5992  accordance with chapter 120. The plan shall be implemented by a
 5993  continuous, integrated comprehensive emergency management
 5994  program. The plan must contain provisions to ensure that the
 5995  state is prepared for emergencies and minor, major, and
 5996  catastrophic disasters, and the office division shall work
 5997  closely with local governments and agencies and organizations
 5998  with emergency management responsibilities in preparing and
 5999  maintaining the plan. The state comprehensive emergency
 6000  management plan must shall be operations oriented and:
 6001         1. Include an evacuation component that includes specific
 6002  regional and interregional planning provisions and promotes
 6003  intergovernmental coordination of evacuation activities. This
 6004  component must, at a minimum: contain guidelines for lifting
 6005  tolls on state highways; ensure coordination pertaining to
 6006  evacuees crossing county lines; set forth procedures for
 6007  directing people caught on evacuation routes to safe shelter;
 6008  establish strategies for ensuring sufficient, reasonably priced
 6009  fueling locations along evacuation routes; and establish
 6010  policies and strategies for emergency medical evacuations.
 6011         2. Include a shelter component that includes specific
 6012  regional and interregional planning provisions and promotes
 6013  coordination of shelter activities between the public, private,
 6014  and nonprofit sectors. This component must, at a minimum:
 6015  contain strategies to ensure the availability of adequate public
 6016  shelter space in each region of the state; establish strategies
 6017  for refuge-of-last-resort programs; provide strategies to assist
 6018  local emergency management efforts to ensure that adequate
 6019  staffing plans exist for all shelters, including medical and
 6020  security personnel; provide for a postdisaster communications
 6021  system for public shelters; establish model shelter guidelines
 6022  for operations, registration, inventory, power generation
 6023  capability, information management, and staffing; and set forth
 6024  policy guidance for sheltering people with special needs.
 6025         3. Include a postdisaster response and recovery component
 6026  that includes specific regional and interregional planning
 6027  provisions and promotes intergovernmental coordination of
 6028  postdisaster response and recovery activities. This component
 6029  must provide for postdisaster response and recovery strategies
 6030  according to whether a disaster is minor, major, or
 6031  catastrophic. The postdisaster response and recovery component
 6032  must, at a minimum: establish the structure of the state’s
 6033  postdisaster response and recovery organization; establish
 6034  procedures for activating the state’s plan; set forth policies
 6035  used to guide postdisaster response and recovery activities;
 6036  describe the chain of command during the postdisaster response
 6037  and recovery period; describe initial and continuous
 6038  postdisaster response and recovery actions; identify the roles
 6039  and responsibilities of each involved agency and organization;
 6040  provide for a comprehensive communications plan; establish
 6041  procedures for monitoring mutual aid agreements; provide for
 6042  rapid impact assessment teams; ensure the availability of an
 6043  effective statewide urban search and rescue program coordinated
 6044  with the fire services; ensure the existence of a comprehensive
 6045  statewide medical care and relief plan administered by the
 6046  Department of Health; and establish systems for coordinating
 6047  volunteers and accepting and distributing donated funds and
 6048  goods.
 6049         4. Include additional provisions addressing aspects of
 6050  preparedness, response, recovery, and mitigation as determined
 6051  necessary by the office division.
 6052         5. Address the need for coordinated and expeditious
 6053  deployment of state resources, including the Florida National
 6054  Guard. In the case of an imminent major disaster, procedures
 6055  should address predeployment of the Florida National Guard, and,
 6056  in the case of an imminent catastrophic disaster, procedures
 6057  should address predeployment of the Florida National Guard and
 6058  the United States Armed Forces.
 6059         6. Establish a system of communications and warning to
 6060  ensure that the state’s population and emergency management
 6061  agencies are warned of developing emergency situations and can
 6062  communicate emergency response decisions.
 6063         7. Establish guidelines and schedules for annual exercises
 6064  that evaluate the ability of the state and its political
 6065  subdivisions to respond to minor, major, and catastrophic
 6066  disasters and support local emergency management agencies. Such
 6067  exercises must shall be coordinated with local governments and,
 6068  to the extent possible, the Federal Government.
 6069         8. Assign lead and support responsibilities to state
 6070  agencies and personnel for emergency support functions and other
 6071  support activities.
 6072  
 6073  The complete state comprehensive emergency management plan must
 6074  shall be submitted to the President of the Senate, the Speaker
 6075  of the House of Representatives, and the Governor on February 1
 6076  of every even-numbered year.
 6077         (b) Adopt standards and requirements for county emergency
 6078  management plans. The standards and requirements must ensure
 6079  that county plans are coordinated and consistent with the state
 6080  comprehensive emergency management plan. If a municipality
 6081  elects to establish an emergency management program, it must
 6082  adopt a city emergency management plan that complies with all
 6083  standards and requirements applicable to county emergency
 6084  management plans.
 6085         (c) Assist political subdivisions in preparing and
 6086  maintaining emergency management plans.
 6087         (d) Review periodically political subdivision emergency
 6088  management plans for consistency with the state comprehensive
 6089  emergency management plan and standards and requirements adopted
 6090  under this section.
 6091         (e) Cooperate with the President, the heads of the Armed
 6092  Forces, the various federal emergency management agencies, and
 6093  the officers and agencies of other states in matters pertaining
 6094  to emergency management in the state and the nation and
 6095  incidents thereof and, in connection therewith, take any
 6096  measures that it deems proper to carry into effect any request
 6097  of the President and the appropriate federal officers and
 6098  agencies for any emergency management action, including the
 6099  direction or control of:
 6100         1. Emergency management drills, tests, or exercises of
 6101  whatever nature.
 6102         2. Warnings and signals for tests and drills, attacks, or
 6103  other imminent emergencies or threats thereof and the mechanical
 6104  devices to be used in connection with such warnings and signals.
 6105         (f) Make recommendations to the Legislature, building code
 6106  organizations, and political subdivisions for zoning, building,
 6107  and other land use controls; safety measures for securing mobile
 6108  homes or other nonpermanent or semipermanent structures; and
 6109  other preparedness, prevention, and mitigation measures designed
 6110  to eliminate emergencies or reduce their impact.
 6111         (g) In accordance with the state comprehensive emergency
 6112  management plan and program for emergency management, ascertain
 6113  the requirements of the state and its political subdivisions for
 6114  equipment and supplies of all kinds in the event of an
 6115  emergency; plan for and either procure supplies, medicines,
 6116  materials, and equipment or enter into memoranda of agreement or
 6117  open purchase orders that will ensure their availability; and
 6118  use and employ from time to time any of the property, services,
 6119  and resources within the state in accordance with ss. 252.31
 6120  252.90.
 6121         (h) Anticipate trends and promote innovations that will
 6122  enhance the emergency management system.
 6123         (i) Institute statewide public awareness programs. This
 6124  shall include an intensive public educational campaign on
 6125  emergency preparedness issues, including, but not limited to,
 6126  the personal responsibility of individual citizens to be self
 6127  sufficient for up to 72 hours following a natural or manmade
 6128  disaster. The public educational campaign must shall include
 6129  relevant information on statewide disaster plans, evacuation
 6130  routes, fuel suppliers, and shelters. All educational materials
 6131  must be available in alternative formats and mediums to ensure
 6132  that they are available to persons with disabilities.
 6133         (j) In cooperation with The Division of Emergency
 6134  Management and the Department of Education, shall coordinate
 6135  with the Agency for Persons with Disabilities to provide an
 6136  educational outreach program on disaster preparedness and
 6137  readiness to individuals who have limited English skills and
 6138  identify persons who are in need of assistance but are not
 6139  defined under special-needs criteria.
 6140         (k) Prepare and distribute to appropriate state and local
 6141  officials catalogs of federal, state, and private assistance
 6142  programs.
 6143         (l) Coordinate federal, state, and local emergency
 6144  management activities and take all other steps, including the
 6145  partial or full mobilization of emergency management forces and
 6146  organizations in advance of an actual emergency, to ensure the
 6147  availability of adequately trained and equipped forces of
 6148  emergency management personnel before, during, and after
 6149  emergencies and disasters.
 6150         (m) Establish a schedule of fees that may be charged by
 6151  local emergency management agencies for review of emergency
 6152  management plans on behalf of external agencies and
 6153  institutions. In establishing such schedule, the office division
 6154  shall consider facility size, review complexity, and other
 6155  factors.
 6156         (n) Implement training programs to improve the ability of
 6157  state and local emergency management personnel to prepare and
 6158  implement emergency management plans and programs. This includes
 6159  shall include a continuous training program for agencies and
 6160  individuals that will be called on to perform key roles in state
 6161  and local postdisaster response and recovery efforts and for
 6162  local government personnel on federal and state postdisaster
 6163  response and recovery strategies and procedures.
 6164         (o) Review Periodically review emergency operating
 6165  procedures of state agencies and recommend revisions as needed
 6166  to ensure consistency with the state comprehensive emergency
 6167  management plan and program.
 6168         (p) Make such surveys of industries, resources, and
 6169  facilities within the state, both public and private, as are
 6170  necessary to carry out the purposes of ss. 252.31-252.90.
 6171         (q) Prepare, in advance if whenever possible, such
 6172  executive orders, proclamations, and rules for issuance by the
 6173  Governor as are necessary or appropriate for coping with
 6174  emergencies and disasters.
 6175         (r) Cooperate with the Federal Government and any public or
 6176  private agency or entity in achieving any purpose of ss. 252.31
 6177  252.90 and in implementing programs for mitigation, preparation,
 6178  response, and recovery.
 6179         (s) By January 1, 2007, the Division of Emergency
 6180  Management shall Complete an inventory of portable generators
 6181  owned by the state and local governments which are capable of
 6182  operating during a major disaster. The inventory must identify,
 6183  at a minimum, the location of each generator, the number of
 6184  generators stored at each specific location, the agency to which
 6185  each generator belongs, the primary use of the generator by the
 6186  owner agency, and the names, addresses, and telephone numbers of
 6187  persons having the authority to loan the stored generators as
 6188  authorized by the office Division of Emergency Management during
 6189  a declared emergency.
 6190         (t) The division shall Maintain an inventory list of
 6191  generators owned by the state and local governments. In
 6192  addition, the office division may keep a list of private
 6193  entities, along with appropriate contact information, which
 6194  offer generators for sale or lease. The list of private entities
 6195  shall be available to the public for inspection in written and
 6196  electronic formats.
 6197         (u) Assist political subdivisions with the creation and
 6198  training of urban search and rescue teams and promote the
 6199  development and maintenance of a state urban search and rescue
 6200  program.
 6201         (v) Delegate, as necessary and appropriate, authority
 6202  vested in it under ss. 252.31-252.90 and provide for the
 6203  subdelegation of such authority.
 6204         (w) Report biennially to the President of the Senate, the
 6205  Speaker of the House of Representatives, and the Governor, no
 6206  later than February 1 of every odd-numbered year, the status of
 6207  the emergency management capabilities of the state and its
 6208  political subdivisions.
 6209         (x) In accordance with chapter 120, create, implement,
 6210  administer, adopt, amend, and rescind rules, programs, and plans
 6211  needed to carry out the provisions of ss. 252.31-252.90 with due
 6212  consideration for, and in cooperating with, the plans and
 6213  programs of the Federal Government. In addition, the office
 6214  division may adopt rules in accordance with chapter 120 to
 6215  administer and distribute federal financial predisaster and
 6216  postdisaster assistance for prevention, mitigation,
 6217  preparedness, response, and recovery.
 6218         (y) Do other things necessary, incidental, or appropriate
 6219  for the implementation of ss. 252.31-252.90.
 6220         Section 91. Subsection (2) of section 252.355, Florida
 6221  Statutes, is amended to read:
 6222         252.355 Registry of persons with special needs; notice.—
 6223         (2) The office Department of Community Affairs shall be the
 6224  designated lead agency responsible for community education and
 6225  outreach to the public, including special needs clients,
 6226  regarding registration and special needs shelters and general
 6227  information regarding shelter stays.
 6228         Section 92. Section 252.3568, Florida Statutes, is amended
 6229  to read:
 6230         252.3568 Emergency sheltering of persons with pets.—In
 6231  accordance with s. 252.35, the office division shall address
 6232  strategies for the evacuation of persons with pets in the
 6233  shelter component of the state comprehensive emergency
 6234  management plan and shall include the requirement for similar
 6235  strategies in its standards and requirements for local
 6236  comprehensive emergency management plans. The Department of
 6237  Agriculture and Consumer Services shall assist the office
 6238  division in determining strategies regarding this activity.
 6239         Section 93. Subsections (8) and (9) of section 252.36,
 6240  Florida Statutes, are amended to read:
 6241         252.36 Emergency management powers of the Governor.—
 6242         (8) The Governor shall delegate emergency responsibilities
 6243  to the officers and agencies of the state and of the political
 6244  subdivisions thereof prior to an emergency or threat of an
 6245  emergency and shall utilize the services and facilities of
 6246  existing officers and agencies of the state and of the political
 6247  subdivisions thereof, including their personnel and other
 6248  resources, as the primary emergency management forces of the
 6249  state, and all such officers and agencies shall cooperate with
 6250  and extend their services and facilities to the office division,
 6251  as it may require.
 6252         (9) The Governor and the office division shall establish
 6253  agencies and offices and appoint executive, professional,
 6254  technical, clerical, and other personnel as may be necessary to
 6255  carry out the provisions of ss. 252.31-252.90.
 6256         Section 94. Subsections (2), (3), and (4) of section
 6257  252.365, Florida Statutes, are amended to read:
 6258         252.365 Emergency coordination officers; disaster
 6259  preparedness plans.—
 6260         (2) The emergency coordination officer is responsible for
 6261  coordinating with the office division on emergency preparedness
 6262  issues, preparing and maintaining emergency preparedness and
 6263  postdisaster response and recovery plans for such agency,
 6264  maintaining rosters of personnel to assist in disaster
 6265  operations, and coordinating appropriate training for agency
 6266  personnel.
 6267         (3) These individuals shall be responsible for ensuring
 6268  that each state agency and facility, such as a prison, office
 6269  building, or university, has a disaster preparedness plan that
 6270  is coordinated with the applicable local emergency-management
 6271  agency and approved by the office division.
 6272         (a) The disaster-preparedness plan must outline a
 6273  comprehensive and effective program to ensure continuity of
 6274  essential state functions under all circumstances. The plan must
 6275  identify a baseline of preparedness for a full range of
 6276  potential emergencies to establish a viable capability to
 6277  perform essential functions during any emergency or other
 6278  situation that disrupts normal operations.
 6279         (b) The plan must include, at a minimum, the following
 6280  elements: identification of essential functions, programs, and
 6281  personnel; procedures to implement the plan and personnel
 6282  notification and accountability; delegations of authority and
 6283  lines of succession; identification of alternative facilities
 6284  and related infrastructure, including those for communications;
 6285  identification and protection of vital records and databases;
 6286  and schedules and procedures for periodic tests, training, and
 6287  exercises.
 6288         (c) The office division shall develop and distribute
 6289  guidelines for developing and implementing the plan. Each agency
 6290  is encouraged to initiate and complete development of its plan
 6291  immediately, but no later than July 1, 2003.
 6292         (4) The head of each agency shall notify the Governor and
 6293  the office division in writing of the person initially
 6294  designated as the emergency coordination officer for such agency
 6295  and her or his alternate and of any changes in persons so
 6296  designated thereafter.
 6297         Section 95. Subsection (4) of section 252.37, Florida
 6298  Statutes, is amended to read:
 6299         252.37 Financing.—
 6300         (4)(a) Whenever the Federal Government or any agency or
 6301  officer thereof offers to the state or, through the state, to
 6302  any political subdivision thereof services, equipment, supplies,
 6303  materials, or funds by way of gift, grant, or loan for the
 6304  purposes of emergency management, the state, acting through the
 6305  office division, or such political subdivision, acting with the
 6306  consent of the Governor or the Governor’s authorized
 6307  representative, may accept such offer. Upon such acceptance, the
 6308  office division or the presiding officer or governing body of
 6309  such political subdivision may authorize receipt of the gift,
 6310  grant, or loan on behalf of the state or such political
 6311  subdivision, subject to the terms of the offer and the rules and
 6312  regulations of the agency making the offer.
 6313         (b) Whenever any person, firm, or corporation offers to the
 6314  state or to any political subdivision thereof services,
 6315  equipment, supplies, materials, or funds by way of gift, grant,
 6316  loan, or other agreement for the purpose of emergency
 6317  management, the state, acting through the office division, or
 6318  such political subdivision, acting through its governing body or
 6319  a local emergency management agency, may accept such offer. Upon
 6320  such acceptance, the office division or the presiding officer or
 6321  governing body of the political subdivision may authorize
 6322  receipt of the gift, grant, or loan on behalf of the state or
 6323  such political subdivision, subject to the terms of the offer.
 6324         Section 96. Section 252.371, Florida Statutes, is amended
 6325  to read:
 6326         252.371 Emergency Management, Preparedness, and Assistance
 6327  Trust Fund.—There is created the Emergency Management,
 6328  Preparedness, and Assistance Trust Fund to be administered by
 6329  the office Department of Community Affairs.
 6330         Section 97. Subsections (1) and (3) of section 252.373,
 6331  Florida Statutes, are amended to read:
 6332         252.373 Allocation of funds; rules.—
 6333         (1) Funds appropriated from the Emergency Management,
 6334  Preparedness, and Assistance Trust Fund shall be allocated by
 6335  the office Department of Community Affairs for the following
 6336  purposes:
 6337         (a) To implement and administer state and local emergency
 6338  management programs, including administration, training, and
 6339  operations.
 6340         (b) For grants and loans to state or regional agencies,
 6341  local governments, and private organizations to implement
 6342  projects that will further state and local emergency management
 6343  objectives. These projects must include, but need not be limited
 6344  to, projects that will promote public education on disaster
 6345  preparedness and recovery issues, enhance coordination of relief
 6346  efforts of statewide private sector organizations, and improve
 6347  the training and operations capabilities of agencies assigned
 6348  lead or support responsibilities in the state comprehensive
 6349  emergency management plan, including the State Fire Marshal’s
 6350  Office for coordinating the Florida fire services. The office
 6351  division shall establish criteria and procedures for competitive
 6352  allocation of these funds by rule. No more than 5 percent of any
 6353  award made pursuant to this subparagraph may be used for
 6354  administrative expenses. This competitive criteria must give
 6355  priority consideration to hurricane evacuation shelter retrofit
 6356  projects.
 6357         (c) To meet any matching requirements imposed as a
 6358  condition of receiving federal disaster relief assistance.
 6359         (3) If adequate funds are available as determined by the
 6360  office division, every county shall receive funds at least
 6361  sufficient to fund a dedicated, full-time emergency preparedness
 6362  officer position.
 6363         Section 98. Paragraphs (a), (b), and (e) of subsection (1)
 6364  of section 252.38, Florida Statutes, are amended to read:
 6365         252.38 Emergency management powers of political
 6366  subdivisions.—Safeguarding the life and property of its citizens
 6367  is an innate responsibility of the governing body of each
 6368  political subdivision of the state.
 6369         (1) COUNTIES.—
 6370         (a) In order to provide effective and orderly governmental
 6371  control and coordination of emergency operations in emergencies
 6372  within the scope of ss. 252.31-252.90, each county within this
 6373  state shall be within the jurisdiction of, and served by, the
 6374  office division. Except as otherwise provided in ss. 252.31
 6375  252.90, each local emergency management agency shall have
 6376  jurisdiction over and serve an entire county. Unless part of an
 6377  interjurisdictional emergency management agreement entered into
 6378  pursuant to paragraph (3)(b) which is recognized by the Governor
 6379  by executive order or rule, each county must establish and
 6380  maintain such an emergency management agency and shall develop a
 6381  county emergency management plan and program that is coordinated
 6382  and consistent with the state comprehensive emergency management
 6383  plan and program. Counties that are part of an
 6384  interjurisdictional emergency management agreement entered into
 6385  pursuant to paragraph (3)(b) which is recognized by the Governor
 6386  by executive order or rule shall cooperatively develop an
 6387  emergency management plan and program that is coordinated and
 6388  consistent with the state comprehensive emergency management
 6389  plan and program.
 6390         (b) Each county emergency management agency created and
 6391  established pursuant to ss. 252.31-252.90 shall have a director.
 6392  The director must meet the minimum training and education
 6393  qualifications established in a job description approved by the
 6394  county. The director shall be appointed by the board of county
 6395  commissioners or the chief administrative officer of the county,
 6396  as described in chapter 125 or the county charter, if
 6397  applicable, to serve at the pleasure of the appointing
 6398  authority, in conformance with applicable resolutions,
 6399  ordinances, and laws. A county constitutional officer, or an
 6400  employee of a county constitutional officer, may be appointed as
 6401  director following prior notification to the division. Each
 6402  board of county commissioners shall promptly inform the office
 6403  division of the appointment of the director and other personnel.
 6404  Each director has direct responsibility for the organization,
 6405  administration, and operation of the county emergency management
 6406  agency. The director shall coordinate emergency management
 6407  activities, services, and programs within the county and shall
 6408  serve as liaison to the office division and other local
 6409  emergency management agencies and organizations.
 6410         (e) County emergency management agencies may charge and
 6411  collect fees for the review of emergency management plans on
 6412  behalf of external agencies and institutions. Fees must be
 6413  reasonable and may not exceed the cost of providing a review of
 6414  emergency management plans in accordance with fee schedules
 6415  established by the office division.
 6416         Section 99. Subsections (2) and (3) of section 252.385,
 6417  Florida Statutes, are amended to read:
 6418         252.385 Public shelter space.—
 6419         (2)(a) The office division shall administer a program to
 6420  survey existing schools, universities, community colleges, and
 6421  other state-owned, municipally owned, and county-owned public
 6422  buildings and any private facility that the owner, in writing,
 6423  agrees to provide for use as a public hurricane evacuation
 6424  shelter to identify those that are appropriately designed and
 6425  located to serve as such shelters. The owners of the facilities
 6426  must be given the opportunity to participate in the surveys. The
 6427  state university boards of trustees, district school boards,
 6428  community college boards of trustees, and the Department of
 6429  Education are responsible for coordinating and implementing the
 6430  survey of public schools, universities, and community colleges
 6431  with the office division or the local emergency management
 6432  agency.
 6433         (b) By January 31 of each even-numbered year, the office
 6434  division shall prepare and submit a statewide emergency shelter
 6435  plan to the Governor and Cabinet for approval, subject to the
 6436  requirements for approval in s. 1013.37(2). The plan shall
 6437  identify the general location and square footage of special
 6438  needs shelters, by regional planning council region, during the
 6439  next 5 years. The plan shall also include information on the
 6440  availability of shelters that accept pets. The Department of
 6441  Health shall assist the office division in determining the
 6442  estimated need for special needs shelter space and the adequacy
 6443  of facilities to meet the needs of persons with special needs
 6444  based on information from the registries of persons with special
 6445  needs and other information.
 6446         (3) The office division shall annually provide to the
 6447  President of the Senate, the Speaker of the House of
 6448  Representatives, and the Governor a list of facilities
 6449  recommended to be retrofitted using state funds. State funds
 6450  should be maximized and targeted to regional planning council
 6451  regions with hurricane evacuation shelter deficits. Retrofitting
 6452  facilities in regions with public hurricane evacuation shelter
 6453  deficits shall be given first priority and should be completed
 6454  by 2003. All recommended facilities should be retrofitted by
 6455  2008. The owner or lessee of a public hurricane evacuation
 6456  shelter that is included on the list of facilities recommended
 6457  for retrofitting is not required to perform any recommended
 6458  improvements.
 6459         Section 100. Subsection (1) of section 252.40, Florida
 6460  Statutes, is amended to read:
 6461         252.40 Mutual aid arrangements.—
 6462         (1) The governing body of each political subdivision of the
 6463  state is authorized to develop and enter into mutual aid
 6464  agreements within the state for reciprocal emergency aid and
 6465  assistance in case of emergencies too extensive to be dealt with
 6466  unassisted. Copies of such agreements shall be sent to the
 6467  office division. Such agreements shall be consistent with the
 6468  state comprehensive emergency management plan and program, and
 6469  in time of emergency it shall be the duty of each local
 6470  emergency management agency to render assistance in accordance
 6471  with the provisions of such mutual aid agreements to the fullest
 6472  possible extent.
 6473         Section 101. Subsection (1) and paragraph (c) of subsection
 6474  (2) of section 252.41, Florida Statutes, are amended to read:
 6475         252.41 Emergency management support forces.—
 6476         (1) The office division is authorized to provide, within or
 6477  without the state, such support from available personnel,
 6478  equipment, and other resources of state agencies and the
 6479  political subdivisions of the state as may be necessary to
 6480  reinforce emergency management agencies in areas stricken by
 6481  emergency. Such support shall be rendered with due consideration
 6482  of the plans of the Federal Government, this state, the other
 6483  states, and of the criticalness of the existing situation.
 6484  Emergency management support forces shall be called to duty upon
 6485  orders of the office division and shall perform functions in any
 6486  part of the state or, upon the conditions specified in this
 6487  section, in other states.
 6488         (2) Personnel of emergency management support forces while
 6489  on duty, whether within or without the state, shall:
 6490         (c) If they are not employees of the state or a political
 6491  subdivision thereof, they shall be entitled to the same rights
 6492  and immunities as are provided by law for the employees of this
 6493  state and to such compensation as may be fixed by the office
 6494  division. All personnel of emergency management support forces
 6495  shall, while on duty, be subject to the operational control of
 6496  the authority in charge of emergency management activities in
 6497  the area in which they are serving and shall be reimbursed for
 6498  all actual and necessary travel and subsistence expenses to the
 6499  extent of funds available.
 6500         Section 102. Section 252.42, Florida Statutes, is amended
 6501  to read:
 6502         252.42 Government equipment, services, and facilities.—In
 6503  the event of any emergency, the office division may make
 6504  available any equipment, services, or facilities owned or
 6505  organized by the state or its political subdivisions for use in
 6506  the affected area upon request of the duly constituted authority
 6507  of the area or upon the request of any recognized and accredited
 6508  relief agency through such duly constituted authority.
 6509         Section 103. Subsections (2), (4), and (5) of section
 6510  252.43, Florida Statutes, are amended to read:
 6511         252.43 Compensation.—
 6512         (2) Compensation owed for personal services shall be only
 6513  such as may be fixed by the office division.
 6514         (4) Any person claiming compensation for the use, damage,
 6515  loss, or destruction of property under ss. 252.31-252.60 shall
 6516  file a claim therefor with the office division in the form and
 6517  manner that the office division provides.
 6518         (5) Unless the amount of compensation owed on account of
 6519  property damaged, lost, or destroyed is agreed between the
 6520  claimant and the office division, the amount of compensation
 6521  shall be calculated in the same manner as compensation due for a
 6522  taking of property pursuant to the condemnation laws of this
 6523  state.
 6524         Section 104. Subsections (2) and (3) of section 252.44,
 6525  Florida Statutes, are amended to read:
 6526         252.44 Emergency mitigation.—
 6527         (2) The appropriate state agencies, in conjunction with the
 6528  office division, shall keep land uses and construction of
 6529  structures and other facilities under continuing study and
 6530  identify areas which are particularly susceptible to severe land
 6531  shifting, subsidence, flood, or other catastrophic occurrence,
 6532  manmade or natural. The studies under this subsection shall
 6533  concentrate on means of reducing or avoiding the dangers caused
 6534  by these occurrences or the consequences thereof.
 6535         (3) If the office division believes, on the basis of the
 6536  studies or other competent evidence, that an area is susceptible
 6537  to an emergency of catastrophic proportions without adequate
 6538  warning; that existing building standards and land use controls
 6539  in that area are inadequate and could add substantially to the
 6540  magnitude of the emergency; and that changes in zoning
 6541  regulations, other land use regulations, or building
 6542  requirements are essential in order to further the purposes of
 6543  this section, it shall specify the essential changes to the
 6544  Governor. If the Governor upon review of the recommendation
 6545  finds after public hearing that changes are essential, she or he
 6546  shall so recommend to the agencies or political subdivisions
 6547  with jurisdiction over the area and subject matter. If no
 6548  action, or insufficient action, pursuant to her or his
 6549  recommendations is taken within the time specified by the
 6550  Governor, she or he shall so inform the Legislature and request
 6551  legislative action appropriate to mitigate the impact of such an
 6552  emergency.
 6553         Section 105. Subsections (1) and (2) of section 252.46,
 6554  Florida Statutes, are amended to read:
 6555         252.46 Orders and rules.—
 6556         (1) In accordance with the provisions of chapter 120, the
 6557  political subdivisions of the state and other agencies
 6558  designated or appointed by the Governor or in the state
 6559  comprehensive emergency management plan are authorized and
 6560  empowered to make, amend, and rescind such orders and rules as
 6561  are necessary for emergency management purposes and to
 6562  supplement the carrying out of the provisions of ss. 252.31
 6563  252.90, but which are not inconsistent with any orders or rules
 6564  adopted by the office division or by any state agency exercising
 6565  a power delegated to it by the Governor or the office division.
 6566         (2) All orders and rules adopted by the office division or
 6567  any political subdivision or other agency authorized by ss.
 6568  252.31-252.90 to make orders and rules have full force and
 6569  effect of law after adoption in accordance with the provisions
 6570  of chapter 120 in the event of issuance by the office division
 6571  or any state agency or, if promulgated by a political
 6572  subdivision of the state or agency thereof, when filed in the
 6573  office of the clerk or recorder of the political subdivision or
 6574  agency promulgating the same. All existing laws, ordinances, and
 6575  rules inconsistent with the provisions of ss. 252.31-252.90, or
 6576  any order or rule issued under the authority of ss. 252.31
 6577  252.90, shall be suspended during the period of time and to the
 6578  extent that such conflict exists.
 6579         Section 106. Subsection (5) of section 252.55, Florida
 6580  Statutes, is amended to read:
 6581         252.55 Civil Air Patrol, Florida Wing.—
 6582         (5) The wing commander of the Florida Wing of the Civil Air
 6583  Patrol shall biennially furnish the office Bureau of Emergency
 6584  Management a 2-year projection of the goals and objectives of
 6585  the Civil Air Patrol which shall be reported in the office’s
 6586  division’s biennial report submitted pursuant to s. 252.35.
 6587         Section 107. Subsection (3) and paragraph (a) of subsection
 6588  (4) of section 252.60, Florida Statutes, are amended to read:
 6589         252.60 Radiological emergency preparedness.—
 6590         (3) EMERGENCY RESPONSE PLANS.—In addition to the other
 6591  plans required by this chapter, the office division shall
 6592  develop, prepare, test, and implement as needed, in conjunction
 6593  with the appropriate counties and the affected operator, such
 6594  radiological emergency response plans and preparedness
 6595  requirements as may be imposed by the United States Nuclear
 6596  Regulatory Commission or the Federal Emergency Management Agency
 6597  as a requirement for obtaining or continuing the appropriate
 6598  licenses for a commercial nuclear electric generating facility.
 6599         (4) POWERS AND DUTIES.—In implementing the requirements of
 6600  this section, the director of the office secretary of the
 6601  department, or the director’s secretary’s designated
 6602  representative, shall:
 6603         (a) Negotiate and enter into such additional contracts and
 6604  arrangements among the office division, appropriate counties,
 6605  and each operator to provide for the level of funding and the
 6606  respective roles of each in the development, preparation,
 6607  testing, and implementation of the plans.
 6608         Section 108. Section 252.61, Florida Statutes, is amended
 6609  to read:
 6610         252.61 List of persons for contact relating to release of
 6611  toxic substances into atmosphere.—The Office of Emergency
 6612  Management Department of Community Affairs shall maintain a list
 6613  of contact persons after the survey pursuant to s. 403.771 is
 6614  completed.
 6615         Section 109. Section 252.82, Florida Statutes, is amended
 6616  to read:
 6617         252.82 Definitions.—As used in this part:
 6618         (1) “Commission” means the State Hazardous Materials
 6619  Emergency Response Commission created pursuant to s. 301 of
 6620  EPCRA.
 6621         (2) “Committee” means any local emergency planning
 6622  committee established in the state pursuant to s. 301 of EPCRA.
 6623         (3) “Department” means the Department of Community Affairs.
 6624         (3)(4) “Facility” means facility as defined in s. 329 of
 6625  EPCRA. Vehicles placarded according to title 49 Code of Federal
 6626  Regulations are shall not be considered a facility except for
 6627  purposes of s. 304 of EPCRA.
 6628         (4)(5) “Hazardous material” means any hazardous chemical,
 6629  toxic chemical, or extremely hazardous substance, as defined in
 6630  s. 329 of EPCRA.
 6631         (5)(6) “EPCRA” means the Emergency Planning and Community
 6632  Right-to-Know Act of 1986, title III of the Superfund Amendments
 6633  and Reauthorization Act of 1986, Pub. L. No. 99-499, ss. 300
 6634  329, 42 U.S.C. ss. 11001 et seq.; and federal regulations
 6635  adopted thereunder.
 6636         (6) “Office” means the Office of Emergency Management
 6637  within the Executive Office of the Governor.
 6638         (7) “Trust fund” means the Operating Trust Fund of the
 6639  office Department of Community Affairs.
 6640         Section 110. Section 252.83, Florida Statutes, is amended
 6641  to read:
 6642         252.83 Powers and duties of the office department.—
 6643         (1) The office department shall have the authority:
 6644         (a) To coordinate its activities under this part with its
 6645  other emergency management responsibilities, including its
 6646  responsibilities under part I of this chapter, and activities
 6647  and with the related activities of other agencies, keeping
 6648  separate accounts for all activities supported or partially
 6649  supported from the Operating Trust Fund.
 6650         (b) To make rules, with the advice and consent of the
 6651  commission, to implement this part.
 6652         (2) The office department shall provide administrative
 6653  support, including staff, facilities, materials, and services,
 6654  to the commission and shall provide funding to the committees to
 6655  enable the commission and the committees to perform their
 6656  functions under EPCRA and this part.
 6657         (3) The office department and the commission, to the extent
 6658  possible, shall use the emergency planning capabilities of local
 6659  governments to reduce duplication and paperwork to achieve the
 6660  intent of this part. It is the intent of the Legislature that
 6661  this part be implemented in the most cost-efficient manner
 6662  possible, with the least possible financial impact on local
 6663  government and the community.
 6664         Section 111. Subsections (1), (3), (4), and (5) of section
 6665  252.85, Florida Statutes, are amended to read:
 6666         252.85 Fees.—
 6667         (1) Any owner or operator of a facility required under s.
 6668  302 or s. 312 of EPCRA, or by s. 252.87, to submit a
 6669  notification or an annual inventory form to the commission shall
 6670  be required to pay an annual registration fee. The fee for any
 6671  company, including all facilities under common ownership or
 6672  control, shall not be less than $25 nor more than $2,000. The
 6673  office department shall establish a reduced fee, of not less
 6674  than $25 nor more than $500, applicable to any owner or operator
 6675  regulated under part I of chapter 368, chapter 527, or s.
 6676  376.303, which does not have present any extremely hazardous
 6677  substance, as defined by EPCRA, in excess of a threshold
 6678  planning quantity, as established by EPCRA. The office
 6679  department shall establish a reduced fee of not less than $25
 6680  nor more than $1,000, applicable to any owner or operator of a
 6681  facility with a Standard Industrial Classification Code of 01,
 6682  02, or 07, which is eligible for the “routine agricultural use”
 6683  exemption provided in ss. 311 and 312 of EPCRA. The fee under
 6684  this subsection shall be based on the number of employees
 6685  employed within the state at facilities under the common
 6686  ownership or control of such owner or operator, which number
 6687  shall be determined, to the extent possible, in accordance with
 6688  data supplied by Jobs Florida or its tax collection service
 6689  provider the Department of Labor and Employment Security. In
 6690  order to avoid the duplicative reporting of seasonal and
 6691  temporary agricultural employees, fees applicable to owners or
 6692  operators of agricultural facilities, which are eligible for the
 6693  “routine agricultural use” reporting exemption provided in ss.
 6694  311 and 312 of EPCRA, shall be based on employee data which most
 6695  closely reflects such owner or operator’s permanent nonseasonal
 6696  workforce. The office department shall establish by rule the
 6697  date by which the fee is to be paid, as well as a formula or
 6698  method of determining the applicable fee under this subsection
 6699  without regard to the number of facilities under common
 6700  ownership or control. The office department may require owners
 6701  or operators of multiple facilities to demonstrate common
 6702  ownership or control for purposes of this subsection.
 6703         (3) Any owner or operator of a facility that is required to
 6704  submit a report or filing under s. 313 of EPCRA shall pay an
 6705  annual reporting fee not to exceed $150 for those s. 313 EPCRA
 6706  listed substances in effect on January 1, 2005. The office
 6707  department shall establish by rule the date by which the fee is
 6708  to be paid, as well as a formula or method of determining the
 6709  applicable fee under this subsection.
 6710         (4)(a) The office department may assess a late fee for the
 6711  failure to submit a report or filing that substantially complies
 6712  with the requirements of EPCRA or s. 252.87 by the specified
 6713  date or for failure to pay any fee, including any late fee,
 6714  required by this section. This late fee shall be in addition to
 6715  the fee otherwise imposed pursuant to this section. If the
 6716  office department elects to impose a late fee, it shall provide
 6717  the owner or operator with a written notice that identifies the
 6718  specific requirements which have not been met and advises of its
 6719  intent to assess a late fee.
 6720         (b) The office department may impose a late fee, subject to
 6721  the limitations set forth below:
 6722         1. If the report, filing, or fee is submitted within 30
 6723  days after the receipt of the office’s department’s notice, no
 6724  late fee may be assessed.
 6725         2. If the report, filing, or fee is not submitted within 30
 6726  days after the receipt of the office’s department’s notice, the
 6727  office department may impose a late fee in an amount equal to
 6728  the amount of the annual registration fee, filing fee, or s. 313
 6729  fee due, not to exceed $2,000.
 6730         3. If the report, filing, or fee is not submitted within 90
 6731  days after the receipt of the office’s department’s notice, the
 6732  office department may issue a second notice. If the report,
 6733  filing, or fee is not submitted within 30 days after receipt of
 6734  the office’s department’s second notice, the office department
 6735  may assess a second late fee in an amount equal to twice the
 6736  amount of the annual registration fee, filing fee, or s. 313 fee
 6737  due, not to exceed $4,000.
 6738         4. The office department may consider, but is not limited
 6739  to considering, the following factors in assessing late fees:
 6740  good faith attempt to comply; history of noncompliance; ability
 6741  to pay or continue in business; threat to health and safety
 6742  posed by noncompliance; and degree of culpability.
 6743         (5) The office department shall establish by rule the dates
 6744  by which the fee is to be paid, as well as a formula or method
 6745  of determining the facility registration fee and late fee.
 6746         Section 112. Subsections (1) and (3) of section 252.86,
 6747  Florida Statutes, are amended to read:
 6748         252.86 Penalties and remedies.—
 6749         (1) The owner or operator of a facility, an employer, or
 6750  any other person submitting written information pursuant to
 6751  EPCRA or this part to the commission, a committee, or a fire
 6752  department shall be liable for a civil penalty of $5,000 for
 6753  each item of information in the submission that is false, if
 6754  such person knew or should have known the information was false
 6755  or if such person submitted the information with reckless
 6756  disregard of its truth or falsity. The office department may
 6757  institute a civil action in a court of competent jurisdiction to
 6758  impose and recover a civil penalty for the amount indicated in
 6759  this subsection. However, the court may receive evidence in
 6760  mitigation.
 6761         (3) Any provision of s. 325 or s. 326 of EPCRA which
 6762  creates a federal cause of action shall create a corresponding
 6763  cause of action under state law, with jurisdiction in the
 6764  circuit courts. Any provision of s. 325 or s. 326 of EPCRA which
 6765  imposes or authorizes the imposition of a civil penalty by the
 6766  Administrator of the Environmental Protection Agency, or which
 6767  creates a liability to the United States, shall impose or
 6768  authorize the imposition of such a penalty by the office
 6769  department or create such a liability to and for the benefit of
 6770  the state, to be paid into the Operating Trust Fund. Venue shall
 6771  be proper in the county where the violation occurred or where
 6772  the defendant has its principal place of business.
 6773         Section 113. Subsections (4) and (7) of section 252.87,
 6774  Florida Statutes, are amended to read:
 6775         252.87 Supplemental state reporting requirements.—
 6776         (4) Each employer that owns or operates a facility in this
 6777  state at which hazardous materials are present in quantities at
 6778  or above the thresholds established under ss. 311(b) and 312(b)
 6779  of EPCRA shall comply with the reporting requirements of ss. 311
 6780  and 312 of EPCRA. Such employer shall also be responsible for
 6781  notifying the office department, the local emergency planning
 6782  committee, and the local fire department in writing within 30
 6783  days if there is a discontinuance or abandonment of the
 6784  employer’s business activities that could affect any stored
 6785  hazardous materials.
 6786         (7) The office department shall avoid duplicative reporting
 6787  requirements by using utilizing the reporting requirements of
 6788  other state agencies that regulate hazardous materials to the
 6789  extent feasible and shall request the information authorized
 6790  under EPCRA. With the advice and consent of the State Emergency
 6791  Response Commission for Hazardous Materials, the office
 6792  department may require by rule that the maximum daily amount
 6793  entry on the chemical inventory report required under s. 312 of
 6794  EPCRA provide for reporting in estimated actual amounts. The
 6795  office department may also require by rule an entry for the
 6796  Federal Employer Identification Number on this report. To the
 6797  extent feasible, the office department shall encourage and
 6798  accept required information in a form initiated through
 6799  electronic data interchange and shall describe by rule the
 6800  format, manner of execution, and method of electronic
 6801  transmission necessary for using such form. To the extent
 6802  feasible, the Department of Financial Services, the Department
 6803  of Agriculture and Consumer Services, the Department of
 6804  Environmental Protection, the Public Service Commission, the
 6805  Department of Revenue, the Department of Labor and Employment
 6806  Security, and other state agencies which regulate hazardous
 6807  materials shall coordinate with the office department in order
 6808  to avoid duplicative requirements contained in each agency’s
 6809  respective reporting or registration forms. The other state
 6810  agencies that inspect facilities storing hazardous materials and
 6811  suppliers and distributors of covered substances shall assist
 6812  the office department in informing the facility owner or
 6813  operator of the requirements of this part. The office department
 6814  shall provide the other state agencies with the necessary
 6815  information and materials to inform the owners and operators of
 6816  the requirements of this part to ensure that the budgets of
 6817  these agencies are not adversely affected.
 6818         Section 114. Subsection (4) of section 252.88, Florida
 6819  Statutes, is amended to read:
 6820         252.88 Public records.—
 6821         (4) The office department, the commission, and the
 6822  committees shall furnish copies of public records submitted
 6823  under EPCRA or this part, and may charge a fee of $1 per page
 6824  per person per year for over 25 pages of materials copied.
 6825         Section 115. Subsections (3), (8), (9), and (19) of section
 6826  252.936, Florida Statutes, are amended to read:
 6827         252.936 Definitions.—As used in this part, the term:
 6828         (3) “Audit” means a review of information at, a stationary
 6829  source subject to s. 112(r)(7), or submitted by, a stationary
 6830  source subject to s. 112(r)(7), to determine whether that
 6831  stationary source is in compliance with the requirements of this
 6832  part and rules adopted to administer implement this part. Audits
 6833  must include a review of the adequacy of the stationary source’s
 6834  Risk Management Plan, may consist of reviews of information
 6835  submitted to the office department or the United States
 6836  Environmental Protection Agency to determine whether the plan is
 6837  complete or whether revisions to the plan are needed, and the
 6838  reviews may be conducted at the stationary source to confirm
 6839  that information onsite is consistent with reported information.
 6840         (8) “Department” means the Department of Community Affairs.
 6841         (8)(9) “Inspection” means a review of information at a
 6842  stationary source subject to s. 112(r)(7), including
 6843  documentation and operating practices and access to the source
 6844  and to any area where an accidental release could occur, to
 6845  determine whether the stationary source is in compliance with
 6846  the requirements of this part or rules adopted to administer
 6847  implement this part.
 6848         (9) “Office” means the Office of Emergency Management in
 6849  the Executive Office of the Governor.
 6850         (19) “Trust fund” means the Operating Trust Fund of the
 6851  office established in the department’s Division of Emergency
 6852  Management.
 6853         Section 116. Section 252.937, Florida Statutes, is amended
 6854  to read:
 6855         252.937 Office Department powers and duties.—
 6856         (1) The office department has the power and duty to:
 6857         (a)1. Seek delegation from the United States Environmental
 6858  Protection Agency to implement the Accidental Release Prevention
 6859  Program under s. 112(r)(7) of the Clean Air Act and the federal
 6860  implementing regulations for specified sources subject to s.
 6861  112(r)(7) of the Clean Air Act. Implementation for all other
 6862  sources subject to s. 112(r)(7) of the Clean Air Act shall will
 6863  be performed by the United States Environmental Protection
 6864  Agency; and
 6865         2. Ensure the timely submission of Risk Management Plans
 6866  and any subsequent revisions of Risk Management Plans.
 6867         (b) Adopt, modify, and repeal rules, with the advice and
 6868  consent of the commission, necessary to obtain delegation from
 6869  the United States Environmental Protection Agency and to
 6870  administer the s. 112(r)(7) Accidental Release Prevention
 6871  Program in this state for the specified stationary sources with
 6872  no expansion or addition of the regulatory program.
 6873         (c) Make and execute contracts and other agreements
 6874  necessary or convenient to the administration implementation of
 6875  this part.
 6876         (d) Coordinate its activities under this part with its
 6877  other emergency management responsibilities, including its
 6878  responsibilities and activities under parts I, II, and III of
 6879  this chapter and with the related activities of other state and
 6880  local agencies, keeping separate accounts for all activities
 6881  conducted under this part which are supported or partially
 6882  supported from the trust fund.
 6883         (e) Establish, with the advice and consent of the
 6884  commission, a technical assistance and outreach program on or
 6885  before January 31, 1999, to assist owners and operators of
 6886  specified stationary sources subject to s. 112(r)(7) in
 6887  complying with the reporting and fee requirements of this part.
 6888  This program is designed to facilitate and ensure timely
 6889  submission of proper certifications or compliance schedules and
 6890  timely submission and registration of Risk Management Plans and
 6891  revised registrations and Risk Management Plans if when required
 6892  for these sources.
 6893         (f) Make a quarterly report to the State Emergency Response
 6894  Commission on income and expenses for the state’s Accidental
 6895  Release Prevention Program under this part.
 6896         (2) To ensure that this program is self-supporting, the
 6897  office department shall provide administrative support,
 6898  including staff, facilities, materials, and services to
 6899  implement this part for specified stationary sources subject to
 6900  s. 252.939 and shall provide necessary funding to local
 6901  emergency planning committees and county emergency management
 6902  agencies for work performed to implement this part. Each state
 6903  agency with regulatory, inspection, or technical assistance
 6904  programs for specified stationary sources subject to this part
 6905  shall enter into a memorandum of understanding with the office
 6906  department which specifically outlines how each agency’s staff,
 6907  facilities, materials, and services will be used utilized to
 6908  support implementation. At a minimum, these agencies and
 6909  programs include: the Department of Environmental Protection’s
 6910  Division of Air Resources Management and Division of Water
 6911  Resource Management, and the Department of Labor and Employment
 6912  Security’s Division of Safety. It is the Legislature’s intent to
 6913  implement this part as efficiently and economically as possible,
 6914  using existing expertise and resources, if available and
 6915  appropriate.
 6916         (3) To prevent the duplication of investigative efforts and
 6917  resources, the office department, on behalf of the commission,
 6918  shall coordinate with any federal agencies or agents thereof,
 6919  including the federal Chemical Safety and Hazard Investigation
 6920  Board, or its successor, which are performing accidental release
 6921  investigations for specified stationary sources, and may
 6922  coordinate with any agencies of the state which are performing
 6923  accidental release investigations. This accidental release
 6924  investigation coordination is not intended to limit or take the
 6925  place of any individual agency accidental release investigation
 6926  under separate authority.
 6927         (4) To promote efficient administration of this program and
 6928  specified stationary sources, the only the office agency which
 6929  may seek delegation from the United States Environmental
 6930  Protection Agency for this program is the Florida Department of
 6931  Community Affairs. Further, the office may Florida Department of
 6932  Community Affairs shall not delegate this program to any local
 6933  environmental agency.
 6934         Section 117. Section 252.943, Florida Statutes, is amended
 6935  to read:
 6936         252.943 Public records.—
 6937         (1) The office Department of Community Affairs shall
 6938  protect records, reports, or information or particular parts
 6939  thereof, other than release or emissions data, contained in a
 6940  risk management plan from public disclosure pursuant to ss.
 6941  112(r) and 114(c) of the federal Clean Air Act and authorities
 6942  cited therein, based upon a showing satisfactory to the
 6943  Administrator of the United States Environmental Protection
 6944  Agency, by any owner or operator of a stationary source subject
 6945  to the Accidental Release Prevention Program, that public
 6946  release of such records, reports, or information would divulge
 6947  methods or processes entitled to protection as trade secrets as
 6948  provided for in 40 C.F.R. part 2, subpart B. Such records,
 6949  reports, or information held by the office department are
 6950  confidential and exempt from the provisions of s. 119.07(1) and
 6951  s. 24(a), Art. I of the State Constitution, unless a final
 6952  determination has been made by the Administrator of the
 6953  Environmental Protection Agency that such records, reports, or
 6954  information are not entitled to trade secret protection, or
 6955  pursuant to an order of court.
 6956         (2) The office department shall protect records, reports,
 6957  or information or particular parts thereof, other than release
 6958  or emissions data, obtained from an investigation, inspection,
 6959  or audit from public disclosure pursuant to ss. 112(r) and
 6960  114(c) of the federal Clean Air Act and authorities cited
 6961  therein, based upon a showing satisfactory to the Administrator
 6962  of the United States Environmental Protection Agency, by any
 6963  owner or operator of a stationary source subject to the
 6964  Accidental Release Prevention Program, that public release of
 6965  such records, reports, or information would divulge methods or
 6966  processes entitled to protection as trade secrets as provided
 6967  for in 40 C.F.R. part 2, subpart B. Such records, reports, or
 6968  information held by the office department are confidential and
 6969  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
 6970  of the State Constitution, unless a final determination has been
 6971  made by the Administrator of the Environmental Protection Agency
 6972  that such records, reports, or information are not entitled to
 6973  trade secret protection, or pursuant to a court an order of
 6974  court.
 6975         Section 118. Section 252.946, Florida Statutes, is amended
 6976  to read:
 6977         252.946 Public records.—With regard to information
 6978  submitted to the United States Environmental Protection Agency
 6979  under this part or s. 112(r)(7), the office department of
 6980  Community Affairs, the State Hazardous Materials Emergency
 6981  Response Commission, and any local emergency planning committee
 6982  may assist persons in electronically accessing such information
 6983  held by the United States Environmental Protection Agency in its
 6984  centralized database. If requested, the office department, the
 6985  commission, or a committee may furnish copies of such United
 6986  States Environmental Protection Agency records.
 6987         Section 119. Paragraph (b) of subsection (1) of section
 6988  255.099, Florida Statutes, is amended to read:
 6989         255.099 Preference to state residents.—
 6990         (1) Each contract for construction that is funded by state
 6991  funds must contain a provision requiring the contractor to give
 6992  preference to the employment of state residents in the
 6993  performance of the work on the project if state residents have
 6994  substantially equal qualifications to those of nonresidents. A
 6995  contract for construction funded by local funds may contain such
 6996  a provision.
 6997         (b) A contractor required to employ state residents must
 6998  contact Jobs Florida the Agency for Workforce Innovation to post
 6999  the contractor’s employment needs in the state’s job bank
 7000  system.
 7001         Section 120. Paragraph (b) of subsection (1) of section
 7002  259.035, Florida Statutes, is amended to read:
 7003         259.035 Acquisition and Restoration Council.—
 7004         (1) There is created the Acquisition and Restoration
 7005  Council.
 7006         (b) The four five remaining appointees shall be composed of
 7007  the Secretary of Environmental Protection, the director of the
 7008  Division of Forestry of the Department of Agriculture and
 7009  Consumer Services, the executive director of the Fish and
 7010  Wildlife Conservation Commission, and the director of the
 7011  Division of Historical Resources of the Department of State, and
 7012  the secretary of the Department of Community Affairs, or their
 7013  respective designees.
 7014         Section 121. Paragraph (d) of subsection (1) of section
 7015  260.0142, Florida Statutes, is amended to read:
 7016         260.0142 Florida Greenways and Trails Council; composition;
 7017  powers and duties.—
 7018         (1) There is created within the department the Florida
 7019  Greenways and Trails Council which shall advise the department
 7020  in the execution of the department’s powers and duties under
 7021  this chapter. The council shall be composed of 20 21 members,
 7022  consisting of:
 7023         (d) The 9 10 remaining members shall include:
 7024         1. The Secretary of Environmental Protection or a designee.
 7025         2. The executive director of the Fish and Wildlife
 7026  Conservation Commission or a designee.
 7027         3. The Secretary of Community Affairs or a designee.
 7028         3.4. The Secretary of Transportation or a designee.
 7029         4.5. The Director of the Division of Forestry of the
 7030  Department of Agriculture and Consumer Services or a designee.
 7031         5.6. The director of the Division of Historical Resources
 7032  of the Department of State or a designee.
 7033         6.7. A representative of the water management districts.
 7034  Membership on the council shall rotate among the five districts.
 7035  The districts shall determine the order of rotation.
 7036         7.8. A representative of a federal land management agency.
 7037  The Secretary of Environmental Protection shall identify the
 7038  appropriate federal agency and request designation of a
 7039  representative from the agency to serve on the council.
 7040         8.9. A representative of the regional planning councils to
 7041  be appointed by the Secretary of Environmental Protection in
 7042  consultation with the Secretary of Community Affairs. Membership
 7043  on the council shall rotate among the seven regional planning
 7044  councils. The regional planning councils shall determine the
 7045  order of rotation.
 7046         9.10. A representative of local governments to be appointed
 7047  by the Secretary of Environmental Protection in consultation
 7048  with the Secretary of Community Affairs. Membership shall
 7049  alternate between a county representative and a municipal
 7050  representative.
 7051         Section 122. Section 272.11, Florida Statutes, is amended
 7052  to read:
 7053         272.11 Capitol information center.—The Jobs Florida
 7054  Partnership, Inc., Florida Commission on Tourism shall
 7055  establish, maintain, and operate a Capitol information center
 7056  somewhere within the area of the Capitol Center and employ
 7057  personnel or enter into contracts to maintain same.
 7058         Section 123. Paragraph (a) of subsection (4) of section
 7059  282.34, Florida Statutes, is amended to read:
 7060         282.34 Statewide e-mail service.—A state e-mail system that
 7061  includes the delivery and support of e-mail, messaging, and
 7062  calendaring capabilities is established as an enterprise
 7063  information technology service as defined in s. 282.0041. The
 7064  service shall be designed to meet the needs of all executive
 7065  branch agencies. The primary goals of the service are to
 7066  minimize the state investment required to establish, operate,
 7067  and support the statewide service; reduce the cost of current e
 7068  mail operations and the number of duplicative e-mail systems;
 7069  and eliminate the need for each state agency to maintain its own
 7070  e-mail staff.
 7071         (4) All agencies must be completely migrated to the
 7072  statewide e-mail service as soon as financially and
 7073  operationally feasible, but no later than June 30, 2015.
 7074         (a) The following statewide e-mail service implementation
 7075  schedule is established for state agencies:
 7076         1. Phase 1.—The following agencies must be completely
 7077  migrated to the statewide e-mail system by June 30, 2012: the
 7078  Agency for Enterprise Information Technology; the Department of
 7079  Community Affairs, including the Division of Emergency
 7080  Management; the Department of Corrections; the Department of
 7081  Health; the Department of Highway Safety and Motor Vehicles; the
 7082  Department of Management Services, including the Division of
 7083  Administrative Hearings, the Division of Retirement, the
 7084  Commission on Human Relations, and the Public Employees
 7085  Relations Commission; the Southwood Shared Resource Center; and
 7086  the Department of Revenue.
 7087         2. Phase 2.—The following agencies must be completely
 7088  migrated to the statewide e-mail system by June 30, 2013: the
 7089  Department of Business and Professional Regulation; the
 7090  Department of Education, including the Board of Governors; the
 7091  Department of Environmental Protection; the Department of
 7092  Juvenile Justice; the Department of the Lottery; the Department
 7093  of State; the Department of Law Enforcement; the Department of
 7094  Veterans’ Affairs; the Judicial Administration Commission; the
 7095  Public Service Commission; and the Statewide Guardian Ad Litem
 7096  Office.
 7097         3. Phase 3.—The following agencies must be completely
 7098  migrated to the statewide e-mail system by June 30, 2014: the
 7099  Agency for Health Care Administration; the Agency for Workforce
 7100  Innovation; the Department of Financial Services, including the
 7101  Office of Financial Regulation and the Office of Insurance
 7102  Regulation; the Department of Agriculture and Consumer Services;
 7103  the Executive Office of the Governor, including the Office of
 7104  Emergency Management; the Department of Transportation; the Fish
 7105  and Wildlife Conservation Commission; the Agency for Persons
 7106  With Disabilities; the Northwood Shared Resource Center; and the
 7107  State Board of Administration.
 7108         4. Phase 4.—The following agencies must be completely
 7109  migrated to the statewide e-mail system by June 30, 2015: the
 7110  Department of Children and Family Services; the Department of
 7111  Citrus; the Department of Elderly Affairs; and the Department of
 7112  Legal Affairs.
 7113         Section 124. Paragraphs (a) and (d) of subsection (1) and
 7114  subsection (4) of section 282.709, Florida Statutes, are amended
 7115  to read:
 7116         282.709 State agency law enforcement radio system and
 7117  interoperability network.—
 7118         (1) The department may acquire and administer a statewide
 7119  radio communications system to serve law enforcement units of
 7120  state agencies, and to serve local law enforcement agencies
 7121  through mutual aid channels.
 7122         (a) The department shall, in conjunction with the
 7123  Department of Law Enforcement and the Office Division of
 7124  Emergency Management of the Department of Community Affairs,
 7125  establish policies, procedures, and standards to be incorporated
 7126  into a comprehensive management plan for the use and operation
 7127  of the statewide radio communications system.
 7128         (d) The department shall exercise its powers and duties
 7129  under this part to plan, manage, and administer the mutual aid
 7130  channels in the statewide radio communication system.
 7131         1. In implementing such powers and duties, the department
 7132  shall consult and act in conjunction with the Department of Law
 7133  Enforcement and the Office Division of Emergency Management of
 7134  the Department of Community Affairs, and shall manage and
 7135  administer the mutual aid channels in a manner that reasonably
 7136  addresses the needs and concerns of the involved law enforcement
 7137  agencies and emergency response agencies and entities.
 7138         2. The department may make the mutual aid channels
 7139  available to federal agencies, state agencies, and agencies of
 7140  the political subdivisions of the state for the purpose of
 7141  public safety and domestic security.
 7142         (4) The department may create and administer an
 7143  interoperability network to enable interoperability between
 7144  various radio communications technologies and to serve federal
 7145  agencies, state agencies, and agencies of political subdivisions
 7146  of the state for the purpose of public safety and domestic
 7147  security.
 7148         (a) The department shall, in conjunction with the
 7149  Department of Law Enforcement and the Office Division of
 7150  Emergency Management of the Department of Community Affairs,
 7151  exercise its powers and duties pursuant to this chapter to plan,
 7152  manage, and administer the interoperability network. The office
 7153  may:
 7154         1. Enter into mutual aid agreements among federal agencies,
 7155  state agencies, and political subdivisions of the state for the
 7156  use of the interoperability network.
 7157         2. Establish the cost of maintenance and operation of the
 7158  interoperability network and charge subscribing federal and
 7159  local law enforcement agencies for access and use of the
 7160  network. The department may not charge state law enforcement
 7161  agencies identified in paragraph (2)(a) to use the network.
 7162         3. In consultation with the Department of Law Enforcement
 7163  and the Office Division of Emergency Management of the
 7164  Department of Community Affairs, amend and enhance the statewide
 7165  radio communications system as necessary to implement the
 7166  interoperability network.
 7167         (b) The department, in consultation with the Joint Task
 7168  Force on State Agency Law Enforcement Communications, and in
 7169  conjunction with the Department of Law Enforcement and the
 7170  Office Division of Emergency Management of the Department of
 7171  Community Affairs, shall establish policies, procedures, and
 7172  standards to incorporate into a comprehensive management plan
 7173  for the use and operation of the interoperability network.
 7174         Section 125. Section 287.09431, Florida Statutes, is
 7175  amended to read:
 7176         287.09431 Statewide and interlocal agreement on
 7177  certification of business concerns for the status of minority
 7178  business enterprise.—The statewide and interlocal agreement on
 7179  certification of business concerns for the status of minority
 7180  business enterprise is hereby enacted and entered into with all
 7181  jurisdictions or organizations legally joining therein. If,
 7182  within 2 years from the date that the certification core
 7183  criteria are approved by the Department of Management Services
 7184  Department of Labor and Employment Security, the agreement
 7185  included herein is not executed by a majority of county and
 7186  municipal governing bodies that administer a minority business
 7187  assistance program on the effective date of this act, then the
 7188  Legislature shall review this agreement. It is the intent of the
 7189  Legislature that if the agreement is not executed by a majority
 7190  of the requisite governing bodies, then a statewide uniform
 7191  certification process should be adopted, and that said agreement
 7192  should be repealed and replaced by a mandatory state government
 7193  certification process.
 7194  
 7195                              ARTICLE I                            
 7196  
 7197         PURPOSE, FINDINGS, AND POLICY.—
 7198         (1) The parties to this agreement, desiring by common
 7199  action to establish a uniform certification process in order to
 7200  reduce the multiplicity of applications by business concerns to
 7201  state and local governmental programs for minority business
 7202  assistance, declare that it is the policy of each of them, on
 7203  the basis of cooperation with one another, to remedy social and
 7204  economic disadvantage suffered by certain groups, resulting in
 7205  their being historically underutilized in ownership and control
 7206  of commercial enterprises. Thus, the parties seek to address
 7207  this history by increasing the participation of the identified
 7208  groups in opportunities afforded by government procurement.
 7209         (2) The parties find that the State of Florida presently
 7210  certifies firms for participation in the minority business
 7211  assistance programs of the state. The parties find further that
 7212  some counties, municipalities, school boards, special districts,
 7213  and other divisions of local government require a separate, yet
 7214  similar, and in most cases redundant certification in order for
 7215  businesses to participate in the programs sponsored by each
 7216  government entity.
 7217         (3) The parties find further that this redundant
 7218  certification has proven to be unduly burdensome to the
 7219  minority-owned firms intended to benefit from the underlying
 7220  purchasing incentives.
 7221         (4) The parties agree that:
 7222         (a) They will facilitate integrity, stability, and
 7223  cooperation in the statewide and interlocal certification
 7224  process, and in other elements of programs established to assist
 7225  minority-owned businesses.
 7226         (b) They shall cooperate with agencies, organizations, and
 7227  associations interested in certification and other elements of
 7228  minority business assistance.
 7229         (c) It is the purpose of this agreement to provide for a
 7230  uniform process whereby the status of a business concern may be
 7231  determined in a singular review of the business information for
 7232  these purposes, in order to eliminate any undue expense, delay,
 7233  or confusion to the minority-owned businesses in seeking to
 7234  participate in the minority business assistance programs of
 7235  state and local jurisdictions.
 7236  
 7237                             ARTICLE II                            
 7238  
 7239         DEFINITIONS.—As used in this agreement and contracts made
 7240  pursuant to it, unless the context clearly requires otherwise:
 7241         (1) “Awarding organization” means any political subdivision
 7242  or organization authorized by law, ordinance, or agreement to
 7243  enter into contracts and for which the governing body has
 7244  entered into this agreement.
 7245         (2) “Department” means the Department of Management
 7246  Services Department of Labor and Employment Security.
 7247         (3) “Minority” means a person who is a lawful, permanent
 7248  resident of the state, having origins in one of the minority
 7249  groups as described and adopted by the Department of Management
 7250  Services Department of Labor and Employment Security, hereby
 7251  incorporated by reference.
 7252         (4) “Minority business enterprise” means any small business
 7253  concern as defined in subsection (6) that meets all of the
 7254  criteria described and adopted by the Department of Management
 7255  Services Department of Labor and Employment Security, hereby
 7256  incorporated by reference.
 7257         (5) “Participating state or local organization” means any
 7258  political subdivision of the state or organization designated by
 7259  such that elects to participate in the certification process
 7260  pursuant to this agreement, which has been approved according to
 7261  s. 287.0943(3) and has legally entered into this agreement.
 7262         (6) “Small business concern” means an independently owned
 7263  and operated business concern which is of a size and type as
 7264  described and adopted by vote related to this agreement of the
 7265  commission, hereby incorporated by reference.
 7266  
 7267                             ARTICLE III                           
 7268  
 7269         STATEWIDE AND INTERLOCAL CERTIFICATIONS.—
 7270         (1) All awarding organizations shall accept a certification
 7271  granted by any participating organization which has been
 7272  approved according to s. 287.0943(3) and has entered into this
 7273  agreement, as valid status of minority business enterprise.
 7274         (2) A participating organization shall certify a business
 7275  concern that meets the definition of minority business
 7276  enterprise in this agreement, in accordance with the duly
 7277  adopted eligibility criteria.
 7278         (3) All participating organizations shall issue notice of
 7279  certification decisions granting or denying certification to all
 7280  other participating organizations within 14 days of the
 7281  decision. Such notice may be made through electronic media.
 7282         (4) No certification will be granted without an onsite
 7283  visit to verify ownership and control of the prospective
 7284  minority business enterprise, unless verification can be
 7285  accomplished by other methods of adequate verification or
 7286  assessment of ownership and control.
 7287         (5) The certification of a minority business enterprise
 7288  pursuant to the terms of this agreement shall not be suspended,
 7289  revoked, or otherwise impaired except on any grounds which would
 7290  be sufficient for revocation or suspension of a certification in
 7291  the jurisdiction of the participating organization.
 7292         (6) The certification determination of a party may be
 7293  challenged by any other participating organization by the
 7294  issuance of a timely written notice by the challenging
 7295  organization to the certifying organization’s determination
 7296  within 10 days of receiving notice of the certification
 7297  decision, stating the grounds therefor.
 7298         (7) The sole accepted grounds for challenge shall be the
 7299  failure of the certifying organization to adhere to the adopted
 7300  criteria or the certifying organization’s rules or procedures,
 7301  or the perpetuation of a misrepresentation or fraud by the firm.
 7302         (8) The certifying organization shall reexamine its
 7303  certification determination and submit written notice to the
 7304  applicant and the challenging organization of its findings
 7305  within 30 days after the receipt of the notice of challenge.
 7306         (9) If the certification determination is affirmed, the
 7307  challenging agency may subsequently submit timely written notice
 7308  to the firm of its intent to revoke certification of the firm.
 7309  
 7310                             ARTICLE IV                            
 7311  
 7312         APPROVED AND ACCEPTED PROGRAMS.—Nothing in this agreement
 7313  shall be construed to repeal or otherwise modify any ordinance,
 7314  law, or regulation of a party relating to the existing minority
 7315  business assistance provisions and procedures by which minority
 7316  business enterprises participate therein.
 7317  
 7318                              ARTICLE V                            
 7319  
 7320         TERM.—The term of the agreement shall be 5 years, after
 7321  which it may be reexecuted by the parties.
 7322  
 7323                             ARTICLE VI                            
 7324  
 7325         AGREEMENT EVALUATION.—The designated state and local
 7326  officials may meet from time to time as a group to evaluate
 7327  progress under the agreement, to formulate recommendations for
 7328  changes, or to propose a new agreement.
 7329  
 7330                             ARTICLE VII                           
 7331  
 7332         OTHER ARRANGEMENTS.—Nothing in this agreement shall be
 7333  construed to prevent or inhibit other arrangements or practices
 7334  of any party in order to comply with federal law.
 7335  
 7336                            ARTICLE VIII                           
 7337  
 7338         EFFECT AND WITHDRAWAL.—
 7339         (1) This agreement shall become effective when properly
 7340  executed by a legal representative of the participating
 7341  organization, when enacted into the law of the state and after
 7342  an ordinance or other legislation is enacted into law by the
 7343  governing body of each participating organization. Thereafter it
 7344  shall become effective as to any participating organization upon
 7345  the enactment of this agreement by the governing body of that
 7346  organization.
 7347         (2) Any party may withdraw from this agreement by enacting
 7348  legislation repealing the same, but no such withdrawal shall
 7349  take effect until one year after the governing body of the
 7350  withdrawing party has given notice in writing of the withdrawal
 7351  to the other parties.
 7352         (3) No withdrawal shall relieve the withdrawing party of
 7353  any obligations imposed upon it by law.
 7354  
 7355                             ARTICLE IX                            
 7356  
 7357         FINANCIAL RESPONSIBILITY.—
 7358         (1) A participating organization shall not be financially
 7359  responsible or liable for the obligations of any other
 7360  participating organization related to this agreement.
 7361         (2) The provisions of this agreement shall constitute
 7362  neither a waiver of any governmental immunity under Florida law
 7363  nor a waiver of any defenses of the parties under Florida law.
 7364  The provisions of this agreement are solely for the benefit of
 7365  its executors and not intended to create or grant any rights,
 7366  contractual or otherwise, to any person or entity.
 7367  
 7368                              ARTICLE X                            
 7369  
 7370         VENUE AND GOVERNING LAW.—The obligations of the parties to
 7371  this agreement are performable only within the county where the
 7372  participating organization is located, and statewide for the
 7373  Office of Supplier Diversity, and venue for any legal action in
 7374  connection with this agreement shall lie, for any participating
 7375  organization except the Office of Supplier Diversity,
 7376  exclusively in the county where the participating organization
 7377  is located. This agreement shall be governed by and construed in
 7378  accordance with the laws and court decisions of the state.
 7379  
 7380                             ARTICLE XI                            
 7381  
 7382         CONSTRUCTION AND SEVERABILITY.—This agreement shall be
 7383  liberally construed so as to effectuate the purposes thereof.
 7384  The provisions of this agreement shall be severable and if any
 7385  phrase, clause, sentence, or provision of this agreement is
 7386  declared to be contrary to the State Constitution or the United
 7387  States Constitution, or the application thereof to any
 7388  government, agency, person, or circumstance is held invalid, the
 7389  validity of the remainder of this agreement and the
 7390  applicability thereof to any government, agency, person, or
 7391  circumstance shall not be affected thereby. If this agreement
 7392  shall be held contrary to the State Constitution, the agreement
 7393  shall remain in full force and effect as to all severable
 7394  matters.
 7395         Section 126. Paragraphs (h) and (o) of subsection (4) of
 7396  section 287.09451, Florida Statutes, are amended to read:
 7397         287.09451 Office of Supplier Diversity; powers, duties, and
 7398  functions.—
 7399         (4) The Office of Supplier Diversity shall have the
 7400  following powers, duties, and functions:
 7401         (h) To develop procedures to investigate complaints against
 7402  minority business enterprises or contractors alleged to violate
 7403  any provision related to this section or s. 287.0943, that may
 7404  include visits to worksites or business premises, and to refer
 7405  all information on businesses suspected of misrepresenting
 7406  minority status to the Department of Management Services for
 7407  investigation. When an investigation is completed and there is
 7408  reason to believe that a violation has occurred, the Department
 7409  of Labor and Employment Security shall refer the matter shall be
 7410  referred to the office of the Attorney General, Department of
 7411  Legal Affairs, for prosecution.
 7412         (o)1. To establish a system to record and measure the use
 7413  of certified minority business enterprises in state contracting.
 7414  This system shall maintain information and statistics on
 7415  certified minority business enterprise participation, awards,
 7416  dollar volume of expenditures and agency goals, and other
 7417  appropriate types of information to analyze progress in the
 7418  access of certified minority business enterprises to state
 7419  contracts and to monitor agency compliance with this section.
 7420  Such reporting must include, but is not limited to, the
 7421  identification of all subcontracts in state contracting by
 7422  dollar amount and by number of subcontracts and the
 7423  identification of the utilization of certified minority business
 7424  enterprises as prime contractors and subcontractors by dollar
 7425  amounts of contracts and subcontracts, number of contracts and
 7426  subcontracts, minority status, industry, and any conditions or
 7427  circumstances that significantly affected the performance of
 7428  subcontractors. Agencies shall report their compliance with the
 7429  requirements of this reporting system at least annually and at
 7430  the request of the office. All agencies shall cooperate with the
 7431  office in establishing this reporting system. Except in
 7432  construction contracting, all agencies shall review contracts
 7433  costing in excess of CATEGORY FOUR as defined in s. 287.017 to
 7434  determine if such contracts could be divided into smaller
 7435  contracts to be separately solicited and awarded, and shall,
 7436  when economical, offer such smaller contracts to encourage
 7437  minority participation.
 7438         2. To report agency compliance with the provisions of
 7439  subparagraph 1. for the preceding fiscal year to the Governor
 7440  and Cabinet, the President of the Senate, and the Speaker of the
 7441  House of Representatives, and the secretary of the Department of
 7442  Labor and Employment Security on or before February 1 of each
 7443  year. The report must contain, at a minimum, the following:
 7444         a. Total expenditures of each agency by industry.
 7445         b. The dollar amount and percentage of contracts awarded to
 7446  certified minority business enterprises by each state agency.
 7447         c. The dollar amount and percentage of contracts awarded
 7448  indirectly to certified minority business enterprises as
 7449  subcontractors by each state agency.
 7450         d. The total dollar amount and percentage of contracts
 7451  awarded to certified minority business enterprises, whether
 7452  directly or indirectly, as subcontractors.
 7453         e. A statement and assessment of good faith efforts taken
 7454  by each state agency.
 7455         f. A status report of agency compliance with subsection
 7456  (6), as determined by the Minority Business Enterprise Office.
 7457         Section 127. Subsections (1) and (5) of section 287.0947,
 7458  Florida Statutes, are amended to read:
 7459         287.0947 Florida Advisory Council on Small and Minority
 7460  Business Development; creation; membership; duties.—
 7461         (1) On or after October 1, 1996, The Secretary of
 7462  Management Services the Department of Labor and Employment
 7463  Security may create the Florida Advisory Council on Small and
 7464  Minority Business Development with the purpose of advising and
 7465  assisting the secretary in carrying out the secretary’s duties
 7466  with respect to minority businesses and economic and business
 7467  development. It is the intent of the Legislature that the
 7468  membership of such council include practitioners, laypersons,
 7469  financiers, and others with business development experience who
 7470  can provide invaluable insight and expertise for this state in
 7471  the diversification of its markets and networking of business
 7472  opportunities. The council shall initially consist of 19
 7473  persons, each of whom is or has been actively engaged in small
 7474  and minority business development, either in private industry,
 7475  in governmental service, or as a scholar of recognized
 7476  achievement in the study of such matters. Initially, the council
 7477  shall consist of members representing all regions of the state
 7478  and shall include at least one member from each group identified
 7479  within the definition of “minority person” in s. 288.703(3),
 7480  considering also gender and nationality subgroups, and shall
 7481  consist of the following:
 7482         (a) Four members consisting of representatives of local and
 7483  federal small and minority business assistance programs or
 7484  community development programs.
 7485         (b) Eight members composed of representatives of the
 7486  minority private business sector, including certified minority
 7487  business enterprises and minority supplier development councils,
 7488  among whom at least two shall be women and at least four shall
 7489  be minority persons.
 7490         (c) Two representatives of local government, one of whom
 7491  shall be a representative of a large local government, and one
 7492  of whom shall be a representative of a small local government.
 7493         (d) Two representatives from the banking and insurance
 7494  industry.
 7495         (e) Two members from the private business sector,
 7496  representing the construction and commodities industries.
 7497         (f) A member from the board of directors of the Jobs
 7498  Florida Partnership, Inc The chairperson of the Florida Black
 7499  Business Investment Board or the chairperson’s designee.
 7500  
 7501  A candidate for appointment may be considered if eligible to be
 7502  certified as an owner of a minority business enterprise, or if
 7503  otherwise qualified under the criteria above. Vacancies may be
 7504  filled by appointment of the secretary, in the manner of the
 7505  original appointment.
 7506         (5) The powers and duties of the council include, but are
 7507  not limited to: researching and reviewing the role of small and
 7508  minority businesses in the state’s economy; reviewing issues and
 7509  emerging topics relating to small and minority business economic
 7510  development; studying the ability of financial markets and
 7511  institutions to meet small business credit needs and determining
 7512  the impact of government demands on credit for small businesses;
 7513  assessing the implementation of s. 187.201(21) 187.201(22),
 7514  requiring a state economic development comprehensive plan, as it
 7515  relates to small and minority businesses; assessing the
 7516  reasonableness and effectiveness of efforts by any state agency
 7517  or by all state agencies collectively to assist minority
 7518  business enterprises; and advising the Governor, the secretary,
 7519  and the Legislature on matters relating to small and minority
 7520  business development which are of importance to the
 7521  international strategic planning and activities of this state.
 7522         Section 128. Section 288.012, Florida Statutes, is amended
 7523  to read:
 7524         288.012 State of Florida international foreign offices.—The
 7525  Legislature finds that the expansion of international trade and
 7526  tourism is vital to the overall health and growth of the economy
 7527  of this state. This expansion is hampered by the lack of
 7528  technical and business assistance, financial assistance, and
 7529  information services for businesses in this state. The
 7530  Legislature finds that these businesses could be assisted by
 7531  providing these services at State of Florida international
 7532  foreign offices. The Legislature further finds that the
 7533  accessibility and provision of services at these offices can be
 7534  enhanced through cooperative agreements or strategic alliances
 7535  between private businesses and state entities, local entities,
 7536  and international governmental foreign entities, and private
 7537  businesses.
 7538         (1) Jobs Florida The Office of Tourism, Trade, and Economic
 7539  Development is authorized to:
 7540         (a) Establish and operate offices in other foreign
 7541  countries for the purpose of promoting the trade and economic
 7542  development opportunities of the state, and promoting the
 7543  gathering of trade data information and research on trade
 7544  opportunities in specific countries.
 7545         (b) Enter into agreements with governmental and private
 7546  sector entities to establish and operate offices in other
 7547  foreign countries containing provisions which may be in conflict
 7548  with general laws of the state pertaining to the purchase of
 7549  office space, employment of personnel, and contracts for
 7550  services. When agreements pursuant to this section are made
 7551  which set compensation in foreign currency, such agreements
 7552  shall be subject to the requirements of s. 215.425, but the
 7553  purchase of foreign currency by Jobs Florida the Office of
 7554  Tourism, Trade, and Economic Development to meet such
 7555  obligations shall be subject only to s. 216.311.
 7556         (2) Each international foreign office shall have in place
 7557  an operational plan approved by the participating boards or
 7558  other governing authority, a copy of which shall be provided to
 7559  Jobs Florida the Office of Tourism, Trade, and Economic
 7560  Development. These operating plans shall be reviewed and updated
 7561  each fiscal year and shall include, at a minimum, the following:
 7562         (a) Specific policies and procedures encompassing the
 7563  entire scope of the operation and management of each office.
 7564         (b) A comprehensive, commercial strategic plan identifying
 7565  marketing opportunities and industry sector priorities for the
 7566  foreign country or area in which an international a foreign
 7567  office is located.
 7568         (c) Provisions for access to information for Florida
 7569  businesses through the Florida Trade Data Center. Each
 7570  international foreign office shall obtain and forward trade
 7571  leads and inquiries to the center on a regular basis.
 7572         (d) Identification of new and emerging market opportunities
 7573  for Florida businesses. Each international foreign office shall
 7574  provide the Florida Trade Data Center with a compilation of
 7575  foreign buyers and importers in industry sector priority areas
 7576  on an annual basis. In return, the Florida Trade Data Center
 7577  shall make available to each international foreign office, and
 7578  to the Jobs Florida Partnership Enterprise Florida, Inc., the
 7579  Florida Commission on Tourism, the Florida Ports Council, the
 7580  Department of State, the Department of Citrus, and the
 7581  Department of Agriculture and Consumer Services, trade industry,
 7582  commodity, and opportunity information. This information shall
 7583  be provided to such offices and entities either free of charge
 7584  or on a fee basis with fees set only to recover the costs of
 7585  providing the information.
 7586         (e) Provision of access for Florida businesses to the
 7587  services of the Florida Trade Data Center, international trade
 7588  assistance services provided by state and local entities,
 7589  seaport and airport information, and other services identified
 7590  by Jobs Florida the Office of Tourism, Trade, and Economic
 7591  Development.
 7592         (f) Qualitative and quantitative performance measures for
 7593  each office, including, but not limited to, the number of
 7594  businesses assisted, the number of trade leads and inquiries
 7595  generated, the number of international foreign buyers and
 7596  importers contacted, and the amount and type of marketing
 7597  conducted.
 7598         (3) By October 1 of each year, each international foreign
 7599  office shall submit to Jobs Florida the Office of Tourism,
 7600  Trade, and Economic Development a complete and detailed report
 7601  on its activities and accomplishments during the preceding
 7602  fiscal year. In a format provided by the Jobs Florida
 7603  Partnership Enterprise Florida, Inc., the report must set forth
 7604  information on:
 7605         (a) The number of Florida companies assisted.
 7606         (b) The number of inquiries received about investment
 7607  opportunities in this state.
 7608         (c) The number of trade leads generated.
 7609         (d) The number of investment projects announced.
 7610         (e) The estimated U.S. dollar value of sales confirmations.
 7611         (f) The number of representation agreements.
 7612         (g) The number of company consultations.
 7613         (h) Barriers or other issues affecting the effective
 7614  operation of the office.
 7615         (i) Changes in office operations which are planned for the
 7616  current fiscal year.
 7617         (j) Marketing activities conducted.
 7618         (k) Strategic alliances formed with organizations in the
 7619  country in which the office is located.
 7620         (l) Activities conducted with Florida’s other Florida
 7621  international foreign offices.
 7622         (m) Any other information that the office believes would
 7623  contribute to an understanding of its activities.
 7624         (4) Jobs Florida The Office of Tourism, Trade, and Economic
 7625  Development, in connection with the establishment, operation,
 7626  and management of any of its offices located in another a
 7627  foreign country, is exempt from the provisions of ss. 255.21,
 7628  255.25, and 255.254 relating to leasing of buildings; ss. 283.33
 7629  and 283.35 relating to bids for printing; ss. 287.001-287.20
 7630  relating to purchasing and motor vehicles; and ss. 282.003
 7631  282.0056 and 282.702-282.7101 relating to communications, and
 7632  from all statutory provisions relating to state employment.
 7633         (a) Jobs Florida The Office of Tourism, Trade, and Economic
 7634  Development may exercise such exemptions only upon prior
 7635  approval of the Governor.
 7636         (b) If approval for an exemption under this section is
 7637  granted as an integral part of a plan of operation for a
 7638  specified international foreign office, such action shall
 7639  constitute continuing authority for Jobs Florida the Office of
 7640  Tourism, Trade, and Economic Development to exercise the
 7641  exemption, but only in the context and upon the terms originally
 7642  granted. Any modification of the approved plan of operation with
 7643  respect to an exemption contained therein must be resubmitted to
 7644  the Governor for his or her approval. An approval granted to
 7645  exercise an exemption in any other context shall be restricted
 7646  to the specific instance for which the exemption is to be
 7647  exercised.
 7648         (c) As used in this subsection, the term “plan of
 7649  operation” means the plan developed pursuant to subsection (2).
 7650         (d) Upon final action by the Governor with respect to a
 7651  request to exercise the exemption authorized in this subsection,
 7652  Jobs Florida the Office of Tourism, Trade, and Economic
 7653  Development shall report such action, along with the original
 7654  request and any modifications thereto, to the President of the
 7655  Senate and the Speaker of the House of Representatives within 30
 7656  days.
 7657         (5) Where feasible and appropriate, international and
 7658  subject to s. 288.1224(9), foreign offices established and
 7659  operated under this section may provide one-stop access to the
 7660  economic development, trade, and tourism information, services,
 7661  and programs of the state. Where feasible and appropriate, and
 7662  subject to s. 288.1224(9), such offices may also be collocated
 7663  with other international foreign offices of the state.
 7664         (6) Jobs Florida The Office of Tourism, Trade, and Economic
 7665  Development is authorized to make and to enter into contracts
 7666  with the Jobs Florida Partnership Enterprise Florida, Inc., and
 7667  the Florida Commission on Tourism to carry out the provisions of
 7668  this section. The authority, duties, and exemptions provided in
 7669  this section apply to the Jobs Florida Partnership Enterprise
 7670  Florida, Inc., and the Florida Commission on Tourism to the same
 7671  degree and subject to the same conditions as applied to Jobs
 7672  Florida the Office of Tourism, Trade, and Economic Development.
 7673  To the greatest extent possible, such contracts shall include
 7674  provisions for cooperative agreements or strategic alliances
 7675  between private businesses and state entities, international,
 7676  foreign entities, and local governmental entities, and private
 7677  businesses to operate international foreign offices.
 7678         Section 129. Subsections (1) and (3) of section 288.017,
 7679  Florida Statutes, are amended to read:
 7680         288.017 Cooperative advertising matching grants program.—
 7681         (1) The Florida Commission on Tourism is authorized to
 7682  establish a cooperative advertising matching grants program and,
 7683  pursuant thereto, to make expenditures and enter into contracts
 7684  with local governments and nonprofit corporations for the
 7685  purpose of publicizing the tourism advantages of the state. Jobs
 7686  Florida The Office of Tourism, Trade, and Economic Development,
 7687  based on recommendations from the Florida Commission on Tourism,
 7688  shall have final approval of grants awarded through this
 7689  program. The commission may contract with its direct-support
 7690  organization to administer the program.
 7691         (3) The Florida Commission on Tourism shall conduct an
 7692  annual competitive selection process for the award of grants
 7693  under the program. In determining its recommendations for the
 7694  grant awards, the commission shall consider the demonstrated
 7695  need of the applicant for advertising assistance, the
 7696  feasibility and projected benefit of the applicant’s proposal,
 7697  the amount of nonstate funds that will be leveraged, and such
 7698  other criteria as the commission deems appropriate. In
 7699  evaluating grant applications, Jobs Florida the Office shall
 7700  consider recommendations from the Florida Commission on Tourism.
 7701  Jobs Florida the Office, however, has final approval authority
 7702  for any grant under this section.
 7703         Section 130. Section 288.018, Florida Statutes, is amended
 7704  to read:
 7705         288.018 Regional Rural Development Grants Program.—
 7706         (1) Jobs Florida The Office of Tourism, Trade, and Economic
 7707  Development shall establish a matching grant program to provide
 7708  funding to regionally based economic development organizations
 7709  representing rural counties and communities for the purpose of
 7710  building the professional capacity of their organizations. Such
 7711  matching grants may also be used by an economic development
 7712  organization to provide technical assistance to businesses
 7713  within the rural counties and communities that it serves. Jobs
 7714  Florida The Office of Tourism, Trade, and Economic Development
 7715  is authorized to approve, on an annual basis, grants to such
 7716  regionally based economic development organizations. The maximum
 7717  amount an organization may receive in any year will be $35,000,
 7718  or $100,000 in a rural area of critical economic concern
 7719  recommended by the Rural Economic Development Initiative and
 7720  designated by the Governor, and must be matched each year by an
 7721  equivalent amount of nonstate resources.
 7722         (2) In approving the participants, Jobs Florida the Office
 7723  of Tourism, Trade, and Economic Development shall consider the
 7724  demonstrated need of the applicant for assistance and require
 7725  the following:
 7726         (a) Documentation of official commitments of support from
 7727  each of the units of local government represented by the
 7728  regional organization.
 7729         (b) Demonstration that each unit of local government has
 7730  made a financial or in-kind commitment to the regional
 7731  organization.
 7732         (c) Demonstration that the private sector has made
 7733  financial or in-kind commitments to the regional organization.
 7734         (d) Demonstration that the organization is in existence and
 7735  actively involved in economic development activities serving the
 7736  region.
 7737         (e) Demonstration of the manner in which the organization
 7738  is or will coordinate its efforts with those of other local and
 7739  state organizations.
 7740         (3) Jobs Florida The Office of Tourism, Trade, and Economic
 7741  Development may also contract for the development of an
 7742  enterprise zone web portal or websites for each enterprise zone
 7743  which will be used to market the program for job creation in
 7744  disadvantaged urban and rural enterprise zones. Each enterprise
 7745  zone web page should include downloadable links to state forms
 7746  and information, as well as local message boards that help
 7747  businesses and residents receive information concerning zone
 7748  boundaries, job openings, zone programs, and neighborhood
 7749  improvement activities.
 7750         (4) Jobs Florida The Office of Tourism, Trade, and Economic
 7751  Development may expend up to $750,000 each fiscal year from
 7752  funds appropriated to the Rural Community Development Revolving
 7753  Loan Fund for the purposes outlined in this section. Jobs
 7754  Florida The Office of Tourism, Trade, and Economic Development
 7755  may contract with the Jobs Florida Partnership Enterprise
 7756  Florida, Inc., for the administration of the purposes specified
 7757  in this section. Funds released to the Jobs Florida Partnership
 7758  Enterprise Florida, Inc., for this purpose shall be released
 7759  quarterly and shall be calculated based on the applications in
 7760  process.
 7761         Section 131. Subsection (4) of section 288.019, Florida
 7762  Statutes, is amended to read:
 7763         288.019 Rural considerations in grant review and evaluation
 7764  processes.—Notwithstanding any other law, and to the fullest
 7765  extent possible, the member agencies and organizations of the
 7766  Rural Economic Development Initiative (REDI) as defined in s.
 7767  288.0656(6)(a) shall review all grant and loan application
 7768  evaluation criteria to ensure the fullest access for rural
 7769  counties as defined in s. 288.0656(2) to resources available
 7770  throughout the state.
 7771         (4) For existing programs, the modified evaluation criteria
 7772  and scoring procedure must be delivered to Jobs Florida the
 7773  Office of Tourism, Trade, and Economic Development for
 7774  distribution to the REDI agencies and organizations. The REDI
 7775  agencies and organizations shall review and make comments.
 7776  Future rules, programs, evaluation criteria, and scoring
 7777  processes must be brought before a REDI meeting for review,
 7778  discussion, and recommendation to allow rural counties fuller
 7779  access to the state’s resources.
 7780         Section 132. Subsection (1) of section 288.021, Florida
 7781  Statutes, is amended to read:
 7782         288.021 Economic development liaison.—
 7783         (1) The heads of the Department of Transportation, the
 7784  Department of Environmental Protection and an additional member
 7785  appointed by the secretary of the department, the Department of
 7786  Labor and Employment Security, the Department of Education, the
 7787  Department of Community Affairs, the Department of Management
 7788  Services, the Department of Revenue, the Fish and Wildlife
 7789  Conservation Commission, each water management district, and
 7790  each Department of Transportation District office shall
 7791  designate a high-level staff member from within such agency to
 7792  serve as the economic development liaison for the agency. This
 7793  person shall report to the agency head and have general
 7794  knowledge both of the state’s permitting and other regulatory
 7795  functions and of the state’s economic goals, policies, and
 7796  programs. This person shall also be the primary point of contact
 7797  for the agency with Jobs Florida the Office of Tourism, Trade,
 7798  and Economic Development on issues and projects important to the
 7799  economic development of Florida, including its rural areas, to
 7800  expedite project review, to ensure a prompt, effective response
 7801  to problems arising with regard to permitting and regulatory
 7802  functions, and to work closely with the other economic
 7803  development liaisons to resolve interagency conflicts.
 7804         Section 133. Subsection (1) of section 288.035, Florida
 7805  Statutes, is amended to read:
 7806         288.035 Economic development activities.—
 7807         (1) The Florida Public Service Commission may authorize
 7808  public utilities to recover reasonable economic development
 7809  expenses. For purposes of this section, recoverable “economic
 7810  development expenses” are those expenses described in subsection
 7811  (2) which are consistent with criteria to be established by
 7812  rules adopted by Jobs Florida the Department of Commerce as of
 7813  June 30, 1996, or as those criteria are later modified by the
 7814  Office of Tourism, Trade, and Economic Development.
 7815         Section 134. Section 288.047, Florida Statutes, is amended
 7816  to read:
 7817         288.047 Quick-response training for economic development.—
 7818         (1) The Quick-Response Training Program is created within
 7819  Jobs Florida to meet the workforce-skill needs of existing, new,
 7820  and expanding industries. The program shall be administered in
 7821  conjunction with by Workforce Florida, Inc., the Jobs Florida
 7822  Partnership in conjunction with Enterprise Florida, Inc., and
 7823  the Department of Education. Workforce Florida, Inc., shall
 7824  adopt guidelines for the administration of this program.
 7825  Workforce Florida, Inc., shall provide technical services and
 7826  shall help identify businesses that seek services through the
 7827  program. Workforce Florida, Inc., may contract with Enterprise
 7828  Florida, Inc., or administer this program directly, if it is
 7829  determined that such an arrangement maximizes the amount of the
 7830  Quick Response grant going to direct services.
 7831         (2) Jobs Florida Workforce Florida, Inc., shall ensure that
 7832  instruction funded pursuant to this section is not available
 7833  through the local community college or school district and that
 7834  the instruction promotes economic development by providing
 7835  specialized training to new workers or retraining for current
 7836  employees to meet changing skill requirements caused by new
 7837  technology or new product lines and to prevent potential
 7838  layoffs. Such funds may not be expended to provide training for
 7839  instruction related to retail businesses or to reimburse
 7840  businesses for trainee wages. Funds made available pursuant to
 7841  this section may not be expended in connection with the
 7842  relocation of a business from one community to another community
 7843  in this state unless Jobs Florida Workforce Florida, Inc.,
 7844  determines that without such relocation the business will move
 7845  outside this state or determines that the business has a
 7846  compelling economic rationale for the relocation which creates
 7847  additional jobs.
 7848         (3) Requests for funding through the Quick-Response
 7849  Training Program may be produced through inquiries from a
 7850  specific business or industry, inquiries from a school district
 7851  director of career education or community college occupational
 7852  dean on behalf of a business or industry, or through official
 7853  state or local economic development efforts. In allocating funds
 7854  for the purposes of the program, Jobs Florida Workforce Florida,
 7855  Inc., shall establish criteria for approval of requests for
 7856  funding and shall select the entity that provides the most
 7857  efficient, cost-effective instruction meeting such criteria.
 7858  Program funds may be allocated to any career center, community
 7859  college, or state university. Program funds may be allocated to
 7860  private postsecondary institutions only upon a review that
 7861  includes, but is not limited to, accreditation and licensure
 7862  documentation and prior approval by Jobs Florida Workforce
 7863  Florida, Inc. Instruction funded through the program must
 7864  terminate when participants demonstrate competence at the level
 7865  specified in the request; however, the grant term may not exceed
 7866  24 months. Costs and expenditures for the Quick-Response
 7867  Training Program must be documented and separated from those
 7868  incurred by the training provider.
 7869         (4) For the first 6 months of each fiscal year, Jobs
 7870  Florida Workforce Florida, Inc., shall set aside 30 percent of
 7871  the amount appropriated for the Quick-Response Training Program
 7872  by the Legislature to fund instructional programs for businesses
 7873  located in an enterprise zone or brownfield area. Any
 7874  unencumbered funds remaining undisbursed from this set-aside at
 7875  the end of the 6-month period may be used to provide funding for
 7876  any program qualifying for funding pursuant to this section.
 7877         (5) Before Prior to the allocation of funds for any request
 7878  pursuant to this section, Jobs Florida Workforce Florida, Inc.,
 7879  shall prepare a grant agreement between the business or industry
 7880  requesting funds, the educational institution receiving funding
 7881  through the program, and Jobs Florida Workforce Florida, Inc.
 7882  Such agreement must include, but is not limited to:
 7883         (a) An identification of the personnel necessary to conduct
 7884  the instructional program, the qualifications of such personnel,
 7885  and the respective responsibilities of the parties for paying
 7886  costs associated with the employment of such personnel.
 7887         (b) An identification of the estimated length of the
 7888  instructional program.
 7889         (c) An identification of all direct, training-related
 7890  costs, including tuition and fees, curriculum development, books
 7891  and classroom materials, and overhead or indirect costs, not to
 7892  exceed 5 percent of the grant amount.
 7893         (d) An identification of special program requirements that
 7894  are not addressed otherwise in the agreement.
 7895         (e) Permission to access information specific to the wages
 7896  and performance of participants upon the completion of
 7897  instruction for evaluation purposes. Information which, if
 7898  released, would disclose the identity of the person to whom the
 7899  information pertains or disclose the identity of the person’s
 7900  employer is confidential and exempt from the provisions of s.
 7901  119.07(1). The agreement must specify that any evaluations
 7902  published subsequent to the instruction may not identify the
 7903  employer or any individual participant.
 7904         (6) For the purposes of this section, Jobs Florida
 7905  Workforce Florida, Inc., may accept grants of money, materials,
 7906  services, or property of any kind from any agency, corporation,
 7907  or individual.
 7908         (7) In providing instruction pursuant to this section,
 7909  materials that relate to methods of manufacture or production,
 7910  potential trade secrets, business transactions, or proprietary
 7911  information received, produced, ascertained, or discovered by
 7912  employees of the respective departments, district school boards,
 7913  community college district boards of trustees, or other
 7914  personnel employed for the purposes of this section is
 7915  confidential and exempt from the provisions of s. 119.07(1). The
 7916  state may seek copyright protection for all instructional
 7917  materials and ancillary written documents developed wholly or
 7918  partially with state funds as a result of instruction provided
 7919  pursuant to this section, except for materials that are
 7920  confidential and exempt from the provisions of s. 119.07(1).
 7921         (8) There is created a Quick-Response Training Program for
 7922  participants in the welfare transition program. Workforce
 7923  Florida, Inc., in conjunction with Jobs Florida, may award
 7924  quick-response training grants and develop applicable guidelines
 7925  for the training of participants in the welfare transition
 7926  program. In addition to a local economic development
 7927  organization, grants must be endorsed by the applicable regional
 7928  workforce board.
 7929         (a) Training funded pursuant to this subsection may not
 7930  exceed 12 months, and may be provided by the local community
 7931  college, school district, regional workforce board, or the
 7932  business employing the participant, including on-the-job
 7933  training. Training will provide entry-level skills to new
 7934  workers, including those employed in retail, who are
 7935  participants in the welfare transition program.
 7936         (b) Participants trained pursuant to this subsection must
 7937  be employed at a wage not less than $6 per hour.
 7938         (c) Funds made available pursuant to this subsection may be
 7939  expended in connection with the relocation of a business from
 7940  one community to another community if approved by Workforce
 7941  Florida, Inc.
 7942         (9) Notwithstanding any other provision of law, eligible
 7943  matching contributions received under the Quick-Response
 7944  Training Program under this section may be counted toward the
 7945  private sector support of Enterprise Florida, Inc., under s.
 7946  288.90151(5)(d).
 7947         (9)(10)Jobs Florida Workforce Florida, Inc., and
 7948  Enterprise Florida, Inc., shall ensure maximum coordination and
 7949  cooperation in administering this section, in such a manner that
 7950  any division of responsibility between the two organizations
 7951  which relates to marketing or administering the Quick-Response
 7952  Training Program is not apparent to a business that inquires
 7953  about or applies for funding under this section. The
 7954  organizations shall provide such A business shall be provided
 7955  with a single point of contact for information and assistance.
 7956         Section 135. Subsections (1), (2), and (3) of section
 7957  288.065, Florida Statutes, are amended to read:
 7958         288.065 Rural Community Development Revolving Loan Fund.—
 7959         (1) The Rural Community Development Revolving Loan Fund
 7960  Program is established within Jobs Florida in the Office of
 7961  Tourism, Trade, and Economic Development to facilitate the use
 7962  of existing federal, state, and local financial resources by
 7963  providing local governments with financial assistance to further
 7964  promote the economic viability of rural communities. These funds
 7965  may be used to finance initiatives directed toward maintaining
 7966  or developing the economic base of rural communities, especially
 7967  initiatives addressing employment opportunities for residents of
 7968  these communities.
 7969         (2)(a) The program shall provide for long-term loans, loan
 7970  guarantees, and loan loss reserves to units of local
 7971  governments, or economic development organizations substantially
 7972  underwritten by a unit of local government, within counties with
 7973  populations of 75,000 or fewer, or within any county with a
 7974  population of 125,000 or fewer which is contiguous to a county
 7975  with a population of 75,000 or fewer, based on the most recent
 7976  official population estimate as determined under s. 186.901,
 7977  including those residing in incorporated areas and those
 7978  residing in unincorporated areas of the county, or to units of
 7979  local government, or economic development organizations
 7980  substantially underwritten by a unit of local government, within
 7981  a rural area of critical economic concern.
 7982         (b) Requests for loans shall be made by application to Jobs
 7983  Florida the Office of Tourism, Trade, and Economic Development.
 7984  Loans shall be made pursuant to agreements specifying the terms
 7985  and conditions agreed to between the applicant and Jobs Florida
 7986  the Office of Tourism, Trade, and Economic Development. The
 7987  loans shall be the legal obligations of the applicant.
 7988         (c) All repayments of principal and interest shall be
 7989  returned to the loan fund and made available for loans to other
 7990  applicants. However, in a rural area of critical economic
 7991  concern designated by the Governor, and upon approval by Jobs
 7992  Florida the Office of Tourism, Trade, and Economic Development,
 7993  repayments of principal and interest may be retained by the
 7994  applicant if such repayments are dedicated and matched to fund
 7995  regionally based economic development organizations representing
 7996  the rural area of critical economic concern.
 7997         (3) Jobs Florida The Office of Tourism, Trade, and Economic
 7998  Development shall manage the fund, establishing loan practices
 7999  that must include, but are not limited to, procedures for
 8000  establishing loan interest rates, uses of funding, application
 8001  procedures, and application review procedures. Jobs Florida The
 8002  Office of Tourism, Trade, and Economic Development shall have
 8003  final approval authority for any loan under this section.
 8004         Section 136. Subsections (1), (2), (3), and (4) of section
 8005  288.0655, Florida Statutes, are amended to read:
 8006         288.0655 Rural Infrastructure Fund.—
 8007         (1) There is created within Jobs Florida the Office of
 8008  Tourism, Trade, and Economic Development the Rural
 8009  Infrastructure Fund to facilitate the planning, preparing, and
 8010  financing of infrastructure projects in rural communities which
 8011  will encourage job creation, capital investment, and the
 8012  strengthening and diversification of rural economies by
 8013  promoting tourism, trade, and economic development.
 8014         (2)(a) Funds appropriated by the Legislature shall be
 8015  distributed by Jobs Florida the Office through grant programs
 8016  that maximize the use of federal, local, and private resources,
 8017  including, but not limited to, those available under the Small
 8018  Cities Community Development Block Grant Program.
 8019         (b) To facilitate access of rural communities and rural
 8020  areas of critical economic concern as defined by the Rural
 8021  Economic Development Initiative to infrastructure funding
 8022  programs of the Federal Government, such as those offered by the
 8023  United States Department of Agriculture and the United States
 8024  Department of Commerce, and state programs, including those
 8025  offered by Rural Economic Development Initiative agencies, and
 8026  to facilitate local government or private infrastructure funding
 8027  efforts, Jobs Florida the Office may award grants for up to 30
 8028  percent of the total infrastructure project cost. If an
 8029  application for funding is for a catalyst site, as defined in s.
 8030  288.0656, Jobs Florida the Office may award grants for up to 40
 8031  percent of the total infrastructure project cost. Eligible
 8032  projects must be related to specific job-creation or job
 8033  retention opportunities. Eligible projects may also include
 8034  improving any inadequate infrastructure that has resulted in
 8035  regulatory action that prohibits economic or community growth or
 8036  reducing the costs to community users of proposed infrastructure
 8037  improvements that exceed such costs in comparable communities.
 8038  Eligible uses of funds shall include improvements to public
 8039  infrastructure for industrial or commercial sites and upgrades
 8040  to or development of public tourism infrastructure. Authorized
 8041  infrastructure may include the following public or public
 8042  private partnership facilities: storm water systems;
 8043  telecommunications facilities; broadband facilities; roads or
 8044  other remedies to transportation impediments; nature-based
 8045  tourism facilities; or other physical requirements necessary to
 8046  facilitate tourism, trade, and economic development activities
 8047  in the community. Authorized infrastructure may also include
 8048  publicly or privately owned self-powered nature-based tourism
 8049  facilities, publicly owned telecommunications facilities, and
 8050  broadband facilities, and additions to the distribution
 8051  facilities of the existing natural gas utility as defined in s.
 8052  366.04(3)(c), the existing electric utility as defined in s.
 8053  366.02, or the existing water or wastewater utility as defined
 8054  in s. 367.021(12), or any other existing water or wastewater
 8055  facility, which owns a gas or electric distribution system or a
 8056  water or wastewater system in this state where:
 8057         1. A contribution-in-aid of construction is required to
 8058  serve public or public-private partnership facilities under the
 8059  tariffs of any natural gas, electric, water, or wastewater
 8060  utility as defined herein; and
 8061         2. Such utilities as defined herein are willing and able to
 8062  provide such service.
 8063         (c) To facilitate timely response and induce the location
 8064  or expansion of specific job creating opportunities, Jobs
 8065  Florida the Office may award grants for infrastructure
 8066  feasibility studies, design and engineering activities, or other
 8067  infrastructure planning and preparation activities. Authorized
 8068  grants shall be up to $50,000 for an employment project with a
 8069  business committed to create at least 100 jobs;, up to $150,000
 8070  for an employment project with a business committed to create at
 8071  least 300 jobs;, and up to $300,000 for a project in a rural
 8072  area of critical economic concern. Grants awarded under this
 8073  paragraph may be used in conjunction with grants awarded under
 8074  paragraph (b), provided that the total amount of both grants
 8075  does not exceed 30 percent of the total project cost. In
 8076  evaluating applications under this paragraph, Jobs Florida the
 8077  Office shall consider the extent to which the application seeks
 8078  to minimize administrative and consultant expenses.
 8079         (d) Jobs Florida By September 1, 1999, the Office shall
 8080  participate in pursue execution of a memorandum of agreement
 8081  with the United States Department of Agriculture under which
 8082  state funds available through the Rural Infrastructure Fund may
 8083  be advanced, in excess of the prescribed state share, for a
 8084  project that has received from the department a preliminary
 8085  determination of eligibility for federal financial support.
 8086  State funds in excess of the prescribed state share which are
 8087  advanced pursuant to this paragraph and the memorandum of
 8088  agreement shall be reimbursed when funds are awarded under an
 8089  application for federal funding.
 8090         (e) To enable local governments to access the resources
 8091  available pursuant to s. 403.973(18), Jobs Florida the Office
 8092  may award grants for surveys, feasibility studies, and other
 8093  activities related to the identification and preclearance review
 8094  of land which is suitable for preclearance review. Authorized
 8095  grants under this paragraph shall not exceed $75,000 each,
 8096  except in the case of a project in a rural area of critical
 8097  economic concern, in which case the grant shall not exceed
 8098  $300,000. Any funds awarded under this paragraph must be matched
 8099  at a level of 50 percent with local funds, except that any funds
 8100  awarded for a project in a rural area of critical economic
 8101  concern must be matched at a level of 33 percent with local
 8102  funds. If an application for funding is for a catalyst site, as
 8103  defined in s. 288.0656, the requirement for local match may be
 8104  waived pursuant to the process in s. 288.06561. In evaluating
 8105  applications under this paragraph, Jobs Florida the office shall
 8106  consider the extent to which the application seeks to minimize
 8107  administrative and consultant expenses.
 8108         (3) Jobs Florida the office, in consultation with the Jobs
 8109  Florida Partnership Enterprise Florida, Inc., VISIT Florida, the
 8110  Department of Environmental Protection, and the Florida Fish and
 8111  Wildlife Conservation Commission, as appropriate, shall review
 8112  and certify applications pursuant to s. 288.061. The review
 8113  shall include an evaluation of the economic benefit of the
 8114  projects and their long-term viability. Jobs Florida The office
 8115  shall have final approval for any grant under this section.
 8116         (4) By September 1, 2011 1999, Jobs Florida the office
 8117  shall, in consultation with the organizations listed in
 8118  subsection (3), and other organizations, reevaluate existing
 8119  develop guidelines and criteria governing submission of
 8120  applications for funding, review and evaluation of such
 8121  applications, and approval of funding under this section. Jobs
 8122  Florida The office shall consider factors including, but not
 8123  limited to, the project’s potential for enhanced job creation or
 8124  increased capital investment, the demonstration and level of
 8125  local public and private commitment, whether the project is
 8126  located location of the project in an enterprise zone, the
 8127  location of the project in a community development corporation
 8128  service area, or in an urban high-crime area as the location of
 8129  the project in a county designated under s. 212.097, the
 8130  unemployment rate of the county in which the project would be
 8131  located surrounding area, and the poverty rate of the community.
 8132         Section 137. Paragraph (b) of subsection (1), paragraphs
 8133  (b) and (e) of subsection (2), paragraph (a) of subsection (6),
 8134  and subsection (7) of section 288.0656, Florida Statutes, are
 8135  amended to read:
 8136         288.0656 Rural Economic Development Initiative.—
 8137         (1)(b) The Rural Economic Development Initiative, known as
 8138  “REDI,” is created within Jobs Florida the Office of Tourism,
 8139  Trade, and Economic Development, and the participation of state
 8140  and regional agencies in this initiative is authorized.
 8141         (2) As used in this section, the term:
 8142         (b) “Catalyst site” means a parcel or parcels of land
 8143  within a rural area of critical economic concern that has been
 8144  prioritized as a geographic site for economic development
 8145  through partnerships with state, regional, and local
 8146  organizations. The site must be reviewed by REDI and approved by
 8147  Jobs Florida the Office of Tourism, Trade, and Economic
 8148  Development for the purposes of locating a catalyst project.
 8149         (e) “Rural community” means:
 8150         1. A county with a population of 75,000 or fewer.
 8151         2. A county with a population of 125,000 or fewer which is
 8152  contiguous to a county with a population of 75,000 or fewer.
 8153         3. A municipality within a county described in subparagraph
 8154  1. or subparagraph 2.
 8155         4. An unincorporated federal enterprise community or an
 8156  incorporated rural city with a population of 25,000 or fewer and
 8157  an employment base focused on traditional agricultural or
 8158  resource-based industries, located in a county not defined as
 8159  rural, which has at least three or more of the economic distress
 8160  factors identified in paragraph (c) and verified by Jobs Florida
 8161  the Office of Tourism, Trade, and Economic Development.
 8162  
 8163  For purposes of this paragraph, population shall be determined
 8164  in accordance with the most recent official estimate pursuant to
 8165  s. 186.901.
 8166         (6)(a) By August 1 of each year, the head of each of the
 8167  following agencies and organizations shall designate a deputy
 8168  secretary or higher-level staff person from within the agency or
 8169  organization to serve as the REDI representative for the agency
 8170  or organization:
 8171         1. The Department of Community Affairs.
 8172         1.2. The Department of Transportation.
 8173         2.3. The Department of Environmental Protection.
 8174         3.4. The Department of Agriculture and Consumer Services.
 8175         4.5. The Department of State.
 8176         5.6. The Department of Health.
 8177         6.7. The Department of Children and Family Services.
 8178         7.8. The Department of Corrections.
 8179         9.The Agency for Workforce Innovation.
 8180         8.10. The Department of Education.
 8181         9.11. The Department of Juvenile Justice.
 8182         10.12. The Fish and Wildlife Conservation Commission.
 8183         11.13. Each water management district.
 8184         12.14.The Jobs Florida Partnership Enterprise Florida,
 8185  Inc.
 8186         13.15. Workforce Florida, Inc.
 8187         16. The Florida Commission on Tourism or VISIT Florida.
 8188         14.17. The Florida Regional Planning Council Association.
 8189         15.18. The Agency for Health Care Administration.
 8190         16.19. The Institute of Food and Agricultural Sciences
 8191  (IFAS).
 8192  
 8193  An alternate for each designee shall also be chosen, and the
 8194  names of the designees and alternates shall be sent to the
 8195  director of Jobs Florida the Office of Tourism, Trade, and
 8196  Economic Development.
 8197         (7)(a) REDI may recommend to the Governor up to three rural
 8198  areas of critical economic concern. The Governor may by
 8199  executive order designate up to three rural areas of critical
 8200  economic concern which will establish these areas as priority
 8201  assignments for REDI as well as to allow the Governor, acting
 8202  through REDI, to waive criteria, requirements, or similar
 8203  provisions of any economic development incentive. Such
 8204  incentives shall include, but not be limited to: the Qualified
 8205  Target Industry Tax Refund Program under s. 288.106, the Quick
 8206  Response Training Program under s. 288.047, the Quick Response
 8207  Training Program for participants in the welfare transition
 8208  program under s. 288.047(8), transportation projects under s.
 8209  288.063, the brownfield redevelopment bonus refund under s.
 8210  288.107, and the rural job tax credit program under ss. 212.098
 8211  and 220.1895.
 8212         (b) Designation as a rural area of critical economic
 8213  concern under this subsection shall be contingent upon the
 8214  execution of a memorandum of agreement among Jobs Florida the
 8215  Office of Tourism, Trade, and Economic Development; the
 8216  governing body of the county; and the governing bodies of any
 8217  municipalities to be included within a rural area of critical
 8218  economic concern. Such agreement shall specify the terms and
 8219  conditions of the designation, including, but not limited to,
 8220  the duties and responsibilities of the county and any
 8221  participating municipalities to take actions designed to
 8222  facilitate the retention and expansion of existing businesses in
 8223  the area, as well as the recruitment of new businesses to the
 8224  area.
 8225         (c) Each rural area of critical economic concern may
 8226  designate catalyst projects, provided that each catalyst project
 8227  is specifically recommended by REDI, identified as a catalyst
 8228  project by the Jobs Florida Partnership Enterprise Florida,
 8229  Inc., and confirmed as a catalyst project by Jobs Florida the
 8230  Office of Tourism, Trade, and Economic Development. All state
 8231  agencies and departments shall use all available tools and
 8232  resources to the extent permissible by law to promote the
 8233  creation and development of each catalyst project and the
 8234  development of catalyst sites.
 8235         Section 138. Subsections (2) and (3) of section 288.06561,
 8236  Florida Statutes, are amended to read:
 8237         288.06561 Reduction or waiver of financial match
 8238  requirements.—Notwithstanding any other law, the member agencies
 8239  and organizations of the Rural Economic Development Initiative
 8240  (REDI), as defined in s. 288.0656(6)(a), shall review the
 8241  financial match requirements for projects in rural areas as
 8242  defined in s. 288.0656(2).
 8243         (2) Agencies and organizations shall ensure that all
 8244  proposals are submitted to Jobs Florida the Office of Tourism,
 8245  Trade, and Economic Development for review by the REDI agencies.
 8246         (3) These proposals shall be delivered to Jobs Florida the
 8247  Office of Tourism, Trade, and Economic Development for
 8248  distribution to the REDI agencies and organizations. A meeting
 8249  of REDI agencies and organizations must be called within 30 days
 8250  after receipt of such proposals for REDI comment and
 8251  recommendations on each proposal.
 8252         Section 139. Subsections (2) and (4) of section 288.0657,
 8253  Florida Statutes, are amended to read:
 8254         288.0657 Florida rural economic development strategy
 8255  grants.—
 8256         (2) Jobs Florida The Office of Tourism, Trade, and Economic
 8257  Development may accept and administer moneys appropriated to
 8258  Jobs Florida the office for providing grants to assist rural
 8259  communities to develop and implement strategic economic
 8260  development plans.
 8261         (4) Jobs Florida Enterprise Florida, Inc., and VISIT
 8262  Florida, shall establish criteria for reviewing grant
 8263  applications. These criteria shall include, but are not limited
 8264  to, the degree of participation and commitment by the local
 8265  community and the application’s consistency with local
 8266  comprehensive plans or the application’s proposal to ensure such
 8267  consistency. Jobs Florida The International Trade and Economic
 8268  Development Board of Enterprise Florida, Inc., and VISIT
 8269  Florida, shall review each application for a grant and shall
 8270  submit annually to the Office for approval a list of all
 8271  applications that are recommended by the board and VISIT
 8272  Florida, arranged in order of priority. Jobs Florida The office
 8273  may approve grants only to the extent that funds are
 8274  appropriated for such grants by the Legislature.
 8275         Section 140. Section 288.0658, Florida Statutes, is amended
 8276  to read:
 8277         288.0658 Nature-based recreation; promotion and other
 8278  assistance by Fish and Wildlife Conservation Commission.—The
 8279  Florida Fish and Wildlife Conservation Commission is directed to
 8280  assist the Jobs Florida Partnership, Inc. Florida Commission on
 8281  Tourism; the Florida Tourism Industry Marketing Corporation,
 8282  doing business as VISIT Florida; convention and visitor bureaus;
 8283  tourist development councils; economic development
 8284  organizations; and local governments through the provision of
 8285  marketing advice, technical expertise, promotional support, and
 8286  product development related to nature-based recreation and
 8287  sustainable use of natural resources. In carrying out this
 8288  responsibility, the Florida Fish and Wildlife Conservation
 8289  Commission shall focus its efforts on fostering nature-based
 8290  recreation in rural communities and regions encompassing rural
 8291  communities. As used in this section, the term “nature-based
 8292  recreation” means leisure activities related to the state’s
 8293  lands, waters, and fish and wildlife resources, including, but
 8294  not limited to, wildlife viewing, fishing, hiking, canoeing,
 8295  kayaking, camping, hunting, backpacking, and nature photography.
 8296         Section 141. Section 288.0659, Florida Statutes, is amended
 8297  to read:
 8298         288.0659 Local Government Distressed Area Matching Grant
 8299  Program.—
 8300         (1) The Local Government Distressed Area Matching Grant
 8301  Program is created within Jobs Florida the Office of Tourism,
 8302  Trade, and Economic Development. The purpose of the program is
 8303  to stimulate investment in the state’s economy by providing
 8304  grants to match demonstrated business assistance by local
 8305  governments to attract and retain businesses in this state.
 8306         (2) As used in this section, the term:
 8307         (a) “Local government” means a county or municipality.
 8308         (b) “Office” means the Office of Tourism, Trade, and
 8309  Economic Development.
 8310         (b)(c) “Qualified business assistance” means economic
 8311  incentives provided by a local government for the purpose of
 8312  attracting or retaining a specific business, including, but not
 8313  limited to, suspensions, waivers, or reductions of impact fees
 8314  or permit fees; direct incentive payments; expenditures for
 8315  onsite or offsite improvements directly benefiting a specific
 8316  business; or construction or renovation of buildings for a
 8317  specific business.
 8318         (3) Jobs Florida The Office may accept and administer
 8319  moneys appropriated by the Legislature to the Office for
 8320  providing grants to match expenditures by local governments to
 8321  attract or retain businesses in this state.
 8322         (4) A local government may apply for grants to match
 8323  qualified business assistance made by the local government for
 8324  the purpose of attracting or retaining a specific business. A
 8325  local government may apply for no more than one grant per
 8326  targeted business. A local government may only have one
 8327  application pending with Jobs Florida the Office. Additional
 8328  applications may be filed after a previous application has been
 8329  approved or denied.
 8330         (5) To qualify for a grant, the business being targeted by
 8331  a local government must create at least 15 full-time jobs, must
 8332  be new to this state, must be expanding its operations in this
 8333  state, or would otherwise leave the state absent state and local
 8334  assistance, and the local government applying for the grant must
 8335  expedite its permitting processes for the target business by
 8336  accelerating the normal review and approval timelines. In
 8337  addition to these requirements, Jobs Florida the office shall
 8338  review the grant requests using the following evaluation
 8339  criteria, with priority given in descending order:
 8340         (a) The presence and degree of pervasive poverty,
 8341  unemployment, and general distress as determined pursuant to s.
 8342  290.0058 in the area where the business will locate, with
 8343  priority given to locations with greater degrees of poverty,
 8344  unemployment, and general distress.
 8345         (b) The extent of reliance on the local government
 8346  expenditure as an inducement for the business’s location
 8347  decision, with priority given to higher levels of local
 8348  government expenditure.
 8349         (c) The number of new full-time jobs created, with priority
 8350  given to higher numbers of jobs created.
 8351         (d) The average hourly wage for jobs created, with priority
 8352  given to higher average wages.
 8353         (e) The amount of capital investment to be made by the
 8354  business, with priority given to higher amounts of capital
 8355  investment.
 8356         (6) In evaluating grant requests, Jobs Florida the Office
 8357  shall take into consideration the need for grant assistance as
 8358  it relates to the local government’s general fund balance as
 8359  well as local incentive programs that are already in existence.
 8360         (7) Funds made available pursuant to this section may not
 8361  be expended in connection with the relocation of a business from
 8362  one community to another community in this state unless Jobs
 8363  Florida the Office determines that without such relocation the
 8364  business will move outside this state or determines that the
 8365  business has a compelling economic rationale for the relocation
 8366  which creates additional jobs. Funds made available pursuant to
 8367  this section may not be used by the receiving local government
 8368  to supplant matching commitments required of the local
 8369  government pursuant to other state or federal incentive
 8370  programs.
 8371         (8) Within 30 days after Jobs Florida the Office receives
 8372  an application for a grant, Jobs Florida the Office shall
 8373  approve a preliminary grant allocation or disapprove the
 8374  application. The preliminary grant allocation shall be based on
 8375  estimates of qualified business assistance submitted by the
 8376  local government and shall equal 50 percent of the amount of the
 8377  estimated qualified business assistance or $50,000, whichever is
 8378  less. The preliminary grant allocation shall be executed by
 8379  contract with the local government. The contract shall set forth
 8380  the terms and conditions, including the timeframes within which
 8381  the final grant award will be disbursed. The final grant award
 8382  may not exceed the preliminary grant allocation. Jobs Florida
 8383  the Office may approve preliminary grant allocations only to the
 8384  extent that funds are appropriated for such grants by the
 8385  Legislature.
 8386         (a) Preliminary grant allocations that are revoked or
 8387  voluntarily surrendered shall be immediately available for
 8388  reallocation.
 8389         (b) Recipients of preliminary grant allocations shall
 8390  promptly report to Jobs Florida the Office the date on which the
 8391  local government’s permitting and approval process is completed
 8392  and the date on which all qualified business assistance is
 8393  completed.
 8394         (9) Jobs Florida the Office shall make a final grant award
 8395  to a local government within 30 days after receiving information
 8396  from the local government sufficient to demonstrate actual
 8397  qualified business assistance. An awarded grant amount shall
 8398  equal 50 percent of the amount of the qualified business
 8399  assistance or $50,000, whichever is less, and may not exceed the
 8400  preliminary grant allocation. The amount by which a preliminary
 8401  grant allocation exceeds a final grant award shall be
 8402  immediately available for reallocation.
 8403         (10) Up to 2 percent of the funds appropriated annually by
 8404  the Legislature for the program may be used by Jobs Florida the
 8405  Office for direct administrative costs associated with
 8406  implementing this section.
 8407         Section 142. Paragraph (a) of subsection (1) of section
 8408  288.075, Florida Statutes, is amended to read:
 8409         288.075 Confidentiality of records.—
 8410         (1) DEFINITIONS.—As used in this section, the term:
 8411         (a) “Economic development agency” means:
 8412         1. Jobs Florida The Office of Tourism, Trade, and Economic
 8413  Development;
 8414         2. Any industrial development authority created in
 8415  accordance with part III of chapter 159 or by special law;
 8416         3. Space Florida created in part II of chapter 331;
 8417         4. The public economic development agency of a county or
 8418  municipality or, if the county or municipality does not have a
 8419  public economic development agency, the county or municipal
 8420  officers or employees assigned the duty to promote the general
 8421  business interests or industrial interests of that county or
 8422  municipality or the responsibilities related thereto;
 8423         5. Any research and development authority created in
 8424  accordance with part V of chapter 159; or
 8425         6. Any private agency, person, partnership, corporation, or
 8426  business entity when authorized by the state, a municipality, or
 8427  a county to promote the general business interests or industrial
 8428  interests of the state or that municipality or county.
 8429         Section 143. Paragraphs (c), (h), (p), and (r) of
 8430  subsection (1), paragraphs (a), (d), (e), (f), (h) of subsection
 8431  (2), subsections (3) and (4), paragraphs (a), (d), (e), and (g)
 8432  of subsection (5), paragraphs (a), (b), and (c) of subsection
 8433  (6), and subsections (7) and (8) of section 288.1045, Florida
 8434  Statutes, are amended, and present paragraphs (i) through (u) of
 8435  subsection (1) are redesignated as paragraphs (h) through (s),
 8436  respectively, to read:
 8437         288.1045 Qualified defense contractor and space flight
 8438  business tax refund program.—
 8439         (1) DEFINITIONS.—As used in this section:
 8440         (c) “Business unit” means an employing unit, as defined in
 8441  s. 443.036, that is registered with Jobs Florida the Agency for
 8442  Workforce Innovation for unemployment compensation purposes or
 8443  means a subcategory or division of an employing unit that is
 8444  accepted by Jobs Florida the Agency for Workforce Innovation as
 8445  a reporting unit.
 8446         (h) “Director” means the director of the Office of Tourism,
 8447  Trade, and Economic Development.
 8448         (p) “Office” means the Office of Tourism, Trade, and
 8449  Economic Development.
 8450         (p)(r) “Qualified applicant” means an applicant that has
 8451  been approved by Jobs Florida the director to be eligible for
 8452  tax refunds pursuant to this section.
 8453         (2) GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.—
 8454         (a) There shall be allowed, from the Economic Development
 8455  Trust Fund, a refund to a qualified applicant for the amount of
 8456  eligible taxes certified by Jobs Florida the director which were
 8457  paid by such qualified applicant. The total amount of refunds
 8458  for all fiscal years for each qualified applicant shall be
 8459  determined pursuant to subsection (3). The annual amount of a
 8460  refund to a qualified applicant shall be determined pursuant to
 8461  subsection (5).
 8462         (d) Contingent upon an annual appropriation by the
 8463  Legislature, Jobs Florida the director may approve not more in
 8464  tax refunds than the amount appropriated to the Economic
 8465  Development Trust Fund for tax refunds, for a fiscal year
 8466  pursuant to subsection (5) and s. 288.095.
 8467         (e) For the first 6 months of each fiscal year, Jobs
 8468  Florida the director shall set aside 30 percent of the amount
 8469  appropriated for refunds pursuant to this section by the
 8470  Legislature to provide tax refunds only to qualified applicants
 8471  who employ 500 or fewer full-time employees in this state. Any
 8472  unencumbered funds remaining undisbursed from this set-aside at
 8473  the end of the 6-month period may be used to provide tax refunds
 8474  for any qualified applicants pursuant to this section.
 8475         (f) After entering into a tax refund agreement pursuant to
 8476  subsection (4), a qualified applicant may:
 8477         1. Receive refunds from the account for corporate income
 8478  taxes due and paid pursuant to chapter 220 by that business
 8479  beginning with the first taxable year of the business which
 8480  begins after entering into the agreement.
 8481         2. Receive refunds from the account for the following taxes
 8482  due and paid by that business after entering into the agreement:
 8483         a. Taxes on sales, use, and other transactions paid
 8484  pursuant to chapter 212.
 8485         b. Intangible personal property taxes paid pursuant to
 8486  chapter 199.
 8487         c. Emergency excise taxes paid pursuant to chapter 221.
 8488         d. Excise taxes paid on documents pursuant to chapter 201.
 8489         e. Ad valorem taxes paid, as defined in s. 220.03(1)(a) on
 8490  June 1, 1996.
 8491         f. State communications services taxes administered under
 8492  chapter 202. This provision does not apply to the gross receipts
 8493  tax imposed under chapter 203 and administered under chapter 202
 8494  or the local communications services tax authorized under s.
 8495  202.19.
 8496  
 8497  However, a qualified applicant may not receive a tax refund
 8498  pursuant to this section for any amount of credit, refund, or
 8499  exemption granted such contractor for any of such taxes. If a
 8500  refund for such taxes is provided by Jobs Florida the Office,
 8501  which taxes are subsequently adjusted by the application of any
 8502  credit, refund, or exemption granted to the qualified applicant
 8503  other than that provided in this section, the qualified
 8504  applicant shall reimburse the Economic Development Trust Fund
 8505  for the amount of such credit, refund, or exemption. A qualified
 8506  applicant must notify and tender payment to the office within 20
 8507  days after receiving a credit, refund, or exemption, other than
 8508  that provided in this section. The addition of communications
 8509  services taxes administered under chapter 202 is remedial in
 8510  nature and retroactive to October 1, 2001. The Office may make
 8511  supplemental tax refund payments to allow for tax refunds for
 8512  communications services taxes paid by an eligible qualified
 8513  defense contractor after October 1, 2001.
 8514         (h) Funds made available pursuant to this section may not
 8515  be expended in connection with the relocation of a business from
 8516  one community to another community in this state unless Jobs
 8517  Florida the Office of Tourism, Trade, and Economic Development
 8518  determines that without such relocation the business will move
 8519  outside this state or determines that the business has a
 8520  compelling economic rationale for the relocation which creates
 8521  additional jobs.
 8522         (3) APPLICATION PROCESS; REQUIREMENTS; AGENCY
 8523  DETERMINATION.—
 8524         (a) To apply for certification as a qualified applicant
 8525  pursuant to this section, an applicant must file an application
 8526  with Jobs Florida the Office which satisfies the requirements of
 8527  paragraphs (b) and (e), paragraphs (c) and (e), paragraphs (d)
 8528  and (e), or paragraphs (e) and (j). An applicant may not apply
 8529  for certification pursuant to this section after a proposal has
 8530  been submitted for a new Department of Defense contract, after
 8531  the applicant has made the decision to consolidate an existing
 8532  Department of Defense contract in this state for which such
 8533  applicant is seeking certification, after a proposal has been
 8534  submitted for a new space flight business contract in this
 8535  state, after the applicant has made the decision to consolidate
 8536  an existing space flight business contract in this state for
 8537  which such applicant is seeking certification, or after the
 8538  applicant has made the decision to convert defense production
 8539  jobs to nondefense production jobs for which such applicant is
 8540  seeking certification.
 8541         (b) Applications for certification based on the
 8542  consolidation of a Department of Defense contract or a new
 8543  Department of Defense contract must be submitted to Jobs Florida
 8544  the Office as prescribed by Jobs Florida the Office and must
 8545  include, but are not limited to, the following information:
 8546         1. The applicant’s federal employer identification number,
 8547  the applicant’s Florida sales tax registration number, and a
 8548  signature of an officer of the applicant.
 8549         2. The permanent location of the manufacturing, assembling,
 8550  fabricating, research, development, or design facility in this
 8551  state at which the project is or is to be located.
 8552         3. The Department of Defense contract numbers of the
 8553  contract to be consolidated, the new Department of Defense
 8554  contract number, or the “RFP” number of a proposed Department of
 8555  Defense contract.
 8556         4. The date the contract was executed or is expected to be
 8557  executed, and the date the contract is due to expire or is
 8558  expected to expire.
 8559         5. The commencement date for project operations under the
 8560  contract in this state.
 8561         6. The number of net new full-time equivalent Florida jobs
 8562  included in the project as of December 31 of each year and the
 8563  average wage of such jobs.
 8564         7. The total number of full-time equivalent employees
 8565  employed by the applicant in this state.
 8566         8. The percentage of the applicant’s gross receipts derived
 8567  from Department of Defense contracts during the 5 taxable years
 8568  immediately preceding the date the application is submitted.
 8569         9. The number of full-time equivalent jobs in this state to
 8570  be retained by the project.
 8571         10. A brief statement concerning the applicant’s need for
 8572  tax refunds, and the proposed uses of such refunds by the
 8573  applicant.
 8574         11. A resolution adopted by the governing board of the
 8575  county or municipality in which the project will be located,
 8576  which recommends the applicant be approved as a qualified
 8577  applicant, and which indicates that the necessary commitments of
 8578  local financial support for the applicant exist. Prior to the
 8579  adoption of the resolution, the county commission may review the
 8580  proposed public or private sources of such support and determine
 8581  whether the proposed sources of local financial support can be
 8582  provided or, for any applicant whose project is located in a
 8583  county designated by the Rural Economic Development Initiative,
 8584  a resolution adopted by the county commissioners of such county
 8585  requesting that the applicant’s project be exempt from the local
 8586  financial support requirement.
 8587         12. Any additional information requested by Jobs Florida
 8588  the Office.
 8589         (c) Applications for certification based on the conversion
 8590  of defense production jobs to nondefense production jobs must be
 8591  submitted to Jobs Florida the Office as prescribed by Jobs
 8592  Florida the Office and must include, but are not limited to, the
 8593  following information:
 8594         1. The applicant’s federal employer identification number,
 8595  the applicant’s Florida sales tax registration number, and a
 8596  signature of an officer of the applicant.
 8597         2. The permanent location of the manufacturing, assembling,
 8598  fabricating, research, development, or design facility in this
 8599  state at which the project is or is to be located.
 8600         3. The Department of Defense contract numbers of the
 8601  contract under which the defense production jobs will be
 8602  converted to nondefense production jobs.
 8603         4. The date the contract was executed, and the date the
 8604  contract is due to expire or is expected to expire, or was
 8605  canceled.
 8606         5. The commencement date for the nondefense production
 8607  operations in this state.
 8608         6. The number of net new full-time equivalent Florida jobs
 8609  included in the nondefense production project as of December 31
 8610  of each year and the average wage of such jobs.
 8611         7. The total number of full-time equivalent employees
 8612  employed by the applicant in this state.
 8613         8. The percentage of the applicant’s gross receipts derived
 8614  from Department of Defense contracts during the 5 taxable years
 8615  immediately preceding the date the application is submitted.
 8616         9. The number of full-time equivalent jobs in this state to
 8617  be retained by the project.
 8618         10. A brief statement concerning the applicant’s need for
 8619  tax refunds, and the proposed uses of such refunds by the
 8620  applicant.
 8621         11. A resolution adopted by the governing board of the
 8622  county or municipality in which the project will be located,
 8623  which recommends the applicant be approved as a qualified
 8624  applicant, and which indicates that the necessary commitments of
 8625  local financial support for the applicant exist. Prior to the
 8626  adoption of the resolution, the county commission may review the
 8627  proposed public or private sources of such support and determine
 8628  whether the proposed sources of local financial support can be
 8629  provided or, for any applicant whose project is located in a
 8630  county designated by the Rural Economic Development Initiative,
 8631  a resolution adopted by the county commissioners of such county
 8632  requesting that the applicant’s project be exempt from the local
 8633  financial support requirement.
 8634         12. Any additional information requested by Jobs Florida
 8635  the Office.
 8636         (d) Applications for certification based on a contract for
 8637  reuse of a defense-related facility must be submitted to Jobs
 8638  Florida the Office as prescribed by Jobs Florida the office and
 8639  must include, but are not limited to, the following information:
 8640         1. The applicant’s Florida sales tax registration number
 8641  and a signature of an officer of the applicant.
 8642         2. The permanent location of the manufacturing, assembling,
 8643  fabricating, research, development, or design facility in this
 8644  state at which the project is or is to be located.
 8645         3. The business entity holding a valid Department of
 8646  Defense contract or branch of the Armed Forces of the United
 8647  States that previously occupied the facility, and the date such
 8648  entity last occupied the facility.
 8649         4. A copy of the contract to reuse the facility, or such
 8650  alternative proof as may be prescribed by Jobs Florida the
 8651  office that the applicant is seeking to contract for the reuse
 8652  of such facility.
 8653         5. The date the contract to reuse the facility was executed
 8654  or is expected to be executed, and the date the contract is due
 8655  to expire or is expected to expire.
 8656         6. The commencement date for project operations under the
 8657  contract in this state.
 8658         7. The number of net new full-time equivalent Florida jobs
 8659  included in the project as of December 31 of each year and the
 8660  average wage of such jobs.
 8661         8. The total number of full-time equivalent employees
 8662  employed by the applicant in this state.
 8663         9. The number of full-time equivalent jobs in this state to
 8664  be retained by the project.
 8665         10. A brief statement concerning the applicant’s need for
 8666  tax refunds, and the proposed uses of such refunds by the
 8667  applicant.
 8668         11. A resolution adopted by the governing board of the
 8669  county or municipality in which the project will be located,
 8670  which recommends the applicant be approved as a qualified
 8671  applicant, and which indicates that the necessary commitments of
 8672  local financial support for the applicant exist. Prior to the
 8673  adoption of the resolution, the county commission may review the
 8674  proposed public or private sources of such support and determine
 8675  whether the proposed sources of local financial support can be
 8676  provided or, for any applicant whose project is located in a
 8677  county designated by the Rural Economic Development Initiative,
 8678  a resolution adopted by the county commissioners of such county
 8679  requesting that the applicant’s project be exempt from the local
 8680  financial support requirement.
 8681         12. Any additional information requested by Jobs Florida
 8682  the Office.
 8683         (e) To qualify for review by Jobs Florida the Office, the
 8684  application of an applicant must, at a minimum, establish the
 8685  following to the satisfaction of the office:
 8686         1. The jobs proposed to be provided under the application,
 8687  pursuant to subparagraph (b)6., subparagraph (c)6., or
 8688  subparagraph (j)6., must pay an estimated annual average wage
 8689  equaling at least 115 percent of the average wage in the area
 8690  where the project is to be located.
 8691         2. The consolidation of a Department of Defense contract
 8692  must result in a net increase of at least 25 percent in the
 8693  number of jobs at the applicant’s facilities in this state or
 8694  the addition of at least 80 jobs at the applicant’s facilities
 8695  in this state.
 8696         3. The conversion of defense production jobs to nondefense
 8697  production jobs must result in net increases in nondefense
 8698  employment at the applicant’s facilities in this state.
 8699         4. The Department of Defense contract or the space flight
 8700  business contract cannot allow the business to include the costs
 8701  of relocation or retooling in its base as allowable costs under
 8702  a cost-plus, or similar, contract.
 8703         5. A business unit of the applicant must have derived not
 8704  less than 60 percent of its gross receipts in this state from
 8705  Department of Defense contracts or space flight business
 8706  contracts over the applicant’s last fiscal year, and must have
 8707  derived not less than an average of 60 percent of its gross
 8708  receipts in this state from Department of Defense contracts or
 8709  space flight business contracts over the 5 years preceding the
 8710  date an application is submitted pursuant to this section. This
 8711  subparagraph does not apply to any application for certification
 8712  based on a contract for reuse of a defense-related facility.
 8713         6. The reuse of a defense-related facility must result in
 8714  the creation of at least 100 jobs at such facility.
 8715         7. A new space flight business contract or the
 8716  consolidation of a space flight business contract must result in
 8717  net increases in space flight business employment at the
 8718  applicant’s facilities in this state.
 8719         (f) Each application meeting the requirements of paragraphs
 8720  (b) and (e), paragraphs (c) and (e), paragraphs (d) and (e), or
 8721  paragraphs (e) and (j) must be submitted to Jobs Florida the
 8722  office for a determination of eligibility. Jobs Florida the
 8723  Office shall review and evaluate each application based on, but
 8724  not limited to, the following criteria:
 8725         1. Expected contributions to the state strategic economic
 8726  development plan adopted by the Jobs Florida Partnership
 8727  Enterprise Florida, Inc., taking into account the extent to
 8728  which the project contributes to the state’s high-technology
 8729  base, and the long-term impact of the project and the applicant
 8730  on the state’s economy.
 8731         2. The economic benefit of the jobs created or retained by
 8732  the project in this state, taking into account the cost and
 8733  average wage of each job created or retained, and the potential
 8734  risk to existing jobs.
 8735         3. The amount of capital investment to be made by the
 8736  applicant in this state.
 8737         4. The local commitment and support for the project and
 8738  applicant.
 8739         5. The impact of the project on the local community, taking
 8740  into account the unemployment rate for the county where the
 8741  project will be located.
 8742         6. The dependence of the local community on the defense
 8743  industry or space flight business.
 8744         7. The impact of any tax refunds granted pursuant to this
 8745  section on the viability of the project and the probability that
 8746  the project will occur in this state if such tax refunds are
 8747  granted to the applicant, taking into account the expected long
 8748  term commitment of the applicant to economic growth and
 8749  employment in this state.
 8750         8. The length of the project, or the expected long-term
 8751  commitment to this state resulting from the project.
 8752         (g) Applications shall be reviewed and certified pursuant
 8753  to s. 288.061. If appropriate, Jobs Florida the director shall
 8754  enter into a written agreement with the qualified applicant
 8755  pursuant to subsection (4).
 8756         (h) Jobs Florida The director may not certify any applicant
 8757  as a qualified applicant when the value of tax refunds to be
 8758  included in that letter of certification exceeds the available
 8759  amount of authority to certify new businesses as determined in
 8760  s. 288.095(3). A letter of certification that approves an
 8761  application must specify the maximum amount of a tax refund that
 8762  is to be available to the contractor for each fiscal year and
 8763  the total amount of tax refunds for all fiscal years.
 8764         (i) This section does not create a presumption that an
 8765  applicant should receive any tax refunds under this section.
 8766         (j) Applications for certification based upon a new space
 8767  flight business contract or the consolidation of a space flight
 8768  business contract must be submitted to Jobs Florida the office
 8769  as prescribed by Jobs Florida the office and must include, but
 8770  are not limited to, the following information:
 8771         1. The applicant’s federal employer identification number,
 8772  the applicant’s Florida sales tax registration number, and a
 8773  signature of an officer of the applicant.
 8774         2. The permanent location of the space flight business
 8775  facility in this state where the project is or will be located.
 8776         3. The new space flight business contract number, the space
 8777  flight business contract numbers of the contract to be
 8778  consolidated, or the request-for-proposal number of a proposed
 8779  space flight business contract.
 8780         4. The date the contract was executed and the date the
 8781  contract is due to expire, is expected to expire, or was
 8782  canceled.
 8783         5. The commencement date for project operations under the
 8784  contract in this state.
 8785         6. The number of net new full-time equivalent Florida jobs
 8786  included in the project as of December 31 of each year and the
 8787  average wage of such jobs.
 8788         7. The total number of full-time equivalent employees
 8789  employed by the applicant in this state.
 8790         8. The percentage of the applicant’s gross receipts derived
 8791  from space flight business contracts during the 5 taxable years
 8792  immediately preceding the date the application is submitted.
 8793         9. The number of full-time equivalent jobs in this state to
 8794  be retained by the project.
 8795         10. A brief statement concerning the applicant’s need for
 8796  tax refunds and the proposed uses of such refunds by the
 8797  applicant.
 8798         11. A resolution adopted by the governing board of the
 8799  county or municipality in which the project will be located
 8800  which recommends the applicant be approved as a qualified
 8801  applicant and indicates that the necessary commitments of local
 8802  financial support for the applicant exist. Prior to the adoption
 8803  of the resolution, the county commission may review the proposed
 8804  public or private sources of such support and determine whether
 8805  the proposed sources of local financial support can be provided
 8806  or, for any applicant whose project is located in a county
 8807  designated by the Rural Economic Development Initiative, a
 8808  resolution adopted by the county commissioners of such county
 8809  requesting that the applicant’s project be exempt from the local
 8810  financial support requirement.
 8811         12. Any additional information requested by Jobs Florida
 8812  the office.
 8813         (4) QUALIFIED APPLICANT TAX REFUND AGREEMENT.—
 8814         (a) A qualified applicant shall enter into a written
 8815  agreement with Jobs Florida the Office containing, but not
 8816  limited to, the following:
 8817         1. The total number of full-time equivalent jobs in this
 8818  state that are or will be dedicated to the qualified applicant’s
 8819  project, the average wage of such jobs, the definitions that
 8820  will apply for measuring the achievement of these terms during
 8821  the pendency of the agreement, and a time schedule or plan for
 8822  when such jobs will be in place and active in this state.
 8823         2. The maximum amount of a refund that the qualified
 8824  applicant is eligible to receive for each fiscal year, based on
 8825  the job creation or retention and maintenance schedule specified
 8826  in subparagraph 1.
 8827         3. An agreement with Jobs Florida the Office allowing Jobs
 8828  Florida the Office to review and verify the financial and
 8829  personnel records of the qualified applicant to ascertain
 8830  whether the qualified applicant is complying with the
 8831  requirements of this section.
 8832         4. The date by which, in each fiscal year, the qualified
 8833  applicant may file a claim pursuant to subsection (5) to be
 8834  considered to receive a tax refund in the following fiscal year.
 8835         5. That local financial support shall be annually available
 8836  and will be paid to the Economic Development Trust Fund.
 8837         (b) Compliance with the terms and conditions of the
 8838  agreement is a condition precedent for receipt of tax refunds
 8839  each year. The failure to comply with the terms and conditions
 8840  of the agreement shall result in the loss of eligibility for
 8841  receipt of all tax refunds previously authorized pursuant to
 8842  this section, and the revocation of the certification as a
 8843  qualified applicant by Jobs Florida the director, unless the
 8844  qualified applicant is eligible to receive and elects to accept
 8845  a prorated refund under paragraph (5)(g) or Jobs Florida the
 8846  Office grants the qualified applicant an economic-stimulus
 8847  exemption.
 8848         1. A qualified applicant may submit, in writing, a request
 8849  to Jobs Florida the Office for an economic-stimulus exemption.
 8850  The request must provide quantitative evidence demonstrating how
 8851  negative economic conditions in the qualified applicant’s
 8852  industry, the effects of the impact of a named hurricane or
 8853  tropical storm, or specific acts of terrorism affecting the
 8854  qualified applicant have prevented the qualified applicant from
 8855  complying with the terms and conditions of its tax refund
 8856  agreement.
 8857         2. Upon receipt of a request under subparagraph 1., Jobs
 8858  Florida the director shall have 45 days to notify the requesting
 8859  qualified applicant, in writing, if its exemption has been
 8860  granted or denied. In determining if an exemption should be
 8861  granted, Jobs Florida the director shall consider the extent to
 8862  which negative economic conditions in the requesting qualified
 8863  applicant’s industry, the effects of the impact of a named
 8864  hurricane or tropical storm, or specific acts of terrorism
 8865  affecting the qualified applicant have prevented the qualified
 8866  applicant from complying with the terms and conditions of its
 8867  tax refund agreement.
 8868         3. As a condition for receiving a prorated refund under
 8869  paragraph (5)(g) or an economic-stimulus exemption under this
 8870  paragraph, a qualified applicant must agree to renegotiate its
 8871  tax refund agreement with Jobs Florida the Office to, at a
 8872  minimum, ensure that the terms of the agreement comply with
 8873  current law and the Office procedures of Jobs Florida governing
 8874  application for and award of tax refunds. Upon approving the
 8875  award of a prorated refund or granting an economic-stimulus
 8876  exemption, Jobs Florida the Office shall renegotiate the tax
 8877  refund agreement with the qualified applicant as required by
 8878  this subparagraph. When amending the agreement of a qualified
 8879  applicant receiving an economic-stimulus exemption, Jobs Florida
 8880  the Office may extend the duration of the agreement for a period
 8881  not to exceed 2 years.
 8882         4. A qualified applicant may submit a request for an
 8883  economic-stimulus exemption to the Office in lieu of any tax
 8884  refund claim scheduled to be submitted after January 1, 2005,
 8885  but before July 1, 2006.
 8886         4.5. A qualified applicant that receives an economic
 8887  stimulus exemption may not receive a tax refund for the period
 8888  covered by the exemption.
 8889         (c) The agreement shall be signed by the commissioner
 8890  director and the authorized officer of the qualified applicant.
 8891         (d) The agreement must contain the following legend,
 8892  clearly printed on its face in bold type of not less than 10
 8893  points:
 8894  
 8895         “This agreement is neither a general obligation of the
 8896         State of Florida, nor is it backed by the full faith
 8897         and credit of the State of Florida. Payment of tax
 8898         refunds are conditioned on and subject to specific
 8899         annual appropriations by the Florida Legislature of
 8900         funds sufficient to pay amounts authorized in s.
 8901         288.1045, Florida Statutes.”
 8902  
 8903         (5) ANNUAL CLAIM FOR REFUND.—
 8904         (a) To be eligible to claim any scheduled tax refund,
 8905  qualified applicants who have entered into a written agreement
 8906  with Jobs Florida the Office pursuant to subsection (4) and who
 8907  have entered into a valid new Department of Defense contract,
 8908  entered into a valid new space flight business contract,
 8909  commenced the consolidation of a space flight business contract,
 8910  commenced the consolidation of a Department of Defense contract,
 8911  commenced the conversion of defense production jobs to
 8912  nondefense production jobs, or entered into a valid contract for
 8913  reuse of a defense-related facility must apply by January 31 of
 8914  each fiscal year to Jobs Florida the Office for tax refunds
 8915  scheduled to be paid from the appropriation for the fiscal year
 8916  that begins on July 1 following the January 31 claims-submission
 8917  date. Jobs Florida The Office may, upon written request, grant a
 8918  30-day extension of the filing date. The application must
 8919  include a notarized signature of an officer of the applicant.
 8920         (d) Jobs Florida The director, with assistance from the
 8921  Office, the Department of Revenue, and the Agency for Workforce
 8922  Innovation, shall, by June 30 following the scheduled date for
 8923  submitting the tax refund claim, specify by written order the
 8924  approval or disapproval of the tax refund claim and, if
 8925  approved, the amount of the tax refund that is authorized to be
 8926  paid to the qualified applicant for the annual tax refund. Jobs
 8927  Florida The Office may grant an extension of this date upon the
 8928  request of the qualified applicant for the purpose of filing
 8929  additional information in support of the claim.
 8930         (e) The total amount of tax refunds approved by Jobs
 8931  Florida the director under this section in any fiscal year may
 8932  not exceed the amount authorized under s. 288.095(3).
 8933         (g) A prorated tax refund, less a 5 percent penalty, shall
 8934  be approved for a qualified applicant provided all other
 8935  applicable requirements have been satisfied and the applicant
 8936  proves to the satisfaction of Jobs Florida the director that it
 8937  has achieved at least 80 percent of its projected employment and
 8938  that the average wage paid by the qualified applicant is at
 8939  least 90 percent of the average wage specified in the tax refund
 8940  agreement, but in no case less than 115 percent of the average
 8941  private sector wage in the area available at the time of
 8942  certification. The prorated tax refund shall be calculated by
 8943  multiplying the tax refund amount for which the qualified
 8944  applicant would have been eligible, if all applicable
 8945  requirements had been satisfied, by the percentage of the
 8946  average employment specified in the tax refund agreement which
 8947  was achieved, and by the percentage of the average wages
 8948  specified in the tax refund agreement which was achieved.
 8949         (6) ADMINISTRATION.—
 8950         (a) Jobs Florida The Office may adopt rules pursuant to
 8951  chapter 120 for the administration of this section.
 8952         (b) Jobs Florida The Office may verify information provided
 8953  in any claim submitted for tax credits under this section with
 8954  regard to employment and wage levels or the payment of the taxes
 8955  with the appropriate agency or authority including the
 8956  Department of Revenue, Jobs Florida the Agency for Workforce
 8957  Innovation, or any local government or authority.
 8958         (c) To facilitate the process of monitoring and auditing
 8959  applications made under this program, Jobs Florida the Office
 8960  may provide a list of qualified applicants to the Department of
 8961  Revenue, to the Agency for Workforce Innovation, or to any local
 8962  government or authority. Jobs Florida the Office may request the
 8963  assistance of said entities with respect to monitoring jobs,
 8964  wages, and the payment of the taxes listed in subsection (2).
 8965         (7) Notwithstanding paragraphs (4)(a) and (5)(c), the
 8966  Office may approve a waiver of the local financial support
 8967  requirement for a business located in any of the following
 8968  counties in which businesses received emergency loans
 8969  administered by the Office in response to the named hurricanes
 8970  of 2004: Bay, Brevard, Charlotte, DeSoto, Escambia, Flagler,
 8971  Glades, Hardee, Hendry, Highlands, Indian River, Lake, Lee,
 8972  Martin, Okaloosa, Okeechobee, Orange, Osceola, Palm Beach, Polk,
 8973  Putnam, Santa Rosa, Seminole, St. Lucie, Volusia, and Walton. A
 8974  waiver may be granted only if the Office determines that the
 8975  local financial support cannot be provided or that doing so
 8976  would effect a demonstrable hardship on the unit of local
 8977  government providing the local financial support. If the Office
 8978  grants a waiver of the local financial support requirement, the
 8979  state shall pay 100 percent of the refund due to an eligible
 8980  business. The waiver shall apply for tax refund applications
 8981  made for fiscal years 2004-2005, 2005-2006, and 2006-2007.
 8982         (7)(8) EXPIRATION.—An applicant may not be certified as
 8983  qualified under this section after June 30, 2014. A tax refund
 8984  agreement existing on that date shall continue in effect in
 8985  accordance with its terms.
 8986         Section 144. Paragraphs (d), (f), (n), (p), (r), and (t) of
 8987  subsection (2), paragraphs (a), (b), and (f) of subsection (3),
 8988  subsection (4), paragraphs (a), (b), and (c) of subsection (5),
 8989  paragraphs (a), (c), (f), and (g) of subsection (6), and
 8990  subsection (7) of section 288.106, Florida Statutes, are
 8991  amended, and present paragraphs (g) through (u) of subsection
 8992  (2) are redesignated as paragraphs (f) through (n),
 8993  respectively, to read:
 8994         288.106 Tax refund program for qualified target industry
 8995  businesses.—
 8996         (2) DEFINITIONS.—As used in this section:
 8997         (d) “Business” means an employing unit, as defined in s.
 8998  443.036, that is registered for unemployment compensation
 8999  purposes with the state agency providing unemployment tax
 9000  collection services under contract with the Agency for Workforce
 9001  Innovation through an interagency agreement pursuant to s.
 9002  443.1316, or a subcategory or division of an employing unit that
 9003  is accepted by the state agency providing unemployment tax
 9004  collection services as a reporting unit.
 9005         (f) “Director” means the Director of the Office of Tourism,
 9006  Trade, and Economic Development.
 9007         (n) “Office” means the Office of Tourism, Trade, and
 9008  Economic Development.
 9009         (n)(p) “Qualified target industry business” means a target
 9010  industry business approved by Jobs Florida the Office to be
 9011  eligible for tax refunds under this section.
 9012         (q) “Return on investment” means the gain in state revenues
 9013  as a percentage of the state’s investment. The state’s
 9014  investment includes state grants, tax exemptions, tax refunds,
 9015  tax credits, and other state incentives.
 9016         (o)(r) “Rural city” means a city having a population of
 9017  10,000 or fewer, or a city having a population of greater than
 9018  10,000 but fewer than 20,000 that has been determined by Jobs
 9019  Florida the Office to have economic characteristics such as, but
 9020  not limited to, a significant percentage of residents on public
 9021  assistance, a significant percentage of residents with income
 9022  below the poverty level, or a significant percentage of the
 9023  city’s employment base in agriculture-related industries.
 9024         (q)(t) “Target industry business” means a corporate
 9025  headquarters business or any business that is engaged in one of
 9026  the target industries identified pursuant to the following
 9027  criteria developed by Jobs Florida the Office in consultation
 9028  with the Jobs Florida Partnership Enterprise Florida, Inc.:
 9029         1. Future growth.—Industry forecasts should indicate strong
 9030  expectation for future growth in both employment and output,
 9031  according to the most recent available data. Special
 9032  consideration should be given to businesses that export goods
 9033  to, or provide services in, international markets and businesses
 9034  that replace domestic and international imports of goods or
 9035  services.
 9036         2. Stability.—The industry should not be subject to
 9037  periodic layoffs, whether due to seasonality or sensitivity to
 9038  volatile economic variables such as weather. The industry should
 9039  also be relatively resistant to recession, so that the demand
 9040  for products of this industry is not typically subject to
 9041  decline during an economic downturn.
 9042         3. High wage.—The industry should pay relatively high wages
 9043  compared to statewide or area averages.
 9044         4. Market and resource independent.—The location of
 9045  industry businesses should not be dependent on Florida markets
 9046  or resources as indicated by industry analysis, except for
 9047  businesses in the renewable energy industry.
 9048         5. Industrial base diversification and strengthening.—The
 9049  industry should contribute toward expanding or diversifying the
 9050  state’s or area’s economic base, as indicated by analysis of
 9051  employment and output shares compared to national and regional
 9052  trends. Special consideration should be given to industries that
 9053  strengthen regional economies by adding value to basic products
 9054  or building regional industrial clusters as indicated by
 9055  industry analysis. Special consideration should also be given to
 9056  the development of strong industrial clusters that include
 9057  defense and homeland security businesses.
 9058         6. Positive economic impact benefits.—The industry is
 9059  expected to have strong positive economic impacts on or benefits
 9060  to the state or regional economies.
 9061  
 9062  The term does not include any business engaged in retail
 9063  industry activities; any electrical utility company; any
 9064  phosphate or other solid minerals severance, mining, or
 9065  processing operation; any oil or gas exploration or production
 9066  operation; or any business subject to regulation by the Division
 9067  of Hotels and Restaurants of the Department of Business and
 9068  Professional Regulation. Any business within NAICS code 5611 or
 9069  5614, office administrative services and business support
 9070  services, respectively, may be considered a target industry
 9071  business only after the local governing body and the Jobs
 9072  Florida Partnership Enterprise Florida, Inc., make a
 9073  determination that the community where the business may locate
 9074  has conditions affecting the fiscal and economic viability of
 9075  the local community or area, including but not limited to,
 9076  factors such as low per capita income, high unemployment, high
 9077  underemployment, and a lack of year-round stable employment
 9078  opportunities, and such conditions may be improved by the
 9079  location of such a business to the community. By January 1 of
 9080  every 3rd year, beginning January 1, 2011, Jobs Florida the
 9081  Office, in consultation with the Jobs Florida Partnership
 9082  Enterprise Florida, Inc., economic development organizations,
 9083  the State University System, local governments, employee and
 9084  employer organizations, market analysts, and economists, shall
 9085  review and, as appropriate, revise the list of such target
 9086  industries and submit the list to the Governor, the President of
 9087  the Senate, and the Speaker of the House of Representatives.
 9088         (3) TAX REFUND; ELIGIBLE AMOUNTS.—
 9089         (a) There shall be allowed, from the account, a refund to a
 9090  qualified target industry business for the amount of eligible
 9091  taxes certified by Jobs Florida the Office that were paid by the
 9092  business. The total amount of refunds for all fiscal years for
 9093  each qualified target industry business must be determined
 9094  pursuant to subsection (4). The annual amount of a refund to a
 9095  qualified target industry business must be determined pursuant
 9096  to subsection (6).
 9097         (b)1. Upon approval by Jobs Florida the Office, a qualified
 9098  target industry business shall be allowed tax refund payments
 9099  equal to $3,000 multiplied by the number of jobs specified in
 9100  the tax refund agreement under subparagraph (5)(a)1., or equal
 9101  to $6,000 multiplied by the number of jobs if the project is
 9102  located in a rural community or an enterprise zone.
 9103         2. A qualified target industry business shall be allowed
 9104  additional tax refund payments equal to $1,000 multiplied by the
 9105  number of jobs specified in the tax refund agreement under
 9106  subparagraph (5)(a)1. if such jobs pay an annual average wage of
 9107  at least 150 percent of the average private sector wage in the
 9108  area, or equal to $2,000 multiplied by the number of jobs if
 9109  such jobs pay an annual average wage of at least 200 percent of
 9110  the average private sector wage in the area.
 9111         3. A qualified target industry business shall be allowed
 9112  tax refund payments in addition to the other payments authorized
 9113  in this paragraph equal to $1,000 multiplied by the number of
 9114  jobs specified in the tax refund agreement under subparagraph
 9115  (5)(a)1. if the local financial support is equal to that of the
 9116  state’s incentive award under subparagraph 1.
 9117         4. In addition to the other tax refund payments authorized
 9118  in this paragraph, a qualified target industry business shall be
 9119  allowed a tax refund payment equal to $2,000 multiplied by the
 9120  number of jobs specified in the tax refund agreement under
 9121  subparagraph (5)(a)1. if the business:
 9122         a. Falls within one of the high-impact sectors designated
 9123  under s. 288.108; or
 9124         b. Increases exports of its goods through a seaport or
 9125  airport in the state by at least 10 percent in value or tonnage
 9126  in each of the years that the business receives a tax refund
 9127  under this section. For purposes of this sub-subparagraph,
 9128  seaports in the state are limited to the ports of Jacksonville,
 9129  Tampa, Port Everglades, Miami, Port Canaveral, Ft. Pierce, Palm
 9130  Beach, Port Manatee, Port St. Joe, Panama City, St. Petersburg,
 9131  Pensacola, Fernandina, and Key West.
 9132         (f) Refunds made available under this section may not be
 9133  expended in connection with the relocation of a business from
 9134  one community to another community in the state unless Jobs
 9135  Florida the Office determines that, without such relocation, the
 9136  business will move outside the state or determines that the
 9137  business has a compelling economic rationale for relocation and
 9138  that the relocation will create additional jobs.
 9139         (4) APPLICATION AND APPROVAL PROCESS.—
 9140         (a) To apply for certification as a qualified target
 9141  industry business under this section, the business must file an
 9142  application with Jobs Florida the Office before the business
 9143  decides to locate in this state or before the business decides
 9144  to expand its existing operations in this state. The application
 9145  must include, but need not be limited to, the following
 9146  information:
 9147         1. The applicant’s federal employer identification number
 9148  and, if applicable, state sales tax registration number.
 9149         2. The proposed permanent location of the applicant’s
 9150  facility in this state at which the project is to be located.
 9151         3. A description of the type of business activity or
 9152  product covered by the project, including a minimum of a five
 9153  digit NAICS code for all activities included in the project. As
 9154  used in this paragraph, “NAICS” means those classifications
 9155  contained in the North American Industry Classification System,
 9156  as published in 2007 by the Office of Management and Budget,
 9157  Executive Office of the President, and updated periodically.
 9158         4. The proposed number of net new full-time equivalent
 9159  Florida jobs at the qualified target industry business as of
 9160  December 31 of each year included in the project and the average
 9161  wage of those jobs. If more than one type of business activity
 9162  or product is included in the project, the number of jobs and
 9163  average wage for those jobs must be separately stated for each
 9164  type of business activity or product.
 9165         5. The total number of full-time equivalent employees
 9166  employed by the applicant in this state, if applicable.
 9167         6. The anticipated commencement date of the project.
 9168         7. A brief statement explaining the role that the estimated
 9169  tax refunds to be requested will play in the decision of the
 9170  applicant to locate or expand in this state.
 9171         8. An estimate of the proportion of the sales resulting
 9172  from the project that will be made outside this state.
 9173         9. An estimate of the proportion of the cost of the
 9174  machinery and equipment, and any other resources necessary in
 9175  the development of its product or service, to be used by the
 9176  business in its Florida operations which will be purchased
 9177  outside this state.
 9178         10. A resolution adopted by the governing board of the
 9179  county or municipality in which the project will be located,
 9180  which resolution recommends that the project be approved as a
 9181  qualified target industry business and specifies that the
 9182  commitments of local financial support necessary for the target
 9183  industry business exist. Before the passage of such resolution,
 9184  Jobs Florida the office may also accept an official letter from
 9185  an authorized local economic development agency that endorses
 9186  the proposed target industry project and pledges that sources of
 9187  local financial support for such project exist. For the purposes
 9188  of making pledges of local financial support under this
 9189  subparagraph, the authorized local economic development agency
 9190  shall be officially designated by the passage of a one-time
 9191  resolution by the local governing board.
 9192         11. Any additional information requested by Jobs Florida
 9193  the Office.
 9194         (b) To qualify for review by Jobs Florida the Office, the
 9195  application of a target industry business must, at a minimum,
 9196  establish the following to the satisfaction of Jobs Florida the
 9197  office:
 9198         1.a. The jobs proposed to be created under the application,
 9199  pursuant to subparagraph (a)4., must pay an estimated annual
 9200  average wage equaling at least 115 percent of the average
 9201  private sector wage in the area where the business is to be
 9202  located or the statewide private sector average wage. The
 9203  governing board of the county where the qualified target
 9204  industry business is to be located shall notify Jobs Florida the
 9205  Office and the Jobs Florida Partnership Enterprise Florida,
 9206  Inc., which calculation of the average private sector wage in
 9207  the area must be used as the basis for the business’s wage
 9208  commitment. In determining the average annual wage, Jobs Florida
 9209  the Office shall include only new proposed jobs, and wages for
 9210  existing jobs shall be excluded from this calculation.
 9211         b. Jobs Florida the Office may waive the average wage
 9212  requirement at the request of the local governing body
 9213  recommending the project and the Jobs Florida Partnership
 9214  Enterprise Florida, Inc. Jobs Florida the Office may waive the
 9215  wage requirement for a project located in a brownfield area
 9216  designated under s. 376.80, in a rural city, in a rural
 9217  community, in an enterprise zone, or for a manufacturing project
 9218  at any location in the state if the jobs proposed to be created
 9219  pay an estimated annual average wage equaling at least 100
 9220  percent of the average private sector wage in the area where the
 9221  business is to be located, only if the merits of the individual
 9222  project or the specific circumstances in the community in
 9223  relationship to the project warrant such action. If the local
 9224  governing body and the Jobs Florida Partnership Enterprise
 9225  Florida, Inc., make such a recommendation, it must be
 9226  transmitted in writing, and the specific justification for the
 9227  waiver recommendation must be explained. If Jobs Florida the
 9228  Office elects to waive the wage requirement, the waiver must be
 9229  stated in writing, and the reasons for granting the waiver must
 9230  be explained.
 9231         2. The target industry business’s project must result in
 9232  the creation of at least 10 jobs at the project and, in the case
 9233  of an expansion of an existing business, must result in a net
 9234  increase in employment of at least 10 percent at the business.
 9235  At the request of the local governing body recommending the
 9236  project and the Jobs Florida Partnership Enterprise Florida,
 9237  Inc., Jobs Florida the Office may waive this requirement for a
 9238  business in a rural community or enterprise zone if the merits
 9239  of the individual project or the specific circumstances in the
 9240  community in relationship to the project warrant such action. If
 9241  the local governing body and the Jobs Florida Partnership, Inc.,
 9242  Enterprise Florida, Inc., make such a request, the request must
 9243  be transmitted in writing, and the specific justification for
 9244  the request must be explained. If Jobs Florida the Office elects
 9245  to grant the request, the grant must be stated in writing, and
 9246  the reason for granting the request must be explained.
 9247         3. The business activity or product for the applicant’s
 9248  project must be within an industry identified by Jobs Florida
 9249  the Office as a target industry business that contributes to the
 9250  economic growth of the state and the area in which the business
 9251  is located, that produces a higher standard of living for
 9252  residents of this state in the new global economy, or that can
 9253  be shown to make an equivalent contribution to the area’s and
 9254  state’s economic progress.
 9255         (c) Each application meeting the requirements of paragraph
 9256  (b) must be submitted to Jobs Florida the Office for
 9257  determination of eligibility. Jobs Florida the Office shall
 9258  review and evaluate each application based on, but not limited
 9259  to, the following criteria:
 9260         1. Expected contributions to the state’s economy,
 9261  consistent with the state strategic economic development plan
 9262  adopted by the Jobs Florida Partnership, Inc. Enterprise
 9263  Florida, Inc.
 9264         2. The economic benefits return on investment of the
 9265  proposed award of tax refunds under this section and the
 9266  economic benefits of return on investment for state incentives
 9267  proposed for the project. The term “economic benefits” has the
 9268  same meaning as in s. 288.005. The Office of Economic and
 9269  Demographic Research shall review and evaluate the methodology
 9270  and model used to calculate the economic benefits return on
 9271  investment and shall report its findings by September 1 of every
 9272  3rd year, beginning September 1, 2010, to the President of the
 9273  Senate and the Speaker of the House of Representatives.
 9274         3. The amount of capital investment to be made by the
 9275  applicant in this state.
 9276         4. The local financial commitment and support for the
 9277  project.
 9278         5. The effect of the project on the unemployment rate in
 9279  the county where the project will be located.
 9280         6. The effect of the award on the viability of the project
 9281  and the probability that the project would be undertaken in this
 9282  state if such tax refunds are granted to the applicant.
 9283         7. The expected long-term commitment of the applicant to
 9284  economic growth and employment in this state resulting from the
 9285  project.
 9286         8. A review of the business’s past activities in this state
 9287  or other states, including whether such business has been
 9288  subjected to criminal or civil fines and penalties. This
 9289  subparagraph does not require the disclosure of confidential
 9290  information.
 9291         (d) Applications shall be reviewed and certified pursuant
 9292  to s. 288.061. Jobs Florida the Office shall include in its
 9293  review projections of the tax refunds the business would be
 9294  eligible to receive in each fiscal year based on the creation
 9295  and maintenance of the net new Florida jobs specified in
 9296  subparagraph (a)4. as of December 31 of the preceding state
 9297  fiscal year. If appropriate, Jobs Florida the Office shall enter
 9298  into a written agreement with the qualified target industry
 9299  business pursuant to subsection (5).
 9300         (e) Jobs Florida the Office may not certify any target
 9301  industry business as a qualified target industry business if the
 9302  value of tax refunds to be included in that letter of
 9303  certification exceeds the available amount of authority to
 9304  certify new businesses as determined in s. 288.095(3). However,
 9305  if the commitments of local financial support represent less
 9306  than 20 percent of the eligible tax refund payments, or to
 9307  otherwise preserve the viability and fiscal integrity of the
 9308  program, Jobs Florida the office may certify a qualified target
 9309  industry business to receive tax refund payments of less than
 9310  the allowable amounts specified in paragraph (3)(b). A letter of
 9311  certification that approves an application must specify the
 9312  maximum amount of tax refund that will be available to the
 9313  qualified industry business in each fiscal year and the total
 9314  amount of tax refunds that will be available to the business for
 9315  all fiscal years.
 9316         (f) This section does not create a presumption that an
 9317  applicant will receive any tax refunds under this section.
 9318  However, Jobs Florida the Office may issue nonbinding opinion
 9319  letters, upon the request of prospective applicants, as to the
 9320  applicants’ eligibility and the potential amount of refunds.
 9321         (5) TAX REFUND AGREEMENT.—
 9322         (a) Each qualified target industry business must enter into
 9323  a written agreement with Jobs Florida the Office that specifies,
 9324  at a minimum:
 9325         1. The total number of full-time equivalent jobs in this
 9326  state that will be dedicated to the project, the average wage of
 9327  those jobs, the definitions that will apply for measuring the
 9328  achievement of these terms during the pendency of the agreement,
 9329  and a time schedule or plan for when such jobs will be in place
 9330  and active in this state.
 9331         2. The maximum amount of tax refunds that the qualified
 9332  target industry business is eligible to receive on the project
 9333  and the maximum amount of a tax refund that the qualified target
 9334  industry business is eligible to receive for each fiscal year,
 9335  based on the job creation and maintenance schedule specified in
 9336  subparagraph 1.
 9337         3. That Jobs Florida the Office may review and verify the
 9338  financial and personnel records of the qualified target industry
 9339  business to ascertain whether that business is in compliance
 9340  with this section.
 9341         4. The date by which, in each fiscal year, the qualified
 9342  target industry business may file a claim under subsection (6)
 9343  to be considered to receive a tax refund in the following fiscal
 9344  year.
 9345         5. That local financial support will be annually available
 9346  and will be paid to the account. Jobs Florida the Office may not
 9347  enter into a written agreement with a qualified target industry
 9348  business if the local financial support resolution is not passed
 9349  by the local governing body within 90 days after Jobs Florida
 9350  the Office has issued the letter of certification under
 9351  subsection (4).
 9352         6. That Jobs Florida the Office may conduct a review of the
 9353  business to evaluate whether the business is continuing to
 9354  contribute to the area’s or state’s economy.
 9355         7. That in the event the business does not complete the
 9356  agreement, the business will provide Jobs Florida the Office
 9357  with the reasons the business was unable to complete the
 9358  agreement.
 9359         (b) Compliance with the terms and conditions of the
 9360  agreement is a condition precedent for the receipt of a tax
 9361  refund each year. The failure to comply with the terms and
 9362  conditions of the tax refund agreement results in the loss of
 9363  eligibility for receipt of all tax refunds previously authorized
 9364  under this section and the revocation by Jobs Florida the Office
 9365  of the certification of the business entity as a qualified
 9366  target industry business, unless the business is eligible to
 9367  receive and elects to accept a prorated refund under paragraph
 9368  (6)(e) or Jobs Florida the Office grants the business an
 9369  economic recovery extension.
 9370         1. A qualified target industry business may submit a
 9371  request to Jobs Florida the Office for an economic recovery
 9372  extension. The request must provide quantitative evidence
 9373  demonstrating how negative economic conditions in the business’s
 9374  industry, the effects of a named hurricane or tropical storm, or
 9375  specific acts of terrorism affecting the qualified target
 9376  industry business have prevented the business from complying
 9377  with the terms and conditions of its tax refund agreement.
 9378         2. Upon receipt of a request under subparagraph 1., Jobs
 9379  Florida the Office has 45 days to notify the requesting
 9380  business, in writing, whether its extension has been granted or
 9381  denied. In determining whether an extension should be granted,
 9382  Jobs Florida the Office shall consider the extent to which
 9383  negative economic conditions in the requesting business’s
 9384  industry have occurred in the state or the effects of a named
 9385  hurricane or tropical storm or specific acts of terrorism
 9386  affecting the qualified target industry business have prevented
 9387  the business from complying with the terms and conditions of its
 9388  tax refund agreement. Jobs Florida the Office shall consider
 9389  current employment statistics for this state by industry,
 9390  including whether the business’s industry had substantial job
 9391  loss during the prior year, when determining whether an
 9392  extension shall be granted.
 9393         3. As a condition for receiving a prorated refund under
 9394  paragraph (6)(e) or an economic recovery extension under this
 9395  paragraph, a qualified target industry business must agree to
 9396  renegotiate its tax refund agreement with Jobs Florida the
 9397  Office to, at a minimum, ensure that the terms of the agreement
 9398  comply with current law and office procedures governing
 9399  application for and award of tax refunds. Upon approving the
 9400  award of a prorated refund or granting an economic recovery
 9401  extension, Jobs Florida the Office shall renegotiate the tax
 9402  refund agreement with the business as required by this
 9403  subparagraph. When amending the agreement of a business
 9404  receiving an economic recovery extension, Jobs Florida the
 9405  Office may extend the duration of the agreement for a period not
 9406  to exceed 2 years.
 9407         4. A qualified target industry business may submit a
 9408  request for an economic recovery extension to Jobs Florida the
 9409  Office in lieu of any tax refund claim scheduled to be submitted
 9410  after January 1, 2009, but before July 1, 2012.
 9411         5. A qualified target industry business that receives an
 9412  economic recovery extension may not receive a tax refund for the
 9413  period covered by the extension.
 9414         (c) The agreement must be signed by the commissioner
 9415  director and by an authorized officer of the qualified target
 9416  industry business within 120 days after the issuance of the
 9417  letter of certification under subsection (4), but not before
 9418  passage and receipt of the resolution of local financial
 9419  support. Jobs Florida The Office may grant an extension of this
 9420  period at the written request of the qualified target industry
 9421  business.
 9422         (6) ANNUAL CLAIM FOR REFUND.—
 9423         (a) To be eligible to claim any scheduled tax refund, a
 9424  qualified target industry business that has entered into a tax
 9425  refund agreement with Jobs Florida the Office under subsection
 9426  (5) must apply by January 31 of each fiscal year to Jobs Florida
 9427  the office for the tax refund scheduled to be paid from the
 9428  appropriation for the fiscal year that begins on July 1
 9429  following the January 31 claims-submission date. Jobs Florida
 9430  The Office may, upon written request, grant a 30-day extension
 9431  of the filing date.
 9432         (c) Jobs Florida the Office may waive the requirement for
 9433  proof of taxes paid in future years for a qualified target
 9434  industry business that provides the office with proof that, in a
 9435  single year, the business has paid an amount of state taxes from
 9436  the categories in paragraph (3)(d) that is at least equal to the
 9437  total amount of tax refunds that the business may receive
 9438  through successful completion of its tax refund agreement.
 9439         (f) Jobs Florida the Office, with such assistance as may be
 9440  required from the Department of Revenue or the Agency for
 9441  Workforce Innovation, shall, by June 30 following the scheduled
 9442  date for submission of the tax refund claim, specify by written
 9443  order the approval or disapproval of the tax refund claim and,
 9444  if approved, the amount of the tax refund that is authorized to
 9445  be paid to the qualified target industry business for the annual
 9446  tax refund. Jobs Florida the Office may grant an extension of
 9447  this date on the request of the qualified target industry
 9448  business for the purpose of filing additional information in
 9449  support of the claim.
 9450         (g) The total amount of tax refund claims approved by Jobs
 9451  Florida the Office under this section in any fiscal year must
 9452  not exceed the amount authorized under s. 288.095(3).
 9453         (7) ADMINISTRATION.—
 9454         (a) Jobs Florida the Office may verify information provided
 9455  in any claim submitted for tax credits under this section with
 9456  regard to employment and wage levels or the payment of the taxes
 9457  to the appropriate agency or authority, including the Department
 9458  of Revenue, the Agency for Workforce Innovation, or any local
 9459  government or authority.
 9460         (b) To facilitate the process of monitoring and auditing
 9461  applications made under this section, Jobs Florida the Office
 9462  may provide a list of qualified target industry businesses to
 9463  the Department of Revenue, to the Agency for Workforce
 9464  Innovation, or to any local government or authority. Jobs
 9465  Florida The Office may request the assistance of those entities
 9466  with respect to monitoring jobs, wages, and the payment of the
 9467  taxes listed in subsection (3).
 9468         (c) Funds specifically appropriated for tax refunds for
 9469  qualified target industry businesses under this section may not
 9470  be used by Jobs Florida the Office for any purpose other than
 9471  the payment of tax refunds authorized by this section.
 9472         (d) Beginning with tax refund agreements signed after July
 9473  1, 2010, Jobs Florida the Office shall attempt to ascertain the
 9474  causes for any business’s failure to complete its agreement and
 9475  shall report its findings and recommendations to the Governor,
 9476  the President of the Senate, and the Speaker of the House of
 9477  Representatives. The report shall be submitted by December 1 of
 9478  each year beginning in 2011.
 9479         Section 145. Paragraphs (d), (e), (f), (g) and (h) of
 9480  subsection (1), subsection (2), paragraphs (a), (b), (f), (g),
 9481  (h), and (i) of subsection (4), and subsection (5) of section
 9482  288.107, Florida Statutes, are amended to read:
 9483         288.107 Brownfield redevelopment bonus refunds.—
 9484         (1) DEFINITIONS.—As used in this section:
 9485         (d) “Director” means the director of the Office of Tourism,
 9486  Trade, and Economic Development.
 9487         (d)(e) “Eligible business” means:
 9488         1. A qualified target industry business as defined in s.
 9489  288.106(2); or
 9490         2. A business that can demonstrate a fixed capital
 9491  investment of at least $2 million in mixed-use business
 9492  activities, including multiunit housing, commercial, retail, and
 9493  industrial in brownfield areas, or at least $500,000 in
 9494  brownfield areas that do not require site cleanup, and that
 9495  provides benefits to its employees.
 9496         (e)(f) “Jobs” means full-time equivalent positions,
 9497  including, but not limited to, positions obtained from a
 9498  temporary employment agency or employee leasing company or
 9499  through a union agreement or coemployment under a professional
 9500  employer organization agreement, that result directly from a
 9501  project in this state. The term does not include temporary
 9502  construction jobs involved with the construction of facilities
 9503  for the project and which are not associated with the
 9504  implementation of the site rehabilitation as provided in s.
 9505  376.80.
 9506         (g) “Office” means The Office of Tourism, Trade, and
 9507  Economic Development.
 9508         (f)(h) “Project” means the creation of a new business or
 9509  the expansion of an existing business as defined in s. 288.106.
 9510         (2) BROWNFIELD REDEVELOPMENT BONUS REFUND.—Bonus refunds
 9511  shall be approved by Jobs Florida the Office as specified in the
 9512  final order and allowed from the account as follows:
 9513         (a) A bonus refund of $2,500 shall be allowed to any
 9514  qualified target industry business as defined in s. 288.106 for
 9515  each new Florida job created in a brownfield area that is
 9516  claimed on the qualified target industry business’s annual
 9517  refund claim authorized in s. 288.106(6).
 9518         (b) A bonus refund of up to $2,500 shall be allowed to any
 9519  other eligible business as defined in subparagraph (1)(d)2.
 9520  subparagraph (1)(e)2. for each new Florida job created in a
 9521  brownfield area that is claimed under an annual claim procedure
 9522  similar to the annual refund claim authorized in s. 288.106(6).
 9523  The amount of the refund shall be equal to 20 percent of the
 9524  average annual wage for the jobs created.
 9525         (4) PAYMENT OF BROWNFIELD REDEVELOPMENT BONUS REFUNDS.—
 9526         (a) To be eligible to receive a bonus refund for new
 9527  Florida jobs created in a brownfield area, a business must have
 9528  been certified as a qualified target industry business under s.
 9529  288.106 or eligible business as defined in paragraph (1)(d)
 9530  paragraph (1)(e) and must have indicated on the qualified target
 9531  industry business tax refund application form submitted in
 9532  accordance with s. 288.106(4) or other similar agreement for
 9533  other eligible business as defined in paragraph (1)(d) paragraph
 9534  (1)(e) that the project for which the application is submitted
 9535  is or will be located in a brownfield area and that the business
 9536  is applying for certification as a qualified brownfield business
 9537  under this section, and must have signed a qualified target
 9538  industry business tax refund agreement with Jobs Florida the
 9539  Office that indicates that the business has been certified as a
 9540  qualified target industry business located in a brownfield area
 9541  and specifies the schedule of brownfield redevelopment bonus
 9542  refunds that the business may be eligible to receive in each
 9543  fiscal year.
 9544         (b) To be considered to receive an eligible brownfield
 9545  redevelopment bonus refund payment, the business meeting the
 9546  requirements of paragraph (a) must submit a claim once each
 9547  fiscal year on a claim form approved by Jobs Florida the Office
 9548  which indicates the location of the brownfield, the address of
 9549  the business facility’s brownfield location, the name of the
 9550  brownfield in which it is located, the number of jobs created,
 9551  and the average wage of the jobs created by the business within
 9552  the brownfield as defined in s. 288.106 or other eligible
 9553  business as defined in paragraph (1)(d) paragraph (1)(e) and the
 9554  administrative rules and policies for that section.
 9555         (f) Applications shall be reviewed and certified pursuant
 9556  to s. 288.061. Jobs Florida The Office shall review all
 9557  applications submitted under s. 288.106 or other similar
 9558  application forms for other eligible businesses as defined in
 9559  paragraph (1)(d) paragraph (1)(e) which indicate that the
 9560  proposed project will be located in a brownfield and determine,
 9561  with the assistance of the Department of Environmental
 9562  Protection, that the project location is within a brownfield as
 9563  provided in this act.
 9564         (g) Jobs Florida The Office shall approve all claims for a
 9565  brownfield redevelopment bonus refund payment that are found to
 9566  meet the requirements of paragraphs (b) and (d).
 9567         (h) Jobs Florida The director, with such assistance as may
 9568  be required from the Office and the Department of Environmental
 9569  Protection, shall specify by written final order the amount of
 9570  the brownfield redevelopment bonus refund that is authorized for
 9571  the qualified target industry business for the fiscal year
 9572  within 30 days after the date that the claim for the annual tax
 9573  refund is received by Jobs Florida the office.
 9574         (i) The total amount of the bonus refunds approved by Jobs
 9575  Florida the director under this section in any fiscal year must
 9576  not exceed the total amount appropriated to the Economic
 9577  Development Incentives Account for this purpose for the fiscal
 9578  year. In the event that the Legislature does not appropriate an
 9579  amount sufficient to satisfy projections by Jobs Florida the
 9580  Office for brownfield redevelopment bonus refunds under this
 9581  section in a fiscal year, Jobs Florida the Office shall, not
 9582  later than July 15 of such year, determine the proportion of
 9583  each brownfield redevelopment bonus refund claim which shall be
 9584  paid by dividing the amount appropriated for tax refunds for the
 9585  fiscal year by the projected total of brownfield redevelopment
 9586  bonus refund claims for the fiscal year. The amount of each
 9587  claim for a brownfield redevelopment bonus tax refund shall be
 9588  multiplied by the resulting quotient. If, after the payment of
 9589  all such refund claims, funds remain in the Economic Development
 9590  Incentives Account for brownfield redevelopment tax refunds,
 9591  Jobs Florida the Office shall recalculate the proportion for
 9592  each refund claim and adjust the amount of each claim
 9593  accordingly.
 9594         (5) ADMINISTRATION.—
 9595         (a) Jobs Florida the Office may verify information provided
 9596  in any claim submitted for tax credits under this section with
 9597  regard to employment and wage levels or the payment of the taxes
 9598  to the appropriate agency or authority, including the Department
 9599  of Revenue, the Agency for Workforce Innovation, or any local
 9600  government or authority.
 9601         (b) To facilitate the process of monitoring and auditing
 9602  applications made under this program, Jobs Florida the Office
 9603  may provide a list of qualified target industry businesses to
 9604  the Department of Revenue, to the Agency for Workforce
 9605  Innovation, to the Department of Environmental Protection, or to
 9606  any local government authority. Jobs Florida the office may
 9607  request the assistance of those entities with respect to
 9608  monitoring the payment of the taxes listed in s. 288.106(3).
 9609         Section 146. Paragraphs (a), (b), (c), and (d) of
 9610  subsection (2), paragraphs (b), (d), and (e) of subsection (3),
 9611  subsection (4), paragraphs (a) and (c) of subsection (5), and
 9612  subsections (6) and (7) of section 288.108, Florida Statutes,
 9613  are amended, and present paragraphs (e) through (j) of
 9614  subsection (2) are redesignated as paragraphs (c) through (h),
 9615  respectively, to read:
 9616         288.108 High-impact business.—
 9617         (2) DEFINITIONS.—As used in this section, the term:
 9618         (a) “Eligible high-impact business” means a business in one
 9619  of the high-impact sectors identified by the Jobs Florida
 9620  Partnership Enterprise Florida, Inc., and certified by Jobs
 9621  Florida the Office of Tourism, Trade, and Economic Development
 9622  as provided in subsection (5), which is making a cumulative
 9623  investment in the state of at least $50 million and creating at
 9624  least 50 new full-time equivalent jobs in the state or a
 9625  research and development facility making a cumulative investment
 9626  of at least $25 million and creating at least 25 new full-time
 9627  equivalent jobs. Such investment and employment must be achieved
 9628  in a period not to exceed 3 years after the date the business is
 9629  certified as a qualified high-impact business.
 9630         (b) “Qualified high-impact business” means a business in
 9631  one of the high-impact sectors that has been certified by Jobs
 9632  Florida the Office as a qualified high-impact business to
 9633  receive a high-impact sector performance grant.
 9634         (c) “Office” means the Office of Tourism, Trade, and
 9635  Economic Development.
 9636         (d) “Director” means the director of the Office of Tourism,
 9637  Trade, and Economic Development.
 9638         (3) HIGH-IMPACT SECTOR PERFORMANCE GRANTS; ELIGIBLE
 9639  AMOUNTS.—
 9640         (b) Jobs Florida The Office may, in consultation with
 9641  Enterprise Florida, Inc., negotiate qualified high-impact
 9642  business performance grant awards for any single qualified high
 9643  impact business. In negotiating such awards, Jobs Florida the
 9644  Office shall consider the following guidelines in conjunction
 9645  with other relevant applicant impact and cost information and
 9646  analysis as required in subsection (5).
 9647         1. A qualified high-impact business making a cumulative
 9648  investment of $50 million and creating 50 jobs may be eligible
 9649  for a total qualified high-impact business performance grant of
 9650  $500,000 to $1 million.
 9651         2. A qualified high-impact business making a cumulative
 9652  investment of $100 million and creating 100 jobs may be eligible
 9653  for a total qualified high-impact business performance grant of
 9654  $1 million to $2 million.
 9655         3. A qualified high-impact business making a cumulative
 9656  investment of $800 million and creating 800 jobs may be eligible
 9657  for a qualified high-impact business performance grant of $10
 9658  million to $12 million.
 9659         4. A qualified high-impact business engaged in research and
 9660  development making a cumulative investment of $25 million and
 9661  creating 25 jobs may be eligible for a total qualified high
 9662  impact business performance grant of $700,000 to $1 million.
 9663         5. A qualified high-impact business engaged in research and
 9664  development making a cumulative investment of $75 million, and
 9665  creating 75 jobs may be eligible for a total qualified high
 9666  impact business performance grant of $2 million to $3 million.
 9667         6. A qualified high-impact business engaged in research and
 9668  development making a cumulative investment of $150 million, and
 9669  creating 150 jobs may be eligible for a qualified high-impact
 9670  business performance grant of $3.5 million to $4.5 million.
 9671         (d) The balance of the performance grant award shall be
 9672  paid to the qualified high-impact business upon the business’s
 9673  certification that full operations have commenced and that the
 9674  full investment and employment goals specified in the qualified
 9675  high-impact business agreement have been met and verified by
 9676  Jobs Florida the Office of Tourism, Trade, and Economic
 9677  Development. The verification must occur not later than 60 days
 9678  after the qualified high-impact business has provided the
 9679  certification specified in this paragraph.
 9680         (e) Jobs Florida The office may, upon a showing of
 9681  reasonable cause for delay and significant progress toward the
 9682  achievement of the investment and employment goals specified in
 9683  the qualified high-impact business agreement, extend the date
 9684  for commencement of operations, not to exceed an additional 2
 9685  years beyond the limit specified in paragraph (2)(a), but in no
 9686  case may any high-impact sector performance grant payment be
 9687  made to the business until the scheduled goals have been
 9688  achieved.
 9689         (4) OFFICE OF TOURISM, TRADE, AND ECONOMIC DEVELOPMENT
 9690  AUTHORITY TO APPROVE QUALIFIED HIGH-IMPACT BUSINESS PERFORMANCE
 9691  GRANTS.—
 9692         (a) The total amount of active performance grants scheduled
 9693  for payment by Jobs Florida the office in any single fiscal year
 9694  may not exceed the lesser of $30 million or the amount
 9695  appropriated by the Legislature for that fiscal year for
 9696  qualified high-impact business performance grants. If the
 9697  scheduled grant payments are not made in the year for which they
 9698  were scheduled in the qualified high-impact business agreement
 9699  and are rescheduled as authorized in paragraph (3)(e), they are,
 9700  for purposes of this paragraph, deemed to have been paid in the
 9701  year in which they were originally scheduled in the qualified
 9702  high-impact business agreement.
 9703         (b) If the Legislature does not appropriate an amount
 9704  sufficient to satisfy the qualified high-impact business
 9705  performance grant payments scheduled for any fiscal year, Jobs
 9706  Florida the Office shall, not later than July 15 of that year,
 9707  determine the proportion of each grant payment which may be paid
 9708  by dividing the amount appropriated for qualified high-impact
 9709  business performance grant payments for the fiscal year by the
 9710  total performance grant payments scheduled in all performance
 9711  grant agreements for the fiscal year. The amount of each grant
 9712  scheduled for payment in that fiscal year must be multiplied by
 9713  the resulting quotient. All businesses affected by this
 9714  calculation must be notified by August 1 of each fiscal year.
 9715  If, after the payment of all the refund claims, funds remain in
 9716  the appropriation for payment of qualified high-impact business
 9717  performance grants, Jobs Florida the Office shall recalculate
 9718  the proportion for each performance grant payment and adjust the
 9719  amount of each claim accordingly.
 9720         (5) APPLICATIONS; CERTIFICATION PROCESS; GRANT AGREEMENT.—
 9721         (a) Any eligible business, as defined in subsection (2),
 9722  shall apply to the Jobs Florida Partnership Enterprise Florida,
 9723  Inc., for consideration as a qualified high-impact business
 9724  before the business has made a decision to locate or expand a
 9725  facility in this state. The application, developed by Jobs
 9726  Florida The Office of Tourism, Trade, and Economic Development,
 9727  in consultation with the Jobs Florida Partnership Enterprise
 9728  Florida, Inc., must include, but is not limited to, the
 9729  following information:
 9730         1. A complete description of the type of facility, business
 9731  operations, and product or service associated with the project.
 9732         2. The number of full-time equivalent jobs that will be
 9733  created by the project and the average annual wage of those
 9734  jobs.
 9735         3. The cumulative amount of investment to be dedicated to
 9736  this project within 3 years.
 9737         4. A statement concerning any special impacts the facility
 9738  is expected to stimulate in the sector, the state, or regional
 9739  economy and in state universities and community colleges.
 9740         5. A statement concerning the role the grant will play in
 9741  the decision of the applicant business to locate or expand in
 9742  this state.
 9743         6. Any additional information requested by Jobs Florida and
 9744  the Jobs Florida Partnership Enterprise Florida, Inc., and the
 9745  Office of Tourism, Trade, and Economic Development.
 9746         (c) Jobs Florida The director and the qualified high-impact
 9747  business shall enter into a performance grant agreement setting
 9748  forth the conditions for payment of the qualified high-impact
 9749  business performance grant. The agreement shall include the
 9750  total amount of the qualified high-impact business facility
 9751  performance grant award, the performance conditions that must be
 9752  met to obtain the award, including the employment, average
 9753  salary, investment, the methodology for determining if the
 9754  conditions have been met, and the schedule of performance grant
 9755  payments.
 9756         (6) SELECTION AND DESIGNATION OF HIGH-IMPACT SECTORS.—
 9757         (a) The Jobs Florida Partnership Enterprise Florida, Inc.,
 9758  shall, by January 1, of every third year, beginning January 1,
 9759  2011, initiate the process of reviewing and, if appropriate,
 9760  selecting a new high-impact sector for designation or
 9761  recommending the deactivation of a designated high-impact
 9762  sector. The process of reviewing designated high-impact sectors
 9763  or recommending the deactivation of a designated high-impact
 9764  sector shall be in consultation with Jobs Florida the office,
 9765  economic development organizations, the State University System,
 9766  local governments, employee and employer organizations, market
 9767  analysts, and economists.
 9768         (b) Jobs Florida the Office has authority, only after
 9769  recommendation from the Jobs Florida Partnership Enterprise
 9770  Florida, Inc., to designate a high-impact sector or to
 9771  deauthorize a designated high-impact sector.
 9772         (c) To begin the process of selecting and designating a new
 9773  high-impact sector, the Jobs Florida Partnership Enterprise
 9774  Florida, Inc., shall undertake a thorough study of the proposed
 9775  sector. This study must consider the definition of the sector,
 9776  including the types of facilities which characterize the sector
 9777  that might qualify for a high-impact performance grant and
 9778  whether a powerful incentive like the high-impact performance
 9779  grant is needed to induce major facilities in the sector to
 9780  locate or grow in this state; the benefits that major facilities
 9781  in the sector have or could have on the state’s economy and the
 9782  relative significance of those benefits; the needs of the sector
 9783  and major sector facilities, including natural, public, and
 9784  human resources and benefits and costs with regard to these
 9785  resources; the sector’s current and future markets; the current
 9786  fiscal and potential fiscal impacts of the sector, to both the
 9787  state and its communities; any geographic opportunities or
 9788  limitations with regard to the sector, including areas of the
 9789  state most likely to benefit from the sector and areas unlikely
 9790  to benefit from the sector; the state’s advantages or
 9791  disadvantages with regard to the sector; and the long-term
 9792  expectations for the industry on a global level and in the
 9793  state. If the Jobs Florida Partnership Enterprise Florida, Inc.,
 9794  finds favorable conditions for the designation of the sector as
 9795  a high-impact sector, it shall include in the study
 9796  recommendations for a complete and comprehensive sector
 9797  strategy, including appropriate marketing and workforce
 9798  strategies for the entire sector and any recommendations that
 9799  the Jobs Florida Partnership Enterprise Florida, Inc., may have
 9800  for statutory or policy changes needed to improve the state’s
 9801  business climate and to attract and grow Florida businesses,
 9802  particularly small businesses, in the proposed sector. The study
 9803  shall reflect the finding of the sector-business network
 9804  specified in paragraph (d).
 9805         (d) In conjunction with the study required in paragraph
 9806  (c), the Jobs Florida Partnership Enterprise Florida, Inc.,
 9807  shall develop and consult with a network of sector businesses.
 9808  While this network may include non-Florida businesses, it must
 9809  include any businesses currently within the state. If the number
 9810  of Florida businesses in the sector is large, a representative
 9811  cross-section of Florida sector businesses may form the core of
 9812  this network.
 9813         (e) The study and its findings and recommendations and the
 9814  recommendations gathered from the sector-business network must
 9815  be discussed and considered during the at least one meeting per
 9816  calendar year of leaders in business, government, education,
 9817  workforce development, and economic development called by the
 9818  Governor to address the business climate in the state, develop a
 9819  common vision for the economic future of the state, and identify
 9820  economic development efforts to fulfill that vision required in
 9821  s. 14.2015(2)(e).
 9822         (f) If after consideration of the completed study required
 9823  in paragraph (c) and the input derived from consultation with
 9824  the sector-business network in paragraph (d) and the quarterly
 9825  meeting as required in paragraph (e), the board of directors of
 9826  the Jobs Florida Partnership Enterprise Florida, Inc., finds
 9827  that the sector will have exceptionally large and widespread
 9828  benefits to the state and its citizens, relative to any public
 9829  costs; that the sector is characterized by the types of
 9830  facilities that require exceptionally large investments and
 9831  provide employment opportunities to a relatively large number of
 9832  workers in high-quality, high-income jobs that might qualify for
 9833  a high-impact performance grant; and that given the competition
 9834  for such businesses it may be necessary for the state to be able
 9835  to offer a large inducement, such as a high-impact performance
 9836  grant, to attract such a business to the state or to encourage
 9837  businesses to continue to grow in the state, the board of
 9838  directors of the Jobs Florida Partnership Enterprise Florida,
 9839  Inc., may recommend that Jobs Florida the office consider the
 9840  designation of the sector as a high-impact business sector.
 9841         (g) Upon receiving a recommendation from the board of
 9842  directors of the Jobs Florida Partnership Enterprise Florida,
 9843  Inc., together with the study required in paragraph (c) and a
 9844  summary of the findings and recommendations of the sector
 9845  business network required in paragraph (d), including a list of
 9846  all meetings of the sector network and participants in those
 9847  meetings and the findings and recommendations from the quarterly
 9848  meeting as required in paragraph (e), Jobs Florida the Office
 9849  shall after a thorough evaluation of the study and accompanying
 9850  materials report its findings and either concur in the
 9851  recommendation of the Jobs Florida Partnership Enterprise
 9852  Florida, Inc., and designate the sector as a high-impact
 9853  business sector or notify the Jobs Florida Partnership
 9854  Enterprise Florida, Inc., that it does not concur and deny the
 9855  board’s request for designation or return the recommendation and
 9856  study to the Jobs Florida Partnership Enterprise Florida, Inc.,
 9857  for further evaluation. In any case, Jobs Florida's the
 9858  director’s decision must be in writing and justify the reasons
 9859  for the decision.
 9860         (h) If Jobs Florida the Office designates the sector as a
 9861  high-impact sector, it shall, within 30 days, notify the
 9862  Governor, the President of the Senate, and the Speaker of the
 9863  House of Representatives of its decision and provide a complete
 9864  report on its decision, including copies of the material
 9865  provided by the Jobs Florida Partnership Enterprise Florida,
 9866  Inc., and Jobs Florida’s the Office of Tourism, Trade, and
 9867  Economic Development’s evaluation and comment on any statutory
 9868  or policy changes recommended by the Jobs Florida Partnership
 9869  Enterprise Florida, Inc.
 9870         (i) For the purposes of this subsection, a high-impact
 9871  sector consists of the silicon technology sector that the Jobs
 9872  Florida Partnership Enterprise Florida, Inc., has found to be
 9873  focused around the type of high-impact businesses for which the
 9874  incentive created in this subsection is required and will create
 9875  the kinds of sector and economy wide benefits that justify the
 9876  use of state resources to encourage these investments and
 9877  require substantial inducements to compete with the incentive
 9878  packages offered by other states and nations.
 9879         (7) RULEMAKING.—Jobs Florida the Office may adopt rules
 9880  necessary to carry out the provisions of this section.
 9881         Section 147. Subsection (1), paragraph (f) of subsection
 9882  (2), and subsections (4), (5), and (9) of section 288.1083,
 9883  Florida Statutes, are amended, and present paragraph (g) of
 9884  subsection (2) is redesignated as paragraph (f), to read:
 9885         288.1083 Manufacturing and Spaceport Investment Incentive
 9886  Program.—
 9887         (1) The Manufacturing and Spaceport Investment Incentive
 9888  Program is created within Jobs Florida the office of Tourism,
 9889  Trade, and Economic Development. The purpose of the program is
 9890  to encourage capital investment and job creation in
 9891  manufacturing and spaceport activities in this state.
 9892         (2) As used in this section, the term:
 9893         (f) “Office” means the Office of Tourism, Trade, and
 9894  Economic Development.
 9895         (4) To receive a refund, a business entity must first apply
 9896  to Jobs Florida the office for a tax refund allocation. The
 9897  entity shall provide such information in the application as
 9898  reasonably required by Jobs Florida the office. Further, the
 9899  business entity shall provide such information as is required by
 9900  Jobs Florida the office to establish the cost incurred and
 9901  actual sales and use tax paid to purchase eligible equipment
 9902  located and placed into service in this state during its taxable
 9903  year that began in 2008.
 9904         (a) Within 30 days after Jobs Florida the office receives
 9905  an application for a refund, Jobs Florida the office shall
 9906  approve or disapprove the application.
 9907         (b) Refund allocations made during the 2010-2011 fiscal
 9908  year shall be awarded in the same order in which applications
 9909  are received. Eligible entities may apply to Jobs Florida the
 9910  office beginning July 1, 2010, for refunds attributable to
 9911  eligible equipment purchases made during the 2010-2011 fiscal
 9912  year. For the 2010-2011 fiscal year, Jobs Florida the office
 9913  shall allocate the maximum amount of $50,000 per entity until
 9914  the entire $19 million available for refund in state fiscal year
 9915  2010-2011 has been allocated. If the total amount available for
 9916  allocation during the 2010-2011 fiscal year is allocated, Jobs
 9917  Florida the office shall continue taking applications. Each
 9918  applicant shall be informed of its place in the queue and
 9919  whether the applicant received an allocation of the eligible
 9920  funds.
 9921         (c) Refund allocations made during the 2011-2012 fiscal
 9922  year shall first be given to any applicants remaining in the
 9923  queue from the prior fiscal year. Jobs Florida The office shall
 9924  allocate the maximum amount of $50,000 per entity, first to
 9925  those applicants that remained in the queue from 2010-2011 for
 9926  eligible purchases in 2010-2011, then to applicants for 2011
 9927  2012 in the order applications are received for eligible
 9928  purchases in 2011-2012. Jobs Florida The office shall allocate
 9929  the maximum amount of $50,000 per entity until the entire $24
 9930  million available to be allocated for refund in the 2011-2012
 9931  fiscal year is allocated. If the total amount available for
 9932  refund in 2011-2012 has been allocated, Jobs Florida The office
 9933  shall continue to accept applications from eligible entities in
 9934  the 2011-2012 fiscal year for refunds attributable to eligible
 9935  equipment purchases made during the 2011-2012 fiscal year.
 9936  Refund allocations made during the 2011-2012 fiscal year shall
 9937  be awarded in the same order in which applications are received.
 9938  Upon submitting an application, each applicant shall be informed
 9939  of its place in the queue and whether the applicant has received
 9940  an allocation of the eligible funds.
 9941         (5) Upon completion of eligible equipment purchases, a
 9942  business entity that received a refund allocation from Jobs
 9943  Florida the office must apply to Jobs Florida the office for
 9944  certification of a refund. For eligible equipment purchases made
 9945  during the 2010-2011 fiscal year, the application for
 9946  certification must be made no later than September 1, 2011. For
 9947  eligible equipment purchases made during the 2011-2012 fiscal
 9948  year, the application for certification must be made no later
 9949  than September 1, 2012. The application shall provide such
 9950  documentation as is reasonably required by Jobs Florida the
 9951  office to calculate the refund amount, including documentation
 9952  necessary to confirm the cost of eligible equipment purchases
 9953  supporting the claim of the sales and use tax paid thereon.
 9954  Further, the business entity shall provide such documentation as
 9955  required by Jobs Florida the office to establish the entity’s
 9956  base year purchases. If, upon reviewing the application, Jobs
 9957  Florida the office determines that eligible equipment purchases
 9958  did not occur, that the amount of tax claimed to have been paid
 9959  or remitted on the eligible equipment purchases is not supported
 9960  by the documentation provided, or that the information provided
 9961  to Jobs Florida the office was otherwise inaccurate, the amount
 9962  of the refund allocation not substantiated shall not be
 9963  certified. Otherwise, Jobs Florida the office shall determine
 9964  and certify the amount of the refund to the eligible entity and
 9965  to the department within 30 days after Jobs Florida the office
 9966  receives the application for certification.
 9967         (9) Jobs Florida The office shall adopt emergency rules
 9968  governing applications for, issuance of, and procedures for
 9969  allocation and certification and may establish guidelines as to
 9970  the requisites for demonstrating base year purchases and
 9971  eligible equipment purchases.
 9972         Section 148. Subsections (2) and (3) of section 288.1088,
 9973  Florida Statutes, are amended to read:
 9974         288.1088 Quick Action Closing Fund.—
 9975         (2) There is created within Jobs Florida the Office of
 9976  Tourism, Trade, and Economic Development the Quick Action
 9977  Closing Fund. Projects eligible for receipt of funds from the
 9978  Quick Action Closing Fund shall:
 9979         (a) Be in an industry as referenced in s. 288.106.
 9980         (b) Have a positive economic benefit payback ratio of at
 9981  least 5 to 1.
 9982         (c) Be an inducement to the project’s location or expansion
 9983  in the state.
 9984         (d) Pay an average annual wage of at least 125 percent of
 9985  the areawide or statewide private sector average wage.
 9986         (e) Be supported by the local community in which the
 9987  project is to be located.
 9988         (3)(a) Jobs Florida and the Jobs Florida Partnership
 9989  Enterprise Florida, Inc., shall jointly review applications
 9990  pursuant to s. 288.061 and determine the eligibility of each
 9991  project consistent with the criteria in subsection (2). Jobs
 9992  Florida Enterprise Florida, Inc., in consultation with the Jobs
 9993  Florida Partnership, Inc., the Office of Tourism, Trade, and
 9994  Economic Development, may waive these criteria:
 9995         1. Based on extraordinary circumstances;
 9996         2. In order to mitigate the impact of the conclusion of the
 9997  space shuttle program; or
 9998         3. In rural areas of critical economic concern if the
 9999  project would significantly benefit the local or regional
10000  economy.
10001         (b) Jobs Florida and the Jobs Florida Partnership
10002  Enterprise Florida, Inc., shall jointly evaluate individual
10003  proposals for high-impact business facilities and forward
10004  recommendations regarding the use of moneys in the fund for such
10005  facilities to the director of the Office of Tourism, Trade, and
10006  Economic Development. Such evaluation and recommendation must
10007  include, but need not be limited to:
10008         1. A description of the type of facility or infrastructure,
10009  its operations, and the associated product or service associated
10010  with the facility.
10011         2. The number of full-time-equivalent jobs that will be
10012  created by the facility and the total estimated average annual
10013  wages of those jobs or, in the case of privately developed rural
10014  infrastructure, the types of business activities and jobs
10015  stimulated by the investment.
10016         3. The cumulative amount of investment to be dedicated to
10017  the facility within a specified period.
10018         4. A statement of any special impacts the facility is
10019  expected to stimulate in a particular business sector in the
10020  state or regional economy or in the state’s universities and
10021  community colleges.
10022         5. A statement of the role the incentive is expected to
10023  play in the decision of the applicant business to locate or
10024  expand in this state or for the private investor to provide
10025  critical rural infrastructure.
10026         6. A report evaluating the quality and value of the company
10027  submitting a proposal. The report must include:
10028         a. A financial analysis of the company, including an
10029  evaluation of the company’s short-term liquidity ratio as
10030  measured by its assets to liability, the company’s profitability
10031  ratio, and the company’s long-term solvency as measured by its
10032  debt-to-equity ratio;
10033         b. The historical market performance of the company;
10034         c. A review of any independent evaluations of the company;
10035         d. A review of the latest audit of the company’s financial
10036  statement and the related auditor’s management letter; and
10037         e. A review of any other types of audits that are related
10038  to the internal and management controls of the company.
10039         (c)1. Within 7 business 22 calendar days after evaluating a
10040  project, Jobs Florida receiving the evaluation and
10041  recommendation from Enterprise Florida, Inc., the director of
10042  the Office of Tourism, Trade, and Economic Development shall
10043  recommend to the Governor approval or disapproval of a project
10044  for receipt of funds from the Quick Action Closing Fund. In
10045  recommending a project, Jobs Florida the director shall include
10046  proposed performance conditions that the project must meet to
10047  obtain incentive funds.
10048         2. The Governor may approve projects without consulting the
10049  Legislature for projects requiring less than $1 million in
10050  funding.
10051         3. For projects requiring funding in the amount of $1
10052  million to $5 million, the Governor shall provide a written the
10053  description and evaluation of a project projects recommended for
10054  approval to the President of the Senate, and the Speaker of the
10055  House of Representatives, and the chairs of the Senate and House
10056  appropriations committees that oversee economic development
10057  funding, and, no sooner than 3 days subsequent to providing the
10058  written project descriptions and evaluations, shall consult with
10059  the President of the Senate and the Speaker of the House of
10060  Representatives before giving final approval for a project. At
10061  least 14 days before releasing funds for a project, the
10062  Executive Office of the Governor shall recommend approval of the
10063  project and the release of funds by delivering notice of such
10064  action pursuant to the legislative consultation and review
10065  requirements set forth in s. 216.177. The recommendation must
10066  include proposed performance conditions that the project must
10067  meet in order to obtain funds.
10068         4. If the chair or vice chair of the Legislative Budget
10069  Commission or the President of the Senate or the Speaker of the
10070  House of Representatives timely advises the Executive Office of
10071  the Governor, in writing, that such action or proposed action
10072  exceeds the delegated authority of the Executive Office of the
10073  Governor or is contrary to legislative policy or intent, the
10074  Executive Office of the Governor shall void the release of funds
10075  and instruct Jobs Florida the Office of Tourism, Trade, and
10076  Economic Development to immediately change such action or
10077  proposed action until the Legislative Budget Commission or the
10078  Legislature addresses the issue. Notwithstanding such
10079  requirement, any project exceeding $5 million $2,000,000 must be
10080  approved by the Legislative Budget Commission prior to the funds
10081  being released.
10082         (d) Upon the approval of the Governor, Jobs Florida the
10083  director of the Office of Tourism, Trade, and Economic
10084  Development and the business shall enter into a contract that
10085  sets forth the conditions for payment of moneys from the fund.
10086  The contract must include the total amount of funds awarded; the
10087  performance conditions that must be met to obtain the award,
10088  including, but not limited to, net new employment in the state,
10089  average salary, and total capital investment; demonstrate a
10090  baseline of current service and a measure of enhanced
10091  capability; the methodology for validating performance; the
10092  schedule of payments from the fund; and sanctions for failure to
10093  meet performance conditions. The contract must provide that
10094  payment of moneys from the fund is contingent upon sufficient
10095  appropriation of funds by the Legislature.
10096         (e) The Jobs Florida Partnership Enterprise Florida, Inc.,
10097  shall validate contractor performance. Such validation shall be
10098  reported within 6 months after completion of the contract to the
10099  Governor, President of the Senate, and the Speaker of the House
10100  of Representatives.
10101         Section 149. Subsection (1), paragraphs (b), (f), and (o)
10102  of subsection (2), and subsections (3), through (9), (11), and
10103  (12) of section 288.1089, Florida Statutes, are amended, and
10104  present paragraphs (g) through (n) and (p) through (s) of
10105  subsection (2) are redesignated as paragraphs (f) through (p),
10106  respectively, to read:
10107         288.1089 Innovation Incentive Program.—
10108         (1) The Innovation Incentive Program is created within Jobs
10109  Florida the Office of Tourism, Trade, and Economic Development
10110  to ensure that sufficient resources are available to allow the
10111  state to respond expeditiously to extraordinary economic
10112  opportunities and to compete effectively for high-value research
10113  and development, innovation business, and alternative and
10114  renewal energy projects.
10115         (2) As used in this section, the term:
10116         (b) “Average private sector wage” means the statewide
10117  average wage in the private sector or the average of all private
10118  sector wages in the county or in the standard metropolitan area
10119  in which the project is located as determined by Jobs Florida
10120  the Agency for Workforce Innovation.
10121         (f) “Director” means the director of the Office of Tourism,
10122  Trade, and Economic Development.
10123         (o) “Office” means the Office of Tourism, Trade, and
10124  Economic Development.
10125         (3) To be eligible for consideration for an innovation
10126  incentive award, an innovation business, a research and
10127  development entity, or an alternative and renewable energy
10128  company must submit a written application to the Jobs Florida
10129  Partnership Enterprise Florida, Inc., before making a decision
10130  to locate new operations in this state or expand an existing
10131  operation in this state. The application must include, but not
10132  be limited to:
10133         (a) The applicant’s federal employer identification number,
10134  unemployment account number, and state sales tax registration
10135  number. If such numbers are not available at the time of
10136  application, they must be submitted to Jobs Florida the office
10137  in writing prior to the disbursement of any payments under this
10138  section.
10139         (b) The location in this state at which the project is
10140  located or is to be located.
10141         (c) A description of the type of business activity,
10142  product, or research and development undertaken by the
10143  applicant, including six-digit North American Industry
10144  Classification System codes for all activities included in the
10145  project.
10146         (d) The applicant’s projected investment in the project.
10147         (e) The total investment, from all sources, in the project.
10148         (f) The number of net new full-time equivalent jobs in this
10149  state the applicant anticipates having created as of December 31
10150  of each year in the project and the average annual wage of such
10151  jobs.
10152         (g) The total number of full-time equivalent employees
10153  currently employed by the applicant in this state, if
10154  applicable.
10155         (h) The anticipated commencement date of the project.
10156         (i) A detailed explanation of why the innovation incentive
10157  is needed to induce the applicant to expand or locate in the
10158  state and whether an award would cause the applicant to locate
10159  or expand in this state.
10160         (j) If applicable, an estimate of the proportion of the
10161  revenues resulting from the project that will be generated
10162  outside this state.
10163         (4) To qualify for review by Jobs Florida the office, the
10164  applicant must, at a minimum, establish the following to the
10165  satisfaction of Jobs Florida and the Jobs Florida Partnership
10166  Enterprise Florida, Inc., and the office:
10167         (a) The jobs created by the project must pay an estimated
10168  annual average wage equaling at least 130 percent of the average
10169  private sector wage. Jobs Florida The office may waive this
10170  average wage requirement at the request of the Jobs Florida
10171  Partnership Enterprise Florida, Inc., for a project located in a
10172  rural area, a brownfield area, or an enterprise zone, when the
10173  merits of the individual project or the specific circumstances
10174  in the community in relationship to the project warrant such
10175  action. A recommendation for waiver by the Jobs Florida
10176  Partnership Enterprise Florida, Inc., must include a specific
10177  justification for the waiver and be transmitted to Jobs Florida
10178  the office in writing. If Jobs Florida the director elects to
10179  waive the wage requirement, the waiver must be stated in writing
10180  and the reasons for granting the waiver must be explained.
10181         (b) A research and development project must:
10182         1. Serve as a catalyst for an emerging or evolving
10183  technology cluster.
10184         2. Demonstrate a plan for significant higher education
10185  collaboration.
10186         3. Provide the state, at a minimum, a break-even return on
10187  investment within a 20-year period.
10188         4. Be provided with a one-to-one match from the local
10189  community. The match requirement may be reduced or waived in
10190  rural areas of critical economic concern or reduced in rural
10191  areas, brownfield areas, and enterprise zones.
10192         (c) An innovation business project in this state, other
10193  than a research and development project, must:
10194         1.a. Result in the creation of at least 1,000 direct, new
10195  jobs at the business; or
10196         b. Result in the creation of at least 500 direct, new jobs
10197  if the project is located in a rural area, a brownfield area, or
10198  an enterprise zone.
10199         2. Have an activity or product that is within an industry
10200  that is designated as a target industry business under s.
10201  288.106 or a designated sector under s. 288.108.
10202         3.a. Have a cumulative investment of at least $500 million
10203  within a 5-year period; or
10204         b. Have a cumulative investment that exceeds $250 million
10205  within a 10-year period if the project is located in a rural
10206  area, brownfield area, or an enterprise zone.
10207         4. Be provided with a one-to-one match from the local
10208  community. The match requirement may be reduced or waived in
10209  rural areas of critical economic concern or reduced in rural
10210  areas, brownfield areas, and enterprise zones.
10211         (d) For an alternative and renewable energy project in this
10212  state, the project must:
10213         1. Demonstrate a plan for significant collaboration with an
10214  institution of higher education;
10215         2. Provide the state, at a minimum, a break-even return on
10216  investment within a 20-year period;
10217         3. Include matching funds provided by the applicant or
10218  other available sources. The match requirement may be reduced or
10219  waived in rural areas of critical economic concern or reduced in
10220  rural areas, brownfield areas, and enterprise zones;
10221         4. Be located in this state; and
10222         5. Provide at least 35 direct, new jobs that pay an
10223  estimated annual average wage that equals at least 130 percent
10224  of the average private sector wage.
10225         (5) The Jobs Florida Partnership Enterprise Florida, Inc.,
10226  shall evaluate proposals for all three categories of innovation
10227  incentive awards and transmit recommendations for awards to Jobs
10228  Florida the office. Before making its recommendations on
10229  alternative and renewable energy projects, the Jobs Florida
10230  Partnership, Inc., Enterprise Florida, Inc., shall solicit
10231  comments and recommendations from the Florida Energy and Climate
10232  Commission. For each project, the evaluation and recommendation
10233  to Jobs Florida the office must include, but need not be limited
10234  to:
10235         (a) A description of the project, its required facilities,
10236  and the associated product, service, or research and development
10237  associated with the project.
10238         (b) The percentage of match provided for the project.
10239         (c) The number of full-time equivalent jobs that will be
10240  created by the project, the total estimated average annual wages
10241  of such jobs, and the types of business activities and jobs
10242  likely to be stimulated by the project.
10243         (d) The cumulative investment to be dedicated to the
10244  project within 5 years and the total investment expected in the
10245  project if more than 5 years.
10246         (e) The projected economic and fiscal impacts on the local
10247  and state economies relative to investment.
10248         (f) A statement of any special impacts the project is
10249  expected to stimulate in a particular business sector in the
10250  state or regional economy or in the state’s universities and
10251  community colleges.
10252         (g) A statement of any anticipated or proposed
10253  relationships with state universities.
10254         (h) A statement of the role the incentive is expected to
10255  play in the decision of the applicant to locate or expand in
10256  this state.
10257         (i) A recommendation and explanation of the amount of the
10258  award needed to cause the applicant to expand or locate in this
10259  state.
10260         (j) A discussion of the efforts and commitments made by the
10261  local community in which the project is to be located to induce
10262  the applicant’s location or expansion, taking into consideration
10263  local resources and abilities.
10264         (k) A recommendation for specific performance criteria the
10265  applicant would be expected to achieve in order to receive
10266  payments from the fund and penalties or sanctions for failure to
10267  meet or maintain performance conditions.
10268         (l) Additional evaluative criteria for a research and
10269  development facility project, including:
10270         1. A description of the extent to which the project has the
10271  potential to serve as catalyst for an emerging or evolving
10272  cluster.
10273         2. A description of the extent to which the project has or
10274  could have a long-term collaborative research and development
10275  relationship with one or more universities or community colleges
10276  in this state.
10277         3. A description of the existing or projected impact of the
10278  project on established clusters or targeted industry sectors.
10279         4. A description of the project’s contribution to the
10280  diversity and resiliency of the innovation economy of this
10281  state.
10282         5. A description of the project’s impact on special needs
10283  communities, including, but not limited to, rural areas,
10284  distressed urban areas, and enterprise zones.
10285         (m) Additional evaluative criteria for alternative and
10286  renewable energy proposals, including:
10287         1. The availability of matching funds or other in-kind
10288  contributions applied to the total project from an applicant.
10289  The commission shall give greater preference to projects that
10290  provide such matching funds or other in-kind contributions.
10291         2. The degree to which the project stimulates in-state
10292  capital investment and economic development in metropolitan and
10293  rural areas, including the creation of jobs and the future
10294  development of a commercial market for renewable energy
10295  technologies.
10296         3. The extent to which the proposed project has been
10297  demonstrated to be technically feasible based on pilot project
10298  demonstrations, laboratory testing, scientific modeling, or
10299  engineering or chemical theory that supports the proposal.
10300         4. The degree to which the project incorporates an
10301  innovative new technology or an innovative application of an
10302  existing technology.
10303         5. The degree to which a project generates thermal,
10304  mechanical, or electrical energy by means of a renewable energy
10305  resource that has substantial long-term production potential.
10306         6. The degree to which a project demonstrates efficient use
10307  of energy and material resources.
10308         7. The degree to which the project fosters overall
10309  understanding and appreciation of renewable energy technologies.
10310         8. The ability to administer a complete project.
10311         9. Project duration and timeline for expenditures.
10312         10. The geographic area in which the project is to be
10313  conducted in relation to other projects.
10314         11. The degree of public visibility and interaction.
10315         (6) In consultation with the Jobs Florida Partnership,
10316  Inc., Jobs Florida Enterprise Florida, Inc., the office may
10317  negotiate the proposed amount of an award for any applicant
10318  meeting the requirements of this section. In negotiating such
10319  award, Jobs Florida the office shall consider the amount of the
10320  incentive needed to cause the applicant to locate or expand in
10321  this state in conjunction with other relevant applicant impact
10322  and cost information and analysis as described in this section.
10323  Particular emphasis shall be given to the potential for the
10324  project to stimulate additional private investment and high
10325  quality employment opportunities in the area.
10326         (7) Upon receipt of the evaluation and recommendation from
10327  the Jobs Florida Partnership, Inc., Jobs Florida Enterprise
10328  Florida, Inc., the director shall recommend to the Governor the
10329  approval or disapproval of an award. In recommending approval of
10330  an award, Jobs Florida the director shall include proposed
10331  performance conditions that the applicant must meet in order to
10332  obtain incentive funds and any other conditions that must be met
10333  before the receipt of any incentive funds. The Governor shall
10334  consult with the President of the Senate and the Speaker of the
10335  House of Representatives before giving approval for an award.
10336  Upon review and approval of an award by the Legislative Budget
10337  Commission, the Executive Office of the Governor shall release
10338  the funds.
10339         (8)(a) After the conditions set forth in subsection (7)
10340  have been met, Jobs Florida the director shall issue a letter
10341  certifying the applicant as qualified for an award. Jobs Florida
10342  the office and the award recipient shall enter into an agreement
10343  that sets forth the conditions for payment of the incentive
10344  funds. The agreement must include, at a minimum:
10345         1. The total amount of funds awarded.
10346         2. The performance conditions that must be met in order to
10347  obtain the award or portions of the award, including, but not
10348  limited to, net new employment in the state, average wage, and
10349  total cumulative investment.
10350         3. Demonstration of a baseline of current service and a
10351  measure of enhanced capability.
10352         4. The methodology for validating performance.
10353         5. The schedule of payments.
10354         6. Sanctions for failure to meet performance conditions,
10355  including any clawback provisions.
10356         (b) Additionally, agreements signed on or after July 1,
10357  2009, must include the following provisions:
10358         1. Notwithstanding subsection (4), a requirement that the
10359  jobs created by the recipient of the incentive funds pay an
10360  annual average wage at least equal to the relevant industry’s
10361  annual average wage or at least 130 percent of the average
10362  private sector wage, whichever is greater.
10363         2. A reinvestment requirement. Each recipient of an award
10364  shall reinvest up to 15 percent of net royalty revenues,
10365  including revenues from spin-off companies and the revenues from
10366  the sale of stock it receives from the licensing or transfer of
10367  inventions, methods, processes, and other patentable discoveries
10368  conceived or reduced to practice using its facilities in Florida
10369  or its Florida-based employees, in whole or in part, and to
10370  which the recipient of the grant becomes entitled during the 20
10371  years following the effective date of its agreement with the
10372  office. Each recipient of an award also shall reinvest up to 15
10373  percent of the gross revenues it receives from naming
10374  opportunities associated with any facility it builds in this
10375  state. Reinvestment payments shall commence no later than 6
10376  months after the recipient of the grant has received the final
10377  disbursement under the contract and shall continue until the
10378  maximum reinvestment, as specified in the contract, has been
10379  paid. Reinvestment payments shall be remitted to Jobs Florida
10380  the office for deposit in the Biomedical Research Trust Fund for
10381  companies specializing in biomedicine or life sciences, or in
10382  the Economic Development Trust Fund for companies specializing
10383  in fields other than biomedicine or the life sciences. If these
10384  trust funds no longer exist at the time of the reinvestment, the
10385  state’s share of reinvestment shall be deposited in their
10386  successor trust funds as determined by law. Each recipient of an
10387  award shall annually submit a schedule of the shares of stock
10388  held by it as payment of the royalty required by this paragraph
10389  and report on any trades or activity concerning such stock. Each
10390  recipient’s reinvestment obligations survive the expiration or
10391  termination of its agreement with the state.
10392         3. Requirements for the establishment of internship
10393  programs or other learning opportunities for educators and
10394  secondary, postsecondary, graduate, and doctoral students.
10395         4. A requirement that the recipient submit quarterly
10396  reports and annual reports related to activities and performance
10397  to Jobs Florida the office, according to standardized reporting
10398  periods.
10399         5. A requirement for an annual accounting to Jobs Florida
10400  the Office of the expenditure of funds disbursed under this
10401  section.
10402         6. A process for amending the agreement.
10403         (9) Jobs Florida, assisted by the Jobs Florida Partnership
10404  Enterprise Florida, Inc., shall validate assist the Office in
10405  validating the performance of an innovation business, a research
10406  and development facility, or an alternative and renewable energy
10407  business that has received an award. At the conclusion of the
10408  innovation incentive award agreement, or its earlier
10409  termination, Jobs Florida Enterprise Florida, Inc., shall,
10410  within 90 days, submit a report to the Governor, the President
10411  of the Senate, and the Speaker of the House of Representatives
10412  detailing whether the recipient of the innovation incentive
10413  grant achieved its specified outcomes.
10414         (11)(a) On January 5 of each year, Jobs Florida Beginning
10415  January 5, 2010, and every year thereafter, the office shall
10416  submit to the Governor, the President of the Senate, and the
10417  Speaker of the House of Representatives a report summarizing the
10418  activities and accomplishments of the recipients of grants from
10419  the Innovation Incentive Program during the previous 12 months
10420  and an evaluation by the office of whether the recipients are
10421  catalysts for additional direct and indirect economic
10422  development in Florida.
10423         (b) Beginning March 1, 2010, and every third year
10424  thereafter, the Office of Program Policy Analysis and Government
10425  Accountability, in consultation with the Auditor General’s
10426  Office, shall release a report evaluating the Innovation
10427  Incentive Program’s progress toward creating clusters of high
10428  wage, high-skilled, complementary industries that serve as
10429  catalysts for economic growth specifically in the regions in
10430  which they are located, and generally for the state as a whole.
10431  Such report should include critical analyses of quarterly and
10432  annual reports, annual audits, and other documents prepared by
10433  the Innovation Incentive Program awardees; relevant economic
10434  development reports prepared by Jobs Florida, the Jobs Florida
10435  Partnership the office, Enterprise Florida, Inc., and local or
10436  regional economic development organizations; interviews with the
10437  parties involved; and any other relevant data. Such report
10438  should also include legislative recommendations, if necessary,
10439  on how to improve the Innovation Incentive Program so that the
10440  program reaches its anticipated potential as a catalyst for
10441  direct and indirect economic development in this state.
10442         (12) Jobs Florida the office may seek the assistance of the
10443  Office of Program Policy Analysis and Government Accountability,
10444  the Legislature’s Office of Economic and Demographic Research,
10445  and other entities for the purpose of developing performance
10446  measures or techniques to quantify the synergistic economic
10447  development impacts that awardees of grants are having within
10448  their communities.
10449         Section 150. Section 288.1095, Florida Statutes, is amended
10450  to read:
10451         288.1095 Information concerning the One-Stop Permitting
10452  System.—Jobs Florida The Office of Tourism, Trade, and Economic
10453  Development shall develop literature that explains the One-Stop
10454  Permitting System and identifies those counties that have been
10455  designated as Quick Permitting Counties. The literature must be
10456  updated at least once each year. To the maximum extent feasible,
10457  state agencies and the Jobs Florida Partnership Enterprise
10458  Florida, Inc., shall distribute such literature and inform the
10459  public of the One-Stop Permitting System and the Quick
10460  Permitting Counties. In addition, the Jobs Florida Partnership
10461  Enterprise Florida, Inc., shall provide this information to
10462  prospective, new, expanding, and relocating businesses seeking
10463  to conduct business in this state, municipalities, counties,
10464  economic-development organizations, and chambers of commerce.
10465         Section 151. Subsections (1) and (2), paragraphs (d) and
10466  (e) of subsection (4), paragraph (a) of subsection (6), and
10467  subsection (8) of section 288.1162, Florida Statutes, are
10468  amended to read:
10469         288.1162 Professional sports franchises; duties.—
10470         (1) The Division of Strategic Business Development of Jobs
10471  Florida Office of Tourism, Trade, and Economic Development shall
10472  serve as the state agency for screening applicants for state
10473  funding under s. 212.20 and for certifying an applicant as a
10474  facility for a new or retained professional sports franchise.
10475         (2) The Division of Strategic Business Development of Jobs
10476  Florida Office of Tourism, Trade, and Economic Development shall
10477  develop rules for the receipt and processing of applications for
10478  funding under s. 212.20.
10479         (4) Before certifying an applicant as a facility for a new
10480  or retained professional sports franchise, the Division of
10481  Strategic Business Development of Jobs Florida Office of
10482  Tourism, Trade, and Economic Development must determine that:
10483         (d) The applicant has projections, verified by the Division
10484  of Strategic Business Development of Jobs Florida Office of
10485  Tourism, Trade, and Economic Development, which demonstrate that
10486  the new or retained professional sports franchise will attract a
10487  paid attendance of more than 300,000 annually.
10488         (e) The applicant has an independent analysis or study,
10489  verified by the Division of Strategic Business Development of
10490  Jobs Florida Office of Tourism, Trade, and Economic Development,
10491  which demonstrates that the amount of the revenues generated by
10492  the taxes imposed under chapter 212 with respect to the use and
10493  operation of the professional sports franchise facility will
10494  equal or exceed $2 million annually.
10495         (6)(a) The Division of Strategic Business Development of
10496  Jobs Florida Office of Tourism, Trade, and Economic Development
10497  shall notify the Department of Revenue of any facility certified
10498  as a facility for a new or retained professional sports
10499  franchise. The Division of Strategic Business Development of
10500  Jobs Florida Office of Tourism, Trade, and Economic Development
10501  shall certify no more than eight facilities as facilities for a
10502  new professional sports franchise or as facilities for a
10503  retained professional sports franchise, including in the total
10504  any facilities certified by the former Department of Commerce
10505  before July 1, 1996. The division office may make no more than
10506  one certification for any facility.
10507         (8) An applicant is not qualified for certification under
10508  this section if the franchise formed the basis for a previous
10509  certification, unless the previous certification was withdrawn
10510  by the facility or invalidated by the Division of Strategic
10511  Business Development of Jobs Florida Office of Tourism, Trade,
10512  and Economic Development or the former Department of Commerce
10513  before any funds were distributed under s. 212.20. This
10514  subsection does not disqualify an applicant if the previous
10515  certification occurred between May 23, 1993, and May 25, 1993;
10516  however, any funds to be distributed under s. 212.20 for the
10517  second certification shall be offset by the amount distributed
10518  to the previous certified facility. Distribution of funds for
10519  the second certification shall not be made until all amounts
10520  payable for the first certification are distributed.
10521         Section 152. Subsections (1), (2), (4), (5), (6), (7), and
10522  (8) of section 288.11621, Florida Statutes, are amended to read:
10523         288.11621 Spring training baseball franchises.—
10524         (1) DEFINITIONS.—As used in this section, the term:
10525         (a) “Agreement” means a certified, signed lease between an
10526  applicant that applies for certification on or after July 1,
10527  2010, and the spring training franchise for the use of a
10528  facility.
10529         (b) “Applicant” means a unit of local government as defined
10530  in s. 218.369, including local governments located in the same
10531  county that have partnered with a certified applicant before the
10532  effective date of this section or with an applicant for a new
10533  certification, for purposes of sharing in the responsibilities
10534  of a facility.
10535         (c) “Certified applicant” means a facility for a spring
10536  training franchise that was certified before July 1, 2010, under
10537  s. 288.1162(5), Florida Statutes 2009, or a unit of local
10538  government that is certified under this section.
10539         (d) “Facility” means a spring training stadium, playing
10540  fields, and appurtenances intended to support spring training
10541  activities.
10542         (e) “Local funds” and “local matching funds” mean funds
10543  provided by a county, municipality, or other local government.
10544         (f) “Office” means The Office of Tourism, Trade, and
10545  Economic Development.
10546         (2) CERTIFICATION PROCESS.—
10547         (a) Before certifying an applicant to receive state funding
10548  for a facility for a spring training franchise, Jobs Florida the
10549  Office must verify that:
10550         1. The applicant is responsible for the acquisition,
10551  construction, management, or operation of the facility for a
10552  spring training franchise or holds title to the property on
10553  which the facility for a spring training franchise is located.
10554         2. The applicant has a certified copy of a signed agreement
10555  with a spring training franchise for the use of the facility for
10556  a term of at least 20 years. The agreement also must require the
10557  franchise to reimburse the state for state funds expended by an
10558  applicant under this section if the franchise relocates before
10559  the agreement expires. The agreement may be contingent on an
10560  award of funds under this section and other conditions
10561  precedent.
10562         3. The applicant has made a financial commitment to provide
10563  50 percent or more of the funds required by an agreement for the
10564  acquisition, construction, or renovation of the facility for a
10565  spring training franchise. The commitment may be contingent upon
10566  an award of funds under this section and other conditions
10567  precedent.
10568         4. The applicant demonstrates that the facility for a
10569  spring training franchise will attract a paid attendance of at
10570  least 50,000 annually to the spring training games.
10571         5. The facility for a spring training franchise is located
10572  in a county that levies a tourist development tax under s.
10573  125.0104.
10574         (b) Jobs Florida The office shall competitively evaluate
10575  applications for state funding of a facility for a spring
10576  training franchise. The total number of certifications may not
10577  exceed 10 at any time. The evaluation criteria must include,
10578  with priority given in descending order to, the following items:
10579         1. The anticipated effect on the economy of the local
10580  community where the spring training facility is to be built,
10581  including projections on paid attendance, local and state tax
10582  collections generated by spring training games, and direct and
10583  indirect job creation resulting from the spring training
10584  activities. Priority shall be given to applicants who can
10585  demonstrate the largest projected economic impact.
10586         2. The amount of the local matching funds committed to a
10587  facility relative to the amount of state funding sought, with
10588  priority given to applicants that commit the largest amount of
10589  local matching funds relative to the amount of state funding
10590  sought.
10591         3. The potential for the facility to serve multiple uses.
10592         4. The intended use of the funds by the applicant, with
10593  priority given to the funds being used to acquire a facility,
10594  construct a new facility, or renovate an existing facility.
10595         5. The length of time that a spring training franchise has
10596  been under an agreement to conduct spring training activities
10597  within an applicant’s geographic location or jurisdiction, with
10598  priority given to applicants having agreements with the same
10599  franchise for the longest period of time.
10600         6. The length of time that an applicant’s facility has been
10601  used by one or more spring training franchises, with priority
10602  given to applicants whose facilities have been in continuous use
10603  as facilities for spring training the longest.
10604         7. The term remaining on a lease between an applicant and a
10605  spring training franchise for a facility, with priority given to
10606  applicants having the shortest lease terms remaining.
10607         8. The length of time that a spring training franchise
10608  agrees to use an applicant’s facility if an application is
10609  granted under this section, with priority given to applicants
10610  having agreements for the longest future use.
10611         9. The net increase of total active recreation space owned
10612  by the applicant after an acquisition of land for the facility,
10613  with priority given to applicants having the largest percentage
10614  increase of total active recreation space that will be available
10615  for public use.
10616         10. The location of the facility in a brownfield, an
10617  enterprise zone, a community redevelopment area, or other area
10618  of targeted development or revitalization included in an urban
10619  infill redevelopment plan, with priority given to applicants
10620  having facilities located in these areas.
10621         (c) Each applicant certified on or after July 1, 2010,
10622  shall enter into an agreement with Jobs Florida the office that:
10623         1. Specifies the amount of the state incentive funding to
10624  be distributed.
10625         2. States the criteria that the certified applicant must
10626  meet in order to remain certified.
10627         3. States that the certified applicant is subject to
10628  decertification if the certified applicant fails to comply with
10629  this section or the agreement.
10630         4. States that Jobs Florida the office may recover state
10631  incentive funds if the certified applicant is decertified.
10632         5. Specifies information that the certified applicant must
10633  report to Jobs Florida the office.
10634         6. Includes any provision deemed prudent by Jobs Florida
10635  the office.
10636         (4) ANNUAL REPORTS.—On or before September 1 of each year,
10637  a certified applicant shall submit to Jobs Florida the office a
10638  report that includes, but is not limited to:
10639         (a) A copy of its most recent annual audit.
10640         (b) A detailed report on all local and state funds expended
10641  to date on the project being financed under this section.
10642         (c) A copy of the contract between the certified local
10643  governmental entity and the spring training team.
10644         (d) A cost-benefit analysis of the team’s impact on the
10645  community.
10646         (e) Evidence that the certified applicant continues to meet
10647  the criteria in effect when the applicant was certified.
10648         (5) DECERTIFICATION.—
10649         (a) Jobs Florida The office shall decertify a certified
10650  applicant upon the request of the certified applicant.
10651         (b) Jobs Florida The office shall decertify a certified
10652  applicant if the certified applicant does not:
10653         1. Have a valid agreement with a spring training franchise;
10654  or
10655         2. Satisfy its commitment to provide local matching funds
10656  to the facility.
10657  
10658  However, decertification proceedings against a local government
10659  certified before July 1, 2010, shall be delayed until 12 months
10660  after the expiration of the local government’s existing
10661  agreement with a spring training franchise, and without a new
10662  agreement being signed, if the certified local government can
10663  demonstrate to Jobs Florida the office that it is in active
10664  negotiations with a major league spring training franchise,
10665  other than the franchise that was the basis for the original
10666  certification.
10667         (c) A certified applicant has 60 days after it receives a
10668  notice of intent to decertify from Jobs Florida the office to
10669  petition the office’s director for review of the
10670  decertification. Within 45 days after receipt of the request for
10671  review, Jobs Florida the director must notify a certified
10672  applicant of the outcome of the review.
10673         (d) Jobs Florida the office shall notify the Department of
10674  Revenue that a certified applicant is decertified within 10 days
10675  after the order of decertification becomes final. The Department
10676  of Revenue shall immediately stop the payment of any funds under
10677  this section that were not encumbered by the certified applicant
10678  under subparagraph (3)(a)2.
10679         (e) Jobs Florida the office shall order a decertified
10680  applicant to repay all of the unencumbered state funds that the
10681  local government received under this section and any interest
10682  that accrued on those funds. The repayment must be made within
10683  60 days after the decertification order becomes final. These
10684  funds shall be deposited into the General Revenue Fund.
10685         (f) A local government as defined in s. 218.369 may not be
10686  decertified by Jobs Florida if it has paid or pledged for the
10687  payment of debt service on, or to fund debt service reserve
10688  funds, arbitrage rebate obligations, or other amounts payable
10689  with respect thereto, bonds issued for the acquisition,
10690  construction, reconstruction, or renovation of the facility for
10691  which the local government was certified, or for the
10692  reimbursement of such costs or the refinancing of bonds issued
10693  for the acquisition, construction, reconstruction, or renovation
10694  of the facility for which the local government was certified, or
10695  for the reimbursement of such costs or the refinancing of bonds
10696  issued for such purpose. This subsection does not preclude or
10697  restrict the ability of a certified local government to
10698  refinance, refund, or defease such bonds.
10699         (6) ADDITIONAL CERTIFICATIONS.—If Jobs Florida the office
10700  decertifies a unit of local government, Jobs Florida the office
10701  may accept applications for an additional certification. A unit
10702  of local government may not be certified for more than one
10703  spring training franchise at any time.
10704         (7) STRATEGIC PLANNING.—
10705         (a) Jobs Florida The office shall request assistance from
10706  the Jobs Florida Partnership, Inc., Florida Sports Foundation
10707  and the Florida Grapefruit League Association to update every 5
10708  years the spring training develop a comprehensive strategic plan
10709  that to:
10710         1. Explores alternatives for financing Finance spring
10711  training facilities.
10712         2. Evaluates and monitors Monitor and oversee the use of
10713  state funds awarded to applicants.
10714         3. Identifies Identify the financial impact that spring
10715  training has on the state and ways in which to maintain or
10716  improve that impact.
10717         4. Identifies Identify opportunities to develop public
10718  private partnerships to engage in marketing activities and
10719  advertise spring training baseball.
10720         5. Identifies Identify efforts made by other states to
10721  maintain or develop partnerships with baseball spring training
10722  teams.
10723         6. Develops Develop recommendations for the Legislature to
10724  sustain or improve this state’s spring training tradition.
10725         (b) Jobs Florida The office shall submit a copy of the
10726  updated strategic plan to the Governor, the President of the
10727  Senate, and the Speaker of the House of Representatives by
10728  December 31 of every fifth year, beginning in 2015, 2010.
10729         (8) RULEMAKING.—Jobs Florida The office shall adopt rules
10730  to implement the certification, decertification, and
10731  decertification review processes required by this section.
10732         Section 153. Subsections (1), (2), and (4) of section
10733  288.1168, Florida Statutes, are amended to read:
10734         288.1168 Professional golf hall of fame facility.—
10735         (1) The Division of Strategic Business Development of Jobs
10736  Florida Department of Commerce shall serve as the state agency
10737  for screening applicants for state funding pursuant to s. 212.20
10738  and for certifying one applicant as the professional golf hall
10739  of fame facility in the state.
10740         (2) Prior to certifying the professional golf hall of fame
10741  facility, the Division of Strategic Business Development of Jobs
10742  Florida Department of Commerce must determine that:
10743         (a) The professional golf hall of fame facility is the only
10744  professional golf hall of fame in the United States recognized
10745  by the PGA Tour, Inc.
10746         (b) The applicant is a unit of local government as defined
10747  in s. 218.369 or a private sector group that has contracted to
10748  construct or operate the professional golf hall of fame facility
10749  on land owned by a unit of local government.
10750         (c) The municipality in which the professional golf hall of
10751  fame facility is located, or the county if the facility is
10752  located in an unincorporated area, has certified by resolution
10753  after a public hearing that the application serves a public
10754  purpose.
10755         (d) There are existing projections that the professional
10756  golf hall of fame facility will attract a paid attendance of
10757  more than 300,000 annually.
10758         (e) There is an independent analysis or study, using
10759  methodology approved by the division department, which
10760  demonstrates that the amount of the revenues generated by the
10761  taxes imposed under chapter 212 with respect to the use and
10762  operation of the professional golf hall of fame facility will
10763  equal or exceed $2 million annually.
10764         (f) The applicant has submitted an agreement to provide $2
10765  million annually in national and international media promotion
10766  of the professional golf hall of fame facility, Florida, and
10767  Florida tourism, through the PGA Tour, Inc., or its affiliates,
10768  at the then-current commercial rate, during the period of time
10769  that the facility receives funds pursuant to s. 212.20. The Jobs
10770  Florida Partnership, Inc., Office of Tourism, Trade, and
10771  Economic Development and the PGA Tour, Inc., or its affiliates,
10772  must agree annually on a reasonable percentage of advertising
10773  specifically allocated for generic Florida advertising. The Jobs
10774  Florida Partnership, Inc., Office of Tourism, Trade, and
10775  Economic Development shall have final approval of all generic
10776  advertising. Failure on the part of the PGA Tour, Inc., or its
10777  affiliates to annually provide the advertising as provided in
10778  this paragraph or subsection (6) shall result in the termination
10779  of funding as provided in s. 212.20.
10780         (g) Documentation exists that demonstrates that the
10781  applicant has provided, is capable of providing, or has
10782  financial or other commitments to provide more than one-half of
10783  the costs incurred or related to the improvement and development
10784  of the facility.
10785         (h) The application is signed by an official senior
10786  executive of the applicant and is notarized according to Florida
10787  law providing for penalties for falsification.
10788         (4) Upon determining that an applicant is or is not
10789  certifiable, the Division of Strategic Business Development of
10790  Jobs Florida Secretary of Commerce shall notify the applicant of
10791  his or her status by means of an official letter. If
10792  certifiable, the division secretary shall notify the executive
10793  director of the Department of Revenue and the applicant of such
10794  certification by means of an official letter granting
10795  certification. From the date of such certification, the
10796  applicant shall have 5 years to open the professional golf hall
10797  of fame facility to the public and notify the division Office of
10798  Tourism, Trade, and Economic Development of such opening. The
10799  Department of Revenue shall not begin distributing funds until
10800  30 days following notice by the division Office of Tourism,
10801  Trade, and Economic Development that the professional golf hall
10802  of fame facility is open to the public.
10803         Section 154. Section 288.1169, Florida Statutes, is amended
10804  to read:
10805         288.1169 International Game Fish Association World Center
10806  facility.—
10807         (1) The Division of Strategic Business Development of Jobs
10808  Florida Department of Commerce shall serve as the state agency
10809  approving applicants for funding pursuant to s. 212.20 and for
10810  certifying the applicant as the International Game Fish
10811  Association World Center facility. For purposes of this section,
10812  “facility” means the International Game Fish Association World
10813  Center, and “project” means the International Game Fish
10814  Association World Center and new colocated improvements by
10815  private sector concerns who have made cash or in-kind
10816  contributions to the facility of $1 million or more.
10817         (2) Prior to certifying this facility, the division
10818  department must determine that:
10819         (a) The International Game Fish Association World Center is
10820  the only fishing museum, Hall of Fame, and international
10821  administrative headquarters in the United States recognized by
10822  the International Game Fish Association, and that one or more
10823  private sector concerns have committed to donate to the
10824  International Game Fish Association land upon which the
10825  International Game Fish Association World Center will operate.
10826         (b) International Game Fish Association is a not-for-profit
10827  Florida corporation that has contracted to construct and operate
10828  the facility.
10829         (c) The municipality in which the facility is located, or
10830  the county if the facility is located in an unincorporated area,
10831  has certified by resolution after a public hearing that the
10832  facility serves a public purpose.
10833         (d) There are existing projections that the International
10834  Game Fish Association World Center facility and the colocated
10835  facilities of private sector concerns will attract an attendance
10836  of more than 1.8 million annually.
10837         (e) There is an independent analysis or study, using
10838  methodology approved by the division department, which
10839  demonstrates that the amount of the revenues generated by the
10840  taxes imposed under chapter 212 with respect to the use and
10841  operation of the project will exceed $1 million annually.
10842         (f) There are existing projections that the project will
10843  attract more than 300,000 persons annually who are not residents
10844  of the state.
10845         (g) The applicant has submitted an agreement to provide
10846  $500,000 annually in national and international media promotion
10847  of the facility, at the then-current commercial rates, during
10848  the period of time that the facility receives funds pursuant to
10849  s. 212.20. Failure on the part of the applicant to annually
10850  provide the advertising as provided in this paragraph shall
10851  result in the termination of the funding as provided in s.
10852  212.20. The applicant can discharge its obligation under this
10853  paragraph by contracting with other persons, including private
10854  sector concerns who participate in the project.
10855         (h) Documentation exists that demonstrates that the
10856  applicant has provided, and is capable of providing, or has
10857  financial or other commitments to provide, more than one-half of
10858  the cost incurred or related to the improvements and the
10859  development of the facility.
10860         (i) The application is signed by senior officials of the
10861  International Game Fish Association and is notarized according
10862  to Florida law providing for penalties for falsification.
10863         (3) The applicant may use funds provided pursuant to s.
10864  212.20 for the purpose of paying for the construction,
10865  reconstruction, renovation, promotion, or operation of the
10866  facility, or to pay or pledge for payment of debt service on, or
10867  to fund debt service reserve funds, arbitrage rebate
10868  obligations, or other amounts payable with respect to, bonds
10869  issued for the construction, reconstruction, or renovation of
10870  the facility or for the reimbursement of such costs or by
10871  refinancing of bonds issued for such purposes.
10872         (4) Upon determining that an applicant is or is not
10873  certifiable, the Division of Strategic Business Development of
10874  Jobs Florida Department of Commerce shall notify the applicant
10875  of its status by means of an official letter. If certifiable,
10876  the division Department of Commerce shall notify the executive
10877  director of the Department of Revenue and the applicant of such
10878  certification by means of an official letter granting
10879  certification. From the date of such certification, the
10880  applicant shall have 5 years to open the facility to the public
10881  and notify the division Department of Commerce of such opening.
10882  The Department of Revenue shall not begin distributing funds
10883  until 30 days following notice by the division Department of
10884  Commerce that the facility is open to the public.
10885         (5) The Department of Revenue may audit as provided in s.
10886  213.34 to verify that the contributions pursuant to this section
10887  have been expended as required by this section.
10888         (6) The Division of Strategic Business Development of Jobs
10889  Florida Department of Commerce must recertify every 10 years
10890  that the facility is open, that the International Game Fish
10891  Association World Center continues to be the only international
10892  administrative headquarters, fishing museum, and Hall of Fame in
10893  the United States recognized by the International Game Fish
10894  Association, and that the project is meeting the minimum
10895  projections for attendance or sales tax revenues as required at
10896  the time of original certification. If the facility is not
10897  recertified during this 10-year review as meeting the minimum
10898  projections, then funding shall be abated until certification
10899  criteria are met. If the project fails to generate $1 million of
10900  annual revenues pursuant to paragraph (2)(e), the distribution
10901  of revenues pursuant to s. 212.20(6)(d)6.d. shall be reduced to
10902  an amount equal to $83,333 multiplied by a fraction, the
10903  numerator of which is the actual revenues generated and the
10904  denominator of which is $1 million. Such reduction remains in
10905  effect until revenues generated by the project in a 12-month
10906  period equal or exceed $1 million.
10907         Section 155. Paragraph (d) of subsection (1), and
10908  subsections (2) and (3) of section 288.1171, Florida Statutes,
10909  are amended, and present paragraphs (e) through (g) of
10910  subsection (1) are redesignated as paragraphs (d) through (f),
10911  respectively, to read:
10912         288.1171 Motorsports entertainment complex; definitions;
10913  certification; duties.—
10914         (1) As used in this section, the term:
10915         (d) “Office” means The Office of Tourism, Trade, and
10916  Economic Development of the Executive Office of the Governor.
10917         (2) Jobs Florida The Office of Tourism, Trade, and Economic
10918  Development shall serve as the state agency for screening
10919  applicants for local option funding under s. 218.64(3) and for
10920  certifying an applicant as a motorsports entertainment complex.
10921  Jobs Florida The Office shall develop and adopt rules for the
10922  receipt and processing of applications for funding under s.
10923  218.64(3). Jobs Florida The Office shall make a determination
10924  regarding any application filed by an applicant not later than
10925  120 days after the application is filed.
10926         (3) Before certifying an applicant as a motorsports
10927  entertainment complex, Jobs Florida the Office must determine
10928  that:
10929         (a) A unit of local government holds title to the land on
10930  which the motorsports entertainment complex is located or holds
10931  title to the motorsports entertainment complex.
10932         (b) The municipality in which the motorsports entertainment
10933  complex is located, or the county if the motorsports
10934  entertainment complex is located in an unincorporated area, has
10935  certified by resolution after a public hearing that the
10936  application serves a public purpose.
10937         Section 156. Section 288.122, Florida Statutes, is amended
10938  to read:
10939         288.122 Tourism Promotional Trust Fund.—There is created
10940  within Jobs Florida The Office of Tourism, Trade, and Economic
10941  Development of the Executive Office of the Governor the Tourism
10942  Promotional Trust Fund. Moneys deposited in the Tourism
10943  Promotional Trust Fund shall only be used to support the
10944  authorized activities and operations of the Florida Commission
10945  on Tourism, and to support tourism promotion and marketing
10946  activities, services, functions, and programs administered by
10947  the Jobs Florida Partnership, Inc., Florida Commission on
10948  Tourism through a contract with Jobs Florida the commission’s
10949  direct-support organization created under s. 288.1226.
10950         Section 157. Section 288.12265, Florida Statutes, is
10951  amended to read:
10952         288.12265 Welcome centers.—
10953         (1) Responsibility for the welcome centers is assigned to
10954  the Jobs Florida Partnership, Inc., Florida Commission on
10955  Tourism which shall contract with the commission’s direct
10956  support organization to employ all welcome center staff.
10957         (2) The Jobs Florida Partnership, Inc., Florida Commission
10958  on Tourism, through its direct-support organization, shall
10959  administer and operate the welcome centers. Pursuant to a
10960  contract with the Department of Transportation, the Jobs Florida
10961  Partnership, Inc., commission shall be responsible for routine
10962  repair, replacement, or improvement and the day-to-day
10963  management of interior areas occupied by the welcome centers.
10964  All other repairs, replacements, or improvements to the welcome
10965  centers shall be the responsibility of the Department of
10966  Transportation.
10967         Section 158. Section 288.124, Florida Statutes, is amended
10968  to read:
10969         288.124 Convention grants program.—The Jobs Florida
10970  Partnership, Inc., Commission on Tourism is authorized to
10971  establish a convention grants program and, pursuant thereto, to
10972  recommend to Jobs Florida The Office of Tourism, Trade, and
10973  Economic Development expenditures and contracts with local
10974  governments and nonprofit corporations or organizations for the
10975  purpose of attracting national conferences and conventions to
10976  Florida. Preference shall be given to local governments and
10977  nonprofit corporations or organizations seeking to attract
10978  minority conventions to Florida. Minority conventions are events
10979  that primarily involve minority persons, as defined in s.
10980  288.703, who are residents or nonresidents of the state. The
10981  commission shall establish guidelines governing the award of
10982  grants and the administration of this program. Jobs Florida The
10983  Office of Tourism, Trade, and Economic Development has final
10984  approval authority for any grants under this section. The total
10985  annual allocation of funds for this program shall not exceed
10986  $40,000.
10987         Section 159. Subsection (1) of section 288.1251, Florida
10988  Statutes, is amended to read:
10989         288.1251 Promotion and development of entertainment
10990  industry; Office of Film and Entertainment; creation; purpose;
10991  powers and duties.—
10992         (1) CREATION.—
10993         (a) There is hereby created within Jobs Florida The Office
10994  of Tourism, Trade, and Economic Development the Office of Film
10995  and Entertainment for the purpose of developing, marketing,
10996  promoting, and providing services to the state’s entertainment
10997  industry.
10998         (b) Jobs Florida The Office of Tourism, Trade, and Economic
10999  Development shall conduct a national search for a qualified
11000  person to fill the position of Commissioner of Film and
11001  Entertainment when the position is vacant. The commissioner of
11002  Jobs Florida Executive Director of the Office of Tourism, Trade,
11003  and Economic Development has the responsibility to hire the film
11004  commissioner. Qualifications for the film commissioner include,
11005  but are not limited to, the following:
11006         1. A working knowledge of the equipment, personnel,
11007  financial, and day-to-day production operations of the
11008  industries to be served by the Office of Film and Entertainment;
11009         2. Marketing and promotion experience related to the film
11010  and entertainment industries to be served;
11011         3. Experience working with a variety of individuals
11012  representing large and small entertainment-related businesses,
11013  industry associations, local community entertainment industry
11014  liaisons, and labor organizations; and
11015         4. Experience working with a variety of state and local
11016  governmental agencies.
11017         Section 160. Subsections (1) and (2), paragraph (e) of
11018  subsection (3), and paragraphs (d), (f), (g), and (h) of
11019  subsection (5) of section 288.1252, Florida Statutes, are
11020  amended to read:
11021         288.1252 Florida Film and Entertainment Advisory Council;
11022  creation; purpose; membership; powers and duties.—
11023         (1) CREATION.—There is hereby created within Jobs Florida
11024  The Office of Tourism, Trade, and Economic Development of the
11025  Executive Office of the Governor, for administrative purposes
11026  only, the Florida Film and Entertainment Advisory Council.
11027         (2) PURPOSE.—The purpose of the council shall be to serve
11028  as an advisory body to Jobs Florida The Office of Tourism,
11029  Trade, and Economic Development and to the Office of Film and
11030  Entertainment to provide these offices with industry insight and
11031  expertise related to developing, marketing, promoting, and
11032  providing service to the state’s entertainment industry.
11033         (3) MEMBERSHIP.—
11034         (e)  A representative of the Jobs Florida Partnership,
11035  Inc., and Enterprise Florida, Inc., a representative of
11036  Workforce Florida, Inc., and a representative of VISIT Florida
11037  shall serve as ex officio, nonvoting members of the council, and
11038  shall be in addition to the 17 appointed members of the council.
11039         (5) POWERS AND DUTIES.—The Florida Film and Entertainment
11040  Advisory Council shall have all the powers necessary or
11041  convenient to carry out and effectuate the purposes and
11042  provisions of this act, including, but not limited to, the power
11043  to:
11044         (d) Consider and study the needs of the entertainment
11045  industry for the purpose of advising the film commissioner and
11046  Jobs Florida The Office of Tourism, Trade, and Economic
11047  Development.
11048         (f) Consider all matters submitted to it by the film
11049  commissioner and Jobs Florida the Office of Tourism, Trade, and
11050  Economic Development.
11051         (g) Advise and consult with the film commissioner and Jobs
11052  Florida The Office of Tourism, Trade, and Economic Development,
11053  at their request or upon its own initiative, regarding the
11054  promulgation, administration, and enforcement of all laws and
11055  rules relating to the entertainment industry.
11056         (h) Suggest policies and practices for the conduct of
11057  business by the Office of Film and Entertainment or by Jobs
11058  Florida The Office of Tourism, Trade, and Economic Development
11059  that will improve internal operations affecting the
11060  entertainment industry and will enhance the economic development
11061  initiatives of the state for the industry.
11062         Section 161. Subsections (1), (2), (3), and (4) of section
11063  288.1253, Florida Statutes, are amended to read:
11064         288.1253 Travel and entertainment expenses.—
11065         (1) As used in this section, the term “travel expenses”
11066  means the actual, necessary, and reasonable costs of
11067  transportation, meals, lodging, and incidental expenses normally
11068  incurred by an employee of the Office of Film and Entertainment,
11069  which costs are defined and prescribed by rules adopted by Jobs
11070  Florida The Office of Tourism, Trade, and Economic Development,
11071  subject to approval by the Chief Financial Officer.
11072         (2) Notwithstanding the provisions of s. 112.061, Jobs
11073  Florida The Office of Tourism, Trade, and Economic Development
11074  shall adopt rules by which it may make expenditures by
11075  reimbursement to: the Governor, the Lieutenant Governor,
11076  security staff of the Governor or Lieutenant Governor, the
11077  Commissioner of Film and Entertainment, or staff of the Office
11078  of Film and Entertainment for travel expenses or entertainment
11079  expenses incurred by such individuals solely and exclusively in
11080  connection with the performance of the statutory duties of the
11081  Office of Film and Entertainment. The rules are subject to
11082  approval by the Chief Financial Officer before adoption. The
11083  rules shall require the submission of paid receipts, or other
11084  proof of expenditure prescribed by the Chief Financial Officer,
11085  with any claim for reimbursement.
11086         (3) Jobs Florida The Office of Tourism, Trade, and Economic
11087  Development shall prepare an annual report of the expenditures
11088  of the Office of Film and Entertainment and provide such report
11089  to the Legislature no later than December 30 of each year for
11090  the expenditures of the previous fiscal year. The report shall
11091  consist of a summary of all travel, entertainment, and
11092  incidental expenses incurred within the United States and all
11093  travel, entertainment, and incidental expenses incurred outside
11094  the United States, as well as a summary of all successful
11095  projects that developed from such travel.
11096         (4) The Office of Film and Entertainment and its employees
11097  and representatives, when authorized, may accept and use
11098  complimentary travel, accommodations, meeting space, meals,
11099  equipment, transportation, and any other goods or services
11100  necessary for or beneficial to the performance of the office’s
11101  duties and purposes, so long as such acceptance or use is not in
11102  conflict with part III of chapter 112. Jobs Florida The Office
11103  of Tourism, Trade, and Economic Development shall, by rule,
11104  develop internal controls to ensure that such goods or services
11105  accepted or used pursuant to this subsection are limited to
11106  those that will assist solely and exclusively in the furtherance
11107  of the office’s goals and are in compliance with part III of
11108  chapter 112.
11109         Section 162. Paragraph (a) of subsection (1), paragraphs
11110  (d), (f), and (g) of subsection (3), paragraphs (c) and (d) of
11111  subsection (4), paragraph (a) of subsection (5), and paragraph
11112  (b) of subsection (9) of section 288.1254, Florida Statutes, are
11113  amended to read:
11114         288.1254 Entertainment industry financial incentive
11115  program.—
11116         (1) DEFINITIONS.—As used in this section, the term:
11117         (a) “Certified production” means a qualified production
11118  that has tax credits allocated to it by Jobs Florida the Office
11119  of Tourism, Trade, and Economic Development based on the
11120  production’s estimated qualified expenditures, up to the
11121  production’s maximum certified amount of tax credits, by Jobs
11122  Florida the Office of Tourism, Trade, and Economic Development.
11123  The term does not include a production if its first day of
11124  principal photography or project start date in this state occurs
11125  before the production is certified by Jobs Florida The Office of
11126  Tourism, Trade, and Economic Development, unless the production
11127  spans more than 1 fiscal year, was a certified production on its
11128  first day of principal photography or project start date in this
11129  state, and submits an application for continuing the same
11130  production for the subsequent fiscal year.
11131         (3) APPLICATION PROCEDURE; APPROVAL PROCESS.—
11132         (d) Certification.—The Office of Film and Entertainment
11133  shall review the application within 15 business days after
11134  receipt. Upon its determination that the application contains
11135  all the information required by this subsection and meets the
11136  criteria set out in this section, the Office of Film and
11137  Entertainment shall qualify the applicant and recommend to Jobs
11138  Florida the Office of Tourism, Trade, and Economic Development
11139  that the applicant be certified for the maximum tax credit award
11140  amount. Within 5 business days after receipt of the
11141  recommendation, Jobs Florida the Office of Tourism, Trade, and
11142  Economic Development shall reject the recommendation or certify
11143  the maximum recommended tax credit award, if any, to the
11144  applicant and to the executive director of the Department of
11145  Revenue.
11146         (f) Verification of actual qualified expenditures.—
11147         1. The Office of Film and Entertainment shall develop a
11148  process to verify the actual qualified expenditures of a
11149  certified production. The process must require:
11150         a. A certified production to submit, in a timely manner
11151  after production ends in this state and after making all of its
11152  qualified expenditures in this state, data substantiating each
11153  qualified expenditure, including documentation on the net
11154  expenditure on equipment and other tangible personal property by
11155  the qualified production, to an independent certified public
11156  accountant licensed in this state;
11157         b. Such accountant to conduct a compliance audit, at the
11158  certified production’s expense, to substantiate each qualified
11159  expenditure and submit the results as a report, along with the
11160  required substantiating data, to the Office of Film and
11161  Entertainment; and
11162         c. The Office of Film and Entertainment to review the
11163  accountant’s submittal and report to Jobs Florida the Office of
11164  Tourism, Trade, and Economic Development the final verified
11165  amount of actual qualified expenditures made by the certified
11166  production.
11167         2. Jobs Florida The Office of Tourism, Trade, and Economic
11168  Development shall determine and approve the final tax credit
11169  award amount to each certified applicant based on the final
11170  verified amount of actual qualified expenditures and shall
11171  notify the executive director of the Department of Revenue in
11172  writing that the certified production has met the requirements
11173  of the incentive program and of the final amount of the tax
11174  credit award. The final tax credit award amount may not exceed
11175  the maximum tax credit award amount certified under paragraph
11176  (d).
11177         (g) Promoting Florida.—The Office of Film and Entertainment
11178  shall ensure that, as a condition of receiving a tax credit
11179  under this section, marketing materials promoting this state as
11180  a tourist destination or film and entertainment production
11181  destination are included, when appropriate, at no cost to the
11182  state, which must, at a minimum, include placement of a “Filmed
11183  in Florida” or “Produced in Florida” logo in the end credits.
11184  The placement of a “Filmed in Florida” or “Produced in Florida”
11185  logo on all packaging material and hard media is also required,
11186  unless such placement is prohibited by licensing or other
11187  contractual obligations. The size and placement of such logo
11188  shall be commensurate to other logos used. If no logos are used,
11189  the statement “Filmed in Florida using Florida’s Entertainment
11190  Industry Financial Incentive,” or a similar statement approved
11191  by the Office of Film and Entertainment, shall be used. The
11192  Office of Film and Entertainment shall provide a logo and supply
11193  it for the purposes specified in this paragraph. A 30-second
11194  “Visit Florida” promotional video must also be included on all
11195  optical disc formats of a film, unless such placement is
11196  prohibited by licensing or other contractual obligations. The
11197  30-second promotional video shall be approved and provided by
11198  the Jobs Florida Partnership, Inc., Florida Tourism Industry
11199  Marketing Corporation in consultation with the Commissioner of
11200  Film and Entertainment.
11201         (4) TAX CREDIT ELIGIBILITY; TAX CREDIT AWARDS; QUEUES;
11202  ELECTION AND DISTRIBUTION; CARRYFORWARD; CONSOLIDATED RETURNS;
11203  PARTNERSHIP AND NONCORPORATE DISTRIBUTIONS; MERGERS AND
11204  ACQUISITIONS.—
11205         (c) Withdrawal of tax credit eligibility.—A qualified or
11206  certified production must continue on a reasonable schedule,
11207  which includes beginning principal photography or the production
11208  project in this state no more than 45 calendar days before or
11209  after the principal photography or project start date provided
11210  in the production’s program application. Jobs Florida The Office
11211  of Tourism, Trade, and Economic Development shall withdraw the
11212  eligibility of a qualified or certified production that does not
11213  continue on a reasonable schedule.
11214         (d) Election and distribution of tax credits.—
11215         1. A certified production company receiving a tax credit
11216  award under this section shall, at the time the credit is
11217  awarded by Jobs Florida the Office of Tourism, Trade, and
11218  Economic Development after production is completed and all
11219  requirements to receive a credit award have been met, make an
11220  irrevocable election to apply the credit against taxes due under
11221  chapter 220, against state taxes collected or accrued under
11222  chapter 212, or against a stated combination of the two taxes.
11223  The election is binding upon any distributee, successor,
11224  transferee, or purchaser. Jobs Florida the Office of Tourism,
11225  Trade, and Economic Development shall notify the Department of
11226  Revenue of any election made pursuant to this paragraph.
11227         2. A qualified production company is eligible for tax
11228  credits against its sales and use tax liabilities and corporate
11229  income tax liabilities as provided in this section. However, tax
11230  credits awarded under this section may not be claimed against
11231  sales and use tax liabilities or corporate income tax
11232  liabilities for any tax period beginning before July 1, 2011,
11233  regardless of when the credits are applied for or awarded.
11234         (5) TRANSFER OF TAX CREDITS.—
11235         (a) Authorization.—Upon application to the Office of Film
11236  and Entertainment and approval by Jobs Florida the Office of
11237  Tourism, Trade, and Economic Development, a certified production
11238  company, or a partner or member that has received a distribution
11239  under paragraph (4)(g), may elect to transfer, in whole or in
11240  part, any unused credit amount granted under this section. An
11241  election to transfer any unused tax credit amount under chapter
11242  212 or chapter 220 must be made no later than 5 years after the
11243  date the credit is awarded, after which period the credit
11244  expires and may not be used. Jobs Florida The Office of Tourism,
11245  Trade, and Economic Development shall notify the Department of
11246  Revenue of the election and transfer.
11247         (9) AUDIT AUTHORITY; REVOCATION AND FORFEITURE OF TAX
11248  CREDITS; FRAUDULENT CLAIMS.—
11249         (b) Revocation of tax credits.Jobs Florida The Office of
11250  Tourism, Trade, and Economic Development may revoke or modify
11251  any written decision qualifying, certifying, or otherwise
11252  granting eligibility for tax credits under this section if it is
11253  discovered that the tax credit applicant submitted any false
11254  statement, representation, or certification in any application,
11255  record, report, plan, or other document filed in an attempt to
11256  receive tax credits under this section. Jobs Florida The Office
11257  of Tourism, Trade, and Economic Development shall immediately
11258  notify the Department of Revenue of any revoked or modified
11259  orders affecting previously granted tax credits. Additionally,
11260  the applicant must notify the Department of Revenue of any
11261  change in its tax credit claimed.
11262         Section 163. Section 288.386, Florida Statutes, is amended
11263  to read:
11264         288.386 Florida-Caribbean Basin Trade Initiative.—
11265         (1) Contingent upon a specific appropriation, the Seaport
11266  Employment Training Grant Program (STEP) shall establish and
11267  administer the Florida-Caribbean Basin Trade Initiative for the
11268  purpose of assisting small and medium-sized businesses to become
11269  involved in international activities and helping them to
11270  identify markets with product demand, identify strategic
11271  alliances in those markets, and obtain the financing to
11272  effectuate trade opportunities in the Caribbean Basin. The
11273  initiative must focus assistance to businesses located in urban
11274  communities. The initiative shall offer export readiness,
11275  assistance and referral services, internships, seminars,
11276  workshops, conferences, and e-commerce plus mentoring and
11277  matchmaking services, but shall coordinate with and not
11278  duplicate those services provided by the Jobs Florida
11279  Partnership Enterprise Florida, Inc.
11280         (2) To enhance initiative effectiveness and leverage
11281  resources, STEP shall coordinate initiative activities with the
11282  Jobs Florida Partnership Enterprise Florida, Inc., United States
11283  Export Assistance Centers, Florida Export Finance Corporation,
11284  Florida Trade Data Center, Small Business Development Centers,
11285  and any other organizations STEP deems appropriate. The
11286  coordination may encompass export assistance and referral
11287  services, export financing, job-training programs, educational
11288  programs, market research and development, market promotion,
11289  trade missions, e-commerce, and mentoring and matchmaking
11290  services relative to the expansion of trade between Florida and
11291  the Caribbean Basin. The initiative shall also form alliances
11292  with multilateral, international, and domestic funding programs
11293  from Florida, the United States, and the Caribbean Basin to
11294  coordinate systems and programs for fundamental assistance in
11295  facilitating trade and investment.
11296         (3) STEP shall administer the Florida-Caribbean Basin Trade
11297  Initiative pursuant to a performance-based contract with Jobs
11298  Florida, which the Office of Tourism, Trade, and Economic
11299  Development. The Office of Tourism, Trade, and Economic
11300  Development shall develop performance measures, standards, and
11301  sanctions for the initiative. Performance measures must include,
11302  but are not limited to, the number of businesses assisted; the
11303  number of urban businesses assisted; and the increase in value
11304  of exports to the Caribbean which is attributable to the
11305  initiative.
11306         Section 164. Section 288.7011, Florida Statutes, is amended
11307  to read:
11308         288.7011 Assistance to certified development corporation.
11309  Jobs Florida The Office of Tourism, Trade, and Economic
11310  Development is authorized to enter into contracts with a
11311  nonprofit, statewide development corporation certified pursuant
11312  to s. 503 of the Small Business Investment Act of 1958, as
11313  amended, to permit such corporation to locate and contract for
11314  administrative and technical staff assistance and support,
11315  including, without limitation, assistance to the development
11316  corporation in the packaging and servicing of loans for the
11317  purpose of stimulating and expanding the availability of private
11318  equity capital and long-term loans to small businesses. Such
11319  assistance and support will cease when the corporation has
11320  received state support in an amount the equivalent of $250,000
11321  per year over a 5-year period beginning July 1, 1997. Any
11322  contract between Jobs Florida the Office and such corporation
11323  shall specify that the records of the corporation must be
11324  available for audit by Jobs Florida the Office and by the
11325  Auditor General.
11326         Section 165. Section 288.7015, Florida Statutes, is amended
11327  to read:
11328         288.7015 Appointment of rules ombudsman; duties.—The
11329  Governor shall appoint a rules ombudsman, as defined in s.
11330  288.703, in the Executive Office of the Governor, for
11331  considering the impact of agency rules on the state’s citizens
11332  and businesses. In carrying out duties as provided by law, the
11333  ombudsman shall consult with the Jobs Florida Partnership
11334  Enterprise Florida, Inc., at which point Jobs Florida the office
11335  may recommend to improve the regulatory environment of this
11336  state. The duties of the rules ombudsman are to:
11337         (1) Carry out the responsibility provided in s. 120.54(2),
11338  with respect to small businesses.
11339         (2) Review state agency rules that adversely or
11340  disproportionately impact businesses, particularly those
11341  relating to small and minority businesses.
11342         (3) Make recommendations on any existing or proposed rules
11343  to alleviate unnecessary or disproportionate adverse effects to
11344  businesses.
11345         (4) Each state agency shall cooperate fully with the rules
11346  ombudsman in identifying such rules. Further, each agency shall
11347  take the necessary steps to waive, modify, or otherwise minimize
11348  such adverse effects of any such rules. However, nothing in this
11349  section authorizes any state agency to waive, modify, provide
11350  exceptions to, or otherwise alter any rule that is:
11351         (a) Expressly required to implement or enforce any
11352  statutory provision or the express legislative intent thereof;
11353         (b) Designed to protect persons against discrimination on
11354  the basis of race, color, national origin, religion, sex, age,
11355  handicap, or marital status; or
11356         (c) Likely to prevent a significant risk or danger to the
11357  public health, the public safety, or the environment of the
11358  state.
11359         (5) The modification or waiver of any such rule pursuant to
11360  this section must be accomplished in accordance with the
11361  provisions of chapter 120.
11362         Section 166. Section 288.705, Florida Statutes, is amended
11363  to read:
11364         288.705 Statewide contracts register.—All state agencies
11365  shall in a timely manner provide the Florida Small Business
11366  Development Center Procurement System with all formal
11367  solicitations for contractual services, supplies, and
11368  commodities. The Small Business Development Center shall
11369  coordinate with Minority Business Development Centers to compile
11370  and distribute this information to small and minority businesses
11371  requesting such service for the period of time necessary to
11372  familiarize the business with the market represented by state
11373  agencies. On or before February 1 of each year, the Small
11374  Business Development Center shall report to Jobs Florida the
11375  Agency for Workforce Innovation on the use of the statewide
11376  contracts register. The report shall include, but not be limited
11377  to, information relating to:
11378         (1) The total number of solicitations received from state
11379  agencies during the calendar year.
11380         (2) The number of solicitations received from each state
11381  agency during the calendar year.
11382         (3) The method of distributing solicitation information to
11383  businesses requesting such service.
11384         (4) The total number of businesses using the service.
11385         (5) The percentage of businesses using the service which
11386  are owned and controlled by minorities.
11387         (6) The percentage of service-disabled veteran business
11388  enterprises using the service.
11389         Section 167. Subsection (12) of section 288.706, Florida
11390  Statutes, is amended to read:
11391         288.706 Florida Minority Business Loan Mobilization
11392  Program.—
11393         (12) The Department of Management Services shall
11394  collaborate with the Jobs Florida Partnership Florida Black
11395  Business Investment Board, Inc., and Jobs Florida the Office of
11396  Tourism, Trade, and Economic Development to assist in the
11397  development and enhancement of black business enterprises.
11398         Section 168. Subsection (2) of section 288.7094, Florida
11399  Statutes, is amended to read:
11400         288.7094 Black business investment corporations.—
11401         (2) A black business investment corporation that meets the
11402  requirements of s. 288.7102(4) is eligible to participate in the
11403  Black Business Loan Program and shall receive priority
11404  consideration by Jobs Florida the Office of Tourism, Trade, and
11405  Economic Development for participation in the program.
11406         Section 169. Section 288.7102, Florida Statutes, is amended
11407  to read:
11408         288.7102 Black Business Loan Program.—
11409         (1) The Black Business Loan Program is established in Jobs
11410  Florida, which the Office of Tourism, Trade, and Economic
11411  Development. Under the program, the office shall annually
11412  certify eligible recipients and subsequently disburse funds
11413  appropriated by the Legislature, through such eligible
11414  recipients, to black business enterprises that cannot obtain
11415  capital through conventional lending institutions but that could
11416  otherwise compete successfully in the private sector.
11417         (2) Jobs Florida The office shall establish an application
11418  and annual certification process for entities seeking funds to
11419  participate in providing loans, loan guarantees, or investments
11420  in black business enterprises pursuant to the Florida Black
11421  Business Investment Act. Jobs Florida The office shall process
11422  all applications and recertifications submitted by June 1 on or
11423  before July 31.
11424         (3) If the Black Business Loan Program is appropriated any
11425  funding in a fiscal year, Jobs Florida the Office shall
11426  distribute an equal amount of the appropriation, calculated as
11427  the total annual appropriation divided by the total number of
11428  program recipients certified on or before July 31 of that fiscal
11429  year.
11430         (4) To be eligible to receive funds and provide loans, loan
11431  guarantees, or investments under this section, a recipient must:
11432         (a) Be a corporation registered in the state.
11433         (b) For an existing recipient, annually submit to Jobs
11434  Florida the office a financial audit performed by an independent
11435  certified public account for the most recently completed fiscal
11436  year, which audit does not reveal any material weaknesses or
11437  instances of material noncompliance.
11438         (c) For a new recipient:
11439         1. Demonstrate that its board of directors includes
11440  citizens of the state experienced in the development of black
11441  business enterprises.
11442         2. Demonstrate that the recipient has a business plan that
11443  allows the recipient to operate in a manner consistent with the
11444  requirements of the Jobs Florida Partnership, Inc., ss. 288.707
11445  288.714 and the rules of Jobs Florida the office.
11446         3. Demonstrate that the recipient has the technical skills
11447  to analyze and evaluate applications by black business
11448  enterprises for loans, loan guarantees, or investments.
11449         4. Demonstrate that the recipient has established viable
11450  partnerships with public and private funding sources, economic
11451  development agencies, and workforce development and job referral
11452  networks.
11453         5. Demonstrate that the recipient can provide a private
11454  match equal to 20 percent of the amount of funds provided by the
11455  office.
11456         (d) For an existing or new recipient, agree to maintain the
11457  recipient’s books and records relating to funds received by Jobs
11458  Florida the office according to generally accepted accounting
11459  principles and in accordance with the requirements of s.
11460  215.97(7) and to make those books and records available to Jobs
11461  Florida the office for inspection upon reasonable notice.
11462         (5) Each eligible recipient must meet the requirements of
11463  the Jobs Florida Partnership, Inc., provisions of ss. 288.707
11464  288.714, the terms of the contract between the recipient and
11465  Jobs Florida the Office, and any other applicable state or
11466  federal laws. An entity may not receive funds under ss. 288.707
11467  288.714 unless the entity meets annual certification
11468  requirements.
11469         (6) Upon approval by Jobs Florida the Office and before
11470  release of the funds as provided in this section, Jobs Florida
11471  the Office shall issue a letter certifying the applicant as
11472  qualified for an award. Jobs Florida the Office and the
11473  applicant shall enter into an agreement that sets forth the
11474  conditions for award of the funds. The agreement must include
11475  the total amount of funds awarded; the performance conditions
11476  that must be met once the funding has been awarded, including,
11477  but not limited to, compliance with all of the requirements of
11478  this section for eligible recipients of funds under this
11479  section; and sanctions for failure to meet performance
11480  conditions, including any provisions to recover awards.
11481         (7) Jobs Florida The Office, in consultation with the
11482  board, shall adopt rules pursuant to ss. 120.536(1) and 120.54
11483  to implement this section.
11484         (8) A black business investment corporation certified by
11485  Jobs Florida the Office as an eligible recipient under this
11486  section is authorized to use funds appropriated for the Black
11487  Business Loan Program in any of the following forms:
11488         (a) Purchases of stock, preferred or common, voting or
11489  nonvoting; however, no more than 40 percent of the funds may be
11490  used for direct investments in black business enterprises;
11491         (b) Loans or loan guarantees, with or without recourse, in
11492  either a subordinated or priority position; or
11493         (c) Technical support to black business enterprises, not to
11494  exceed 9 percent of the funds received, and direct
11495  administrative costs, not to exceed 12 percent of the funds
11496  received.
11497         (9) It is the intent of the Legislature that if any one
11498  type of investment mechanism authorized in subsection (8) is
11499  held to be invalid, all other valid mechanisms remain available.
11500         (10) All loans, loan guarantees, and investments, and any
11501  income related thereto, shall be used to carry out the public
11502  purpose of ss. 288.707-288.714, which is to develop black
11503  business enterprises. This subsection does not preclude a
11504  reasonable profit for the participating black business
11505  investment corporation or for return of equity developed to the
11506  state and participating financial institutions upon any
11507  distribution of the assets or excess income of the investment
11508  corporation.
11509         Section 170. Section 288.714, Florida Statutes, is amended
11510  to read:
11511         288.714 Quarterly and annual reports.—
11512         (1) Each recipient of state funds under s. 288.7102 shall
11513  provide to Jobs Florida the Office a quarterly report within 15
11514  days after the end of each calendar quarter that includes a
11515  detailed summary of the recipient’s performance of the duties
11516  imposed by s. 288.7102, including, but not limited to:
11517         (a) The dollar amount of all loans or loan guarantees made
11518  to black business enterprises, the percentages of the loans
11519  guaranteed, and the names and identification of the types of
11520  businesses served.
11521         (b) Loan performance information.
11522         (c) The amount and nature of all other financial assistance
11523  provided to black business enterprises.
11524         (d) The amount and nature of technical assistance provided
11525  to black business enterprises, including technical assistance
11526  services provided in areas in which such services are otherwise
11527  unavailable.
11528         (e) A balance sheet for the recipient, including an
11529  explanation of all investments and administrative and
11530  operational expenses.
11531         (f) A summary of all services provided to nonblack business
11532  enterprises, including the dollar value and nature of such
11533  services and the names and identification of the types of
11534  businesses served.
11535         (g) Any other information as required by policies adopted
11536  by Jobs Florida the Office.
11537         (2) Jobs Florida The Office must compile a summary of all
11538  quarterly reports and provide a copy of the summary to the board
11539  within 30 days after the end of each calendar quarter that
11540  includes a detailed summary of the recipient’s performance of
11541  the duties imposed by s. 288.7102.
11542         (3) By August 31 of each year, Jobs Florida the Office
11543  shall provide to the Governor, the President of the Senate, and
11544  the Speaker of the House of Representatives a detailed report of
11545  the performance of the Black Business Loan Program. The report
11546  must include a cumulative summary of quarterly report data
11547  required by subsection (1).
11548         (4) By August 31 of each year, the board shall provide to
11549  the Governor, the President of the Senate, and the Speaker of
11550  the House of Representatives a detailed report of the board’s
11551  performance, including:
11552         (a) A description of the strategies implemented by the
11553  board to increase private investment in black business
11554  enterprises.
11555         (b) A summary of the board’s performance of its duties
11556  under ss. 288.707-288.712.
11557         (c) The most recent 5-year projection of the need for
11558  capital by black business enterprises.
11559         (d) Recommendations for legislative or other changes to
11560  enhance the development and expansion of black business
11561  enterprises in the state.
11562         (e) A projection of the program’s activities during the
11563  next 12 months.
11564         Section 171. Subsection (1) of section 288.773, Florida
11565  Statutes, is amended to read:
11566         288.773 Florida Export Finance Corporation.—The Florida
11567  Export Finance Corporation is hereby created as a corporation
11568  not for profit, to be incorporated under the provisions of
11569  chapter 617 and approved by the Department of State. The
11570  corporation is organized on a nonstock basis. The purpose of the
11571  corporation is to expand employment and income opportunities for
11572  residents of this state through increased exports of goods and
11573  services, by providing businesses domiciled in this state
11574  information and technical assistance on export opportunities,
11575  exporting techniques, and financial assistance through
11576  guarantees and direct loan originations for sale in support of
11577  export transactions. The corporation shall have the power and
11578  authority to carry out the following functions:
11579         (1) To coordinate the efforts of the corporation with
11580  programs and goals of the United States Export-Import Bank, the
11581  International Trade Administration of the United States
11582  Department of Commerce, the Foreign Credit Insurance
11583  Association, the Jobs Florida Partnership Enterprise Florida,
11584  Inc., and its boards, and other private and public programs and
11585  organizations, domestic and foreign, designed to provide export
11586  assistance and export-related financing.
11587         Section 172. Paragraph (b) of subsection (3) of section
11588  288.774, Florida Statutes, is amended to read:
11589         288.774 Powers and limitations.—
11590         (3)
11591         (b) In providing assistance, the board shall be guided by
11592  the statewide economic development plan adopted by Jobs Florida
11593  and the Jobs Florida Partnership, Inc pursuant to s. 288.905.
11594         Section 173. Paragraph (a) of subsection (1) and paragraphs
11595  (a), (c), and (g) of subsection (3) of section 288.776, Florida
11596  Statutes, are amended to read:
11597         288.776 Board of directors; powers and duties.—
11598         (1)(a) The corporation shall have a board of directors
11599  consisting of 15 members representing all geographic areas of
11600  the state. Minority and gender representation must be considered
11601  when making appointments to the board. The board membership must
11602  include:
11603         1. A representative of the following businesses, all of
11604  which must be registered to do business in this state: a foreign
11605  bank, a state bank, a federal bank, an insurance company
11606  involved in covering trade financing risks, and a small or
11607  medium-sized exporter.
11608         2. The following persons or their designee: the President
11609  of the Jobs Florida Partnership Enterprise Florida, Inc., the
11610  Chief Financial Officer, the Secretary of State, and a senior
11611  official of the United States Department of Commerce, and the
11612  chair of the Florida Black Business Investment Board.
11613         (3) The board shall:
11614         (a) Prior to the expenditure of funds from the export
11615  finance account, adopt bylaws, rules, and policies which are
11616  necessary to carry out the responsibilities under this part,
11617  particularly with respect to the implementation of the
11618  corporation’s programs to insure, coinsure, lend, provide loan
11619  guarantees, and make direct, guaranteed, or collateralized loans
11620  by the corporation to support export transactions. The
11621  corporation’s bylaws, rules, and policies shall be reviewed and
11622  approved by the Jobs Florida Partnership Enterprise Florida,
11623  Inc., prior to final adoption by the board.
11624         (c) Issue an annual report to the Jobs Florida Partnership
11625  Enterprise Florida, Inc., on the activities of the corporation,
11626  including an evaluation of activities and recommendations for
11627  change. The evaluation shall include the corporation’s impact on
11628  the following:
11629         1. Participation of private banks and other private
11630  organizations and individuals in the corporation’s export
11631  financing programs.
11632         2. Access of small and medium-sized businesses in this
11633  state to federal export financing programs.
11634         3. Export volume of the small and medium-sized businesses
11635  in this state accessing the corporation’s programs.
11636         4. Other economic and social benefits to international
11637  programs in this state.
11638         (g) Consult with the Jobs Florida Partnership Enterprise
11639  Florida, Inc., and its boards, or any state or federal agency,
11640  to ensure that the respective loan guarantee or working capital
11641  loan origination programs are not duplicative and that each
11642  program makes full use of, to the extent practicable, the
11643  resources of the other.
11644         Section 174. Section 288.7771, Florida Statutes, is amended
11645  to read:
11646         288.7771 Annual report of Florida Export Finance
11647  Corporation.—The corporation shall annually prepare and submit
11648  to Jobs Florida Enterprise Florida, Inc., for inclusion in its
11649  annual report required by s. 288.095 a complete and detailed
11650  report setting forth:
11651         (1) The report required in s. 288.776(3).
11652         (2) Its assets and liabilities at the end of its most
11653  recent fiscal year.
11654         Section 175. Section 288.816, Florida Statutes, is amended
11655  to read:
11656         288.816 Intergovernmental relations.—
11657         (1) Jobs Florida The Office of Tourism, Trade, and Economic
11658  Development shall be responsible for consular operations and the
11659  sister city and sister state program and shall serve as liaison
11660  with foreign, federal, and other state international
11661  organizations and with county and municipal governments in
11662  Florida.
11663         (2) Jobs Florida The Office of Tourism, Trade, and Economic
11664  Development shall be responsible for all consular relations
11665  between the state and all foreign governments doing business in
11666  Florida. Jobs Florida The office shall monitor United States
11667  laws and directives to ensure that all federal treaties
11668  regarding foreign privileges and immunities are properly
11669  observed. Jobs Florida The office shall promulgate rules which
11670  shall:
11671         (a) Establish a viable system of registration for foreign
11672  government officials residing or having jurisdiction in the
11673  state. Emphasis shall be placed on maintaining active
11674  communication between Jobs Florida The Office of Tourism, Trade,
11675  and Economic Development and the United States Department of
11676  State in order to be currently informed regarding foreign
11677  governmental personnel stationed in, or with official
11678  responsibilities for, Florida. Active dialogue shall also be
11679  maintained with foreign countries which historically have had
11680  dealings with Florida in order to keep them informed of the
11681  proper procedure for registering with the state.
11682         (b) Maintain and systematically update a current and
11683  accurate list of all such foreign governmental officials,
11684  consuls, or consulates.
11685         (c) Issue certificates to such foreign governmental
11686  officials after verification pursuant to proper investigations
11687  through United States Department of State sources and the
11688  appropriate foreign government.
11689         (d) Verify entitlement to sales and use tax exemptions
11690  pursuant to United States Department of State guidelines and
11691  identification methods.
11692         (e) Verify entitlement to issuance of special motor vehicle
11693  license plates by the Division of Motor Vehicles of the
11694  Department of Highway Safety and Motor Vehicles to honorary
11695  consuls or such other officials representing foreign governments
11696  who are not entitled to issuance of special Consul Corps license
11697  plates by the United States Government.
11698         (f) Establish a system of communication to provide all
11699  state and local law enforcement agencies with information
11700  regarding proper procedures relating to the arrest or
11701  incarceration of a foreign citizen.
11702         (g) Request the Department of Law Enforcement to provide
11703  transportation and protection services when necessary pursuant
11704  to s. 943.68.
11705         (h) Coordinate, when necessary, special activities between
11706  foreign governments and Florida state and local governments.
11707  These may include Consular Corps Day, Consular Corps
11708  conferences, and various other social, cultural, or educational
11709  activities.
11710         (i) Notify all newly arrived foreign governmental officials
11711  of the services offered by Jobs Florida The Office of Tourism,
11712  Trade, and Economic Development.
11713         (3) Jobs Florida The Office of Tourism, Trade, and Economic
11714  Development shall operate the sister city and sister state
11715  program and establish such new programs as needed to further
11716  global understanding through the interchange of people, ideas,
11717  and culture between Florida and the world. To accomplish this
11718  purpose, Jobs Florida the office shall have the power and
11719  authority to:
11720         (a) Coordinate and carry out activities designed to
11721  encourage the state and its subdivisions to participate in
11722  sister city and sister state affiliations with foreign countries
11723  and their subdivisions. Such activities may include a State of
11724  Florida sister cities conference.
11725         (b) Encourage cooperation with and disseminate information
11726  pertaining to the Sister Cities International Program and any
11727  other program whose object is to promote linkages with foreign
11728  countries and their subdivisions.
11729         (c) Maximize any aid available from all levels of
11730  government, public and private agencies, and other entities to
11731  facilitate such activities.
11732         (d) Establish a viable system of registration for sister
11733  city and sister state affiliations between the state and foreign
11734  countries and their subdivisions. Such system shall include a
11735  method to determine that sufficient ties are properly
11736  established as well as a method to supervise how these ties are
11737  maintained.
11738         (e) Maintain a current and accurate listing of all such
11739  affiliations. Sister city affiliations shall not be discouraged
11740  between the state and any country specified in s. 620(f)(1) of
11741  the federal Foreign Assistance Act of 1961, as amended, with
11742  whom the United States is currently conducting diplomatic
11743  relations unless a mandate from the United States Government
11744  expressly prohibits such affiliations.
11745         (4) Jobs Florida The Office of Tourism, Trade, and Economic
11746  Development shall serve as a contact for the state with the
11747  Florida Washington Office, the Florida Congressional Delegation,
11748  and United States Government agencies with respect to laws or
11749  policies which may affect the interests of the state in the area
11750  of international relations. All inquiries received regarding
11751  international economic trade development or reverse investment
11752  opportunities shall be referred to the Jobs Florida Partnership
11753  Enterprise Florida, Inc. In addition, Jobs Florida the office
11754  shall serve as liaison with other states with respect to
11755  international programs of interest to Florida. Jobs Florida The
11756  office shall also investigate and make suggestions regarding
11757  possible areas of joint action or regional cooperation with
11758  these states.
11759         (5) Jobs Florida The Office of Tourism, Trade, and Economic
11760  Development shall have the power and duty to encourage the
11761  relocation to Florida of consular offices and multilateral and
11762  international agencies and organizations.
11763         (6) Jobs Florida The Office of Tourism, Trade, and Economic
11764  Development, through membership on the board of directors of
11765  Enterprise Florida, Inc., shall help to contribute an
11766  international perspective to the state’s development efforts.
11767         Section 176. Paragraph (a) of subsection (1) and subsection
11768  (2) of section 288.809, Florida Statutes, are amended to read:
11769         288.809 Florida Intergovernmental Relations Foundation; use
11770  of property; board of directors; audit.—
11771         (1) DEFINITIONS.—For the purposes of this section, the
11772  term:
11773         (a) “Florida Intergovernmental Relations Foundation” means
11774  a direct-support organization:
11775         1. Which is a corporation not for profit that is
11776  incorporated under the provisions of chapter 617 and approved by
11777  the Department of State;
11778         2. Which is organized and operated exclusively to solicit,
11779  receive, hold, invest, and administer property and, subject to
11780  the approval of Jobs Florida the Office of Tourism, Trade, and
11781  Economic Development, to make expenditures to or for the
11782  promotion of intergovernmental relations programs; and
11783         3. Which Jobs Florida the Office of Tourism, Trade, and
11784  Economic Development, after review, has certified to be
11785  operating in a manner consistent with the policies and goals of
11786  Jobs Florida the office.
11787         (2) USE OF PROPERTY.—Jobs Florida The Office of Tourism,
11788  Trade, and Economic Development:
11789         (a) Is authorized to permit the use of property,
11790  facilities, and personal services of Jobs Florida the Office of
11791  Tourism, Trade, and Economic Development by the foundation,
11792  subject to the provisions of this section.
11793         (b) Shall prescribe conditions with which the foundation
11794  must comply in order to use property, facilities, or personal
11795  services of the department. Such conditions shall provide for
11796  budget and audit review and for oversight by Jobs Florida the
11797  Office of Tourism, Trade, and Economic Development.
11798         (c) Shall not permit the use of property, facilities, or
11799  personal services of the foundation if the foundation does not
11800  provide equal employment opportunities to all persons,
11801  regardless of race, color, national origin, sex, age, or
11802  religion.
11803         Section 177. Section 288.826, Florida Statutes, is amended
11804  to read:
11805         288.826 Florida International Trade and Promotion Trust
11806  Fund.—There is hereby established in the State Treasury the
11807  Florida International Trade and Promotion Trust Fund. The moneys
11808  deposited into this trust fund shall be administered by Jobs
11809  Florida the Office of Tourism, Trade, and Economic Development
11810  for the operation of the Jobs Florida Partnership Enterprise
11811  Florida, Inc., and its boards and for the operation of Florida
11812  international foreign offices under s. 288.012.
11813         Section 178. Section 288.95155, Florida Statutes, is
11814  amended to read:
11815         288.95155 Florida Small Business Technology Growth
11816  Program.—
11817         (1) The Florida Small Business Technology Growth Program is
11818  hereby established to provide financial assistance to businesses
11819  in this state having high job growth and emerging technology
11820  potential and fewer than 100 employees. The program shall be
11821  administered and managed by the Jobs Florida Partnership
11822  Enterprise Florida, Inc.
11823         (2)(a)The Jobs Florida Partnership Enterprise Florida,
11824  Inc., shall establish a separate small business technology
11825  growth account in the Florida Technology Research Investment
11826  Fund for purposes of this section. Moneys in the account shall
11827  consist of appropriations by the Legislature, proceeds of any
11828  collateral used to secure such assistance, transfers, fees
11829  assessed for providing or processing such financial assistance,
11830  grants, interest earnings, and earnings on financial assistance.
11831         (b) For the 2009-2010 fiscal year only, Enterprise Florida,
11832  Inc., shall advance up to $600,000 from the account to the
11833  Institute for Commercialization of Public Research for its
11834  operations. This paragraph expires July 1, 2010.
11835         (3) Pursuant to s. 216.351, the amount of any moneys
11836  appropriated to the account which are unused at the end of the
11837  fiscal year shall not be subject to reversion under s. 216.301.
11838  All moneys in the account are continuously appropriated to the
11839  account and may be used for loan guarantees, letter of credit
11840  guarantees, cash reserves for loan and letter of credit
11841  guarantees, payments of claims pursuant to contracts for
11842  guarantees, subordinated loans, loans with warrants, royalty
11843  investments, equity investments, and operations of the program.
11844  Any claim against the program shall be paid solely from the
11845  account. Neither the credit nor the taxing power of the state
11846  shall be pledged to secure the account or moneys in the account,
11847  other than from moneys appropriated or assigned to the account,
11848  and the state shall not be liable or obligated in any way for
11849  any claims against the account or against the Jobs Florida
11850  Partnership Enterprise Florida, Inc.
11851         (4) Awards of assistance from the program shall be
11852  finalized subject to the policies and procedures of the Jobs
11853  Florida Partnership Enterprise Florida, Inc. The Jobs Florida
11854  Partnership Enterprise Florida, Inc., shall leverage at least
11855  one dollar of matching investment for each dollar awarded from
11856  the program. The Jobs Florida Partnership Enterprise Florida,
11857  Inc., shall give the highest priority to moderate-risk and high
11858  risk ventures that offer the greatest opportunity for compelling
11859  economic development impact. The Jobs Florida Partnership
11860  Enterprise Florida, Inc., shall establish for each award a risk
11861  reward timetable that profiles the risks of the assistance,
11862  estimates the potential economic development impact, and
11863  establishes a timetable for reviewing the success or failure of
11864  the assistance. By December 31 of each year, the Jobs Florida
11865  Partnership Enterprise Florida, Inc., shall evaluate, on a
11866  portfolio basis, the results of all awards of assistance made
11867  from the program during the year.
11868         (5) The Jobs Florida Partnership Enterprise Florida, Inc.,
11869  shall prepare for inclusion in Job Florida’s and include in its
11870  annual report required by s. 288.095 a report on the financial
11871  status of the program. The report must specify the assets and
11872  liabilities of the program within the current fiscal year and
11873  must include a portfolio update that lists all of the businesses
11874  assisted, the private dollars leveraged by each business
11875  assisted, and the growth in sales and in employment of each
11876  business assisted.
11877         Section 179. Paragraph (e) of subsection (2), paragraph (a)
11878  of subsection (4), subsection (7), paragraph (b) of subsection
11879  (8), subsection (9), paragraph (l) of subsection (10), and
11880  subsection (15) of section 288.955, Florida Statutes, are
11881  amended, and present subsections (16) and (17) of that section
11882  are renumbered as subsections (15) and (16), respectively, to
11883  read:
11884         288.955 Scripps Florida Funding Corporation.—
11885         (2) CREATION.—
11886         (e) Jobs Florida The Office of Tourism, Trade, and Economic
11887  Development shall provide administrative support to the
11888  corporation as requested by the corporation. In the event of the
11889  dissolution of the corporation, Jobs Florida the office shall be
11890  the corporation’s successor in interest and shall assume all
11891  rights, duties, and obligations of the corporation under any
11892  contract to which the corporation is then a party and under law.
11893         (4) BOARD; MEMBERSHIP.—The corporation shall be governed by
11894  a board of directors.
11895         (a) The board of directors shall consist of nine voting
11896  members, of whom the Governor shall appoint three, the President
11897  of the Senate shall appoint three, and the Speaker of the House
11898  of Representatives shall appoint three. The commissioner of Jobs
11899  Florida or the commissioner’s designee director of the Office of
11900  Tourism, Trade, and Economic Development or the director’s
11901  designee shall serve as an ex-officio, nonvoting member of the
11902  board of directors.
11903         (7) INVESTMENT OF FUNDS.—The corporation must enter into an
11904  agreement with the State Board of Administration under which
11905  funds received by the corporation from Jobs Florida the Office
11906  of Tourism, Trade, and Economic Development which are not
11907  disbursed to the grantee shall be invested by the State Board of
11908  Administration on behalf of the corporation. Funds shall be
11909  invested in suitable instruments authorized under s. 215.47 and
11910  specified in investment guidelines established and agreed to by
11911  the State Board of Administration and the corporation.
11912         (8) CONTRACT.—
11913         (b) The contract, at a minimum, must contain provisions:
11914         1. Specifying the procedures and schedules that govern the
11915  disbursement of funds under this section and specifying the
11916  conditions or deliverables that the grantee must satisfy before
11917  the release of each disbursement.
11918         2. Requiring the grantee to submit to the corporation a
11919  business plan in a form and manner prescribed by the
11920  corporation.
11921         3. Prohibiting The Scripps Research Institute or the
11922  grantee from establishing other biomedical science or research
11923  facilities in any state other than this state or California for
11924  a period of 12 years from the commencement of the contract.
11925  Nothing in this subparagraph shall prohibit the grantee from
11926  establishing or engaging in normal collaborative activities with
11927  other organizations.
11928         4. Governing the ownership of or security interests in real
11929  property and personal property, including, but not limited to,
11930  research equipment, obtained through the financial support of
11931  state or local government, including a provision that in the
11932  event of a breach of the contract or in the event the grantee
11933  ceases operations in this state, such property purchased with
11934  state funds shall revert to the state and such property
11935  purchased with local funds shall revert to the local governing
11936  authority.
11937         5. Requiring the grantee to be an equal opportunity
11938  employer.
11939         6. Requiring the grantee to maintain a policy of awarding
11940  preference in employment to residents of this state, as defined
11941  by law, except for professional scientific staff positions
11942  requiring a doctoral degree, postdoctoral training positions,
11943  and graduate student positions.
11944         7. Requiring the grantee to maintain a policy of making
11945  purchases from vendors in this state, to the extent it is cost
11946  effective and scientifically sound.
11947         8. Requiring the grantee to use the Internet-based job
11948  listing system of Jobs Florida the Agency for Workforce
11949  Innovation in advertising employment opportunities.
11950         9. Requiring the grantee to establish accredited science
11951  degree programs.
11952         10. Requiring the grantee to establish internship programs
11953  to create learning opportunities for educators and secondary,
11954  postsecondary, graduate, and doctoral students.
11955         11. Requiring the grantee to submit data to the corporation
11956  on the activities and performance during each fiscal year and to
11957  provide to the corporation an annual accounting of the
11958  expenditure of funds disbursed under this section.
11959         12. Establishing that the corporation shall review the
11960  activities of the grantee to assess the grantee’s financial and
11961  operational compliance with the provisions of the contract and
11962  with relevant provisions of law.
11963         13. Authorizing the grantee, when feasible, to use
11964  information submitted by it to the Federal Government or to
11965  other organizations awarding research grants to the grantee to
11966  help meet reporting requirements imposed under this section or
11967  the contract, if the information satisfies the reporting
11968  standards of this section and the contract.
11969         14. Requiring the grantee during the first 7 years of the
11970  contract to create 545 positions and to acquire associated
11971  research equipment for the grantee’s facility in this state, and
11972  pay for related maintenance of the equipment, in a total amount
11973  of not less than $45 million.
11974         15. Requiring the grantee to progress in the creation of
11975  the total number of jobs prescribed in subparagraph 14. on the
11976  following schedule: At least 38 positions in the 1st year, 168
11977  positions in the 2nd year, 280 positions in the 3rd year, 367
11978  positions in the 4th year, 436 positions in the 5th year, 500
11979  positions in the 6th year, and 545 positions in the 7th year.
11980  The board may allow the grantee to deviate downward from such
11981  employee levels by 25 percent in any year, to allow the grantee
11982  flexibility in achieving the objectives set forth in the
11983  business plan provided to the corporation; however, the grantee
11984  must have no fewer than 545 positions by the end of the 7th
11985  year.
11986         16. Requiring the grantee to allow the corporation to
11987  retain an independent certified public accountant licensed in
11988  this state pursuant to chapter 473 to inspect the records of the
11989  grantee in order to audit the expenditure of funds disbursed to
11990  the grantee. The independent certified public accountant shall
11991  not disclose any confidential or proprietary scientific
11992  information of the grantee.
11993         17. Requiring the grantee to purchase liability insurance
11994  and governing the coverage level of such insurance.
11995         (9) PERFORMANCE EXPECTATIONS.—In addition to the provisions
11996  prescribed in subsection (8), the contract between the
11997  corporation and the grantee shall include a provision that the
11998  grantee, in cooperation with Jobs Florida the Office of Tourism,
11999  Trade, and Economic Development, shall report to the corporation
12000  on performance expectations that reflect the aspirations of the
12001  Governor and the Legislature for the benefits accruing to this
12002  state as a result of the funds appropriated pursuant to this
12003  section. These shall include, but are not limited to,
12004  performance expectations addressing:
12005         (a) The number and dollar value of research grants obtained
12006  from the Federal Government or sources other than this state.
12007         (b) The percentage of total research dollars received by
12008  The Scripps Research Institute from sources other than this
12009  state which is used to conduct research activities by the
12010  grantee in this state.
12011         (c) The number or value of patents obtained by the grantee.
12012         (d) The number or value of licensing agreements executed by
12013  the grantee.
12014         (e) The extent to which research conducted by the grantee
12015  results in commercial applications.
12016         (f) The number of collaborative agreements reached and
12017  maintained with colleges and universities in this state and with
12018  research institutions in this state, including agreements that
12019  foster participation in research opportunities by public and
12020  private colleges and universities and research institutions in
12021  this state with significant minority populations, including
12022  historically black colleges and universities.
12023         (g) The number of collaborative partnerships established
12024  and maintained with businesses in this state.
12025         (h) The total amount of funding received by the grantee
12026  from sources other than the State of Florida.
12027         (i) The number or value of spin-off businesses created in
12028  this state as a result of commercialization of the research of
12029  the grantee.
12030         (j) The number or value of businesses recruited to this
12031  state by the grantee.
12032         (k) The establishment and implementation of policies to
12033  promote supplier diversity using the guidelines developed by the
12034  Office of Supplier Diversity under s. 287.09451 and to comply
12035  with the ordinances, including any small business ordinances,
12036  enacted by the county and which are applicable to the biomedical
12037  research institution and campus located in this state.
12038         (l) The designation by the grantee of a representative to
12039  coordinate with the Office of Supplier Diversity.
12040         (m) The establishment and implementation of a program to
12041  conduct workforce recruitment activities at public and private
12042  colleges and universities and community colleges in this state
12043  which request the participation of the grantee.
12044  
12045  The contract shall require the grantee to provide information to
12046  the corporation on the progress in meeting these performance
12047  expectations on an annual basis. It is the intent of the
12048  Legislature that, in fulfilling its obligation to work with
12049  Florida’s public and private colleges and universities, Scripps
12050  Florida work with such colleges and universities regardless of
12051  size.
12052         (10) DISBURSEMENT CONDITIONS.—In addition to the provisions
12053  prescribed in subsection (8), the contract between the
12054  corporation and the grantee shall include disbursement
12055  conditions that must be satisfied by the grantee as a condition
12056  for the continued disbursement of funds under this section.
12057  These disbursement conditions shall be negotiated between the
12058  corporation and the grantee and shall not be designed to impede
12059  the ability of the grantee to attain full operational status.
12060  The disbursement conditions may be appropriately varied as to
12061  timeframes, numbers, values, and percentages. The disbursement
12062  conditions shall include, but are not limited to, the following
12063  areas:
12064         (l) Beginning June 2004, the grantee shall commence
12065  collaboration efforts with Jobs Florida the Office of Tourism,
12066  Trade, and Economic Development by complying with reasonable
12067  requests for cooperation in economic development efforts in the
12068  biomed/biotech industry. No later than July 2004, the grantee
12069  shall designate a person who shall be charged with assisting in
12070  these collaborative efforts.
12071         (15) PROGRAM EVALUATION.—
12072         (a) Before January 1, 2007, the Office of Program Policy
12073  Analysis and Government Accountability shall conduct a
12074  performance audit of the Office of Tourism, Trade, and Economic
12075  Development and the corporation relating to the provisions of
12076  this section. The audit shall assess the implementation and
12077  outcomes of activities under this section. At a minimum, the
12078  audit shall address:
12079         1. Performance of the Office of Tourism, Trade, and
12080  Economic Development in disbursing funds appropriated under this
12081  section.
12082         2. Performance of the corporation in managing and enforcing
12083  the contract with the grantee.
12084         3. Compliance by the corporation with the provisions of
12085  this section and the provisions of the contract.
12086         4. Economic activity generated through funds disbursed
12087  under the contract.
12088         (b) Before January 1, 2010, the Office of Program Policy
12089  Analysis and Government Accountability shall update the report
12090  required under this subsection. In addition to addressing the
12091  items prescribed in paragraph (a), the updated report shall
12092  include a recommendation on whether the Legislature should
12093  retain the statutory authority for the corporation.
12094  
12095  A report of each audit’s findings and recommendations shall be
12096  submitted to the Governor, the President of the Senate, and the
12097  Speaker of the House of Representatives. In completing the
12098  performance audits required under this subsection, the Office of
12099  Program Policy Analysis and Government Accountability shall
12100  maximize the use of reports submitted by the grantee to the
12101  Federal Government or to other organizations awarding research
12102  grants to the grantee.
12103         Section 180. Subsection (1) and paragraph (a) of subsection
12104  (2) of section 288.9519, Florida Statutes, are amended to read:
12105         288.9519 Not-for-profit corporation.—
12106         (1) It is the intent of the Legislature to promote the
12107  development of the state economy and to authorize the
12108  establishment of a not-for-profit organization that shall
12109  promote the competitiveness and profitability of high-technology
12110  business and industry through technology development projects of
12111  importance to specific manufacturing sectors in this state. This
12112  not-for-profit corporation shall work cooperatively with the
12113  Jobs Florida Partnership Enterprise Florida, Inc., and shall
12114  avoid duplicating the activities, programs, and functions of the
12115  Jobs Florida Partnership Enterprise Florida, Inc.
12116         (2) In addition to all other powers and authority, not
12117  explicitly prohibited by statutes, this not-for-profit
12118  organization has the following powers and duties:
12119         (a) To receive funds appropriated to the organization by
12120  the Legislature. Such funds may not duplicate funds appropriated
12121  to the Jobs Florida Partnership Enterprise Florida, Inc., but
12122  shall serve to further the advancement of the state economy,
12123  jointly and collaboratively with the Jobs Florida Partnership
12124  Enterprise Florida, Inc.
12125         Section 181. Section 288.9520, Florida Statutes, is amended
12126  to read:
12127         288.9520 Public records exemption.—Materials that relate to
12128  methods of manufacture or production, potential trade secrets,
12129  potentially patentable material, actual trade secrets, business
12130  transactions, financial and proprietary information, and
12131  agreements or proposals to receive funding that are received,
12132  generated, ascertained, or discovered by the Jobs Florida
12133  Partnership Enterprise Florida, Inc., including its affiliates
12134  or subsidiaries and partnership participants, such as private
12135  enterprises, educational institutions, and other organizations,
12136  are confidential and exempt from the provisions of s. 119.07(1)
12137  and s. 24(a), Art. I of the State Constitution, except that a
12138  recipient of the Jobs Florida Partnership Enterprise Florida,
12139  Inc., research funds shall make available, upon request, the
12140  title and description of the research project, the name of the
12141  researcher, and the amount and source of funding provided for
12142  the project.
12143         Section 182. Subsection (10) of section 288.9603, Florida
12144  Statutes, is amended to read:
12145         288.9603 Definitions.—
12146         (10) “Partnership” means the Jobs Florida Partnership
12147  Enterprise Florida, Inc.
12148         Section 183. Subsection (2) of section 288.9604, Florida
12149  Statutes, is amended to read:
12150         288.9604 Creation of the authority.—
12151         (2) The Governor, subject to confirmation by the Senate,
12152  shall appoint the board of directors of the corporation, who
12153  shall be five in number. The terms of office for the directors
12154  shall be for 4 years from the date of their appointment. A
12155  vacancy occurring during a term shall be filled for the
12156  unexpired term. A director shall be eligible for reappointment.
12157  At least three of the directors of the corporation shall be
12158  bankers who have been selected by the Governor from a list of
12159  bankers who were nominated by the Jobs Florida Partnership,
12160  Inc., Enterprise Florida, Inc., and one of the directors shall
12161  be an economic development specialist. The chairperson of the
12162  Florida Black Business Investment Board shall be an ex officio
12163  member of the board of the corporation.
12164         Section 184. Paragraph (v) of subsection (2) of section
12165  288.9605, Florida Statutes, is amended to read:
12166         288.9605 Corporation powers.—
12167         (2) The corporation is authorized and empowered to:
12168         (v) Enter into investment agreements with the Jobs Florida
12169  Partnership, Inc., Florida Black Business Investment Board
12170  concerning the issuance of bonds and other forms of indebtedness
12171  and capital for the purposes of ss. 288.707-288.714.
12172         Section 185. Subsection (1) of section 288.9606, Florida
12173  Statutes, is amended to read:
12174         288.9606 Issue of revenue bonds.—
12175         (1) When authorized by a public agency pursuant to s.
12176  163.01(7), the corporation has power in its corporate capacity,
12177  in its discretion, to issue revenue bonds or other evidences of
12178  indebtedness which a public agency has the power to issue, from
12179  time to time to finance the undertaking of any purpose of this
12180  act and ss. 288.707-288.714, including, without limiting the
12181  generality thereof, the payment of principal and interest upon
12182  any advances for surveys and plans or preliminary loans, and has
12183  the power to issue refunding bonds for the payment or retirement
12184  of bonds previously issued. Bonds issued pursuant to this
12185  section shall bear the name “Florida Development Finance
12186  Corporation Revenue Bonds.” The security for such bonds may be
12187  based upon such revenues as are legally available. In
12188  anticipation of the sale of such revenue bonds, the corporation
12189  may issue bond anticipation notes and may renew such notes from
12190  time to time, but the maximum maturity of any such note,
12191  including renewals thereof, may not exceed 5 years from the date
12192  of issuance of the original note. Such notes shall be paid from
12193  any revenues of the corporation available therefor and not
12194  otherwise pledged or from the proceeds of sale of the revenue
12195  bonds in anticipation of which they were issued. Any bond, note,
12196  or other form of indebtedness issued pursuant to this act shall
12197  mature no later than the end of the 30th fiscal year after the
12198  fiscal year in which the bond, note, or other form of
12199  indebtedness was issued.
12200         Section 186. Section 288.9614, Florida Statutes, is amended
12201  to read:
12202         288.9614 Authorized programs.—The Jobs Florida Partnership
12203  Enterprise Florida, Inc., may take any action that it deems
12204  necessary to achieve the purposes of this act in partnership
12205  with private enterprises, public agencies, and other
12206  organizations, including, but not limited to, efforts to address
12207  the long-term debt needs of small-sized and medium-sized firms,
12208  to address the needs of microenterprises, to expand availability
12209  of venture capital, and to increase international trade and
12210  export finance opportunities for firms critical to achieving the
12211  purposes of this act.
12212         Section 187. Subsection (1) of section 288.9624, Florida
12213  Statutes, are amended to read:
12214         288.9624 Florida Opportunity Fund; creation; duties.—
12215         (1)(a) The Jobs Florida Partnership Enterprise Florida,
12216  Inc., shall facilitate the creation of the Florida Opportunity
12217  Fund, a private, not-for-profit corporation organized and
12218  operated under chapter 617. The Jobs Florida Partnership
12219  Enterprise Florida, Inc., shall be the fund’s sole shareholder
12220  or member. The fund is not a public corporation or
12221  instrumentality of the state. The fund shall manage its business
12222  affairs and conduct business consistent with its organizational
12223  documents and the purposes set forth in this section.
12224  Notwithstanding the powers granted under chapter 617, the
12225  corporation may not amend, modify, or repeal a bylaw or article
12226  of incorporation without the express written consent of the Jobs
12227  Florida Partnership Enterprise Florida, Inc.
12228         (b) The board of directors for the fund shall be a five
12229  member board appointed by vote of the board of directors of the
12230  Jobs Florida Partnership, Inc., and board members shall serve
12231  terms as provided in the fund’s organizational documents. The
12232  vice chair of Enterprise Florida, Inc., shall select from among
12233  its sitting board of directors a five-person appointment
12234  committee. The appointment committee shall select five initial
12235  members of a board of directors for the fund.
12236         (c) The persons appointed elected to the initial board of
12237  directors by the appointment committee shall include persons who
12238  have expertise in the area of the selection and supervision of
12239  early stage investment managers or in the fiduciary management
12240  of investment funds and other areas of expertise as considered
12241  appropriate by the appointment committee.
12242         (d) After election of the initial board of directors,
12243  vacancies on the board shall be filled by vote of the board of
12244  directors of Enterprise Florida, Inc., and board members shall
12245  serve terms as provided in the fund’s organizational documents.
12246         (d)(e) Members of the board are subject to any restrictions
12247  on conflicts of interest specified in the organizational
12248  documents and may not have an interest in any venture capital
12249  investment selected by the fund under ss. 288.9621-288.9624.
12250         (e)(f) Members of the board shall serve without
12251  compensation, but members, the president of the board, and other
12252  board employees may be reimbursed for all reasonable, necessary,
12253  and actual expenses as determined and approved by the board
12254  pursuant to s. 112.061.
12255         (f)(g) The fund shall have all powers granted under its
12256  organizational documents and shall indemnify members to the
12257  broadest extent permissible under the laws of this state.
12258         Section 188. Subsections (3), (4), (5), and (6) of section
12259  288.9625, Florida Statutes, are amended to read:
12260         288.9625 Institute for the Commercialization of Public
12261  Research.–There is established at a public university or
12262  research center in this state the Institute for the
12263  Commercialization of Public Research.
12264         (3) The articles of incorporation of the institute must be
12265  approved in a written agreement with Jobs Florida Enterprise
12266  Florida, Inc. The agreement and the articles of incorporation
12267  shall:
12268         (a) Provide that the institute shall provide equal
12269  employment opportunities for all persons regardless of race,
12270  color, religion, gender, national origin, age, handicap, or
12271  marital status;
12272         (b) Provide that the institute is subject to the public
12273  records and meeting requirements of s. 24, Art. I of the State
12274  Constitution;
12275         (c) Provide that all officers, directors, and employees of
12276  the institute shall be governed by the code of ethics for public
12277  officers and employees as set forth in part III of chapter 112;
12278         (d) Provide that members of the board of directors of the
12279  institute are responsible for the prudent use of all public and
12280  private funds and that they will ensure that the use of funds is
12281  in accordance with all applicable laws, bylaws, and contractual
12282  requirements; and
12283         (e) Provide that the fiscal year of the institute is from
12284  July 1 to June 30.
12285         (4) The affairs of the institute shall be managed by a
12286  board of directors who shall serve without compensation. Each
12287  director shall have only one vote. The chair of the board of
12288  directors shall be selected by a majority vote of the directors,
12289  a quorum being present. The board of directors shall consist of
12290  the following five members:
12291         (a) The commissioner of Jobs Florida chair of Enterprise
12292  Florida, Inc., or the commissioner’s chair’s designee.
12293         (b) The president of the university where the institute is
12294  located or the president’s designee unless multiple universities
12295  jointly sponsor the institute, in which case the presidents of
12296  the sponsoring universities shall agree upon a designee.
12297         (c) Three directors appointed by the Governor to 3-year
12298  staggered terms, to which the directors may be reappointed.
12299         (5) The board of directors shall provide a copy of the
12300  institute’s annual report to the Governor, the President of the
12301  Senate, the Speaker of the House of Representatives, Enterprise
12302  Florida, Inc., and the president of the university at which the
12303  institute is located.
12304         (6) Jobs Florida Enterprise Florida, Inc., the president
12305  and the board of trustees of the university where the institute
12306  is located, the Auditor General, and the Office of Program
12307  Policy Analysis and Government Accountability may require and
12308  receive from the institute or its independent auditor any detail
12309  or supplemental data relative to the operation of the institute.
12310         Section 189. Subsections (3), (8), and (9) of section
12311  288.975, Florida Statutes, are amended to read:
12312         288.975 Military base reuse plans.—
12313         (3) No later than 6 months after the designation of a
12314  military base for closure by the Federal Government, each host
12315  local government shall notify the Jobs Florida secretary of the
12316  Department of Community Affairs and the director of the Office
12317  of Tourism, Trade, and Economic Development in writing, by hand
12318  delivery or return receipt requested, as to whether it intends
12319  to use the optional provisions provided in this act. If a host
12320  local government does not opt to use the provisions of this act,
12321  land use planning and regulation pertaining to base reuse
12322  activities within those host local governments shall be subject
12323  to all applicable statutory requirements, including those
12324  contained within chapters 163 and 380.
12325         (8) At the request of a host local government, Jobs Florida
12326  The Office of Tourism, Trade, and Economic Development shall
12327  coordinate a presubmission workshop concerning a military base
12328  reuse plan within the boundaries of the host jurisdiction.
12329  Agencies that shall participate in the workshop shall include
12330  any affected local governments; the Department of Environmental
12331  Protection; Jobs Florida the Office of Tourism, Trade, and
12332  Economic Development; the Department of Community Affairs; the
12333  Department of Transportation; the Department of Health; the
12334  Department of Children and Family Services; the Department of
12335  Juvenile Justice; the Department of Agriculture and Consumer
12336  Services; the Department of State; the Fish and Wildlife
12337  Conservation Commission; and any applicable water management
12338  districts and regional planning councils. The purposes of the
12339  workshop shall be to assist the host local government to
12340  understand issues of concern to the above listed entities
12341  pertaining to the military base site and to identify
12342  opportunities for better coordination of planning and review
12343  efforts with the information and analyses generated by the
12344  federal environmental impact statement process and the federal
12345  community base reuse planning process.
12346         (9) If a host local government elects to use the optional
12347  provisions of this act, it shall, no later than 12 months after
12348  notifying the agencies of its intent pursuant to subsection (3)
12349  either:
12350         (a) Send a copy of the proposed military base reuse plan
12351  for review to any affected local governments; the Department of
12352  Environmental Protection; Jobs Florida the Office of Tourism,
12353  Trade, and Economic Development; the Department of Community
12354  Affairs; the Department of Transportation; the Department of
12355  Health; the Department of Children and Family Services; the
12356  Department of Juvenile Justice; the Department of Agriculture
12357  and Consumer Services; the Department of State; the Fish and
12358  Wildlife Conservation Commission; and any applicable water
12359  management districts and regional planning councils, or
12360         (b) Petition Jobs Florida the secretary of the Department
12361  of Community Affairs for an extension of the deadline for
12362  submitting a proposed reuse plan. Such an extension request must
12363  be justified by changes or delays in the closure process by the
12364  federal Department of Defense or for reasons otherwise deemed to
12365  promote the orderly and beneficial planning of the subject
12366  military base reuse. Jobs Florida The secretary of the
12367  Department of Community Affairs may grant extensions to the
12368  required submission date of the reuse plan.
12369         Section 190. Paragraph (b) of subsection (1), paragraphs
12370  (a) and (c) of subsection (2) and subsections (3), (4), (5),
12371  (6), (7), and (9) of section 288.980, Florida Statutes, are
12372  amended to read:
12373         288.980 Military base retention; legislative intent; grants
12374  program.—
12375         (1)
12376         (b) The Florida Defense Alliance, an organization within
12377  the Jobs Florida Partnership, Inc., Enterprise Florida, is
12378  designated as the organization to ensure that Florida, its
12379  resident military bases and missions, and its military host
12380  communities are in competitive positions as the United States
12381  continues its defense realignment and downsizing. The defense
12382  alliance shall serve as an overall advisory body for Enterprise
12383  Florida defense-related activity of the Jobs Florida
12384  Partnership, Inc. The Florida Defense Alliance may receive
12385  funding from appropriations made for that purpose administered
12386  by Jobs Florida the Office of Tourism, Trade, and Economic
12387  Development.
12388         (2)(a) Jobs Florida The Office of Tourism, Trade, and
12389  Economic Development is authorized to award grants from any
12390  funds available to it to support activities related to the
12391  retention of military installations potentially affected by
12392  federal base closure or realignment.
12393         (c) Except for grants issued pursuant to the Florida
12394  Military Installation Reuse Planning and Marketing Grant Program
12395  as described in paragraph (3)(c), the amount of any grant
12396  provided to an applicant may not exceed $250,000. Jobs Florida
12397  The Office of Tourism, Trade, and Economic Development shall
12398  require that an applicant:
12399         1. Represent a local government with a military
12400  installation or military installations that could be adversely
12401  affected by federal base realignment or closure.
12402         2. Agree to match at least 30 percent of any grant awarded.
12403         3. Prepare a coordinated program or plan of action
12404  delineating how the eligible project will be administered and
12405  accomplished.
12406         4. Provide documentation describing the potential for
12407  realignment or closure of a military installation located in the
12408  applicant’s community and the adverse impacts such realignment
12409  or closure will have on the applicant’s community.
12410         (3) The Florida Economic Reinvestment Initiative is
12411  established to respond to the need for this state and defense
12412  dependent communities in this state to develop alternative
12413  economic diversification strategies to lessen reliance on
12414  national defense dollars in the wake of base closures and
12415  reduced federal defense expenditures and the need to formulate
12416  specific base reuse plans and identify any specific
12417  infrastructure needed to facilitate reuse. The initiative shall
12418  consist of the following two three distinct grant programs to be
12419  administered by Jobs Florida the Office of Tourism, Trade, and
12420  Economic Development:
12421         (a) The Florida Defense Planning Grant Program, through
12422  which funds shall be used to analyze the extent to which the
12423  state is dependent on defense dollars and defense infrastructure
12424  and prepare alternative economic development strategies. The
12425  state shall work in conjunction with defense-dependent
12426  communities in developing strategies and approaches that will
12427  help communities make the transition from a defense economy to a
12428  nondefense economy. Grant awards may not exceed $250,000 per
12429  applicant and shall be available on a competitive basis.
12430         (b) The Florida Defense Implementation Grant Program,
12431  through which funds shall be made available to defense-dependent
12432  communities to implement the diversification strategies
12433  developed pursuant to paragraph (a). Eligible applicants include
12434  defense-dependent counties and cities, and local economic
12435  development councils located within such communities. Grant
12436  awards may not exceed $100,000 per applicant and shall be
12437  available on a competitive basis. Awards shall be matched on a
12438  one-to-one basis.
12439  
12440  Applications for grants under this subsection must include a
12441  coordinated program of work or plan of action delineating how
12442  the eligible project will be administered and accomplished,
12443  which must include a plan for ensuring close cooperation between
12444  civilian and military authorities in the conduct of the funded
12445  activities and a plan for public involvement.
12446         (4) The Defense Infrastructure Grant Program is created.
12447  Jobs Florida The director of the Office of Tourism, Trade, and
12448  Economic Development shall coordinate and implement this
12449  program, the purpose of which is to support local infrastructure
12450  projects deemed to have a positive impact on the military value
12451  of installations within the state. Funds are to be used for
12452  projects that benefit both the local community and the military
12453  installation. It is not the intent, however, to fund on-base
12454  military construction projects. Infrastructure projects to be
12455  funded under this program include, but are not limited to, those
12456  related to encroachment, transportation and access, utilities,
12457  communications, housing, environment, and security. Grant
12458  requests will be accepted only from economic development
12459  applicants serving in the official capacity of a governing board
12460  of a county, municipality, special district, or state agency
12461  that will have the authority to maintain the project upon
12462  completion. An applicant must represent a community or county in
12463  which a military installation is located. There is no limit as
12464  to the amount of any grant awarded to an applicant. A match by
12465  the county or local community may be required. Jobs Florida The
12466  Office of Tourism, Trade, and Economic Development shall
12467  establish guidelines to implement the purpose of this
12468  subsection.
12469         (5)(a) The Defense-Related Business Adjustment Program is
12470  hereby created. Jobs Florida The Director of the Office of
12471  Tourism, Trade, and Economic Development shall coordinate the
12472  development of the Defense-Related Business Adjustment Program.
12473  Funds shall be available to assist defense-related companies in
12474  the creation of increased commercial technology development
12475  through investments in technology. Such technology must have a
12476  direct impact on critical state needs for the purpose of
12477  generating investment-grade technologies and encouraging the
12478  partnership of the private sector and government defense-related
12479  business adjustment. The following areas shall receive
12480  precedence in consideration for funding commercial technology
12481  development: law enforcement or corrections, environmental
12482  protection, transportation, education, and health care. Travel
12483  and costs incidental thereto, and staff salaries, are not
12484  considered an “activity” for which grant funds may be awarded.
12485         (b) Jobs Florida The Office shall require that an
12486  applicant:
12487         1. Be a defense-related business that could be adversely
12488  affected by federal base realignment or closure or reduced
12489  defense expenditures.
12490         2. Agree to match at least 50 percent of any funds awarded
12491  by the department in cash or in-kind services. Such match shall
12492  be directly related to activities for which the funds are being
12493  sought.
12494         3. Prepare a coordinated program or plan delineating how
12495  the funds will be administered.
12496         4. Provide documentation describing how defense-related
12497  realignment or closure will adversely impact defense-related
12498  companies.
12499         (6) The Retention of Military Installations Program is
12500  created. Jobs Florida The Director of the Office of Tourism,
12501  Trade, and Economic Development shall coordinate and implement
12502  this program. The sum of $1.2 million is appropriated from the
12503  General Revenue Fund for fiscal year 1999-2000 to the Office of
12504  Tourism, Trade, and Economic Development to implement this
12505  program for military installations located in counties with a
12506  population greater than 824,000. The funds shall be used to
12507  assist military installations potentially affected by federal
12508  base closure or realignment in covering current operating costs
12509  in an effort to retain the installation in this state. An
12510  eligible military installation for this program shall include a
12511  provider of simulation solutions for war-fighting
12512  experimentation, testing, and training which employs at least
12513  500 civilian and military employees and has been operating in
12514  the state for a period of more than 10 years.
12515         (7) Jobs Florida The director may award nonfederal matching
12516  funds specifically appropriated for construction, maintenance,
12517  and analysis of a Florida defense workforce database. Such funds
12518  will be used to create a registry of worker skills that can be
12519  used to match the worker needs of companies that are relocating
12520  to this state or to assist workers in relocating to other areas
12521  within this state where similar or related employment is
12522  available.
12523         (9) Jobs Florida The Office of Tourism, Trade, and Economic
12524  Development shall establish guidelines to implement and carry
12525  out the purpose and intent of this section.
12526         Section 191. Paragraphs (a), (e), and (f) of subsection (2)
12527  of section 288.984, Florida Statutes, are amended to read:
12528         288.984 Florida Council on Military Base and Mission
12529  Support.—The Florida Council on Military Base and Mission
12530  Support is established. The council shall provide oversight and
12531  direction for initiatives, claims, and actions taken on behalf
12532  of the state, its agencies, and political subdivisions under
12533  this part.
12534         (2) MEMBERSHIP.—
12535         (a) The council shall be composed of nine members. The
12536  President of the Senate, the Speaker of the House of
12537  Representatives, and the Governor shall each appoint three
12538  members as follows:
12539         1. The President of the Senate shall appoint one member of
12540  the Senate, one community representative from a community-based
12541  defense support organization, and one member who is a retired
12542  military general or flag-rank officer residing in this state or
12543  an executive officer of a defense contracting firm doing
12544  significant business in this state.
12545         2. The Speaker of the House of Representatives shall
12546  appoint one member of the House of Representatives, one
12547  community representative from a community-based defense support
12548  organization, and one member who is a retired military general
12549  or flag-rank officer residing in this state or an executive
12550  officer of a defense contracting firm doing significant business
12551  in this state.
12552         3. The Governor shall appoint the commissioner of Jobs
12553  Florida or the commissioner’s designee, a board member of the
12554  Jobs Florida Partnership, Inc., director or designee of the
12555  Office of Tourism, Trade, and Economic Development, the vice
12556  chairperson or designee of Enterprise Florida, Inc., and one at
12557  large member.
12558         (e) Jobs Florida The Office of Tourism, Trade, and Economic
12559  Development shall provide administrative support to the council.
12560         (f) The Secretary of Community Affairs or his or her
12561  designee, the Secretary of Environmental Protection or his or
12562  her designee, the Secretary of Transportation or his or her
12563  designee, the Adjutant General of the state or his or her
12564  designee, and the executive director of the Department of
12565  Veterans’ Affairs or his or her designee shall attend meetings
12566  held by the council and provide assistance, information, and
12567  support as requested by the council.
12568         Section 192. Subsection (5) and paragraph (b) of subsection
12569  (8) of section 288.9913, Florida Statutes, are amended, and
12570  present subsections (6) through (10) of that section are
12571  renumbered as subsections (5) through (9), respectively, to
12572  read:
12573         288.9913 Definitions.—As used in ss. 288.991-288.9922, the
12574  term:
12575         (5) “Officemeans the Office of Tourism, Trade, and
12576  Economic Development.
12577         (7)(8) “Qualified community development entity” means an
12578  entity that:
12579         (b) Is the Jobs Florida Partnership Enterprise Florida,
12580  Inc., or an entity created by the Jobs Florida Partnership
12581  Enterprise Florida, Inc.
12582         Section 193. Subsections (1), (2), and (3), paragraphs (a)
12583  and (b) of subsection (4), and subsection (6) of section
12584  288.9914, Florida Statutes, are amended to read:
12585         288.9914 Certification of qualified investments; investment
12586  issuance reporting.—
12587         (1) ELIGIBLE INDUSTRIES.—
12588         (a) Jobs Florida The office, in consultation with the Jobs
12589  Florida Partnership, Inc., Enterprise Florida, Inc., shall
12590  designate industries using the North American Industry
12591  Classification System which are eligible to receive low-income
12592  community investments. The designated industries must be those
12593  industries that have the greatest potential to create strong
12594  positive impacts on or benefits to the state, regional, and
12595  local economies.
12596         (b) A qualified community development entity may not make a
12597  qualified low-income community investment in a business unless
12598  the principal activities of the business are within an eligible
12599  industry. Jobs Florida the office may waive this limitation if
12600  Jobs Florida the office determines that the investment will have
12601  a positive impact on a community.
12602         (2) APPLICATION.—A qualified community development entity
12603  must submit an application to Jobs Florida the Office to approve
12604  a proposed investment as a qualified investment. The application
12605  must include:
12606         (a) The name, address, and tax identification number of the
12607  qualified community development entity.
12608         (b) Proof of certification as a qualified community
12609  development entity under 26 U.S.C. s. 45D.
12610         (c) A copy of an allocation agreement executed by the
12611  entity, or its controlling entity, and the Community Development
12612  Financial Institutions Fund, which authorizes the entity to
12613  serve businesses in this state.
12614         (d) A verified statement by the chief executive officer of
12615  the entity that the allocation agreement remains in effect.
12616         (e) A description of the proposed amount, structure, and
12617  purchaser of an equity investment or long-term debt security.
12618         (f) The name and tax identification number of any person
12619  authorized to claim a tax credit earned as a result of the
12620  purchase of the proposed qualified investment.
12621         (g) A detailed explanation of the proposed use of the
12622  proceeds from a proposed qualified investment.
12623         (h) A nonrefundable application fee of $1,000, payable to
12624  Jobs Florida the office.
12625         (i) A statement that the entity will invest only in the
12626  industries designated by Jobs Florida the office.
12627         (j) The entity’s plans for the development of relationships
12628  with community-based organizations, local community development
12629  offices and organizations, and economic development
12630  organizations. The entity must also explain steps it has taken
12631  to implement its plans to develop these relationships.
12632         (k) A statement that the entity will not invest in a
12633  qualified active low-income community business unless the
12634  business will create or retain jobs that pay an average wage of
12635  at least 115 percent of the federal poverty income guidelines
12636  for a family of four.
12637         (3) REVIEW.—
12638         (a) Jobs Florida The office shall review applications to
12639  approve an investment as a qualified investment in the order
12640  received. Jobs Florida The office shall approve or deny an
12641  application within 30 days after receipt.
12642         (b) If Jobs Florida the office intends to deny the
12643  application, Jobs Florida the office shall inform the applicant
12644  of the basis of the proposed denial. The applicant shall have 15
12645  days after it receives the notice of the intent to deny the
12646  application to submit a revised application to Jobs Florida the
12647  office. Jobs Florida the office shall issue a final order
12648  approving or denying the revised application within 30 days
12649  after receipt.
12650         (c) Jobs Florida The office may not approve a cumulative
12651  amount of qualified investments that may result in the claim of
12652  more than $97.5 million in tax credits during the existence of
12653  the program or more than $20 million in tax credits in a single
12654  state fiscal year. However, the potential for a taxpayer to
12655  carry forward an unused tax credit may not be considered in
12656  calculating the annual limit.
12657         (4) APPROVAL.—
12658         (a) Jobs Florida The office shall provide a copy of the
12659  final order approving an investment as a qualified investment to
12660  the qualified community development entity and to the
12661  department. The notice shall include the identity of the
12662  taxpayers who are eligible to claim the tax credits and the
12663  amount that may be claimed by each taxpayer.
12664         (b) Jobs Florida The office shall approve an application
12665  for part of the amount of the proposed investment if the amount
12666  of tax credits available is insufficient.
12667         (6) REPORT OF ISSUANCE OF A QUALIFIED INVESTMENT.—The
12668  qualified community development entity must provide Jobs Florida
12669  the office with evidence of the receipt of the cash in exchange
12670  for the qualified investment within 30 business days after
12671  receipt.
12672         Section 194. Subsection (2) of section 288.9916, Florida
12673  Statutes, is amended to read:
12674         288.9916 New markets tax credit.—
12675         (2) A tax credit earned under this section may not be sold
12676  or transferred, except as provided in this subsection.
12677         (a) A partner, member, or shareholder of a partnership,
12678  limited liability company, S-corporation, or other “pass
12679  through” entity may claim the tax credit pursuant to an
12680  agreement among the partners, members, or shareholders. Any
12681  change in the allocation of a tax credit under the agreement
12682  must be reported to Jobs Florida the office and to the
12683  department.
12684         (b) Eligibility to claim a tax credit transfers to
12685  subsequent purchasers of a qualified investment. Such transfers
12686  must be reported to Jobs Florida the office and to the
12687  department along with the identity, tax identification number,
12688  and tax credit amount allocated to a taxpayer pursuant to
12689  paragraph (a). The notice of transfer also must state whether
12690  unused tax credits are being transferred and the amount of
12691  unused tax credits being transferred.
12692         Section 195. Section 288.9917, Florida Statutes, is amended
12693  to read:
12694         288.9917 Community development entity reporting after a
12695  credit allowance date; certification of tax credit amount.—
12696         (1) A qualified community development entity that has
12697  issued a qualified investment shall submit the following to Jobs
12698  Florida the office within 30 days after each credit allowance
12699  date:
12700         (a) A list of all qualified active low-income community
12701  businesses in which a qualified low-income community investment
12702  was made since the last credit allowance date. The list shall
12703  also describe the type and amount of investment in each business
12704  and the address of the principal location of each business. The
12705  list must be verified by the chief executive officer of the
12706  community development entity.
12707         (b) Bank records, wire transfer records, or similar
12708  documents that provide evidence of the qualified low-income
12709  community investments made since the last credit allowance date.
12710         (c) A verified statement by the chief financial or
12711  accounting officer of the community development entity that no
12712  redemption or principal repayment was made with respect to the
12713  qualified investment since the previous credit allowance date.
12714         (d) Information relating to the recapture of the federal
12715  new markets tax credit since the last credit allowance date.
12716         (2) Jobs Florida The office shall certify in writing to the
12717  qualified community development entity and to the department the
12718  amount of the tax credit authorized for each taxpayer eligible
12719  to claim the tax credit in the tax year containing the last
12720  credit allowance date.
12721         Section 196. Section 288.9918, Florida Statutes, is amended
12722  to read:
12723         288.9918 Annual reporting by a community development
12724  entity.—A community development entity that has issued a
12725  qualified investment shall submit an annual report to Jobs
12726  Florida the office by April 30 after the end of each year which
12727  includes a credit allowance date. The report shall include:
12728         (1) The entity’s annual financial statements for the
12729  preceding tax year, audited by an independent certified public
12730  accountant.
12731         (2) The identity of the types of industries, identified by
12732  the North American Industry Classification System Code, in which
12733  qualified low-income community investments were made.
12734         (3) The names of the counties in which the qualified active
12735  low-income businesses are located which received qualified low
12736  income community investments.
12737         (4) The number of jobs created and retained by qualified
12738  active low-income community businesses receiving qualified low
12739  income community investments, including verification that the
12740  average wages paid meet or exceed 115 percent of the federal
12741  poverty income guidelines for a family of four.
12742         (5) A description of the relationships that the entity has
12743  established with community-based organizations and local
12744  community development offices and organizations and a summary of
12745  the outcomes resulting from those relationships.
12746         (6) Other information and documentation required by Jobs
12747  Florida the office to verify continued certification as a
12748  qualified community development entity under 26 U.S.C. s. 45D.
12749         Section 197. Section 288.9919, Florida Statutes, is amended
12750  to read:
12751         288.9919 Audits and examinations; penalties.—
12752         (1) AUDITS.—A community development entity that issues an
12753  investment approved by Jobs Florida the office as a qualified
12754  investment shall be deemed a recipient of state financial
12755  assistance under s. 215.97, the Florida Single Audit Act.
12756  However, an entity that makes a qualified investment or receives
12757  a qualified low-income community investment is not a
12758  subrecipient for the purposes of s. 215.97.
12759         (2) EXAMINATIONS.—Jobs Florida the office may conduct
12760  examinations to verify compliance with the New Markets
12761  Development Program Act.
12762         Section 198. Section 288.9920, Florida Statutes, is amended
12763  to read:
12764         288.9920 Recapture and penalties.—
12765         (1) Notwithstanding s. 95.091, Jobs Florida the office
12766  shall direct the department, at any time before December 31,
12767  2022, to recapture all or a portion of a tax credit authorized
12768  pursuant to the New Markets Development Program Act if one or
12769  more of the following occur:
12770         (a) The Federal Government recaptures any portion of the
12771  federal new markets tax credit. The recapture by the department
12772  shall equal the recapture by the Federal Government.
12773         (b) The qualified community development entity redeems or
12774  makes a principal repayment on a qualified investment before the
12775  final allowance date. The recapture by the department shall
12776  equal the redemption or principal repayment divided by the
12777  purchase price and multiplied by the tax credit authorized to a
12778  taxpayer for the qualified investment.
12779         (c)1. The qualified community development entity fails to
12780  invest at least 85 percent of the purchase price in qualified
12781  low-income community investments within 12 months after the
12782  issuance of a qualified investment; or
12783         2. The qualified community development entity fails to
12784  maintain 85 percent of the purchase price in qualified low
12785  income community investments until the last credit allowance
12786  date for a qualified investment.
12787  
12788  For the purposes of this paragraph, an investment by a qualified
12789  community development entity includes principal recovered from
12790  an investment for 12 months after its recovery or principal
12791  recovered after the sixth credit allowance date. Principal held
12792  for longer than 12 months or recovered before the sixth credit
12793  allowance date is not an investment unless it is reinvested in a
12794  qualified low-income community investment.
12795         (d) The qualified community development entity fails to
12796  provide Jobs Florida the office with information, reports, or
12797  documentation required by the New Markets Development Program
12798  Act.
12799         (e) Jobs Florida The office determines that a taxpayer
12800  received tax credits to which the taxpayer was not entitled.
12801         (2) Jobs Florida The office shall provide notice to the
12802  qualified community development entity and the department of a
12803  proposed recapture of a tax credit. The entity shall have 6
12804  months following the receipt of the notice to cure a deficiency
12805  identified in the notice and avoid recapture. Jobs Florida the
12806  office shall issue a final order of recapture if the entity
12807  fails to cure a deficiency within the 6-month period. The final
12808  order of recapture shall be provided to the entity, the
12809  department, and a taxpayer otherwise authorized to claim the tax
12810  credit. Only one correction is permitted for each qualified
12811  equity investment during the 7-year credit period. Recaptured
12812  funds shall be deposited into the General Revenue Fund.
12813         (3) An entity that submits fraudulent information to Jobs
12814  Florida the office is liable for the costs associated with the
12815  investigation and prosecution of the fraudulent claim plus a
12816  penalty in an amount equal to double the tax credits claimed by
12817  investors in the entity’s qualified investments. This penalty is
12818  in addition to any other penalty that may be imposed by law.
12819         Section 199. Section 288.9921, Florida Statutes, is amended
12820  to read:
12821         288.9921 Rulemaking.—Jobs Florida the Office and the
12822  Department of Revenue may adopt rules pursuant to ss. 120.536(1)
12823  and 120.54 to administer ss. 288.991-288.9920.
12824         Section 200. Subsection (5) of section 290.004, Florida
12825  Statutes, is amended, and present subsections (6) and (7) of
12826  that subsection are renumbered as subsections (5) and (6),
12827  respectively, to read:
12828         290.004 Definitions relating to Florida Enterprise Zone
12829  Act.—As used in ss. 290.001-290.016:
12830         (5) “Office” means The Office of Tourism, Trade, and
12831  Economic Development.
12832         Section 201. Subsection (1) and paragraphs (a) and (b) of
12833  subsection (6) of section 290.0055, Florida Statutes, are
12834  amended to read:
12835         290.0055 Local nominating procedure.—
12836         (1) If, pursuant to s. 290.0065, an opportunity exists for
12837  designation of a new enterprise zone, any county or
12838  municipality, or a county and one or more municipalities
12839  together, may apply to Jobs Florida the office for the
12840  designation of an area as an enterprise zone after completion of
12841  the following:
12842         (a) The adoption by the governing body or bodies of a
12843  resolution which:
12844         1. Finds that an area exists in such county or
12845  municipality, or in both the county and one or more
12846  municipalities, which chronically exhibits extreme and
12847  unacceptable levels of poverty, unemployment, physical
12848  deterioration, and economic disinvestment;
12849         2. Determines that the rehabilitation, conservation, or
12850  redevelopment, or a combination thereof, of such area is
12851  necessary in the interest of the public health, safety, and
12852  welfare of the residents of such county or municipality, or such
12853  county and one or more municipalities; and
12854         3. Determines that the revitalization of such area can
12855  occur only if the private sector can be induced to invest its
12856  own resources in productive enterprises that build or rebuild
12857  the economic viability of the area.
12858         (b) The creation of an enterprise zone development agency
12859  pursuant to s. 290.0056.
12860         (c) The creation and adoption of a strategic plan pursuant
12861  to s. 290.0057.
12862         (6)(a) Jobs Florida The office may approve a change in the
12863  boundary of any enterprise zone which was designated pursuant to
12864  s. 290.0065. A boundary change must continue to satisfy the
12865  requirements of subsections (3), (4), and (5).
12866         (b) Upon a recommendation by the enterprise zone
12867  development agency, the governing body of the jurisdiction which
12868  authorized the application for an enterprise zone may apply to
12869  Jobs Florida the Office for a change in boundary once every 3
12870  years by adopting a resolution that:
12871         1. States with particularity the reasons for the change;
12872  and
12873         2. Describes specifically and, to the extent required by
12874  Jobs Florida the office, the boundary change to be made.
12875         Section 202. Subsections (11) and (12) of section 290.0056,
12876  Florida Statutes, are amended to read:
12877         290.0056 Enterprise zone development agency.—
12878         (11) Prior to December 1 of each year, the agency shall
12879  submit to Jobs Florida the Office of Tourism, Trade, and
12880  Economic Development a complete and detailed written report
12881  setting forth:
12882         (a) Its operations and accomplishments during the fiscal
12883  year.
12884         (b) The accomplishments and progress concerning the
12885  implementation of the strategic plan or measurable goals, and
12886  any updates to the strategic plan or measurable goals.
12887         (c) The number and type of businesses assisted by the
12888  agency during the fiscal year.
12889         (d) The number of jobs created within the enterprise zone
12890  during the fiscal year.
12891         (e) The usage and revenue impact of state and local
12892  incentives granted during the calendar year.
12893         (f) Any other information required by Jobs Florida the
12894  office.
12895         (12) In the event that the nominated area selected by the
12896  governing body is not designated a state enterprise zone, the
12897  governing body may dissolve the agency after receiving
12898  notification from Jobs Florida the office that the area was not
12899  designated as an enterprise zone.
12900         Section 203. Subsections (2) and (4), paragraph (a) of
12901  subsection (6), and subsection (7) of section 290.0065, Florida
12902  Statutes, are amended to read:
12903         290.0065 State designation of enterprise zones.—
12904         (2) If, pursuant to subsection (4), Jobs Florida the office
12905  does not redesignate an enterprise zone, a governing body of a
12906  county or municipality or the governing bodies of a county and
12907  one or more municipalities jointly, pursuant to s. 290.0055, may
12908  apply for designation of an enterprise zone to take the place of
12909  the enterprise zone not redesignated and request designation of
12910  an enterprise zone. Jobs Florida the Office, in consultation
12911  with Enterprise Florida, Inc., shall determine which areas
12912  nominated by such governing bodies meet the criteria outlined in
12913  s. 290.0055 and are the most appropriate for designation as
12914  state enterprise zones. Each application made pursuant to s.
12915  290.0055 shall be ranked competitively based on the pervasive
12916  poverty, unemployment, and general distress of the area; the
12917  strategic plan, including local fiscal and regulatory
12918  incentives, prepared pursuant to s. 290.0057; and the prospects
12919  for new investment and economic development in the area.
12920  Pervasive poverty, unemployment, and general distress shall be
12921  weighted 35 percent; strategic plan and local fiscal and
12922  regulatory incentives shall be weighted 40 percent; and
12923  prospects for new investment and economic development in the
12924  area shall be weighted 25 percent.
12925         (4)(a) Notwithstanding s. 290.0055, Jobs Florida the office
12926  may redesignate any state enterprise zone having an effective
12927  date on or before January 1, 2005, as a state enterprise zone
12928  upon completion and submittal to the office by the governing
12929  body for an enterprise zone of the following:
12930         1. An updated zone profile for the enterprise zone based on
12931  the most recent census data that complies with s. 290.0055,
12932  except that pervasive poverty criteria may be set aside for
12933  rural enterprise zones.
12934         2. A resolution passed by the governing body for that
12935  enterprise zone requesting redesignation and explaining the
12936  reasons the conditions of the zone merit redesignation.
12937         3. Measurable goals for the enterprise zone developed by
12938  the enterprise zone development agency, which may be the goals
12939  established in the enterprise zone’s strategic plan.
12940  
12941  The governing body may also submit a request for a boundary
12942  change in an enterprise zone in the same application to Jobs
12943  Florida the office as long as the new area complies with the
12944  requirements of s. 290.0055, except that pervasive poverty
12945  criteria may be set aside for rural enterprise zones.
12946         (b) Jobs Florida In consultation with Enterprise Florida,
12947  Inc., the office shall, based on the enterprise zone profile and
12948  the grounds for redesignation expressed in the resolution,
12949  determine whether the enterprise zone merits redesignation. Jobs
12950  Florida the office may also examine and consider the following:
12951         1. Progress made, if any, in the enterprise zone’s
12952  strategic plan.
12953         2. Use of enterprise zone incentives during the life of the
12954  enterprise zone.
12955  
12956  If Jobs Florida the office determines that the enterprise zone
12957  merits redesignation, Jobs Florida the office shall notify the
12958  governing body in writing of its approval of redesignation.
12959         (c) If the enterprise zone is redesignated, Jobs Florida
12960  the office shall determine if the measurable goals submitted are
12961  reasonable. If Jobs Florida the office determines that the goals
12962  are reasonable, it the office shall notify the governing body in
12963  writing that the goals have been approved.
12964         (d) If Jobs Florida the office denies redesignation of an
12965  enterprise zone, it the Office shall notify the governing body
12966  in writing of the denial. Any county or municipality having
12967  jurisdiction over an area denied redesignation as a state
12968  enterprise zone pursuant to this subsection may not apply for
12969  designation of that area for 1 year following the date of
12970  denial.
12971         (6)(a) Jobs Florida the office, in consultation with
12972  Enterprise Florida, Inc., may develop guidelines necessary for
12973  the approval of areas under this section by the director.
12974         (7) Upon approval by Jobs Florida the director of a
12975  resolution authorizing an area to be an enterprise zone pursuant
12976  to this section, Jobs Florida the office shall assign a unique
12977  identifying number to that resolution. Jobs Florida the office
12978  shall provide the Department of Revenue and Enterprise Florida,
12979  Inc., with a copy of each resolution approved, together with its
12980  identifying number.
12981         Section 204. Subsection (1) of section 290.0066, Florida
12982  Statutes, is amended to read:
12983         290.0066 Revocation of enterprise zone designation.—
12984         (1) Jobs Florida The director may revoke the designation of
12985  an enterprise zone if Jobs Florida the director determines that
12986  the governing body or bodies:
12987         (a) Have failed to make progress in achieving the
12988  benchmarks set forth in the strategic plan or measurable goals;
12989  or
12990         (b) Have not complied substantially with the strategic plan
12991  or measurable goals.
12992         Section 205. Section 290.00710, Florida Statutes, is
12993  amended to read:
12994         290.00710 Enterprise zone designation for the City of
12995  Lakeland.—The City of Lakeland may apply to Jobs Florida the
12996  Office of Tourism, Trade, and Economic Development for
12997  designation of one enterprise zone for an area within the City
12998  of Lakeland, which zone shall encompass an area up to 10 square
12999  miles. The application must be submitted by December 31, 2005,
13000  and must comply with the requirements of s. 290.0055.
13001  Notwithstanding s. 290.0065, limiting the total number of
13002  enterprise zones designated and the number of enterprise zones
13003  within a population category, Jobs Florida the Office of
13004  Tourism, Trade, and Economic Development may designate one
13005  enterprise zone under this section. Jobs Florida The Office of
13006  Tourism, Trade, and Economic Development shall establish the
13007  initial effective date of the enterprise zone designated
13008  pursuant to this section.
13009         Section 206. Section 290.0072, Florida Statutes, is amended
13010  to read:
13011         290.0072 Enterprise zone designation for the City of Winter
13012  Haven.—The City of Winter Haven may apply to Jobs Florida the
13013  Office of Tourism, Trade, and Economic Development for
13014  designation of one enterprise zone for an area within the City
13015  of Winter Haven, which zone shall encompass an area up to 5
13016  square miles. Notwithstanding s. 290.0065 limiting the total
13017  number of enterprise zones designated and the number of
13018  enterprise zones within a population category, Jobs Florida the
13019  Office of Tourism, Trade, and Economic Development may designate
13020  one enterprise zone under this section. Jobs Florida The Office
13021  of Tourism, Trade, and Economic Development shall establish the
13022  initial effective date of the enterprise zone designated
13023  pursuant to this section.
13024         Section 207. Section 290.00725, Florida Statutes, is
13025  amended to read:
13026         290.00725 Enterprise zone designation for the City of
13027  Ocala.—The City of Ocala may apply to Jobs Florida the Office of
13028  Tourism, Trade, and Economic Development for designation of one
13029  enterprise zone for an area within the western portion of the
13030  city, which zone shall encompass an area up to 5 square miles.
13031  The application must be submitted by December 31, 2009, and must
13032  comply with the requirements of s. 290.0055. Notwithstanding s.
13033  290.0065 limiting the total number of enterprise zones
13034  designated and the number of enterprise zones within a
13035  population category, Jobs Florida the Office of Tourism, Trade,
13036  and Economic Development may designate one enterprise zone under
13037  this section. Jobs Florida The Office of Tourism, Trade, and
13038  Economic Development shall establish the initial effective date
13039  of the enterprise zone designated under this section.
13040         Section 208. Section 290.0073, Florida Statutes, is amended
13041  to read:
13042         290.0073 Enterprise zone designation for Indian River
13043  County, the City of Vero Beach, and the City of Sebastian.
13044  Indian River County, the City of Vero Beach, and the City of
13045  Sebastian may jointly apply to Jobs Florida the Office of
13046  Tourism, Trade, and Economic Development for designation of one
13047  enterprise zone encompassing an area not to exceed 10 square
13048  miles. The application must be submitted by December 31, 2005,
13049  and must comply with the requirements of s. 290.0055.
13050  Notwithstanding the provisions of s. 290.0065 limiting the total
13051  number of enterprise zones designated and the number of
13052  enterprise zones within a population category, Jobs Florida the
13053  Office of Tourism, Trade, and Economic Development may designate
13054  one enterprise zone under this section. Jobs Florida The Office
13055  of Tourism, Trade, and Economic Development shall establish the
13056  initial effective date of the enterprise zone designated
13057  pursuant to this section.
13058         Section 209. Section 290.0074, Florida Statutes, is amended
13059  to read:
13060         290.0074 Enterprise zone designation for Sumter County.
13061  Sumter County may apply to Jobs Florida the Office of Tourism,
13062  Trade, and Economic Development for designation of one
13063  enterprise zone encompassing an area not to exceed 10 square
13064  miles. The application must be submitted by December 31, 2005.
13065  Notwithstanding the provisions of s. 290.0065 limiting the total
13066  number of enterprise zones designated and the number of
13067  enterprise zones within a population category, Jobs Florida the
13068  Office of Tourism, Trade, and Economic Development may designate
13069  one enterprise zone under this section. Jobs Florida The Office
13070  of Tourism, Trade and Economic Development shall establish the
13071  initial effective date of the enterprise zone designated
13072  pursuant to this section.
13073         Section 210. Section 290.0077, Florida Statutes, is amended
13074  to read:
13075         290.0077 Enterprise zone designation for Orange County and
13076  the municipality of Apopka.—Orange County and the municipality
13077  of Apopka may jointly apply to Jobs Florida the Office of
13078  Tourism, Trade, and Economic Development for designation of one
13079  enterprise zone. The application must be submitted by December
13080  31, 2005, and must comply with the requirements of s. 290.0055.
13081  Notwithstanding the provisions of s. 290.0065 limiting the total
13082  number of enterprise zones designated and the number of
13083  enterprise zones within a population category, Jobs Florida the
13084  Office of Tourism, Trade, and Economic Development may designate
13085  one enterprise zone under this section. Jobs Florida The Office
13086  of Tourism, Trade, and Economic Development shall establish the
13087  initial effective date of the enterprise zone designated
13088  pursuant to this section.
13089         Section 211. Section 290.014, Florida Statutes, is amended
13090  to read:
13091         290.014 Annual reports on enterprise zones.—
13092         (1) By February 1 of each year, the Department of Revenue
13093  shall submit an annual report to Jobs Florida the Office of
13094  Tourism, Trade, and Economic Development detailing the usage and
13095  revenue impact by county of the state incentives listed in s.
13096  290.007.
13097         (2) By March 1 of each year, Jobs Florida the office shall
13098  submit an annual report to the Governor, the Speaker of the
13099  House of Representatives, and the President of the Senate. The
13100  report shall include the information provided by the Department
13101  of Revenue pursuant to subsection (1) and the information
13102  provided by enterprise zone development agencies pursuant to s.
13103  290.0056. In addition, the report shall include an analysis of
13104  the activities and accomplishments of each enterprise zone.
13105         Section 212. Subsections (3), (5), (8), (9), (10), and (11)
13106  of section 311.09, Florida Statutes, are amended to read:
13107         311.09 Florida Seaport Transportation and Economic
13108  Development Council.—
13109         (3) The council shall prepare a 5-year Florida Seaport
13110  Mission Plan defining the goals and objectives of the council
13111  concerning the development of port facilities and an intermodal
13112  transportation system consistent with the goals of the Florida
13113  Transportation Plan developed pursuant to s. 339.155. The
13114  Florida Seaport Mission Plan shall include specific
13115  recommendations for the construction of transportation
13116  facilities connecting any port to another transportation mode
13117  and for the efficient, cost-effective development of
13118  transportation facilities or port facilities for the purpose of
13119  enhancing international trade, promoting cargo flow, increasing
13120  cruise passenger movements, increasing port revenues, and
13121  providing economic benefits to the state. The council shall
13122  update the 5-year Florida Seaport Mission Plan annually and
13123  shall submit the plan no later than February 1 of each year to
13124  the President of the Senate,; the Speaker of the House of
13125  Representatives,; Jobs Florida, and the Office of Tourism,
13126  Trade, and Economic Development; the Department of
13127  Transportation; and the Department of Community Affairs. The
13128  council shall develop programs, based on an examination of
13129  existing programs in Florida and other states, for the training
13130  of minorities and secondary school students in job skills
13131  associated with employment opportunities in the maritime
13132  industry, and report on progress and recommendations for further
13133  action to the President of the Senate and the Speaker of the
13134  House of Representatives annually.
13135         (5) The council shall review and approve or disapprove each
13136  project eligible to be funded pursuant to the Florida Seaport
13137  Transportation and Economic Development Program. The council
13138  shall annually submit to the Secretary of Transportation and;
13139  the commissioner of Jobs Florida, or his or her designee,
13140  director of the Office of Tourism, Trade, and Economic
13141  Development; and the Secretary of Community Affairs a list of
13142  projects which have been approved by the council. The list shall
13143  specify the recommended funding level for each project; and, if
13144  staged implementation of the project is appropriate, the funding
13145  requirements for each stage shall be specified.
13146         (8) Jobs Florida The Office of Tourism, Trade, and Economic
13147  Development, in consultation with Enterprise Florida, Inc.,
13148  shall review the list of projects approved by the council to
13149  evaluate the economic benefit of the project and to determine
13150  whether the project is consistent with the Florida Seaport
13151  Mission Plan. Jobs Florida The Office of Tourism, Trade, and
13152  Economic Development shall review the economic benefits of each
13153  project based upon the rules adopted pursuant to subsection (4).
13154  Jobs Florida The Office of Tourism, Trade, and Economic
13155  Development shall identify those projects which it has
13156  determined do not offer an economic benefit to the state or are
13157  not consistent with the Florida Seaport Mission Plan and shall
13158  notify the council of its findings.
13159         (9) The council shall review the findings of Jobs Florida
13160  the Department of Community Affairs; the Office of Tourism,
13161  Trade, and Economic Development; and the Department of
13162  Transportation. Projects found to be inconsistent pursuant to
13163  subsections (6), (7), and (8) and projects which have been
13164  determined not to offer an economic benefit to the state
13165  pursuant to subsection (8) shall not be included in the list of
13166  projects to be funded.
13167         (10) The Department of Transportation shall include in its
13168  annual legislative budget request a Florida Seaport
13169  Transportation and Economic Development grant program for
13170  expenditure of funds of not less than $8 million per year. Such
13171  budget shall include funding for projects approved by the
13172  council which have been determined by each agency to be
13173  consistent and which have been determined by Jobs Florida the
13174  Office of Tourism, Trade, and Economic Development to be
13175  economically beneficial. The department shall include the
13176  specific approved seaport projects to be funded under this
13177  section during the ensuing fiscal year in the tentative work
13178  program developed pursuant to s. 339.135(4). The total amount of
13179  funding to be allocated to seaport projects under s. 311.07
13180  during the successive 4 fiscal years shall also be included in
13181  the tentative work program developed pursuant to s. 339.135(4).
13182  The council may submit to the department a list of approved
13183  projects that could be made production-ready within the next 2
13184  years. The list shall be submitted by the department as part of
13185  the needs and project list prepared pursuant to s.
13186  339.135(2)(b). However, the department shall, upon written
13187  request of the Florida Seaport Transportation and Economic
13188  Development Council, submit work program amendments pursuant to
13189  s. 339.135(7) to the Governor within 10 days after the later of
13190  the date the request is received by the department or the
13191  effective date of the amendment, termination, or closure of the
13192  applicable funding agreement between the department and the
13193  affected seaport, as required to release the funds from the
13194  existing commitment. Notwithstanding s. 339.135(7)(c), any work
13195  program amendment to transfer prior year funds from one approved
13196  seaport project to another seaport project is subject to the
13197  procedures in s. 339.135(7)(d). Notwithstanding any provision of
13198  law to the contrary, the department may transfer unexpended
13199  budget between the seaport projects as identified in the
13200  approved work program amendments.
13201         (11) The council shall meet at the call of its chairperson,
13202  at the request of a majority of its membership, or at such times
13203  as may be prescribed in its bylaws. However, the council must
13204  meet at least semiannually. A majority of voting members of the
13205  council constitutes a quorum for the purpose of transacting the
13206  business of the council. All members of the council are voting
13207  members. A vote of the majority of the voting members present is
13208  sufficient for any action of the council, except that a member
13209  representing the Department of Transportation, the Department of
13210  Community Affairs, or Jobs Florida the Office of Tourism, Trade,
13211  and Economic Development may vote to overrule any action of the
13212  council approving a project pursuant to subsection (5). The
13213  bylaws of the council may require a greater vote for a
13214  particular action.
13215         Section 213. Section 311.11, Florida Statutes, is amended
13216  to read:
13217         311.11 Seaport Employment Training Grant Program.—
13218         (1) Jobs Florida The Office of Tourism, Trade, and Economic
13219  Development, in cooperation with the Florida Seaport
13220  Transportation and Economic Development Council, shall establish
13221  a Seaport Employment Training Grant Program within Jobs Florida
13222  the Office. Jobs Florida the office shall grant funds
13223  appropriated by the Legislature to the program for the purpose
13224  of stimulating and supporting seaport training and employment
13225  programs which will seek to match state and local training
13226  programs with identified job skills associated with employment
13227  opportunities in the port, maritime, and transportation
13228  industries, and for the purpose of providing such other
13229  training, educational, and information services as required to
13230  stimulate jobs in the described industries. Funds may be used
13231  for the purchase of equipment to be used for training purposes,
13232  hiring instructors, and any other purpose associated with the
13233  training program. The office’s contribution of Jobs Florida to
13234  any specific training program may not exceed 50 percent of the
13235  total cost of the program. Matching contributions may include
13236  services in kind, including, but not limited to, training
13237  instructors, equipment usage, and training facilities.
13238         (2) Jobs Florida The Office shall adopt criteria to
13239  implement this section.
13240         Section 214. Paragraphs (i) and (l) of subsection (1) of
13241  section 311.115, Florida Statutes, are amended to read:
13242         311.115 Seaport Security Standards Advisory Council.—The
13243  Seaport Security Standards Advisory Council is created under the
13244  Office of Drug Control. The council shall serve as an advisory
13245  council as provided in s. 20.03(7).
13246         (1) The members of the council shall be appointed by the
13247  Governor and consist of the following:
13248         (i) One representative of Jobs Florida member from the
13249  Office of Tourism, Trade, and Economic Development.
13250         (l) The Director of the Office Division of Emergency
13251  Management, or his or her designee.
13252         Section 215. Subsection (2) of section 311.22, Florida
13253  Statutes, is amended to read:
13254         311.22 Additional authorization for funding certain
13255  dredging projects.—
13256         (2) The council shall adopt rules for evaluating the
13257  projects that may be funded pursuant to this section. The rules
13258  must provide criteria for evaluating the economic benefit of the
13259  project. The rules must include the creation of an
13260  administrative review process by the council which is similar to
13261  the process described in s. 311.09(5)-(12), and provide for a
13262  review by the Department of Community Affairs, the Department of
13263  Transportation, and Jobs Florida the Office of Tourism, Trade,
13264  and Economic Development of all projects submitted for funding
13265  under this section.
13266         Section 216. Paragraph (a) of subsection (6), paragraph (b)
13267  of subsection (9), subsection (60), and paragraph (b) of
13268  subsection (65) of section 320.08058, Florida Statutes, are
13269  amended to read:
13270         320.08058 Specialty license plates.—
13271         (6) FLORIDA UNITED STATES OLYMPIC COMMITTEE LICENSE
13272  PLATES.—
13273         (a) Because the United States Olympic Committee has
13274  selected this state to participate in a combined fundraising
13275  program that provides for one-half of all money raised through
13276  volunteer giving to stay in this state and be administered by
13277  the Jobs Florida Partnership, Inc., direct-support organization
13278  established under s. 288.1229 to support amateur sports, and
13279  because the United States Olympic Committee and the Jobs Florida
13280  Partnership, Inc., direct-support organization are nonprofit
13281  organizations dedicated to providing athletes with support and
13282  training and preparing athletes of all ages and skill levels for
13283  sports competition, and because the Jobs Florida Partnership,
13284  Inc., direct-support organization assists in the bidding for
13285  sports competitions that provide significant impact to the
13286  economy of this state, and the Legislature supports the efforts
13287  of the United States Olympic Committee and the Jobs Florida
13288  Partnership, Inc. direct-support organization, the Legislature
13289  establishes a Florida United States Olympic Committee license
13290  plate for the purpose of providing a continuous funding source
13291  to support this worthwhile effort. Florida United States Olympic
13292  Committee license plates must contain the official United States
13293  Olympic Committee logo and must bear a design and colors that
13294  are approved by the department. The word “Florida” must be
13295  centered at the top of the plate.
13296         (9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.—
13297         (b) The license plate annual use fees are to be annually
13298  distributed as follows:
13299         1. Fifty-five percent of the proceeds from the Florida
13300  Professional Sports Team plate must be deposited into the
13301  Professional Sports Development Trust Fund within Jobs Florida
13302  the Office of Tourism, Trade, and Economic Development. These
13303  funds must be used solely to attract and support major sports
13304  events in this state. As used in this subparagraph, the term
13305  “major sports events” means, but is not limited to, championship
13306  or all-star contests of Major League Baseball, the National
13307  Basketball Association, the National Football League, the
13308  National Hockey League, the men’s and women’s National
13309  Collegiate Athletic Association Final Four basketball
13310  championship, or a horseracing or dogracing Breeders’ Cup. All
13311  funds must be used to support and promote major sporting events,
13312  and the uses must be approved by the Florida Sports Foundation.
13313         2. The remaining proceeds of the Florida Professional
13314  Sports Team license plate must be allocated to the Jobs Florida
13315  Partnership, Inc Florida Sports Foundation, a direct-support
13316  organization of the Office of Tourism, Trade, and Economic
13317  Development. These funds must be deposited into the Professional
13318  Sports Development Trust Fund within Jobs Florida the Office of
13319  Tourism, Trade, and Economic Development. These funds must be
13320  used by the Jobs Florida Partnership, Inc., Florida Sports
13321  Foundation to promote the economic development of the sports
13322  industry; to distribute licensing and royalty fees to
13323  participating professional sports teams; to promote education
13324  programs in Florida schools that provide an awareness of the
13325  benefits of physical activity and nutrition standards; to
13326  partner with the Department of Education and the Department of
13327  Health to develop a program that recognizes schools whose
13328  students demonstrate excellent physical fitness or fitness
13329  improvement; to institute a grant program for communities
13330  bidding on minor sporting events that create an economic impact
13331  for the state; to distribute funds to Florida-based charities
13332  designated by the Jobs Florida Partnership, Inc., Florida Sports
13333  Foundation and the participating professional sports teams; and
13334  to fulfill the sports promotion responsibilities of Jobs Florida
13335  the Office of Tourism, Trade, and Economic Development.
13336         3. The Jobs Florida Partnership, Inc., Florida Sports
13337  Foundation shall provide an annual financial audit in accordance
13338  with s. 215.981 of its financial accounts and records by an
13339  independent certified public accountant pursuant to the contract
13340  established by Jobs Florida the Office of Tourism, Trade, and
13341  Economic Development as specified in s. 288.1229(5). The auditor
13342  shall submit the audit report to Jobs Florida the Office of
13343  Tourism, Trade, and Economic Development for review and
13344  approval. If the audit report is approved, Jobs Florida the
13345  office shall certify the audit report to the Auditor General for
13346  review.
13347         4. Notwithstanding the provisions of subparagraphs 1. and
13348  2., proceeds from the Professional Sports Development Trust Fund
13349  may also be used for operational expenses of the Jobs Florida
13350  Partnership, Inc., Florida Sports Foundation and financial
13351  support of the Sunshine State Games.
13352         (60) FLORIDA NASCAR LICENSE PLATES.—
13353         (a) The department shall develop a Florida NASCAR license
13354  plate as provided in this section. Florida NASCAR license plates
13355  must bear the colors and design approved by the department. The
13356  word “Florida” must appear at the top of the plate, and the term
13357  “NASCAR” must appear at the bottom of the plate. The National
13358  Association for Stock Car Auto Racing, following consultation
13359  with the Jobs Florida Partnership, Inc. Florida Sports
13360  Foundation, may submit a sample plate for consideration by the
13361  department.
13362         (b) The license plate annual use fees shall be distributed
13363  to the Jobs Florida Partnership, Inc. Florida Sports Foundation,
13364  a direct-support organization of the Office of Tourism, Trade,
13365  and Economic Development. The license plate annual use fees
13366  shall be annually allocated as follows:
13367         1. Up to 5 percent of the proceeds from the annual use fees
13368  may be used by the Jobs Florida Partnership, Inc., Florida
13369  Sports Foundation for the administration of the NASCAR license
13370  plate program.
13371         2. The National Association for Stock Car Auto Racing shall
13372  receive up to $60,000 in proceeds from the annual use fees to be
13373  used to pay startup costs, including costs incurred in
13374  developing and issuing the plates. Thereafter, 10 percent of the
13375  proceeds from the annual use fees shall be provided to the
13376  association for the royalty rights for the use of its marks.
13377         3. The remaining proceeds from the annual use fees shall be
13378  distributed to the Jobs Florida Partnership, Inc Florida Sports
13379  Foundation. The Jobs Florida Partnership, Inc., Florida Sports
13380  Foundation will retain 15 percent to support its regional grant
13381  program, attracting sporting events to Florida; 20 percent to
13382  support the marketing of motorsports-related tourism in the
13383  state; and 50 percent to be paid to the NASCAR Foundation, a s.
13384  501(c)(3) charitable organization, to support Florida-based
13385  charitable organizations.
13386         (c) The Jobs Florida Partnership, Inc., Florida Sports
13387  Foundation shall provide an annual financial audit in accordance
13388  with s. 215.981 of its financial accounts and records by an
13389  independent certified public accountant pursuant to the contract
13390  established by Jobs Florida the Office of Tourism, Trade, and
13391  Economic Development as specified in s. 288.1229(5). The auditor
13392  shall submit the audit report to Jobs Florida the Office of
13393  Tourism, Trade, and Economic Development for review and
13394  approval. If the audit report is approved, Jobs Florida the
13395  office shall certify the audit report to the Auditor General for
13396  review.
13397         (65) FLORIDA TENNIS LICENSE PLATES.—
13398         (b) The department shall distribute the annual use fees to
13399  the Jobs Florida Partnership, Inc Florida Sports Foundation, a
13400  direct-support organization of the Office of Tourism, Trade, and
13401  Economic Development. The license plate annual use fees shall be
13402  annually allocated as follows:
13403         1. Up to 5 percent of the proceeds from the annual use fees
13404  may be used by the Jobs Florida Partnership, Inc., Florida
13405  Sports Foundation to administer the license plate program.
13406         2. The United States Tennis Association Florida Section
13407  Foundation shall receive the first $60,000 in proceeds from the
13408  annual use fees to reimburse it for startup costs,
13409  administrative costs, and other costs it incurs in the
13410  development and approval process.
13411         3. Up to 5 percent of the proceeds from the annual use fees
13412  may be used for promoting and marketing the license plates. The
13413  remaining proceeds shall be available for grants by the United
13414  States Tennis Association Florida Section Foundation to
13415  nonprofit organizations to operate youth tennis programs and
13416  adaptive tennis programs for special populations of all ages,
13417  and for building, renovating, and maintaining public tennis
13418  courts.
13419         Section 217. Section 331.302, Florida Statutes, is amended
13420  to read:
13421         331.302 Space Florida; creation; purpose.—
13422         (1) There is established, formed, and created Space
13423  Florida, which is created as an independent special district, a
13424  body politic and corporate, and a subdivision of the state, to
13425  foster the growth and development of a sustainable and world
13426  leading aerospace industry in this state. Space Florida shall
13427  promote aerospace business development by facilitating business
13428  financing, spaceport operations, research and development,
13429  workforce development, and innovative education programs. Space
13430  Florida has all the powers, rights, privileges, and authority as
13431  provided in this chapter under the laws of this state.
13432         (2) In carrying out its duties and responsibilities, Space
13433  Florida shall advise, coordinate, cooperate, and, when
13434  necessary, enter into memoranda of agreement with
13435  municipalities, counties, regional authorities, state agencies
13436  and organizations, appropriate federal agencies and
13437  organizations, and other interested persons and groups.
13438         (3) Space Florida shall be administratively housed within
13439  the Jobs Florida Partnership, Inc. Space Florida may not endorse
13440  any candidate for any elected public office or contribute money
13441  to the campaign of any candidate for public office.
13442         (4) Space Florida is not an agency as defined in ss.
13443  216.011 and 287.012.
13444         (5) Space Florida is subject to applicable provisions of
13445  chapter 189. To the extent that any provisions of chapter 189
13446  conflict with this act, this act shall prevail.
13447         (6)Space Florida may not endorse any candidate for any
13448  elected public office or contribute money to the campaign of any
13449  candidate for public office.
13450         Section 218. Section 331.3081, Florida Statutes, is amended
13451  to read:
13452         (Substantial rewording of section. See
13453         s. 331.3081, F.S., for present text.)
13454         331.3081Board of Directors; advisory board.—
13455         (1) Space Florida shall be governed by the 11-member board
13456  of directors of the Jobs Florida Partnership, Inc., created in
13457  s. 288.901(4).
13458         (2) Space Florida shall have a 15-member advisory council,
13459  appointed by the Governor from a list of nominations submitted
13460  by the board of directors. The advisory council shall be
13461  comprised of Florida residents with expertise in the space
13462  industry, and each of the following areas of expertise or
13463  experience must be represented by at least one advisory council
13464  member: human space-flight programs, commercial launches into
13465  space, organized labor with experience working in the aerospace
13466  industry, aerospace-related industries, a commercial company
13467  working under Federal Government contracts to conduct space
13468  related business, an aerospace company whose primary client is
13469  the United States Department of Defense, and an alternative
13470  energy enterprise with potential for aerospace applications. The
13471  advisory council shall elect a member to serve as the chair of
13472  the council.
13473         (3) The advisory council shall make recommendations to the
13474  partnership’s board of directors on the operation of Space
13475  Florida, including matters pertaining to ways to improve or
13476  enhance Florida’s efforts to expand its existing space and
13477  aerospace industry, to improve management and use of Florida’s
13478  state-owned real property assets related to space and aerospace,
13479  how best to retain and, if necessary, retrain Florida’s highly
13480  skilled space and aerospace workforce, and how to strengthen
13481  bonds between this state, NASA, the Department of Defense, and
13482  private space and aerospace industries.
13483         (4) The term for an advisory council member is 4 years. A
13484  member may not serve more than two consecutive terms. The
13485  Governor may remove any member for cause and shall fill all
13486  vacancies that occur.
13487         (5) Advisory council members shall serve without
13488  compensation, but may be reimbursed for all reasonable,
13489  necessary, and actual expenses, as determined by the
13490  partnership’s board of directors.
13491         Section 219. Subsections (2), (4), and (5) of section
13492  331.369, Florida Statutes, are amended to read:
13493         331.369 Space Industry Workforce Initiative.—
13494         (2) Workforce Florida The Workforce Development Board of
13495  Enterprise Florida, Inc., or its successor entity, shall
13496  coordinate development of a Space Industry Workforce Initiative
13497  in partnership with Space Florida, public and private
13498  universities, community colleges, and other training providers
13499  approved by the board. The purpose of the initiative is to use
13500  or revise existing programs and to develop innovative new
13501  programs to address the workforce needs of the aerospace
13502  industry.
13503         (4) Workforce Florida The Workforce Development Board of
13504  Enterprise Florida, Inc., or its successor entity, with the
13505  assistance of Space Florida, shall convene representatives from
13506  the aerospace industry to identify the priority training and
13507  education needs of the industry and to appoint a team to design
13508  programs to meet the priority needs.
13509         (5) Workforce Florida The Workforce Development Board of
13510  Enterprise Florida, Inc., or its successor entity, as part of
13511  its statutorily prescribed annual report to the Legislature,
13512  shall provide recommendations for policies, programs, and
13513  funding to enhance the workforce needs of the aerospace
13514  industry.
13515         Section 220. Paragraph (f) of subsection (1) of section
13516  339.08, Florida Statutes, is amended to read:
13517         339.08 Use of moneys in State Transportation Trust Fund.—
13518         (1) The department shall expend moneys in the State
13519  Transportation Trust Fund accruing to the department, in
13520  accordance with its annual budget. The use of such moneys shall
13521  be restricted to the following purposes:
13522         (f) To pay the cost of economic development transportation
13523  projects in accordance with s. 288.063.
13524         Section 221. Paragraph (f) of subsection (4) and paragraph
13525  (g) of subsection (7) of section 339.135, Florida Statutes, are
13526  amended to read:
13527         339.135 Work program; legislative budget request;
13528  definitions; preparation, adoption, execution, and amendment.—
13529         (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
13530         (f) The central office shall submit a preliminary copy of
13531  the tentative work program to the Executive Office of the
13532  Governor, the legislative appropriations committees, the Florida
13533  Transportation Commission, and Jobs Florida the Department of
13534  Community Affairs at least 14 days prior to the convening of the
13535  regular legislative session. Prior to the statewide public
13536  hearing required by paragraph (g), Jobs Florida the Department
13537  of Community Affairs shall transmit to the Florida
13538  Transportation Commission a list of those projects and project
13539  phases contained in the tentative work program which are
13540  identified as being inconsistent with approved local government
13541  comprehensive plans. For urbanized areas of metropolitan
13542  planning organizations, the list may not contain any project or
13543  project phase that is scheduled in a transportation improvement
13544  program unless such inconsistency has been previously reported
13545  to the affected metropolitan planning organization.
13546         (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
13547         (g) Notwithstanding the requirements in paragraphs (d) and
13548  (g) and ss. 216.177(2) and 216.351, the secretary may request
13549  the Executive Office of the Governor to amend the adopted work
13550  program when an emergency exists, as defined in s. 252.34(3),
13551  and the emergency relates to the repair or rehabilitation of any
13552  state transportation facility. The Executive Office of the
13553  Governor may approve the amendment to the adopted work program
13554  and amend that portion of the department’s approved budget if a
13555  in the event that the delay incident to the notification
13556  requirements in paragraph (d) would be detrimental to the
13557  interests of the state. However, the department shall
13558  immediately notify the parties specified in paragraph (d) and
13559  shall provide such parties written justification for the
13560  emergency action within 7 days after of the approval by the
13561  Executive Office of the Governor of the amendment to the adopted
13562  work program and the department’s budget. In no event may The
13563  adopted work program may not be amended under the provisions of
13564  this subsection without the certification by the comptroller of
13565  the department that there are sufficient funds available
13566  pursuant to the 36-month cash forecast and applicable statutes.
13567         Section 222. Subsection (2) of section 364.0135, Florida
13568  Statutes, is amended to read:
13569         364.0135 Promotion of broadband deployment.—
13570         (2) The Department of Management Services is authorized to
13571  work collaboratively with, and to receive staffing support and
13572  other resources from, the Jobs Florida Partnership Enterprise
13573  Florida, Inc., state agencies, local governments, private
13574  businesses, and community organizations to:
13575         (a) Conduct a needs assessment of broadband Internet
13576  service in collaboration with communications service providers,
13577  including, but not limited to, wireless and wireline Internet
13578  service providers, to develop geographical information system
13579  maps at the census tract level that will:
13580         1. Identify geographic gaps in broadband services,
13581  including areas unserved by any broadband provider and areas
13582  served by a single broadband provider;
13583         2. Identify the download and upload transmission speeds
13584  made available to businesses and individuals in the state, at
13585  the census tract level of detail, using data rate benchmarks for
13586  broadband service used by the Federal Communications Commission
13587  to reflect different speed tiers; and
13588         3. Provide a baseline assessment of statewide broadband
13589  deployment in terms of percentage of households with broadband
13590  availability.
13591         (b) Create a strategic plan that has goals and strategies
13592  for increasing the use of broadband Internet service in the
13593  state.
13594         (c) Build and facilitate local technology planning teams or
13595  partnerships with members representing cross-sections of the
13596  community, which may include, but are not limited to,
13597  representatives from the following organizations and industries:
13598  libraries, K-12 education, colleges and universities, local
13599  health care providers, private businesses, community
13600  organizations, economic development organizations, local
13601  governments, tourism, parks and recreation, and agriculture.
13602         (d) Encourage the use of broadband Internet service,
13603  especially in the rural, unserved, and underserved communities
13604  of the state through grant programs having effective strategies
13605  to facilitate the statewide deployment of broadband Internet
13606  service. For any grants to be awarded, priority must be given to
13607  projects that:
13608         1. Provide access to broadband education, awareness,
13609  training, access, equipment, and support to libraries, schools,
13610  colleges and universities, health care providers, and community
13611  support organizations.
13612         2. Encourage investments in primarily unserved areas to
13613  give consumers a choice of more than one broadband Internet
13614  service provider.
13615         3. Work toward establishing affordable and sustainable
13616  broadband Internet service in unserved areas of the state.
13617         4. Facilitate the development of applications, programs,
13618  and services, including, but not limited to, telework,
13619  telemedicine, and e-learning to increase the usage of, and
13620  demand for, broadband Internet service in the state.
13621         Section 223. Paragraph (h) of subsection (2) of section
13622  377.703, Florida Statutes, is amended to read:
13623         377.703 Additional functions of the Florida Energy and
13624  Climate Commission.—
13625         (2) FLORIDA ENERGY AND CLIMATE COMMISSION; DUTIES.—The
13626  commission shall perform th