SB 2156                                          First Engrossed
       
       
       
       
       
       
       
       
       20112156e1
       
    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         requirements that Workforce Florida, Inc., establish
  298         an electronic transfer benefit program; amending s.
  299         411.0102, F.S.; requiring each participating early
  300         learning coalition board to develop a plan for the use
  301         of child care purchasing pool funds; amending s.
  302         1002.73, F.S.; requiring the Department of Education
  303         to administer the operational requirements of the
  304         Voluntary Prekindergarten Education Program; requiring
  305         the Department of Education to adopt procedures
  306         governing the administration of the Voluntary
  307         Prekindergarten Education Program by the early
  308         learning coalitions and school districts; requiring
  309         the Department of Education to adopt procedures for
  310         the distribution of funds to early learning
  311         coalitions; amending ss. 11.45, 14.20195, 15.18,
  312         15.182, 16.615, 39.001, 45.031, 69.041, 112.3135,
  313         119.071, 120.80, 125.01045, 159.803, 159.8081,
  314         159.8083, 161.54, 163.03, 163.3178, 163.3221, 163.360,
  315         166.0446, 175.021, 186.504, 186.505, 202.037, 212.08,
  316         212.096, 212.097, 212.098, 212.20, 213.053, 215.5586,
  317         216.136, 216.292, 216.231, 218.64, 220.03, 220.183,
  318         220.191, 222.15, 250.06, 252.32, 252.34, 252.35,
  319         252.355, 252.3568, 252.36, 252.365, 252.37, 252.371,
  320         252.373, 252.38, 252.385, 252.40, 252.41, 252.42,
  321         252.43, 252.44, 252.46, 252.55, 252.60, 252.61,
  322         252.82, 252.83, 252.85, 252.86, 252.87, 252.88,
  323         252.936, 252.937, 252.943, 252.946, 255.099, 259.035,
  324         260.0142, 272.11, 282.34, 282.709, 287.09431,
  325         287.09451, 287.0947, 288.012, 288.017, 288.018,
  326         288.019, 288.021, 288.035, 288.047, 288.065, 288.0655,
  327         288.0656, 288.06561, 288.0657, 288.0658, 288.0659,
  328         288.075, 288.1045, 288.106, 288.107, 288.108,
  329         288.1083, 288.1088, 288.1089, 288.1095, 288.1162,
  330         288.11621, 288.1168, 288.1169, 288.1171, 288.122,
  331         288.12265, 288.124, 288.1251, 288.1252, 288.1253,
  332         288.1254, 288.386, 288.7011, 288.7015, 288.705,
  333         288.706, 288.7094, 288.7102, 288.714, 288.773,
  334         288.774, 288.776, 288.7771, 288.816, 288.809, 288.826,
  335         288.95155, 288.955, 288.9519, 288.9520, 288.9603,
  336         288.9604, 288.9605, 288.9606, 288.9614, 288.9624,
  337         288.9625, 288.975, 288.980, 288.984, 288.9913,
  338         288.9914, 288.9916, 288.9917, 288.9918, 288.9919,
  339         288.9920, 288.9921, 290.004, 290.0055, 290.0056,
  340         290.0065, 290.0066, 290.00710, 290.0072, 290.00725,
  341         290.0073, 290.0074, 290.0077, 290.014, 311.09, 311.11,
  342         311.115, 311.22, 320.08058, 331.302, 331.3081,
  343         331.369, 339.08, 339.135, 364.0135, 377.703, 377.711,
  344         377.712, 377.804, 380.031, 380.06, 380.115, 380.285,
  345         381.0054, 381.0086, 381.7354, 381.855, 383.14,
  346         402.281, 402.45, 402.56, 403.42, 403.7032, 403.973,
  347         409.017, 409.1451, 409.2576, 409.944, 409.946, 411.01,
  348         411.0101, 411.01013, 411.01014, 411.01015, 411.0103,
  349         411.0104, 411.0106, 411.011, 411.226, 411.227, 414.24,
  350         414.40, 414.295, 414.411, 420.631, 420.635, 429.907,
  351         440.12, 440.15, 440.381, 440.385, 440.49, 443.012,
  352         443.036, 443.041, 443.051, 443.071, 443.091, 443.101,
  353         443.1113, 443.1115, 443.1116, 443.1215, 443.1216,
  354         443.1217, 443.131, 443.1312, 443.1313, 443.1315,
  355         443.1316, 443.1317, 443.141, 443.151, 443.163,
  356         443.171, 443.1715, 443.181, 443.191, 443.211, 443.221,
  357         445.002, 445.003, 445.004, 445.006, 445.007, 445.009,
  358         445.016, 445.024, 445.0325, 445.038, 445.045, 445.048,
  359         445.049, 445.051, 445.056, 446.41, 446.44, 446.50,
  360         446.52, 448.109, 448.110, 450.161, 450.191, 450.31,
  361         464.203, 468.529, 469.002, 469.003, 489.1455,
  362         489.5335, 526.143, 526.144, 551.104, 553.62, 570.248,
  363         570.96, 597.006, 624.5105, 625.3255, 627.0628,
  364         657.042, 658.67, 768.13, 943.03, 943.03101, 943.0311,
  365         943.0312, 943.0313, 944.012, 944.708, 944.801, 945.10,
  366         985.601, 1002.375, 1002.53, 1002.55, 1002.61, 1002.63,
  367         1002.67, 1002.69, 1002.71, 1002.72, 1002.77, 1002.79,
  368         1003.491, 1003.492, 1003.493, 1003.575, 1003.4285,
  369         1003.493, 1004.226, 1004.65, 1004.77, 1004.78,
  370         1008.39, 1008.41, 1011.76, and 1012.2251, F.S.;
  371         conforming provisions to changes made by the act;
  372         conforming cross-references; deleting obsolete
  373         provisions; transferring, renumbering, and amending
  374         ss. 20.505 and 1004.99, F.S.; conforming provisions to
  375         changes made by the act; repealing s. 14.2015, F.S.,
  376         which relates to the creation of the Office of
  377         Tourism, Trade, and Economic Development; repealing s.
  378         20.18, F.S., which relates to the creation of the
  379         Department of Community Affairs; repealing s. 20.50,
  380         F.S., which relates to the creation of the Agency for
  381         Workforce Innovation; repealing ss. 255.551, 255.552,
  382         255.553, 255.5535, 255.555, 255.556, 255.557,
  383         255.5576, 255.558, 255.559, 255.56, 255.561, 255.562,
  384         and 255.563, F.S., which relates to the abatement of
  385         asbestos in state buildings; repealing s. 287.115,
  386         F.S., which relates to a requirement for the Chief
  387         Financial Officer to submit a report on contractual
  388         service contracts disallowed; repealing s. 288.038,
  389         F.S., which relates to agreements appointing county
  390         tax collectors as an agent of the Department of Labor
  391         and Employment Security for licenses and other similar
  392         registrations; repealing s. 288.063, F.S., which
  393         relates to contracts for transportation projects with
  394         the Office of Tourism, Trade, and Economic
  395         Development; repealing ss. 288.1221, 288.1222,
  396         288.1223, 288.1224, 288.1226, and 288.1227, F.S.,
  397         which relate to the Florida Commission on Tourism and
  398         the Florida Tourism Industry Marketing Corporation;
  399         repealing ss. 288.7065, 288.707, 288.708, 288.709,
  400         288.7091, and 288.712, F.S., which relate to the Black
  401         Business Investment Board; repealing s. 288.12295,
  402         F.S., which relates to a public records exemption for
  403         donors for a direct support organization on promotion
  404         and development of sports-related industries and
  405         amateur athletics; repealing s. 288.90151, F.S., which
  406         relates to return on investment from activities of
  407         Enterprise Florida, Inc.; repealing s. 288.9415, F.S.,
  408         which relates to Enterprise Florida, Inc., and
  409         international trade grants; repealing s. 288.9618,
  410         F.S., which relates to an economic development program
  411         for microenterprises; repealing s. 288.982, F.S.,
  412         which relates to a public records exemption for
  413         certain records relating to the United States
  414         Department of Defense Base Realignment and Closure
  415         2005 process; repealing s. 411.0105, F.S., which
  416         designates the Agency for Workforce Innovation as the
  417         lead agency to administer specified federal laws;
  418         amending s. 443.111, F.S.; providing that unemployment
  419         benefits are payable electronically, except that an
  420         individual being paid by paper warrant on a specified
  421         date may continue to be paid in that manner until the
  422         expiration of a claim for unemployment compensation;
  423         conforming provisions to changes made by the act;
  424         repealing s. 446.60, F.S., which relates to assistance
  425         for displaced local exchange telecommunications
  426         company workers; repealing s. 1002.75, F.S., relating
  427         to the powers and duties of the Agency for Workforce
  428         Innovation; providing an effective date.
  429  
  430  Be It Enacted by the Legislature of the State of Florida:
  431  
  432         Section 1. Type two transfers from the Agency for Workforce
  433  Innovation.—
  434         (1) All powers, duties, functions, records, offices,
  435  personnel, associated administrative support positions,
  436  property, pending issues, existing contracts, administrative
  437  authority, administrative rules, and unexpended balances of
  438  appropriations, allocations, and other funds relating to the
  439  following programs in the Agency for Workforce Innovation are
  440  transferred by a type two transfer, as defined in s. 20.06(2),
  441  Florida Statutes, as follows:
  442         (a) The Office of Early Learning Services, including all
  443  related policies and procedures, is transferred to the
  444  Department of Education.
  445         (b) The Office of Unemployment Compensation is transferred
  446  to Jobs Florida.
  447         (c)The Office of Workforce Services is transferred to Jobs
  448  Florida.
  449         (2) The following trust funds are transferred:
  450         (a) From the Agency for Workforce Innovation to the
  451  Department of Education, the Child Care and Development Block
  452  Grant Trust Fund.
  453         (b) From the Agency for Workforce Innovation to Jobs
  454  Florida:
  455         1. The Administrative Trust Fund.
  456         2. The Employment Security Administration Trust Fund.
  457         3. The Special Employment Security Administration Trust
  458  Fund.
  459         4. The Unemployment Compensation Benefit Trust Fund.
  460         5. The Unemployment Compensation Clearing Trust Fund.
  461         6. The Revolving Trust Fund.
  462         7. The Welfare Transition Trust Fund.
  463         8. The Displaced Homemaker Trust Fund.
  464         (3) Any binding contract or interagency agreement existing
  465  before July 1, 2011, between the Agency for Workforce
  466  Innovation, or an entity or agent of the agency, and any other
  467  agency, entity, or person shall continue as a binding contract
  468  or agreement for the remainder of the term of such contract or
  469  agreement on the successor department, agency, or entity
  470  responsible for the program, activity, or functions relative to
  471  the contract or agreement.
  472         (4) All powers, duties, functions, records, offices,
  473  personnel, property, pending issues, and existing contracts,
  474  administrative authority, administrative rules, and unexpended
  475  balances of appropriations, allocations, and other funds
  476  relating to the Agency for Workforce Innovation which are not
  477  specifically transferred by this section are transferred by a
  478  type two transfer, as defined in s. 20.06(2), Florida Statutes,
  479  to Jobs Florida.
  480         Section 2. Type two transfers from the Department of
  481  Community Affairs.—
  482         (1) All powers, duties, functions, records, offices,
  483  personnel, associated administrative support positions,
  484  property, pending issues, existing contracts, administrative
  485  authority, administrative rules, and unexpended balances of
  486  appropriations, allocations, and other funds relating to the
  487  following programs in the Department of Community Affairs are
  488  transferred by a type two transfer, as defined in s. 20.06(2),
  489  Florida Statutes, as follows:
  490         (a) The Florida Housing Finance Corporation is transferred
  491  to Jobs Florida.
  492         (b)The Division of Housing and Community Development is
  493  transferred to Jobs Florida.
  494         (c)The Division of Community Planning is transferred to
  495  Jobs Florida.
  496         (d) The Division of Emergency Management is transferred to
  497  the Executive Office of the Governor, and is renamed the Office
  498  of Emergency Management.
  499         (e) The Florida Building Commission is transferred to the
  500  Department of Business and Professional Regulation.
  501         (f) The responsibilities under the Florida Communities
  502  Trust, part III of chapter 380, Florida Statutes, are
  503  transferred to the Department of Environmental Protection.
  504         (g) The responsibilities under the Stan Mayfield Working
  505  Waterfronts program authorized in s. 380.5105, Florida Statutes,
  506  are transferred to the Department of Environmental Protection.
  507         (2) The following trust funds are transferred:
  508         (a) From the Department of Community Affairs to Jobs
  509  Florida:
  510         1. The Administrative Trust Fund.
  511         2. The State Housing Trust Fund.
  512         3. The Community Services Block Grant Trust Fund.
  513         4. The Local Government Housing Trust Fund.
  514         5. The Florida Small Cities Community Development Block
  515  Grant Trust Fund.
  516         6. The Federal Grants Trust Fund.
  517         7. The Grants and Donations Trust Fund.
  518         8. The Energy Consumption Trust Fund.
  519         9. The Low-Income Home Energy Assistance Trust Fund.
  520         (b) From the Department of Community Affairs to the
  521  Executive Office of the Governor:
  522         1. The Emergency Management Preparedness and Assistance
  523  Trust Fund.
  524         2. The Federal Emergency Management Programs Support Trust
  525  Fund.
  526         3. The U.S. Contributions Trust Fund.
  527         (c) From the Department of Community Affairs to the
  528  Department of Business and Professional Regulation, the
  529  Operating Trust Fund of the Florida Building Commission.
  530         (d) From the Department of Community Affairs to the
  531  Department of Environmental Protection:
  532         1. The Florida Forever Program Trust Fund.
  533         2. The Florida Communities Trust Fund.
  534         (3) Any binding contract or interagency agreement existing
  535  before July 1, 2011, between the Department of Community Affairs
  536  or Division of Emergency Management, or an entity or agent of
  537  the department or division, and any other agency, entity, or
  538  person shall continue as a binding contract or agreement for the
  539  remainder of the term of such contract or agreement on the
  540  successor department, agency, or entity responsible for the
  541  program, activity, or functions relative to the contract or
  542  agreement.
  543         (4) All powers, duties, functions, records, offices,
  544  personnel, property, pending issues, and existing contracts,
  545  administrative authority, administrative rules, and unexpended
  546  balances of appropriations, allocations, and other funds
  547  relating to the Department of Community Affairs which are not
  548  specifically transferred by this section are transferred by a
  549  type two transfer, as defined in s. 20.06(2), Florida Statutes,
  550  to Jobs Florida.
  551         Section 3. Type two transfers from Executive Office of the
  552  Governor.—
  553         (1) All powers, duties, functions, records, offices,
  554  personnel, associated administrative support positions,
  555  property, pending issues, existing contracts, administrative
  556  authority, administrative rules, and unexpended balances of
  557  appropriations, allocations, and other funds relating to the
  558  Office of Tourism, Trade, and Economic Development in the
  559  Executive Office of the Governor are transferred by a type two
  560  transfer, as defined in s. 20.06(2), Florida Statutes, to Jobs
  561  Florida.
  562         (2) The following trust funds are transferred from the
  563  Executive Office of the Governor to Jobs Florida:
  564         (a) The Economic Development Trust Fund.
  565         (b) The Economic Development Transportation Trust Fund.
  566         (c) The Tourism Promotional Trust Fund.
  567         (d) The Professional Sports Development Trust Fund.
  568         (e) The Florida International Trade and Promotion Trust
  569  Fund.
  570         (3) Any binding contract or interagency agreement existing
  571  before July 1, 2011, between the Office of Tourism, Trade, and
  572  Economic Development in the Executive Office of the Governor, or
  573  an entity or agent of the office, and any other agency, entity,
  574  or person shall continue as a binding contract or agreement for
  575  the remainder of the term of such contract or agreement on the
  576  successor department, agency, or entity responsible for the
  577  program, activity, or functions relative to the contract or
  578  agreement.
  579         (4) All powers, duties, functions, records, offices,
  580  personnel, property, pending issues, and existing contracts,
  581  administrative authority, administrative rules, and unexpended
  582  balances of appropriations, allocations, and other funds
  583  relating to the Office of Tourism, Trade, and Economic
  584  Development in the Executive Office of the Governor which are
  585  not specifically transferred by this section are transferred by
  586  a type two transfer, as defined in s. 20.06(2), Florida
  587  Statutes, to Jobs Florida.
  588         Section 4. (1) It is the intent of the Legislature that the
  589  changes made by this act be accomplished with minimal disruption
  590  of services provided to the public and with minimal disruption
  591  to employees of any organization. To that end, the Legislature
  592  directs all applicable units of state government to contribute
  593  to the successful implementation of this act, and the
  594  Legislature believes that a transition period between the
  595  effective date of this act and October 1, 2011, is appropriate
  596  and warranted.
  597         (2) The Agency for Workforce Innovation, the Department of
  598  Community Affairs, and the Office of Tourism, Trade, and
  599  Economic Development in the Executive Office of the Governor
  600  shall each coordinate the development and implementation of a
  601  transition plan that supports the implementation of this act.
  602  Any state agency identified by either the Agency for Workforce
  603  Innovation, the Department of Community Affairs, or the Office
  604  of Tourism, Trade, and Economic Development in the Executive
  605  Office of the Governor shall cooperate fully in developing and
  606  implementing the plan and shall dedicate the financial and staff
  607  resources that are necessary to implement the plan. The Agency
  608  for Workforce Innovation, the Department of Community Affairs,
  609  and the Office of Tourism, Trade, and Economic Development in
  610  the Executive Office of the Governor shall each designate a
  611  staff member to serve as the primary representative on matters
  612  related to implementing this act and the transition plans
  613  required under this section.
  614         (3) The Governor shall designate a staff member of the
  615  Office of Planning and Budgeting to serve as the Governor’s
  616  primary representative on matters related to implementing this
  617  act for the Agency for Workforce Innovation, the Department of
  618  Community Affairs, and the Office of Tourism, Trade, and
  619  Economic Development and the transition plans required under
  620  this section. Each representative shall report to the Governor,
  621  the President of the Senate, and the Speaker of the House of
  622  Representatives on the progress of implementing this act and the
  623  transition plans, including, but not limited to, any adverse
  624  impact or negative consequences on programs and services related
  625  to meeting any deadline imposed by this act, and any
  626  difficulties experienced by the Agency for Workforce Innovation,
  627  the Department of Community Affairs, or the Office of Tourism,
  628  Trade, and Economic Development in securing the full
  629  participation and cooperation of applicable state agencies. Each
  630  representative shall also coordinate the submission of any
  631  budget amendments, in accordance with chapter 216, Florida
  632  Statutes, which may be necessary to implement this act.
  633         (4) Notwithstanding ss. 216.292 and 216.351, Florida
  634  Statutes, upon approval by the Legislative Budget Commission,
  635  the Executive Office of the Governor may transfer funds and
  636  positions between agencies to implement this act.
  637         (5) Upon the recommendation and guidance of the primary
  638  representative of the Agency for Workforce Innovation, the
  639  Department of Community Affairs, or the Office of Tourism,
  640  Trade, and Economic Development, the Governor shall submit in a
  641  timely manner to the applicable federal departments or agencies
  642  any necessary amendments or supplemental information concerning
  643  plans that the state is required to submit to the Federal
  644  Government in connection with any federal or state program. The
  645  Governor shall seek any waivers from the requirements of Federal
  646  law or rules which may be necessary to administer the provisions
  647  of this act.
  648         (6) The transfer of any program, activity, duty, or
  649  function under this act includes the transfer of any records and
  650  unexpended balances of appropriations, allocations, or other
  651  funds related to such program, activity, duty, or function.
  652  Unless otherwise provided, the successor organization to any
  653  program, activity, duty, or function transferred under this act
  654  shall become the custodian of any property of the organization
  655  that was responsible for the program, activity, duty, or
  656  function immediately prior to the transfer.
  657         Section 5. (1) The nonprofit corporations established in
  658  ss. 288.901, 288.1229, 288.1226, and 288.707, Florida Statutes,
  659  are merged into, and the independent special district
  660  established in s. 331.302, Florida Statutes, is transferred to a
  661  new nonprofit corporation established by this act called the
  662  “Jobs Florida Partnership, Inc.”
  663         (2) Enterprise Florida, Inc., the Florida Sports Foundation
  664  Incorporated, the Florida Tourism Industry Marketing Corporation
  665  d/b/a VISIT Florida, and the Florida Black Business Investment
  666  Board, Inc., must enter into a plan to merge into the Jobs
  667  Florida Partnership, Inc. Such merger must be completed by
  668  December 31, 2011. The merger is subject to chapter 617, Florida
  669  Statutes, related to the merger of nonprofit corporations.
  670         (3) The independent special district of Space Florida, and
  671  all powers, duties, functions, records, offices, personnel,
  672  property, pending issues, existing contracts, administrative
  673  authority, administrative rules, and unexpended balances of
  674  appropriations, allocations, and other funds relating to it, are
  675  transferred to the Jobs Florida Partnership, Inc.
  676         (4) It is the intent of the Legislature that the changes
  677  made by this act be accomplished with minimal disruption of
  678  services provided to the public and with minimal disruption to
  679  employees of any organization. To that end, the Legislature
  680  directs that notwithstanding the changes made by this act,
  681  Enterprise Florida, Inc., the Florida Sports Foundation
  682  Incorporated, the Florida Tourism Industry Marketing Corporation
  683  d/b/a VISIT Florida, and the Florida Black Business Investment
  684  Board, Inc., may continue with such powers, duties, functions,
  685  records, offices, personnel, property, pending issues, and
  686  existing contracts as provided in Florida Statutes 2010 until
  687  December 31, 2011. The Legislature believes that a transition
  688  period between the effective date of this act and December 31,
  689  2011, is appropriate and warranted.
  690         (5) The Governor shall designate a staff member of the
  691  Office of Planning and Budgeting to serve as the Governor’s
  692  primary representative on matters related to implementing this
  693  act for the merger of Enterprise Florida, Inc., the Florida
  694  Sports Foundation Incorporated, the Florida Tourism Industry
  695  Marketing Corporation d/b/a VISIT Florida, and the Florida Black
  696  Business Investment Board, Inc., into, and the transfer of Space
  697  Florida to the Jobs Florida Partnership, Inc., and the
  698  transition plans required under this section. The representative
  699  shall report to the Governor, the President of the Senate, and
  700  the Speaker of the House of Representatives on the progress of
  701  implementing this act and the transition plans, including, but
  702  not limited to, any adverse impact or negative consequences on
  703  programs and services related to meeting any deadline imposed by
  704  this act, and any difficulties experienced by the entities. The
  705  representative shall also coordinate the submission of any
  706  budget amendments, pursuant to chapter 216, Florida Statutes,
  707  which may be necessary to implement this act.
  708         (6)Any funds held in trust which were donated to or earned
  709  by Enterprise Florida, Inc., the Florida Sports Foundation
  710  Incorporated, the Florida Tourism Industry Marketing Corporation
  711  d/b/a VISIT Florida, the Florida Black Business Investment
  712  Board, Inc., and Space Florida under a previous incarnation as a
  713  corporation under chapter 617, Florida Statutes, or as an
  714  independent special district shall be transferred to the Jobs
  715  Florida Partnership, Inc., to be used by the relevant division
  716  or Space Florida for the original purposes of the funds.
  717         (7) Upon the recommendation and guidance of Enterprise
  718  Florida, Inc., the Florida Sports Foundation Incorporated, the
  719  Florida Tourism Industry Marketing Corporation d/b/a VISIT
  720  Florida, the Florida Black Business Investment Board, Inc., or
  721  Space Florida, the Governor shall submit in a timely manner to
  722  the applicable Federal departments or agencies any necessary
  723  amendments or supplemental information concerning plans which
  724  the state or one of the entities is required to submit to the
  725  Federal Government in connection with any federal or state
  726  program. The Governor shall seek any waivers from the
  727  requirements of Federal law or rules which may be necessary to
  728  administer the provisions of this act.
  729         (8) The transfer of any program, activity, duty, or
  730  function under this act includes the transfer of any records and
  731  unexpended balances of appropriations, allocations, or other
  732  funds related to such program, activity, duty, or function.
  733  Unless otherwise provided, the Jobs Florida Partnership, Inc.,
  734  shall become the custodian of any property of Enterprise
  735  Florida, Inc., the Florida Sports Foundation Incorporated, the
  736  Florida Tourism Industry Marketing Corporation d/b/a VISIT
  737  Florida, the Florida Black Business Investment Board, Inc., or
  738  Space Florida by December 31, 2011, by plan of merger.
  739         (9)The Department of Management Services may establish a
  740  lease agreement program under which the Jobs Florida
  741  Partnership, Inc., may hire any individual who was employed by
  742  Enterprise Florida, Inc., or the Florida Black Business
  743  Investment Board, Inc., under a previous lease agreement under
  744  s. 288.901(2) or s. 288.708(2), Florida Statutes 2010. Under
  745  such agreement, the employee shall retain his or her status as a
  746  state employee but shall work under the direct supervision of
  747  the Jobs Florida Partnership, Inc. Retention of state employee
  748  status shall include the right to participate in the Florida
  749  Retirement System and shall continue until the employee
  750  voluntarily or involuntarily terminates his or her status with
  751  the Jobs Florida Partnership, Inc. The Department of Management
  752  Services shall establish the terms and conditions of such lease
  753  agreements.
  754         Section 6. The Legislature recognizes that there is a need
  755  to conform the Florida Statutes to the policy decisions
  756  reflected in this act and that there is a need to resolve
  757  apparent conflicts between any other legislation that has been
  758  or may be enacted during the 2011 Regular Session of the
  759  Legislature and the transfer of duties made by this act.
  760  Therefore, in the interim between this act becoming law and the
  761  2012 Regular Session of the Legislature or an earlier special
  762  session addressing this issue, the Division of Statutory
  763  Revision shall prepare draft legislation to conform the Florida
  764  Statutes and any legislation enacted during 2011 to the
  765  provisions of this act.
  766         Section 7. Section 14.2016, Florida Statutes, is created to
  767  read:
  768         14.2016Office of Emergency Management.—The Office of
  769  Emergency Management is established within the Executive Office
  770  of the Governor. The office shall be a separate budget entity,
  771  as provided in the General Appropriations Act and shall prepare
  772  and submit a budget request in accordance with chapter 216. The
  773  office shall be responsible for all professional, technical, and
  774  administrative support functions necessary to carry out its
  775  responsibilities under part I of chapter 252. The director of
  776  the office shall be appointed by and serve at the pleasure of
  777  the Governor, and shall be the head of the office for all
  778  purposes. The office shall administer programs to rapidly apply
  779  all available aid to communities stricken by an emergency as
  780  defined in s. 252.34 and, for this purpose, shall provide
  781  liaison with federal agencies and other public and private
  782  agencies.
  783         Section 8. Paragraph (h) is added to subsection (3) and
  784  subsection (9) is added to section 20.15, Florida Statutes, to
  785  read:
  786         20.15 Department of Education.—There is created a
  787  Department of Education.
  788         (3) DIVISIONS.—The following divisions of the Department of
  789  Education are established:
  790         (h) The Division of Early Learning, which shall administer
  791  the school readiness system in accordance with s. 411.01 and the
  792  operational requirements of the Voluntary Prekindergarten
  793  Education Program in accordance with part V of chapter 1002. The
  794  division shall be directed by the Deputy Commissioner for Early
  795  Learning, who shall be appointed by and serve at the pleasure of
  796  the commissioner.
  797         (9) The department may provide or contract for training for
  798  employees of administrative entities and case managers of any
  799  contracted providers to ensure they have the necessary
  800  competencies and skills to provide adequate administrative
  801  oversight and delivery of the full array of client services.
  802         Section 9. Section 20.60, Florida Statutes, is created to
  803  read:
  804         20.60 Jobs Florida; creation; powers and duties.—
  805         (1) There is created a department that, notwithstanding the
  806  provisions of s. 20.04(1), shall be called Jobs Florida.
  807         (2) The head of Jobs Florida is the commissioner of Jobs
  808  Florida, who shall be appointed by the Governor, subject to
  809  confirmation by the Senate. The commissioner shall serve at the
  810  pleasure of and report to the Governor.
  811         (3) The following divisions of Jobs Florida are
  812  established:
  813         (a) The Division of Strategic Business Development.
  814         (b) The Division of Community Development.
  815         (c) The Division of Workforce Services.
  816         (d) The Division of Finance and Administration.
  817         (4) The purpose of Jobs Florida is to assist the Governor
  818  in working with the Legislature, state agencies, business
  819  leaders, and economic development professionals to formulate and
  820  implement coherent and consistent policies and strategies
  821  designed to promote economic opportunities for all Floridians.
  822  To accomplish such purposes, Jobs Florida shall:
  823         (a) Facilitate the direct involvement of the Governor and
  824  the Lieutenant Governor in economic development and workforce
  825  development projects designed to create, expand, and retain
  826  businesses in this state, to recruit business from around the
  827  world, and to facilitate other job-creating efforts.
  828         (b) Recruit new businesses to this state and promote the
  829  expansion of existing businesses by expediting permitting and
  830  location decisions, worker placement and training, and incentive
  831  awards.
  832         (c) Ensure that, to the maximum extent possible, there is a
  833  link between the economic development and workforce development
  834  goals and strategies of the state.
  835         (d) Manage the activities of public-private partnerships
  836  and state agencies in order to avoid duplication and promote
  837  coordinated and consistent implementation of programs in areas
  838  including, but not limited to, tourism; international trade and
  839  investment; business recruitment, creation, retention, and
  840  expansion; minority and small business development; rural
  841  community development; commercialization of products, services,
  842  or ideas developed in public universities or other public
  843  institutions; and the development and promotion of professional
  844  and amateur sporting events.
  845         (5) The divisions within Jobs Florida have specific
  846  responsibilities to achieve the duties, responsibilities, and
  847  goals of Jobs Florida. Specifically:
  848         (a) The Division of Strategic Business Development shall:
  849         1. Analyze and evaluate business prospects identified by
  850  the Governor, the commissioner of Jobs Florida, and the Jobs
  851  Florida Partnership, Inc. The analysis must include, but is not
  852  limited to, a review and processing of a prospect business’s
  853  application for incentives and a calculation of its economic
  854  benefit to the state. The evaluation shall be based, at a
  855  minimum, on the information obtained from the prospect business,
  856  the economic benefit calculation, and the business’s eligibility
  857  for state incentives.
  858         2. Administer certain tax refund, tax credit, and grant
  859  programs created in law. Notwithstanding any other provision of
  860  law, Jobs Florida may expend interest earned from the investment
  861  of program funds deposited in the Grants and Donations Trust
  862  Fund to contract for the administration of those programs, or
  863  portions of the programs, assigned to Jobs Florida by law, by
  864  the appropriations process, or by the Governor. Such
  865  expenditures shall be subject to review under chapter 216.
  866         3. Develop measurement protocols for the state incentive
  867  programs and for the contracted entities which will be used to
  868  determine their performance and competitive value to the state.
  869  Performance measures, benchmarks, and sanctions must be
  870  developed in consultation with the legislative appropriations
  871  committees and the appropriate substantive committees, and are
  872  subject to the review and approval process provided in s.
  873  216.177. The approved performance measures, standards, and
  874  sanctions shall be included and made a part of the strategic
  875  plan for contracts entered into for delivery of programs
  876  authorized by this section.
  877         4. Assist the Jobs Florida Partnership, Inc., in preparing
  878  an annual report to the Legislature on the state of the business
  879  climate in Florida and on the state of economic development in
  880  Florida which includes the identification of problems and the
  881  recommendation of solutions. This report shall be submitted to
  882  the President of the Senate, the Speaker of the House of
  883  Representatives, the Senate Minority Leader, and the House
  884  Minority Leader by January 1 of each year, and shall be in
  885  addition to the Governor’s message to the Legislature required
  886  by the State Constitution and any other economic reports
  887  required by law, including the annual incentives report prepared
  888  by the Jobs Florida Partnership, Inc.
  889         5. Develop a 5-year statewide strategic plan. The strategic
  890  plan must include, but need not be limited to:
  891         a. Strategies for the promotion of business formation,
  892  expansion, recruitment, and retention through aggressive
  893  marketing, international development, and export assistance,
  894  which lead to more and better jobs and higher wages for all
  895  geographic regions, disadvantaged communities, and populations
  896  of the state, including rural areas, minority businesses, and
  897  urban core areas.
  898         b. The development of realistic policies and programs to
  899  further the economic diversity of the state, its regions, and
  900  their associated industrial clusters.
  901         c. Specific provisions for the stimulation of economic
  902  development and job creation in rural areas and midsize cities
  903  and counties of the state.
  904         d. Provisions for the promotion of the successful long-term
  905  economic development of the state with increased emphasis in
  906  market research and information.
  907         e. Plans for the generation of foreign investment in the
  908  state which creates jobs paying above-average wages and which
  909  results in reverse investment in the state, including programs
  910  that establish viable overseas markets, assist in meeting the
  911  financing requirements of export-ready firms, broaden
  912  opportunities for international joint venture relationships, use
  913  the resources of academic and other institutions, coordinate
  914  trade assistance and facilitation services, and facilitate
  915  availability of and access to education and training programs
  916  that assure requisite skills and competencies necessary to
  917  compete successfully in the global marketplace.
  918         f. The identification of business sectors that are of
  919  current or future importance to the state’s economy and to the
  920  state’s global business image, and development of specific
  921  strategies to promote the development of such sectors.
  922         g. Strategies for talent development necessary in the state
  923  to encourage economic development growth, taking into account
  924  factors such as the state’s talent supply chain, education and
  925  training opportunities, and available workforce.
  926         6. Update the strategic plan every 5 years. The division
  927  shall involve local governments; the general public; local and
  928  regional economic development organizations; other local, state,
  929  and federal economic, international, and workforce development
  930  entities; the business community; and educational institutions
  931  to assist with each update.
  932         (b)The Division of Community Development shall administer:
  933         1. The Community Services Block Grant Program.
  934         2. The Community Development Block Grant Program in chapter
  935  290.
  936         3. The Low-Income Home Energy Assistance Program in chapter
  937  409.
  938         4. The Weatherization Assistance Program in chapter 409.
  939         5.The Neighborhood Stabilization Program.
  940         6. The local comprehensive planning process and the
  941  development of regional impact process.
  942         7. The Front Porch Florida Initiative through the Office of
  943  Urban Opportunity, which is created within the division. The
  944  purpose of the office is to administer the Front Porch Florida
  945  initiative, a comprehensive, community-based urban core
  946  redevelopment program that enables urban core residents to craft
  947  solutions to the unique challenges of each designated community.
  948         8. Any other related programs.
  949         (c) The Division of Workforce Services shall:
  950         1. Prepare and submit a unified budget request for
  951  workforce in accordance with chapter 216 for, and in conjunction
  952  with, Workforce Florida, Inc., and its board.
  953         2. Ensure that the state appropriately administers federal
  954  and state workforce funding by administering plans and policies
  955  of Workforce Florida, Inc., under contract with Workforce
  956  Florida, Inc. The operating budget and midyear amendments
  957  thereto must be part of such contract.
  958         a. All program and fiscal instructions to regional
  959  workforce boards shall emanate from Jobs Florida pursuant to
  960  plans and policies of Workforce Florida, Inc., which shall be
  961  responsible for all policy directions to the regional workforce
  962  boards.
  963         b. Unless otherwise provided by agreement with Workforce
  964  Florida, Inc., administrative and personnel policies of Jobs
  965  Florida shall apply.
  966         3. Implement the state’s unemployment compensation program.
  967  Jobs Florida shall ensure that the state appropriately
  968  administers the unemployment compensation program pursuant to
  969  state and federal law.
  970         (6)(a)Jobs Florida is the administrative agency designated
  971  for receipt of federal workforce development grants and other
  972  federal funds. Jobs Florida shall administer the duties and
  973  responsibilities assigned by the Governor under each federal
  974  grant assigned to Jobs Florida. Jobs Florida shall expend each
  975  revenue source as provided by federal and state law and as
  976  provided in plans developed by and agreements with Workforce
  977  Florida, Inc. Jobs Florida may serve as the contract
  978  administrator for contracts entered into by Workforce Florida,
  979  Inc., pursuant to s. 445.004(5), as directed by Workforce
  980  Florida, Inc.
  981         (b) Jobs Florida shall serve as the designated agency for
  982  purposes of each federal workforce development grant assigned to
  983  it for administration. Jobs Florida shall carry out the duties
  984  assigned to it by the Governor, under the terms and conditions
  985  of each grant. Jobs Florida shall have the level of authority
  986  and autonomy necessary to be the designated recipient of each
  987  federal grant assigned to it, and shall disburse such grants
  988  pursuant to the plans and policies of Workforce Florida, Inc.
  989  The commissioner may, upon delegation from the Governor and
  990  pursuant to agreement with Workforce Florida, Inc., sign
  991  contracts, grants, and other instruments as necessary to execute
  992  functions assigned to Jobs Florida. Notwithstanding other
  993  provision of law, Jobs Florida shall administer other programs
  994  funded by federal or state appropriations, as determined by the
  995  Legislature in the General Appropriations Act or by law.
  996         (7) Jobs Florida may provide or contract for training for
  997  employees of administrative entities and case managers of any
  998  contracted providers to ensure they have the necessary
  999  competencies and skills to provide adequate administrative
 1000  oversight and delivery of the full array of client services.
 1001         (8) The Unemployment Appeals Commission, authorized by s.
 1002  443.012, is not subject to control, supervision, or direction by
 1003  Jobs Florida in the performance of its powers and duties but
 1004  shall receive any and all support and assistance from Jobs
 1005  Florida which is required for the performance of its duties.
 1006         (9)(a) The commissioner of Jobs Florida shall:
 1007         1. Manage all activities and responsibilities of the
 1008  department.
 1009         2. Serve as the Governor’s chief negotiator for business
 1010  recruitment and business expansion.
 1011         3. Serve as the manager for the state with respect to
 1012  contracts with the Jobs Florida Partnership, Inc., the Institute
 1013  for the Commercialization of Public Research, and all applicable
 1014  direct-support organizations. To accomplish the provisions of
 1015  this section and applicable provisions of chapter 288, and
 1016  notwithstanding the provisions of part I of chapter 287, the
 1017  commissioner shall enter into specific contracts with the Jobs
 1018  Florida Partnership, Inc., the Institute for the
 1019  Commercialization of Public Research, and other appropriate
 1020  direct-support organizations. Such contracts may be for
 1021  multiyear terms and shall include specific performance measures
 1022  for each year.
 1023         4. Serve as the state protocol officer. In consultation
 1024  with the Governor and other governmental officials, the
 1025  commissioner shall develop, maintain, publish, and distribute
 1026  the state protocol manual.
 1027         (b) Notwithstanding any other law, resolution, or rule to
 1028  the contrary, the commissioner may not receive more in public
 1029  remuneration annually than $130,000, pursuant to the General
 1030  Appropriations Act.
 1031         (10) The Chief Inspector General in the Executive Office of
 1032  the Governor:
 1033         (a) Shall advise public-private partnerships in their
 1034  development, utilization, and improvement of internal control
 1035  measures necessary to ensure fiscal accountability.
 1036         (b) May conduct, direct, and supervise audits relating to
 1037  the programs and operations of public-private partnerships.
 1038         (c) Shall receive and investigate complaints of fraud,
 1039  abuses, and deficiencies relating to programs and operations of
 1040  public-private partnerships.
 1041         (d) May request and have access to any records, data, and
 1042  other information in the possession of public-private
 1043  partnerships which the Chief Inspector General deems necessary
 1044  to carry out his or her responsibilities with respect to
 1045  accountability.
 1046         (e) Shall monitor public-private partnerships for
 1047  compliance with the terms and conditions of contracts with the
 1048  department and report noncompliance to the Governor.
 1049         (f) Shall advise public-private partnerships in the
 1050  development, utilization, and improvement of performance
 1051  measures for the evaluation of their operations.
 1052         (g) Shall review and make recommendations for improvements
 1053  in the actions taken by public-private partnerships to meet
 1054  performance standards.
 1055         (11) Jobs Florida shall have an official seal by which its
 1056  records, orders, and proceedings are authenticated. The seal
 1057  shall be judicially noticed.
 1058         (12) Jobs Florida shall administer the role of state
 1059  government under part I of chapter 421, relating to public
 1060  housing, chapter 422, relating to housing cooperation law, and
 1061  chapter 423, tax exemption of housing authorities. Jobs Florida
 1062  is the agency of state government responsible for the state’s
 1063  role in housing and urban development.
 1064         (13) Jobs Florida may adopt rules to administer the
 1065  provisions of law conferring duties upon it.
 1066         Section 10. Paragraph (d) of subsection (2) and subsection
 1067  (5) of section 112.044, Florida Statutes, are amended to read:
 1068         112.044 Public employers, employment agencies, labor
 1069  organizations; discrimination based on age prohibited;
 1070  exceptions; remedy.—
 1071         (2) DEFINITIONS.—For the purpose of this act:
 1072         (d) “Department” means the Department of Labor and
 1073  Employment Security.
 1074         (5) NOTICE TO BE POSTED.—Each employer, employment agency,
 1075  and labor organization shall post and keep posted in conspicuous
 1076  places upon its premises notices a notice to be prepared or
 1077  approved by the department setting forth such information as
 1078  required by the United States Department of Labor and the United
 1079  States Equal Employment Opportunity Commission department deems
 1080  appropriate to effectuate the purposes of this act.
 1081         Section 11. Subsections (20) and (31) of section 163.3164,
 1082  Florida Statutes, are amended to read:
 1083         163.3164 Local Government Comprehensive Planning and Land
 1084  Development Regulation Act; definitions.—As used in this act:
 1085         (20) “State land planning agency” means Jobs Florida the
 1086  Department of Community Affairs.
 1087         (31) “Optional Sector plan” means the an optional process
 1088  authorized by s. 163.3245 in which one or more local governments
 1089  engage in long-term planning for a large area and by agreement
 1090  with the state land planning agency are allowed to address
 1091  regional development-of-regional-impact issues through adoption
 1092  of detailed specific area plans within the planning area within
 1093  certain designated geographic areas identified in the local
 1094  comprehensive plan as a means of fostering innovative planning
 1095  and development strategies in s. 163.3177(11)(a) and (b),
 1096  furthering the purposes of this part and part I of chapter 380,
 1097  reducing overlapping data and analysis requirements, protecting
 1098  regionally significant resources and facilities, and addressing
 1099  extrajurisdictional impacts. The term includes an optional
 1100  sector plan that was adopted pursuant to the Optional Sector
 1101  Plan program.
 1102         Section 12. Paragraph (d) of subsection (15) of section
 1103  163.3177, Florida Statutes, is amended to read:
 1104         163.3177 Required and optional elements of comprehensive
 1105  plan; studies and surveys.—
 1106         (15)
 1107         (d) This subsection does not apply to a an optional sector
 1108  plan adopted pursuant to s. 163.3245, a rural land stewardship
 1109  area designated pursuant to subsection (11), or any
 1110  comprehensive plan amendment that includes an inland port
 1111  terminal or affiliated port development.
 1112         Section 13. Paragraph (a) of subsection (12) of section
 1113  163.3180, Florida Statutes, is amended to read:
 1114         163.3180 Concurrency.—
 1115         (12)(a) A development of regional impact may satisfy the
 1116  transportation concurrency requirements of the local
 1117  comprehensive plan, the local government’s concurrency
 1118  management system, and s. 380.06 by payment of a proportionate
 1119  share contribution for local and regionally significant traffic
 1120  impacts, if:
 1121         1. The development of regional impact which, based on its
 1122  location or mix of land uses, is designed to encourage
 1123  pedestrian or other nonautomotive modes of transportation;
 1124         2. The proportionate-share contribution for local and
 1125  regionally significant traffic impacts is sufficient to pay for
 1126  one or more required mobility improvements that will benefit a
 1127  regionally significant transportation facility;
 1128         3. The owner and developer of the development of regional
 1129  impact pays or assures payment of the proportionate-share
 1130  contribution; and
 1131         4. If the regionally significant transportation facility to
 1132  be constructed or improved is under the maintenance authority of
 1133  a governmental entity, as defined by s. 334.03(12), other than
 1134  the local government with jurisdiction over the development of
 1135  regional impact, the developer is required to enter into a
 1136  binding and legally enforceable commitment to transfer funds to
 1137  the governmental entity having maintenance authority or to
 1138  otherwise assure construction or improvement of the facility.
 1139  
 1140  The proportionate-share contribution may be applied to any
 1141  transportation facility to satisfy the provisions of this
 1142  subsection and the local comprehensive plan, but, for the
 1143  purposes of this subsection, the amount of the proportionate
 1144  share contribution shall be calculated based upon the cumulative
 1145  number of trips from the proposed development expected to reach
 1146  roadways during the peak hour from the complete buildout of a
 1147  stage or phase being approved, divided by the change in the peak
 1148  hour maximum service volume of roadways resulting from
 1149  construction of an improvement necessary to maintain the adopted
 1150  level of service, multiplied by the construction cost, at the
 1151  time of developer payment, of the improvement necessary to
 1152  maintain the adopted level of service. For purposes of this
 1153  subsection, “construction cost” includes all associated costs of
 1154  the improvement. Proportionate-share mitigation shall be limited
 1155  to ensure that a development of regional impact meeting the
 1156  requirements of this subsection mitigates its impact on the
 1157  transportation system but is not responsible for the additional
 1158  cost of reducing or eliminating backlogs. This subsection also
 1159  applies to Florida Quality Developments pursuant to s. 380.061
 1160  and to detailed specific area plans implementing optional sector
 1161  plans pursuant to s. 163.3245.
 1162         Section 14. Subsections (2), (4), and (11) of section
 1163  163.3184, Florida Statutes, are amended to read:
 1164         163.3184 Process for adoption of comprehensive plan or plan
 1165  amendment.—
 1166         (2) COORDINATION.—Each comprehensive plan or plan amendment
 1167  proposed to be adopted pursuant to this part, except amendments
 1168  adopted pursuant to s. 163.32465 or s. 163.3187(1)(c) and (3),
 1169  shall be transmitted, adopted, and reviewed in the manner
 1170  prescribed in this section. The state land planning agency shall
 1171  have responsibility for plan review, coordination, and the
 1172  preparation and transmission of comments, pursuant to this
 1173  section, to the local governing body responsible for the
 1174  comprehensive plan. The state land planning agency shall
 1175  maintain a single file concerning any proposed or adopted plan
 1176  amendment submitted by a local government for any review under
 1177  this section. Copies of all correspondence, papers, notes,
 1178  memoranda, and other documents received or generated by the
 1179  state land planning agency must be placed in the appropriate
 1180  file. Paper copies of all electronic mail correspondence must be
 1181  placed in the file. The file and its contents must be available
 1182  for public inspection and copying as provided in chapter 119.
 1183         (4) INTERGOVERNMENTAL REVIEW.—The governmental agencies
 1184  specified in paragraph (3)(a) shall provide comments to the
 1185  state land planning agency within 30 days after receipt by the
 1186  state land planning agency of the complete proposed plan
 1187  amendment. If the plan or plan amendment includes or relates to
 1188  the public school facilities element pursuant to s.
 1189  163.3177(12), the state land planning agency shall submit a copy
 1190  to the Department of Education Office of Educational Facilities
 1191  of the Commissioner of Education for review and comment. The
 1192  appropriate regional planning council shall also provide its
 1193  written comments to the state land planning agency within 30
 1194  days after receipt by the state land planning agency of the
 1195  complete proposed plan amendment and shall specify any
 1196  objections, recommendations for modifications, and comments of
 1197  any other regional agencies to which the regional planning
 1198  council may have referred the proposed plan amendment. Written
 1199  comments submitted by the public within 30 days after notice of
 1200  transmittal by the local government of the proposed plan
 1201  amendment will be considered as if submitted by governmental
 1202  agencies. All written agency and public comments must be made
 1203  part of the file maintained under subsection (2).
 1204         (11) ADMINISTRATION COMMISSION.—
 1205         (c) The sanctions provided by paragraphs (a) and (b) do
 1206  shall not apply to a local government regarding any plan
 1207  amendment, except for plan amendments that amend plans that have
 1208  not been finally determined to be in compliance with this part,
 1209  and except as provided in s. 163.3189(2) or s. 163.3191(9) s.
 1210  163.3191(11).
 1211         Section 15. Section 163.3191, Florida Statutes, is amended
 1212  to read:
 1213         163.3191 Evaluation and appraisal of comprehensive plan.—
 1214         (1) The planning program shall be a continuous and ongoing
 1215  process. Each local government shall prepare adopt an evaluation
 1216  and appraisal report once every 7 years assessing the progress
 1217  in implementing the local government’s comprehensive plan.
 1218  unless:
 1219         (a)The local government has issued development orders for
 1220  residential units composing less than 10 percent of the local
 1221  government’s residential development capacity at the time it
 1222  last submitted amendments based on the evaluation and appraisal
 1223  report pursuant to subsection (8); and
 1224         (b)The local government has not adopted amendments to its
 1225  comprehensive plan which increase the local government’s
 1226  residential development capacity by 10 percent or more since it
 1227  last submitted amendments based on the evaluation and appraisal
 1228  report pursuant to subsection (8); and
 1229         (c)Based upon resident population estimates supplied by
 1230  the Bureau of Economic and Business Research of the University
 1231  of Florida or the Executive Office of Governor, the local
 1232  government demonstrates that its population has not increased by
 1233  more than 10 percent since it last submitted amendments based on
 1234  the evaluation and appraisal report pursuant to subsection (8).
 1235  Furthermore,
 1236         (2) It is the intent of this section that:
 1237         (a) Adopted comprehensive plans be reviewed through such
 1238  evaluation process to respond to changes in state, regional, and
 1239  local policies on planning and growth management and changing
 1240  conditions and trends, to ensure effective intergovernmental
 1241  coordination, and to identify major issues regarding the
 1242  community’s achievement of its goals.
 1243         (b) After completion of the initial evaluation and
 1244  appraisal report and any supporting plan amendments, each
 1245  subsequent evaluation and appraisal report must evaluate the
 1246  comprehensive plan in effect at the time of the initiation of
 1247  the evaluation and appraisal report process.
 1248         (c) Local governments identify the major issues, if
 1249  applicable, with input from state agencies, regional agencies,
 1250  adjacent local governments, and the public in the evaluation and
 1251  appraisal report process. It is also the intent of this section
 1252  to establish minimum requirements for information to ensure
 1253  predictability, certainty, and integrity in the growth
 1254  management process. The report is intended to serve as a summary
 1255  audit of the actions that a local government has undertaken and
 1256  identify changes that it may need to make. The report should be
 1257  based on the local government’s analysis of major issues to
 1258  further the community’s goals consistent with statewide minimum
 1259  standards. The report is not intended to require a comprehensive
 1260  rewrite of the elements within the local plan, unless a local
 1261  government chooses to do so.
 1262         (3)(2) The report shall present an evaluation and
 1263  assessment of the comprehensive plan and the local government is
 1264  encouraged to include shall contain appropriate statements to
 1265  update the comprehensive plan, including, but not limited to,
 1266  words, maps, illustrations, or other media, related to:
 1267         (a) Population growth and changes in land area, including
 1268  annexation, since the adoption of the original plan or the most
 1269  recent update amendments.
 1270         (b) The extent of vacant and developable land.
 1271         (c) The financial feasibility of implementing the
 1272  comprehensive plan and of providing needed infrastructure to
 1273  achieve and maintain adopted level-of-service standards and
 1274  sustain concurrency management systems through the capital
 1275  improvements element, as well as the ability to address
 1276  infrastructure backlogs and meet the demands of growth on public
 1277  services and facilities.
 1278         (d) The location of existing development in relation to the
 1279  location of development as anticipated in the original plan, or
 1280  in the plan as amended by the most recent evaluation and
 1281  appraisal report update amendments, such as within areas
 1282  designated for urban growth.
 1283         (e) An identification of the major issues for the
 1284  jurisdiction and, where pertinent, the potential social,
 1285  economic, and environmental impacts.
 1286         (f) Relevant changes to the state comprehensive plan, the
 1287  requirements of this part, the minimum criteria contained in
 1288  chapter 9J-5, Florida Administrative Code, and the appropriate
 1289  strategic regional policy plan since the adoption of the
 1290  original plan or the most recent evaluation and appraisal report
 1291  update amendments.
 1292         (g) An assessment of whether the plan objectives within
 1293  each element, as they relate to major issues, have been
 1294  achieved. The report shall include, as appropriate, an
 1295  identification as to whether unforeseen or unanticipated changes
 1296  in circumstances have resulted in problems or opportunities with
 1297  respect to major issues identified in each element and the
 1298  social, economic, and environmental impacts of the issue.
 1299         (h) A brief assessment of successes and shortcomings
 1300  related to each element of the plan.
 1301         (i) The identification of any actions or corrective
 1302  measures, including whether plan amendments are anticipated to
 1303  address the major issues identified and analyzed in the report.
 1304  Such identification shall include, as appropriate, new
 1305  population projections, new revised planning timeframes, a
 1306  revised future conditions map or map series, an updated capital
 1307  improvements element, and any new and revised goals, objectives,
 1308  and policies for major issues identified within each element.
 1309  This paragraph shall not require the submittal of the plan
 1310  amendments with the evaluation and appraisal report.
 1311         (j) A summary of the public participation program and
 1312  activities undertaken by the local government in preparing the
 1313  report.
 1314         (k) The coordination of the comprehensive plan with
 1315  existing public schools and those identified in the applicable
 1316  educational facilities plan adopted pursuant to s. 1013.35. The
 1317  assessment shall address, where relevant, the success or failure
 1318  of the coordination of the future land use map and associated
 1319  planned residential development with public schools and their
 1320  capacities, as well as the joint decisionmaking processes
 1321  engaged in by the local government and the school board in
 1322  regard to establishing appropriate population projections and
 1323  the planning and siting of public school facilities. For those
 1324  counties or municipalities that do not have a public schools
 1325  interlocal agreement or public school facilities element, the
 1326  assessment shall determine whether the local government
 1327  continues to meet the criteria of s. 163.3177(12). If the county
 1328  or municipality determines that it no longer meets the criteria,
 1329  it must adopt appropriate school concurrency goals, objectives,
 1330  and policies in its plan amendments pursuant to the requirements
 1331  of the public school facilities element, and enter into the
 1332  existing interlocal agreement required by ss. 163.3177(6)(h)2.
 1333  and 163.31777 in order to fully participate in the school
 1334  concurrency system.
 1335         (l) The extent to which the local government has been
 1336  successful in identifying alternative water supply projects and
 1337  traditional water supply projects, including conservation and
 1338  reuse, necessary to meet the water needs identified in s.
 1339  373.709(2)(a) within the local government’s jurisdiction. The
 1340  report must evaluate the degree to which the local government
 1341  has implemented the work plan for building public, private, and
 1342  regional water supply facilities, including development of
 1343  alternative water supplies, identified in the element as
 1344  necessary to serve existing and new development.
 1345         (m) If any of the jurisdiction of the local government is
 1346  located within the coastal high-hazard area, an evaluation of
 1347  whether any past reduction in land use density impairs the
 1348  property rights of current residents when redevelopment occurs,
 1349  including, but not limited to, redevelopment following a natural
 1350  disaster. The property rights of current residents shall be
 1351  balanced with public safety considerations. The local government
 1352  must identify strategies to address redevelopment feasibility
 1353  and the property rights of affected residents. These strategies
 1354  may include the authorization of redevelopment up to the actual
 1355  built density in existence on the property prior to the natural
 1356  disaster or redevelopment.
 1357         (n) An assessment of whether the criteria adopted pursuant
 1358  to s. 163.3177(6)(a) were successful in achieving compatibility
 1359  with military installations.
 1360         (o) The extent to which a concurrency exception area
 1361  designated pursuant to s. 163.3180(5), a concurrency management
 1362  area designated pursuant to s. 163.3180(7), or a multimodal
 1363  transportation district designated pursuant to s. 163.3180(15)
 1364  has achieved the purpose for which it was created and otherwise
 1365  complies with the provisions of s. 163.3180.
 1366         (p) An assessment of the extent to which changes are needed
 1367  to develop a common methodology for measuring impacts on
 1368  transportation facilities for the purpose of implementing its
 1369  concurrency management system in coordination with the
 1370  municipalities and counties, as appropriate pursuant to s.
 1371  163.3180(10).
 1372         (4)(3) Voluntary scoping meetings may be conducted by each
 1373  local government or several local governments within the same
 1374  county which that agree to meet together. Joint meetings among
 1375  all local governments in a county are encouraged. All scoping
 1376  meetings shall be completed at least 1 year prior to the
 1377  established adoption date of the report. The purpose of the
 1378  meetings shall be to distribute data and resources available to
 1379  assist in the preparation of the report, to provide input on
 1380  major issues in each community which that should be addressed in
 1381  the report, and to advise on the extent of the effort for the
 1382  components of subsection (3) (2). If scoping meetings are held,
 1383  the local government is encouraged to shall invite each state
 1384  and regional reviewing agency, as well as adjacent and other
 1385  affected local governments. A preliminary list of new data and
 1386  major issues that have emerged since the adoption of the
 1387  original plan, or the most recent evaluation and appraisal
 1388  report-based update amendments, should be developed by state and
 1389  regional entities and involved local governments for
 1390  distribution at the scoping meeting. For purposes of this
 1391  subsection, a “scoping meeting” is a meeting conducted to
 1392  determine the scope of review of the evaluation and appraisal
 1393  report by parties to which the report relates.
 1394         (5)(4) The local planning agency shall prepare the
 1395  evaluation and appraisal report and shall make recommendations
 1396  to the governing body regarding adoption of the proposed report.
 1397  The local planning agency shall prepare the report in conformity
 1398  with its public participation procedures adopted as required by
 1399  s. 163.3181. To further public participation in the evaluation
 1400  and appraisal process During the preparation of the proposed
 1401  report and prior to making any recommendation to the governing
 1402  body, the local planning agency shall hold at least one public
 1403  hearing, with public notice, on the proposed report. At a
 1404  minimum, the format and content of the proposed report shall
 1405  include a table of contents; numbered pages; element headings;
 1406  section headings within elements; a list of included tables,
 1407  maps, and figures; a title and sources for all included tables;
 1408  a preparation date; and the name of the preparer. Where
 1409  applicable, maps shall include major natural and artificial
 1410  geographic features; city, county, and state lines; and a legend
 1411  indicating a north arrow, map scale, and the date.
 1412         (5)Ninety days prior to the scheduled adoption date, the
 1413  local government may provide a proposed evaluation and appraisal
 1414  report to the state land planning agency and distribute copies
 1415  to state and regional commenting agencies as prescribed by rule,
 1416  adjacent jurisdictions, and interested citizens for review. All
 1417  review comments, including comments by the state land planning
 1418  agency, shall be transmitted to the local government and state
 1419  land planning agency within 30 days after receipt of the
 1420  proposed report.
 1421         (6)The governing body, after considering the review
 1422  comments and recommended changes, if any, shall adopt the
 1423  evaluation and appraisal report by resolution or ordinance at a
 1424  public hearing with public notice. The governing body shall
 1425  adopt the report in conformity with its public participation
 1426  procedures adopted as required by s. 163.3181. The local
 1427  government shall submit to the state land planning agency three
 1428  copies of the report, a transmittal letter indicating the dates
 1429  of public hearings, and a copy of the adoption resolution or
 1430  ordinance. The local government shall provide a copy of the
 1431  report to the reviewing agencies which provided comments for the
 1432  proposed report, or to all the reviewing agencies if a proposed
 1433  report was not provided pursuant to subsection (5), including
 1434  the adjacent local governments. Within 60 days after receipt,
 1435  the state land planning agency shall review the adopted report
 1436  and make a preliminary sufficiency determination that shall be
 1437  forwarded by the agency to the local government for its
 1438  consideration. The state land planning agency shall issue a
 1439  final sufficiency determination within 90 days after receipt of
 1440  the adopted evaluation and appraisal report.
 1441         (6)(7) The intent of the evaluation and appraisal process
 1442  is the preparation of a plan update that clearly and concisely
 1443  achieves the purpose of this section. The evaluation and
 1444  appraisal report shall be submitted as data and analysis in
 1445  support of the evaluation and appraisal report based amendments.
 1446  Toward this end, the sufficiency review of the state land
 1447  planning agency shall concentrate on whether the evaluation and
 1448  appraisal report sufficiently fulfills the components of
 1449  subsection (2). If the state land planning agency determines
 1450  that the report is insufficient, the governing body shall adopt
 1451  a revision of the report and submit the revised report for
 1452  review pursuant to subsection (6).
 1453         (8)The state land planning agency may delegate the review
 1454  of evaluation and appraisal reports, including all state land
 1455  planning agency duties under subsections (4)-(7), to the
 1456  appropriate regional planning council. When the review has been
 1457  delegated to a regional planning council, any local government
 1458  in the region may elect to have its report reviewed by the
 1459  regional planning council rather than the state land planning
 1460  agency. The state land planning agency shall by agreement
 1461  provide for uniform and adequate review of reports and shall
 1462  retain oversight for any delegation of review to a regional
 1463  planning council.
 1464         (7)(9) The state land planning agency may establish a
 1465  phased schedule for adoption of evaluation and appraisal report
 1466  based amendments reports. The schedule shall provide each local
 1467  government at least 7 years from plan adoption or last
 1468  established adoption date for evaluation and appraisal report
 1469  based amendments a report and shall allot approximately one
 1470  seventh of the reports to any 1 year. In order to allow the
 1471  municipalities to use data and analyses gathered by the
 1472  counties, the state land planning agency shall schedule
 1473  municipal evaluation and appraisal report based amendment report
 1474  adoption dates between 1 year and 18 months later than the
 1475  evaluation and appraisal report based amendment report adoption
 1476  date for the county in which those municipalities are located. A
 1477  local government may adopt its report no earlier than 90 days
 1478  prior to the established adoption date. Small municipalities
 1479  which were scheduled by chapter 9J-33, Florida Administrative
 1480  Code, to adopt their evaluation and appraisal report after
 1481  February 2, 1999, shall be rescheduled to adopt their report
 1482  together with the other municipalities in their county as
 1483  provided in this subsection.
 1484         (8)(10) The governing body shall amend its comprehensive
 1485  plan based on the recommendations in the report and shall update
 1486  the comprehensive plan based on the components of subsection (3)
 1487  (2), pursuant to the provisions of ss. 163.3184, 163.3187, and
 1488  163.3189. Amendments to update a comprehensive plan based on the
 1489  evaluation and appraisal report shall be adopted during a single
 1490  amendment cycle within the time period established by the state
 1491  land planning agency’s schedule authorized in subsection (7) 18
 1492  months after the report is determined to be sufficient by the
 1493  state land planning agency, except the state land planning
 1494  agency may grant an extension for adoption of a portion of such
 1495  amendments. The state land planning agency may grant a 6-month
 1496  extension for the adoption of such amendments if the request is
 1497  justified by good and sufficient cause as determined by the
 1498  agency. An additional extension may also be granted if the
 1499  request will result in greater coordination between
 1500  transportation and land use, for the purposes of improving
 1501  Florida’s transportation system, as determined by the agency in
 1502  coordination with the Metropolitan Planning Organization
 1503  program. Except for local governments exempted from preparing
 1504  evaluation and appraisal reports pursuant to subsection (1),
 1505  beginning July 1, 2006, failure to timely adopt and transmit
 1506  update amendments to the comprehensive plan based on the
 1507  evaluation and appraisal report shall result in a local
 1508  government being prohibited from adopting amendments to the
 1509  comprehensive plan until the evaluation and appraisal report
 1510  update amendments have been adopted and transmitted to the state
 1511  land planning agency. The prohibition on plan amendments shall
 1512  commence when the update amendments to the comprehensive plan
 1513  are past due. The comprehensive plan as amended shall be in
 1514  compliance as defined in s. 163.3184(1)(b). Within 6 months
 1515  after the effective date of the update amendments to the
 1516  comprehensive plan, the local government shall provide to the
 1517  state land planning agency and to all agencies designated by
 1518  rule a complete copy of the updated comprehensive plan.
 1519         (9)(11) The Administration Commission may impose the
 1520  sanctions provided by s. 163.3184(11) against any local
 1521  government that fails to adopt and submit a report, or that
 1522  fails to implement its report through timely and sufficient
 1523  amendments to its local plan, except for reasons of excusable
 1524  delay or valid planning reasons agreed to by the state land
 1525  planning agency or found present by the Administration
 1526  Commission. Sanctions for untimely or insufficient plan
 1527  amendments shall be prospective only and shall begin after a
 1528  final order has been issued by the Administration Commission and
 1529  a reasonable period of time has been allowed for the local
 1530  government to comply with an adverse determination by the
 1531  Administration Commission through adoption of plan amendments
 1532  that are in compliance. The state land planning agency may
 1533  initiate, and an affected person may intervene in, such a
 1534  proceeding by filing a petition with the Division of
 1535  Administrative Hearings, which shall appoint an administrative
 1536  law judge and conduct a hearing pursuant to ss. 120.569 and
 1537  120.57(1) and shall submit a recommended order to the
 1538  Administration Commission. The affected local government shall
 1539  be a party to any such proceeding. The commission may implement
 1540  this subsection by rule.
 1541         (10)(12) The state land planning agency may shall not adopt
 1542  rules to implement this section, other than procedural rules.
 1543         (13)The state land planning agency shall regularly review
 1544  the evaluation and appraisal report process and submit a report
 1545  to the Governor, the Administration Commission, the Speaker of
 1546  the House of Representatives, the President of the Senate, and
 1547  the respective community affairs committees of the Senate and
 1548  the House of Representatives. The first report shall be
 1549  submitted by December 31, 2004, and subsequent reports shall be
 1550  submitted every 5 years thereafter. At least 9 months before the
 1551  due date of each report, the Secretary of Community Affairs
 1552  shall appoint a technical committee of at least 15 members to
 1553  assist in the preparation of the report. The membership of the
 1554  technical committee shall consist of representatives of local
 1555  governments, regional planning councils, the private sector, and
 1556  environmental organizations. The report shall assess the
 1557  effectiveness of the evaluation and appraisal report process.
 1558         (11)(14) The requirement of subsection (8) (10) prohibiting
 1559  a local government from adopting amendments to the local
 1560  comprehensive plan until the evaluation and appraisal report
 1561  update amendments have been adopted and transmitted to the state
 1562  land planning agency does not apply to a plan amendment proposed
 1563  for adoption by the appropriate local government as defined in
 1564  s. 163.3178(2)(k) in order to integrate a port comprehensive
 1565  master plan with the coastal management element of the local
 1566  comprehensive plan as required by s. 163.3178(2)(k) if the port
 1567  comprehensive master plan or the proposed plan amendment does
 1568  not cause or contribute to the failure of the local government
 1569  to comply with the requirements of this section the evaluation
 1570  and appraisal report.
 1571         Section 16. Section 163.3245, Florida Statutes, is amended
 1572  to read:
 1573         163.3245 Optional Sector plans.—
 1574         (1) In recognition of the benefits of conceptual long-range
 1575  planning for the buildout of an area, and detailed planning for
 1576  specific areas, as a demonstration project, the requirements of
 1577  s. 380.06 may be addressed as identified by this section for up
 1578  to five local governments or combinations of local governments
 1579  may which adopt into their the comprehensive plans a plan an
 1580  optional sector plan in accordance with this section. This
 1581  section is intended to promote and encourage long-term planning
 1582  for conservation, development, and agriculture on a landscape
 1583  scale; to further the intent of s. 163.3177(11), which supports
 1584  innovative and flexible planning and development strategies, and
 1585  the purposes of this part, and part I of chapter 380 to
 1586  facilitate protection of regionally significant water courses
 1587  and wildlife corridors;, and to avoid duplication of effort in
 1588  terms of the level of data and analysis required for a
 1589  development of regional impact, while ensuring the adequate
 1590  mitigation of impacts to applicable regional resources and
 1591  facilities, including those within the jurisdiction of other
 1592  local governments, as would otherwise be provided. Optional
 1593  Sector plans are intended for substantial geographic areas that
 1594  include including at least 15,000 5,000 acres of one or more
 1595  local governmental jurisdictions and are to emphasize urban form
 1596  and protection of regionally significant resources and public
 1597  facilities. The state land planning agency may approve optional
 1598  sector plans of less than 5,000 acres based on local
 1599  circumstances if it is determined that the plan would further
 1600  the purposes of this part and part I of chapter 380. Preparation
 1601  of an optional sector plan is authorized by agreement between
 1602  the state land planning agency and the applicable local
 1603  governments under s. 163.3171(4). An optional sector plan may be
 1604  adopted through one or more comprehensive plan amendments under
 1605  s. 163.3184. However, an optional A sector plan may not be
 1606  adopted authorized in an area of critical state concern.
 1607         (2) Upon the request of a local government having
 1608  jurisdiction, The state land planning agency may enter into an
 1609  agreement to authorize preparation of an optional sector plan
 1610  upon the request of one or more local governments based on
 1611  consideration of problems and opportunities presented by
 1612  existing development trends; the effectiveness of current
 1613  comprehensive plan provisions; the potential to further the
 1614  state comprehensive plan, applicable strategic regional policy
 1615  plans, this part, and part I of chapter 380; and those factors
 1616  identified by s. 163.3177(10)(i). the applicable regional
 1617  planning council shall conduct a scoping meeting with affected
 1618  local governments and those agencies identified in s.
 1619  163.3184(4) before preparation of the sector plan execution of
 1620  the agreement authorized by this section. The purpose of this
 1621  meeting is to assist the state land planning agency and the
 1622  local government in the identification of the relevant planning
 1623  issues to be addressed and the data and resources available to
 1624  assist in the preparation of the sector plan. If a scoping
 1625  meeting is conducted, subsequent plan amendments. the regional
 1626  planning council shall make written recommendations to the state
 1627  land planning agency and affected local governments on the
 1628  issues requested by the local government. The scoping meeting
 1629  shall be noticed and open to the public. If the entire planning
 1630  area proposed for the sector plan is within the jurisdiction of
 1631  two or more local governments, some or all of them may enter
 1632  into a joint planning agreement pursuant to s. 163.3171 with
 1633  respect to, including whether a sustainable sector plan would be
 1634  appropriate. The agreement must define the geographic area to be
 1635  subject to the sector plan, the planning issues that will be
 1636  emphasized, procedures requirements for intergovernmental
 1637  coordination to address extrajurisdictional impacts, supporting
 1638  application materials including data and analysis, and
 1639  procedures for public participation, or other issues. An
 1640  agreement may address previously adopted sector plans that are
 1641  consistent with the standards in this section. Before executing
 1642  an agreement under this subsection, the local government shall
 1643  hold a duly noticed public workshop to review and explain to the
 1644  public the optional sector planning process and the terms and
 1645  conditions of the proposed agreement. The local government shall
 1646  hold a duly noticed public hearing to execute the agreement. All
 1647  meetings between the department and the local government must be
 1648  open to the public.
 1649         (3) Optional Sector planning encompasses two levels:
 1650  adoption pursuant to under s. 163.3184 of a conceptual long-term
 1651  master plan for the entire planning area as part of the
 1652  comprehensive plan, and adoption by local development order of
 1653  two or more buildout overlay to the comprehensive plan, having
 1654  no immediate effect on the issuance of development orders or the
 1655  applicability of s. 380.06, and adoption under s. 163.3184 of
 1656  detailed specific area plans that implement the conceptual long
 1657  term master plan buildout overlay and authorize issuance of
 1658  development orders, and within which s. 380.06 is waived. Until
 1659  such time as a detailed specific area plan is adopted, the
 1660  underlying future land use designations apply.
 1661         (a) In addition to the other requirements of this chapter,
 1662  a long-term master plan pursuant to this section conceptual
 1663  long-term buildout overlay must include maps, illustrations, and
 1664  text supported by data and analysis to address the following:
 1665         1. A long-range conceptual framework map that:
 1666         a. At a minimum, generally depicts identifies anticipated
 1667  areas of urban, agricultural, rural, and conservation land use;
 1668  and
 1669         b. Identifies allowed uses in various parts of the planning
 1670  area, specifies maximum and minimum densities and intensities of
 1671  use, and provides the conceptual framework for the development
 1672  pattern in developed areas with graphic illustrations based on a
 1673  hierarchy of places and functional place-making components.
 1674         2.A general identification of the water supplies needed
 1675  and available sources of water, including water resource
 1676  development and water supply development projects, and water
 1677  conservation measures needed to meet the projected demand of the
 1678  future land uses in the long-term master plan.
 1679         3.A general identification of the transportation
 1680  facilities to serve the future land uses in the long-term master
 1681  plan, including guidelines to be used to establish each modal
 1682  component intended to optimize mobility.
 1683         4.2.A general identification of other regionally
 1684  significant public facilities consistent with chapter 9J-2,
 1685  Florida Administrative Code, irrespective of local governmental
 1686  jurisdiction necessary to support buildout of the anticipated
 1687  future land uses, which may include central utilities provided
 1688  on-site within the planning area, and policies setting forth the
 1689  procedures to be used to mitigate the impacts of future land
 1690  uses on public facilities.
 1691         5.3.A general identification of regionally significant
 1692  natural resources within the planning area and policies setting
 1693  forth the procedures for protection or conservation of specific
 1694  resources consistent with the overall conservation and
 1695  development strategy for the planning area consistent with
 1696  chapter 9J-2, Florida Administrative Code.
 1697         6.4.General principles and guidelines addressing that
 1698  address the urban form and the interrelationships of anticipated
 1699  future land uses, the protection and, as appropriate,
 1700  restoration and management of lands identified for permanent
 1701  preservation, and a discussion, at the applicant’s option, of
 1702  the extent, if any, to which the plan will address restoring key
 1703  ecosystems, achieving a more clean, healthy environment,
 1704  limiting urban sprawl, providing a range of housing types,
 1705  protecting wildlife and natural areas, advancing the efficient
 1706  use of land and other resources, and creating quality
 1707  communities of a design that promotes travel by multiple
 1708  transportation modes, and enhancing the prospects for the
 1709  creation of jobs.
 1710         7.5. Identification of general procedures and policies to
 1711  facilitate ensure intergovernmental coordination to address
 1712  extrajurisdictional impacts from future land uses the long-range
 1713  conceptual framework map.
 1714  
 1715  A long-term master plan adopted pursuant to this section must be
 1716  based upon a planning period longer than the generally
 1717  applicable planning period of the local comprehensive plan, must
 1718  specify the projected population within the planning area during
 1719  the chosen planning period, and may include a phasing or staging
 1720  schedule that allocates a portion of the local government’s
 1721  future growth to the planning area through the planning period.
 1722  A long-term master plan adopted pursuant to this section is not
 1723  required to demonstrate need based upon projected population
 1724  growth or on any other basis.
 1725         (b) In addition to the other requirements of this chapter,
 1726  including those in paragraph (a), the detailed specific area
 1727  plans shall be consistent with the long-term master plan and
 1728  must include conditions and commitments that provide for:
 1729         1. Development or conservation of an area of adequate size
 1730  to accommodate a level of development which achieves a
 1731  functional relationship between a full range of land uses within
 1732  the area and to encompass at least 1,000 acres consistent with
 1733  the long-term master plan. The local government state land
 1734  planning agency may approve detailed specific area plans of less
 1735  than 1,000 acres based on local circumstances if it is
 1736  determined that the detailed specific area plan furthers the
 1737  purposes of this part and part I of chapter 380.
 1738         2. Detailed identification and analysis of the maximum and
 1739  minimum densities and intensities of use, and the distribution,
 1740  extent, and location of future land uses.
 1741         3. Detailed identification of water resource development
 1742  and water supply development projects and related
 1743  infrastructure, and water conservation measures to address water
 1744  needs of development in the detailed specific area plan.
 1745         4.Detailed identification of the transportation facilities
 1746  to serve the future land uses in the detailed specific area
 1747  plan.
 1748         5. Detailed identification of other regionally significant
 1749  public facilities, including public facilities outside the
 1750  jurisdiction of the host local government, anticipated impacts
 1751  of future land uses on those facilities, and required
 1752  improvements consistent with the long-term master plan chapter
 1753  9J-2, Florida Administrative Code.
 1754         6.4. Public facilities necessary to serve development in
 1755  the detailed specific area plan for the short term, including
 1756  developer contributions in a financially feasible 5-year capital
 1757  improvement schedule of the affected local government.
 1758         7.5. Detailed analysis and identification of specific
 1759  measures to assure the protection or conservation of lands
 1760  identified in the long-term master plan to be permanently
 1761  preserved and, as appropriate, restored or managed, of
 1762  regionally significant natural resources and other important
 1763  resources both within and outside the host jurisdiction,
 1764  including those regionally significant resources identified in
 1765  chapter 9J-2, Florida Administrative Code.
 1766         8.6.Detailed principles and guidelines addressing that
 1767  address the urban form and the interrelationships of anticipated
 1768  future land uses; and a discussion, at the applicant’s option,
 1769  of the extent, if any, to which the plan will address restoring
 1770  key ecosystems, achieving a more clean, healthy environment;,
 1771  limiting urban sprawl;, providing a range of housing types;
 1772  protecting wildlife and natural areas;, advancing the efficient
 1773  use of land and other resources;, and creating quality
 1774  communities of a design that promotes travel by multiple
 1775  transportation modes; and enhancing the prospects for the
 1776  creation of jobs.
 1777         9.7. Identification of specific procedures to facilitate
 1778  ensure intergovernmental coordination to address
 1779  extrajurisdictional impacts from of the detailed specific area
 1780  plan.
 1781  
 1782  A detailed specific area plan adopted by local development order
 1783  pursuant to this section may be based upon a planning period
 1784  longer than the generally applicable planning period of the
 1785  local comprehensive plan and must specify the projected
 1786  population within the specific planning area during the chosen
 1787  planning period. A detailed specific area plan adopted pursuant
 1788  to this section is not required to demonstrate need based upon
 1789  projected population growth or on any other basis.
 1790         (c) In its review of a long-term master plan, the state
 1791  land planning agency shall consult with the Department of
 1792  Agriculture and Consumer Services, the Department of
 1793  Environmental Protection, the Florida Fish and Wildlife
 1794  Conservation Commission, and the applicable water management
 1795  district regarding the design of areas for protection and
 1796  conservation of regionally significant natural resources and for
 1797  the protection and, as appropriate, restoration and management
 1798  of lands identified for permanent preservation.
 1799         (d)The state land planning agency may initiate a civil
 1800  action pursuant to s. 163.3215 with respect to a detailed
 1801  specific area plan that is not consistent with a long-term
 1802  master plan adopted pursuant to this section. For purposes of
 1803  such a proceeding, the state land planning agency shall be
 1804  deemed an aggrieved and adversely affected party. Regardless of
 1805  whether the local government has adopted an ordinance that
 1806  establishes a local process that meets the requirements of s.
 1807  163.3215(4), judicial review of a detailed specific area plan
 1808  initiated by the state land planning agency shall be de novo
 1809  pursuant to s. 163.3215(3) and not by petition for writ of
 1810  certiorari pursuant to s. 163.3215(4). Any other aggrieved or
 1811  adversely affected party is subject to s. 163.3215 in all
 1812  respects when initiating a consistency challenge to a detailed
 1813  specific area plan.
 1814         (e) This subsection does may not be construed to prevent
 1815  preparation and approval of the optional sector plan and
 1816  detailed specific area plan concurrently or in the same
 1817  submission.
 1818         (4) Upon the long-term master plan becoming legally
 1819  effective:
 1820         (a)Any long-range transportation plan developed by a
 1821  metropolitan planning organization pursuant to s. 339.175(7)
 1822  shall be consistent, to the maximum extent feasible, with the
 1823  long-term master plan, including but not limited to the
 1824  projected population, the approved uses and densities and
 1825  intensities of use and their distribution within the planning
 1826  area; and the transportation facilities identified in adopted
 1827  plans pursuant to subparagraphs (3)(a)3. and (3)(b)4.
 1828         (b)The water needs, sources and water resource development
 1829  and water supply development projects identified in adopted
 1830  plans pursuant to subparagraphs (3)(a)2. and (3)(b)3. shall be
 1831  incorporated into the applicable district and regional water
 1832  supply plans adopted in accordance with ss. 373.036 and 373.709.
 1833  Accordingly, and notwithstanding the permit durations stated in
 1834  s. 373.236, an applicant may request and the applicable district
 1835  may issue consumptive use permits for durations commensurate
 1836  with the long-term master plan. The permitting criteria in s.
 1837  373.223 shall be applied based upon the projected population,
 1838  the approved densities and intensities of use, and their
 1839  distribution in the long-term master plan. The host local
 1840  government shall submit a monitoring report to the state land
 1841  planning agency and applicable regional planning council on an
 1842  annual basis after adoption of a detailed specific area plan.
 1843  The annual monitoring report must provide summarized information
 1844  on development orders issued, development that has occurred,
 1845  public facility improvements made, and public facility
 1846  improvements anticipated over the upcoming 5 years.
 1847         (5) When a plan amendment adopting a detailed specific area
 1848  plan has become effective for a portion of the planning area
 1849  governed by a long-term master plan adopted pursuant to this
 1850  section under ss. 163.3184 and 163.3189(2), the provisions of s.
 1851  380.06 do not apply to development within the geographic area of
 1852  the detailed specific area plan. However, any development-of
 1853  regional-impact development order that is vested from the
 1854  detailed specific area plan may be enforced pursuant to under s.
 1855  380.11.
 1856         (a) The local government adopting the detailed specific
 1857  area plan is primarily responsible for monitoring and enforcing
 1858  the detailed specific area plan. Local governments shall not
 1859  issue any permits or approvals or provide any extensions of
 1860  services to development which that are not consistent with the
 1861  detailed sector area plan.
 1862         (b) If the state land planning agency has reason to believe
 1863  that a violation of any detailed specific area plan, or of any
 1864  agreement entered into under this section, has occurred or is
 1865  about to occur, it may institute an administrative or judicial
 1866  proceeding to prevent, abate, or control the conditions or
 1867  activity creating the violation, using the procedures in s.
 1868  380.11.
 1869         (c) In instituting an administrative or judicial proceeding
 1870  involving a an optional sector plan or detailed specific area
 1871  plan, including a proceeding pursuant to paragraph (b), the
 1872  complaining party shall comply with the requirements of s.
 1873  163.3215(4), (5), (6), and (7), except as provided in paragraph
 1874  (3)(d).
 1875         (d)The detailed specific area plan must establish a
 1876  buildout date until which the approved development is not
 1877  subject to downzoning, unit density reduction, or intensity
 1878  reduction, unless the local government can demonstrate that
 1879  implementation of the plan is not continuing in good faith based
 1880  on standards established by plan policy, or that substantial
 1881  changes in the conditions underlying the approval of the
 1882  detailed specific area plan have occurred, or that the detailed
 1883  specific area plan was based on substantially inaccurate
 1884  information provided by the applicant, or that the change is
 1885  clearly established to be essential to the public health,
 1886  safety, or welfare.
 1887         (6) Concurrent with or subsequent to review and adoption of
 1888  a long-term master plan pursuant to paragraph (3)(a), an
 1889  applicant may apply for master development approval pursuant to
 1890  s. 380.06(21) for the entire planning area in order to establish
 1891  a buildout date until which the approved uses and densities and
 1892  intensities of use of the master plan are not subject to
 1893  downzoning, unit density reduction, or intensity reduction,
 1894  unless the local government can demonstrate that implementation
 1895  of the master plan is not continuing in good faith based on
 1896  standards established by plan policy, or that substantial
 1897  changes in the conditions underlying the approval of the master
 1898  plan have occurred, or that the master plan was based on
 1899  substantially inaccurate information provided by the applicant,
 1900  or that change is clearly established to be essential to the
 1901  public health, safety, or welfare. Review of the application for
 1902  master development approval shall be at a level of detail
 1903  appropriate for the long-term and conceptual nature of the long
 1904  term master plan and, to the maximum extent possible, shall only
 1905  consider information provided in the application for a long-term
 1906  master plan. Notwithstanding any provision of s. 380.06 to the
 1907  contrary, an increment of development in such an approved master
 1908  development plan shall be approved by a detailed specific area
 1909  plan pursuant to paragraph (3)(b) and is exempt from review
 1910  pursuant to s 380.06. Beginning December 1, 1999, and each year
 1911  thereafter, the department shall provide a status report to the
 1912  Legislative Committee on Intergovernmental Relations regarding
 1913  each optional sector plan authorized under this section.
 1914         (7) A developer within an area subject to a long-term
 1915  master plan that meets the requirements of paragraph (3)(a) and
 1916  subsection (6) or a detailed specific area plan that meets the
 1917  requirements of paragraph (3)(b) may enter into a development
 1918  agreement with a local government pursuant to ss. 163.3220
 1919  163.3243. The duration of such a development agreement may be
 1920  through the planning period of the long-term master plan or the
 1921  detailed specific area plan, as the case may be, notwithstanding
 1922  the limit on the duration of a development agreement pursuant to
 1923  s. 163.3229.
 1924         (8)Any owner of property within the planning area of a
 1925  proposed long-term master plan may withdraw his consent to the
 1926  master plan at any time prior to local government adoption, and
 1927  the local government shall exclude such parcels from the adopted
 1928  master plan. Thereafter, the long-term master plan, any detailed
 1929  specific area plan, and the exemption from development-of
 1930  regional-impact review under this section do not apply to the
 1931  subject parcels. After adoption of a long-term master plan, an
 1932  owner may withdraw his or her property from the master plan only
 1933  with the approval of the local government by plan amendment.
 1934         (9)The adoption of a long-term master plan or a detailed
 1935  specific area plan pursuant to this section does not limit the
 1936  right to continue existing agricultural or silvicultural uses or
 1937  other natural resource-based operations or to establish similar
 1938  new uses that are consistent with the plans approved pursuant to
 1939  this section.
 1940         (10)Notwithstanding any provision to the contrary of s.
 1941  380.06; this part II; or any planning agreement or plan policy,
 1942  a landowner or developer who has received approval of a master
 1943  development of regional impact development order pursuant to s.
 1944  380.06(21) may apply to implement this order by filing one or
 1945  more applications to approve a detailed specific area plan
 1946  pursuant to paragraph (3)(b).
 1947         (11)Notwithstanding the provisions of this section, a
 1948  detailed specific area plan to implement a conceptual long-term
 1949  buildout overlay, adopted by a local government and found in
 1950  compliance before July 1, 2011, shall be governed by the
 1951  provisions of this section.
 1952         (12) This section may not be construed to abrogate the
 1953  rights of any person under this chapter.
 1954         Section 17. Subsection (9) of section 163.3246, Florida
 1955  Statutes, is amended to read:
 1956         163.3246 Local government comprehensive planning
 1957  certification program.—
 1958         (9)(a) Upon certification all comprehensive plan amendments
 1959  associated with the area certified must be adopted and reviewed
 1960  in the manner described in ss. 163.3184(1), (2), (7), (14),
 1961  (15), and (16) and 163.3187, such that state and regional agency
 1962  review is eliminated. The department may not issue any
 1963  objections, recommendations, and comments report on proposed
 1964  plan amendments or a notice of intent on adopted plan
 1965  amendments; however, affected persons, as defined by s.
 1966  163.3184(1)(a), may file a petition for administrative review
 1967  pursuant to the requirements of s. 163.3187(3)(a) to challenge
 1968  the compliance of an adopted plan amendment.
 1969         (b) Plan amendments that change the boundaries of the
 1970  certification area; propose a rural land stewardship area
 1971  pursuant to s. 163.3177(11)(d); propose a an optional sector
 1972  plan pursuant to s. 163.3245; propose a school facilities
 1973  element; update a comprehensive plan based on an evaluation and
 1974  appraisal report; impact lands outside the certification
 1975  boundary; implement new statutory requirements that mandate
 1976  require specific comprehensive plan amendments; or increase
 1977  hurricane evacuation times or the need for shelter capacity on
 1978  lands within the coastal high-hazard area shall be reviewed
 1979  pursuant to ss. 163.3184 and 163.3187.
 1980         Section 18. Section 163.32465, Florida Statutes, is amended
 1981  to read:
 1982         163.32465 State review of local comprehensive plans in
 1983  urban areas.—
 1984         (1) LEGISLATIVE FINDINGS.—
 1985         (a) The Legislature finds that local governments in this
 1986  state have a wide diversity of resources, conditions, abilities,
 1987  and needs. The Legislature also finds that comprehensive
 1988  planning has been implemented throughout the state and that it
 1989  is appropriate for local governments to have the primary role in
 1990  planning for their growth. the needs and resources of urban
 1991  areas are different from those of rural areas and that different
 1992  planning and growth management approaches, strategies, and
 1993  techniques are required in urban areas. The state role in
 1994  overseeing growth management should reflect this diversity and
 1995  should vary based on local government conditions, capabilities,
 1996  needs, and extent of development. Thus, the Legislature
 1997  recognizes and finds that reduced state oversight of local
 1998  comprehensive planning is justified for some local governments
 1999  in urban areas.
 2000         (b) The Legislature finds and declares that this state’s
 2001  local governments urban areas require a reduced level of state
 2002  oversight because of their high degree of urbanization and the
 2003  planning capabilities and resources of many of their local
 2004  governments. An alternative state review process that is
 2005  adequate to protect issues of regional or statewide importance
 2006  should be created for appropriate local governments in these
 2007  areas. Further, the Legislature finds that development,
 2008  including urban infill and redevelopment, should be encouraged
 2009  in these urban areas. The Legislature finds that an alternative
 2010  Accordingly, the process provided by this section for amending
 2011  local comprehensive plans is in these areas should be
 2012  established with the an objective of streamlining the process
 2013  and recognizing local responsibility and accountability.
 2014         (c)The Legislature finds a pilot program will be
 2015  beneficial in evaluating an alternative, expedited plan
 2016  amendment adoption and review process. Pilot local governments
 2017  shall represent highly developed counties and the municipalities
 2018  within these counties and highly populated municipalities.
 2019         (2) APPLICABILITY ALTERNATIVE STATE REVIEW PROCESS PILOT
 2020  PROGRAM.—The process for amending a comprehensive plan described
 2021  in this section is applicable statewide. Pinellas and Broward
 2022  Counties, and the municipalities within these counties, and
 2023  Jacksonville, Miami, Tampa, and Hialeah shall follow an
 2024  alternative state review process provided in this section.
 2025  Municipalities within the pilot counties may elect, by super
 2026  majority vote of the governing body, not to participate in the
 2027  pilot program. In addition to the pilot program jurisdictions,
 2028  any local government may use the alternative state review
 2029  process to designate an urban service area as defined in s.
 2030  163.3164(29) in its comprehensive plan.
 2031         (3) PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS
 2032  UNDER THE PILOT PROGRAM.—
 2033         (a) Plan amendments adopted by local governments are
 2034  subject to the pilot program jurisdictions shall follow the
 2035  alternate, expedited process in subsections (4) and (5), except
 2036  as set forth in paragraphs (b)-(e) of this subsection.
 2037         (b) Amendments that qualify as small-scale development
 2038  amendments may continue to be adopted by the pilot program
 2039  jurisdictions pursuant to s. 163.3187(1)(c) and (3).
 2040         (c) Plan amendments that propose a rural land stewardship
 2041  area pursuant to s. 163.3177(11)(d); propose an optional sector
 2042  plan; update a comprehensive plan based on an evaluation and
 2043  appraisal report; implement new statutory requirements; or new
 2044  plans for newly incorporated municipalities are subject to state
 2045  review as set forth in s. 163.3184.
 2046         (d) Local governments are Pilot program jurisdictions shall
 2047  be subject to the frequency and timing requirements for plan
 2048  amendments set forth in ss. 163.3187 and 163.3191, except where
 2049  otherwise stated in this section.
 2050         (e) The mediation and expedited hearing provisions in s.
 2051  163.3189(3) apply to all plan amendments adopted pursuant to
 2052  this section by the pilot program jurisdictions.
 2053         (4) INITIAL HEARING ON COMPREHENSIVE PLAN AMENDMENT FOR
 2054  PILOT PROGRAM.—
 2055         (a) The local government shall hold its first public
 2056  hearing on a comprehensive plan amendment on a weekday at least
 2057  7 days after the day the first advertisement is published
 2058  pursuant to the requirements of chapter 125 or chapter 166. Upon
 2059  an affirmative vote of not less than a majority of the members
 2060  of the governing body present at the hearing, the local
 2061  government shall immediately transmit the amendment or
 2062  amendments and appropriate supporting data and analyses to the
 2063  state land planning agency; the appropriate regional planning
 2064  council and water management district; the Department of
 2065  Environmental Protection; the Department of State; the
 2066  Department of Transportation; in the case of municipal plans, to
 2067  the appropriate county; the Fish and Wildlife Conservation
 2068  Commission; the Department of Agriculture and Consumer Services;
 2069  and in the case of amendments that include or impact the public
 2070  school facilities element, the Office of Educational Facilities
 2071  of the Commissioner of Education. The local governing body shall
 2072  also transmit a copy of the amendments and supporting data and
 2073  analyses to any other local government or governmental agency
 2074  that has filed a written request with the governing body.
 2075         (b) The agencies and local governments specified in
 2076  paragraph (a) may provide comments regarding the amendment or
 2077  amendments to the local government. The regional planning
 2078  council review and comment shall be limited to effects on
 2079  regional resources or facilities identified in the strategic
 2080  regional policy plan and extrajurisdictional impacts that would
 2081  be inconsistent with the comprehensive plan of the affected
 2082  local government. A regional planning council shall not review
 2083  and comment on a proposed comprehensive plan amendment prepared
 2084  by such council unless the plan amendment has been changed by
 2085  the local government subsequent to the preparation of the plan
 2086  amendment by the regional planning council. County comments on
 2087  municipal comprehensive plan amendments shall be primarily in
 2088  the context of the relationship and effect of the proposed plan
 2089  amendments on the county plan. Municipal comments on county plan
 2090  amendments shall be primarily in the context of the relationship
 2091  and effect of the amendments on the municipal plan. State agency
 2092  comments may include technical guidance on issues of agency
 2093  jurisdiction as it relates to the requirements of this part.
 2094  Such comments shall clearly identify issues that, if not
 2095  resolved, may result in an agency challenge to the plan
 2096  amendment. For the purposes of this pilot program, Agencies are
 2097  encouraged to focus potential challenges on issues of regional
 2098  or statewide importance. Agencies and local governments must
 2099  transmit their comments to the affected local government such
 2100  that they are received by the local government not later than 30
 2101  thirty days from the date on which the agency or government
 2102  received the amendment or amendments.
 2103         (5) ADOPTION OF COMPREHENSIVE PLAN AMENDMENT FOR PILOT
 2104  AREAS.—
 2105         (a) The local government shall hold its second public
 2106  hearing, which shall be a hearing on whether to adopt one or
 2107  more comprehensive plan amendments, on a weekday at least 5 days
 2108  after the day the second advertisement is published pursuant to
 2109  the requirements of chapter 125 or chapter 166. Adoption of
 2110  comprehensive plan amendments must be by ordinance and requires
 2111  an affirmative vote of a majority of the members of the
 2112  governing body present at the second hearing.
 2113         (b) All comprehensive plan amendments adopted by the
 2114  governing body along with the supporting data and analysis shall
 2115  be transmitted within 10 days of the second public hearing to
 2116  the state land planning agency and any other agency or local
 2117  government that provided timely comments under paragraph (4)(b).
 2118         (6) ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR PILOT
 2119  PROGRAM.—
 2120         (a) Any “affected person” as defined in s. 163.3184(1)(a)
 2121  may file a petition with the Division of Administrative Hearings
 2122  pursuant to ss. 120.569 and 120.57, with a copy served on the
 2123  affected local government, to request a formal hearing to
 2124  challenge whether the amendments are “in compliance” as defined
 2125  in s. 163.3184(1)(b). This petition must be filed with the
 2126  Division within 30 days after the local government adopts the
 2127  amendment. The state land planning agency may intervene in a
 2128  proceeding instituted by an affected person.
 2129         (b) The state land planning agency may file a petition with
 2130  the Division of Administrative Hearings pursuant to ss. 120.569
 2131  and 120.57, with a copy served on the affected local government,
 2132  to request a formal hearing. This petition must be filed with
 2133  the Division within 30 days after the state land planning agency
 2134  notifies the local government that the plan amendment package is
 2135  complete. For purposes of this section, an adopted amendment
 2136  package shall be deemed complete if it contains a full, executed
 2137  copy of the adoption ordinance or ordinances; in the case of a
 2138  text amendment, a full copy of the amended language in
 2139  legislative format with new words inserted in the text
 2140  underlined, and words to be deleted lined through with hyphens;
 2141  in the case of a future land use map amendment, a copy of the
 2142  future land use map clearly depicting the parcel, its existing
 2143  future land use designation, and its adopted designation; and a
 2144  copy of any data and analyses the local government deems
 2145  appropriate. The state land planning agency shall notify the
 2146  local government of any deficiencies within 5 working days of
 2147  receipt of an amendment package.
 2148         (c) The state land planning agency’s challenge shall be
 2149  limited to those issues raised in the comments provided by the
 2150  reviewing agencies pursuant to paragraph (4)(b). The state land
 2151  planning agency may challenge a plan amendment that has
 2152  substantially changed from the version on which the agencies
 2153  provided comments. For the purposes of this pilot program, The
 2154  Legislature strongly encourages the state land planning agency
 2155  to focus any challenge on issues of regional or statewide
 2156  importance.
 2157         (d) An administrative law judge shall hold a hearing in the
 2158  affected local jurisdiction. The local government’s
 2159  determination that the amendment is “in compliance” is presumed
 2160  to be correct and shall be sustained unless it is shown by a
 2161  preponderance of the evidence that the amendment is not “in
 2162  compliance.”
 2163         (e) If the administrative law judge recommends that the
 2164  amendment be found not in compliance, the judge shall submit the
 2165  recommended order to the Administration Commission for final
 2166  agency action. The Administration Commission shall enter a final
 2167  order within 45 days after its receipt of the recommended order.
 2168         (f) If the administrative law judge recommends that the
 2169  amendment be found in compliance, the judge shall submit the
 2170  recommended order to the state land planning agency.
 2171         1. If the state land planning agency determines that the
 2172  plan amendment should be found not in compliance, the agency
 2173  shall refer, within 30 days of receipt of the recommended order,
 2174  the recommended order and its determination to the
 2175  Administration Commission for final agency action. If the
 2176  commission determines that the amendment is not in compliance,
 2177  it may sanction the local government as set forth in s.
 2178  163.3184(11).
 2179         2. If the state land planning agency determines that the
 2180  plan amendment should be found in compliance, the agency shall
 2181  enter its final order not later than 30 days from receipt of the
 2182  recommended order.
 2183         (g) An amendment adopted under the expedited provisions of
 2184  this section shall not become effective until 31 days after
 2185  adoption. If timely challenged, an amendment shall not become
 2186  effective until the state land planning agency or the
 2187  Administration Commission enters a final order determining the
 2188  adopted amendment to be in compliance.
 2189         (h) Parties to a proceeding under this section may enter
 2190  into compliance agreements using the process in s. 163.3184(16).
 2191  Any remedial amendment adopted pursuant to a settlement
 2192  agreement shall be provided to the agencies and governments
 2193  listed in paragraph (4)(a).
 2194         (7)APPLICABILITY OF PILOT PROGRAM IN CERTAIN LOCAL
 2195  GOVERNMENTS.—Local governments and specific areas that have been
 2196  designated for alternate review process pursuant to ss. 163.3246
 2197  and 163.3184(17) and (18) are not subject to this section.
 2198         (8)RULEMAKING AUTHORITY FOR PILOT PROGRAM.—Agencies shall
 2199  not promulgate rules to implement this pilot program.
 2200         (9)REPORT.—The Office of Program Policy Analysis and
 2201  Government Accountability shall submit to the Governor, the
 2202  President of the Senate, and the Speaker of the House of
 2203  Representatives by December 1, 2008, a report and
 2204  recommendations for implementing a statewide program that
 2205  addresses the legislative findings in subsection (1) in areas
 2206  that meet urban criteria. The Office of Program Policy Analysis
 2207  and Government Accountability in consultation with the state
 2208  land planning agency shall develop the report and
 2209  recommendations with input from other state and regional
 2210  agencies, local governments, and interest groups. Additionally,
 2211  the office shall review local and state actions and
 2212  correspondence relating to the pilot program to identify issues
 2213  of process and substance in recommending changes to the pilot
 2214  program. At a minimum, the report and recommendations shall
 2215  include the following:
 2216         (a)Identification of local governments beyond those
 2217  participating in the pilot program that should be subject to the
 2218  alternative expedited state review process. The report may
 2219  recommend that pilot program local governments may no longer be
 2220  appropriate for such alternative review process.
 2221         (b)Changes to the alternative expedited state review
 2222  process for local comprehensive plan amendments identified in
 2223  the pilot program.
 2224         (c)Criteria for determining issues of regional or
 2225  statewide importance that are to be protected in the alternative
 2226  state review process.
 2227         (d)In preparing the report and recommendations, the Office
 2228  of Program Policy Analysis and Government Accountability shall
 2229  consult with the state land planning agency, the Department of
 2230  Transportation, the Department of Environmental Protection, and
 2231  the regional planning agencies in identifying highly developed
 2232  local governments to participate in the alternative expedited
 2233  state review process. The Office of Program Policy Analysis and
 2234  Governmental Accountability shall also solicit citizen input in
 2235  the potentially affected areas and consult with the affected
 2236  local governments and stakeholder groups.
 2237         Section 19. Section 215.559, Florida Statutes, is amended
 2238  to read:
 2239         215.559 Hurricane Loss Mitigation Program.—
 2240         (1) There is created A Hurricane Loss Mitigation Program is
 2241  established in the Office of Emergency Management.
 2242         (1) The Legislature shall annually appropriate $10 million
 2243  of the moneys authorized for appropriation under s.
 2244  215.555(7)(c) from the Florida Hurricane Catastrophe Fund to the
 2245  office Department of Community Affairs for the purposes set
 2246  forth in this section. Of the amount:
 2247         (2)(a) Seven million dollars in funds provided in
 2248  subsection (1) shall be used for programs to improve the wind
 2249  resistance of residences and mobile homes, including loans,
 2250  subsidies, grants, demonstration projects, and direct
 2251  assistance; educating persons concerning the Florida Building
 2252  Code cooperative programs with local governments and the Federal
 2253  Government; and other efforts to prevent or reduce losses or
 2254  reduce the cost of rebuilding after a disaster.
 2255         (b) Three million dollars in funds provided in subsection
 2256  (1) shall be used to retrofit existing facilities used as public
 2257  hurricane shelters. Each year the office shall department must
 2258  prioritize the use of these funds for projects included in the
 2259  annual report of the September 1, 2000, version of the Shelter
 2260  Retrofit Report prepared in accordance with s. 252.385(3), and
 2261  each annual report thereafter. The office department must give
 2262  funding priority to projects in regional planning council
 2263  regions that have shelter deficits and to projects that maximize
 2264  the use of state funds.
 2265         (2)(3)(a) Forty percent of the total appropriation in
 2266  paragraph (1)(a) (2)(a) shall be used to inspect and improve
 2267  tie-downs for mobile homes.
 2268         (b)1. There is created The Manufactured Housing and Mobile
 2269  Home Mitigation and Enhancement Program is established. The
 2270  program shall require the mitigation of damage to or the
 2271  enhancement of homes for the areas of concern raised by the
 2272  Department of Highway Safety and Motor Vehicles in the 2004-2005
 2273  Hurricane Reports on the effects of the 2004 and 2005 hurricanes
 2274  on manufactured and mobile homes in this state. The mitigation
 2275  or enhancement must include, but need not be limited to,
 2276  problems associated with weakened trusses, studs, and other
 2277  structural components caused by wood rot or termite damage;
 2278  site-built additions; or tie-down systems and may also address
 2279  any other issues deemed appropriate by Tallahassee Community
 2280  College, the Federation of Manufactured Home Owners of Florida,
 2281  Inc., the Florida Manufactured Housing Association, and the
 2282  Department of Highway Safety and Motor Vehicles. The program
 2283  shall include an education and outreach component to ensure that
 2284  owners of manufactured and mobile homes are aware of the
 2285  benefits of participation.
 2286         2. The program shall be a grant program that ensures that
 2287  entire manufactured home communities and mobile home parks may
 2288  be improved wherever practicable. The moneys appropriated for
 2289  this program shall be distributed directly to Tallahassee
 2290  Community College for the uses set forth under this subsection.
 2291         3. Upon evidence of completion of the program, the Citizens
 2292  Property Insurance Corporation shall grant, on a pro rata basis,
 2293  actuarially reasonable discounts, credits, or other rate
 2294  differentials or appropriate reductions in deductibles for the
 2295  properties of owners of manufactured homes or mobile homes on
 2296  which fixtures or construction techniques that have been
 2297  demonstrated to reduce the amount of loss in a windstorm have
 2298  been installed or implemented. The discount on the premium must
 2299  be applied to subsequent renewal premium amounts. Premiums of
 2300  the Citizens Property Insurance Corporation must reflect the
 2301  location of the home and the fact that the home has been
 2302  installed in compliance with building codes adopted after
 2303  Hurricane Andrew. Rates resulting from the completion of the
 2304  Manufactured Housing and Mobile Home Mitigation and Enhancement
 2305  Program are not considered competitive rates for the purposes of
 2306  s. 627.351(6)(d)1. and 2.
 2307         4. On or before January 1 of each year, Tallahassee
 2308  Community College shall provide a report of activities under
 2309  this subsection to the Governor, the President of the Senate,
 2310  and the Speaker of the House of Representatives. The report must
 2311  set forth the number of homes that have taken advantage of the
 2312  program, the types of enhancements and improvements made to the
 2313  manufactured or mobile homes and attachments to such homes, and
 2314  whether there has been an increase in availability of insurance
 2315  products to owners of manufactured or mobile homes.
 2316  
 2317  Tallahassee Community College shall develop the programs set
 2318  forth in this subsection in consultation with the Federation of
 2319  Manufactured Home Owners of Florida, Inc., the Florida
 2320  Manufactured Housing Association, and the Department of Highway
 2321  Safety and Motor Vehicles. The moneys appropriated for the
 2322  programs set forth in this subsection shall be distributed
 2323  directly to Tallahassee Community College to be used as set
 2324  forth in this subsection.
 2325         (3)(4) Of moneys provided to the Department of Community
 2326  Affairs in paragraph (1)(a) (2)(a), 10 percent shall be
 2327  allocated to the Florida International University center
 2328  dedicated to hurricane research. The center shall develop a
 2329  preliminary work plan approved by the advisory council set forth
 2330  in subsection (4) (5) to eliminate the state and local barriers
 2331  to upgrading existing mobile homes and communities, research and
 2332  develop a program for the recycling of existing older mobile
 2333  homes, and support programs of research and development relating
 2334  to hurricane loss reduction devices and techniques for site
 2335  built residences. The State University System also shall consult
 2336  with the Department of Community Affairs and assist the
 2337  department with the report required under subsection (6) (7).
 2338         (4)(5) Except for the programs set forth in subsection (3)
 2339  (4), the office Department of Community Affairs shall develop
 2340  the programs set forth in this section in consultation with an
 2341  advisory council consisting of a representative designated by
 2342  the Chief Financial Officer, a representative designated by the
 2343  Florida Home Builders Association, a representative designated
 2344  by the Florida Insurance Council, a representative designated by
 2345  the Federation of Manufactured Home Owners, a representative
 2346  designated by the Florida Association of Counties, and a
 2347  representative designated by the Florida Manufactured Housing
 2348  Association, and a representative designated by the Florida
 2349  Building Commission.
 2350         (5)(6) Moneys provided to the office Department of
 2351  Community Affairs under this section are intended to supplement,
 2352  not supplant, the office’s other funding sources of the
 2353  Department of Community Affairs and may not supplant other
 2354  funding sources of the Department of Community Affairs.
 2355         (6)(7) On January 1st of each year, the office Department
 2356  of Community Affairs shall provide a full report and accounting
 2357  of activities under this section and an evaluation of such
 2358  activities to the Speaker of the House of Representatives, the
 2359  President of the Senate, and the Majority and Minority Leaders
 2360  of the House of Representatives and the Senate. Upon completion
 2361  of the report, the office Department of Community Affairs shall
 2362  deliver the report to the Office of Insurance Regulation. The
 2363  Office of Insurance Regulation shall review the report and shall
 2364  make such recommendations available to the insurance industry as
 2365  the Office of Insurance Regulation deems appropriate. These
 2366  recommendations may be used by insurers for potential discounts
 2367  or rebates pursuant to s. 627.0629. The Office of Insurance
 2368  Regulation shall make such the recommendations within 1 year
 2369  after receiving the report.
 2370         (8)(a) Notwithstanding any other provision of this section
 2371  and for the 2010-2011 fiscal year only, the $3 million
 2372  appropriation provided for in paragraph (2)(b) may be used for
 2373  hurricane shelters as identified in the General Appropriations
 2374  Act.
 2375         (b) This subsection expires June 30, 2011.
 2376         (7)(9) This section is repealed June 30, 2021 2011.
 2377         Section 20. Section 288.005, Florida Statutes, is created
 2378  to read:
 2379         288.005Definitions.—As used in this chapter, the following
 2380  words and phrases shall have the following meanings and
 2381  references:
 2382         (1) “Economic benefits” means the direct, indirect, and
 2383  induced gains in state revenues as a percentage of the state’s
 2384  investment. The state’s investment includes state grants, tax
 2385  exemptions, tax refunds, tax credits, and other state
 2386  incentives.
 2387         (2) “Commissioner” means the commissioner of Jobs Florida,
 2388  unless otherwise stated.
 2389         Section 21. Section 288.048, Florida Statutes, is created
 2390  to read:
 2391         288.048Incumbent worker training for economic
 2392  development.—
 2393         (1)The Incumbent Worker Training Program is created within
 2394  Jobs Florida for the purpose of providing grant funding for
 2395  continuing education and training of incumbent employees at
 2396  existing Florida businesses. The program will provide
 2397  reimbursement grants to businesses that pay for preapproved,
 2398  direct, training-related costs.
 2399         (2)The Incumbent Worker Training Program is administered
 2400  by Jobs Florida in conjunction with Workforce Florida, Inc. Jobs
 2401  Florida, at its discretion, may contract with a private business
 2402  organization to serve as the grant administrator.
 2403         (3)To be eligible for the program’s grant funding, a
 2404  business must have been in operation in this state for at least
 2405  1 year before applying for grant funding; have at least one
 2406  full-time employee; demonstrate financial viability; and be
 2407  current on all state tax obligations. Priority for funding shall
 2408  be given to businesses having 25 or fewer employees, businesses
 2409  in rural areas, businesses in distressed inner-city areas,
 2410  businesses in a qualified targeted industry, businesses whose
 2411  grant proposals represent a significant upgrade in employee
 2412  skills, or businesses whose grant proposals represent a
 2413  significant layoff avoidance strategy.
 2414         (4)All costs reimbursed by the program must be preapproved
 2415  by Jobs Florida or the grant administrator. The program will not
 2416  reimburse businesses for trainee wages, the purchase of capital
 2417  equipment, or the purchase of any item or service that may be
 2418  used outside the training project. A business approved for a
 2419  grant may be reimbursed for preapproved, direct, training
 2420  related costs including tuition, fees, books and training
 2421  materials, and overhead or indirect costs not to exceed 5
 2422  percent of the grant amount.
 2423         (5)A business that is selected to receive grant funding
 2424  must provide a matching contribution to the training project,
 2425  including, but not limited to, wages paid to trainees or the
 2426  purchase of capital equipment used in the training project; must
 2427  sign an agreement with Jobs Florida or the grant administrator
 2428  to complete the training project as proposed in the application;
 2429  must keep accurate records of the project’s implementation
 2430  process; and must submit monthly or quarterly reimbursement
 2431  requests with required documentation.
 2432         (6)All Incumbent Worker Training Program grant projects
 2433  shall be performance-based with specific measurable performance
 2434  outcomes, including completion of the training project and job
 2435  retention. Jobs Florida or the grant administrator shall
 2436  withhold the final payment to the grantee until a final grant
 2437  report is submitted and all performance criteria specified in
 2438  the grant contract have been achieved.
 2439         (7)Jobs Florida may establish guidelines, in conjunction
 2440  with Workforce Florida, Inc., necessary to implement the
 2441  Incumbent Worker Training Program.
 2442         (8)No more than 10 percent of the Incumbent Worker
 2443  Training Program’s total appropriation may be used for overhead
 2444  or indirect purposes. Federal funds available for the program
 2445  are limited as set forth in s. 443.003(3).
 2446         Section 22. Section 288.061, Florida Statutes, is amended
 2447  to read:
 2448         288.061 Economic development incentive application
 2449  process.—
 2450         (1) Within 10 business days after receiving a submitted
 2451  economic development incentive application, the Division of
 2452  Strategic Business Development of Jobs Florida and designated
 2453  staff of the Jobs Florida Partnership Enterprise Florida, Inc.,
 2454  shall review the application and inform the applicant business
 2455  whether or not its application is complete, whether and what
 2456  type of state and local permits may be necessary for the
 2457  applicant’s project, whether it is possible to waive such
 2458  permits, and what state incentives and amounts of such
 2459  incentives may be available to the applicant. Within 10 business
 2460  days after the application is deemed complete, Enterprise
 2461  Florida, Inc., shall evaluate the application and recommend
 2462  approval or disapproval of the application to the director of
 2463  the Office of Tourism, Trade, and Economic Development. In
 2464  recommending an applicant business for approval, Enterprise
 2465  Florida, Inc., shall include in its evaluation a recommended
 2466  grant award amount and a review of the applicant’s ability to
 2467  meet specific program criteria.
 2468         (2) Within 14 business 10 calendar days after the initial
 2469  review and communication with the applicant, Jobs Florida shall
 2470  the Office of Tourism, Trade, and Economic Development receives
 2471  the evaluation and recommendation from Enterprise Florida, Inc.,
 2472  the Office shall notify Enterprise Florida, Inc., whether or not
 2473  the application is reviewable. Within 22 calendar days after the
 2474  Office receives the recommendation from Enterprise Florida,
 2475  Inc., the director of the Office shall review the application
 2476  and issue a letter of certification to the applicant which that
 2477  approves or disapproves an applicant business and includes a
 2478  justification of that decision, unless the business requests an
 2479  extension of that time.
 2480         (a) The final order or agreement with the applicant shall
 2481  specify the total amount of the award, the performance
 2482  conditions that must be met to obtain the award, and the
 2483  schedule for payment. Jobs Florida may enter into one agreement
 2484  or issue one final order covering all of the state incentives
 2485  that are being provided to the applicant.
 2486         (b) The release of funds for the incentive or incentives
 2487  awarded to the applicant depends upon the statutory requirements
 2488  of the particular incentive program.
 2489         Section 23. Section 288.095, Florida Statutes, is amended
 2490  to read:
 2491         288.095 Economic Development Trust Fund.—
 2492         (1) The Economic Development Trust Fund is created within
 2493  Jobs Florida the Office of Tourism, Trade, and Economic
 2494  Development. Moneys deposited into the fund must be used only to
 2495  support the authorized activities and operations of Jobs Florida
 2496  the Office.
 2497         (2) There is created, within the Economic Development Trust
 2498  Fund, the Economic Development Incentives Account. The Economic
 2499  Development Incentives Account consists of moneys appropriated
 2500  to the account for purposes of the tax incentives programs
 2501  authorized under ss. 288.1045 and 288.106; the, and local
 2502  financial support provided under ss. 288.1045 and 288.106; and
 2503  the federal funds designated for purposes of s. 288.048. Moneys
 2504  in the Economic Development Incentives Account shall be subject
 2505  to the provisions of s. 216.301(1)(a). Federal funds set aside
 2506  for the incumbent worker training program under s. 288.048 may
 2507  not be used for any other economic development program.
 2508         (3)(a) Jobs Florida The Office of Tourism, Trade, and
 2509  Economic Development may approve applications for certification
 2510  pursuant to ss. 288.1045(3) and 288.106. However, the total
 2511  state share of tax refund payments scheduled in all active
 2512  certifications for fiscal year 2001-2002 may not exceed $30
 2513  million. The total for each subsequent fiscal year may not
 2514  exceed $35 million.
 2515         (b) The total amount of tax refund claims approved for
 2516  payment by Jobs Florida the Office of Tourism, Trade, and
 2517  Economic Development based on actual project performance may not
 2518  exceed the amount appropriated to the Economic Development
 2519  Incentives Account for such purposes for the fiscal year. Claims
 2520  for tax refunds under ss. 288.1045 and 288.106 shall be paid in
 2521  the order the claims are approved by Jobs Florida the Office of
 2522  Tourism, Trade, and Economic Development. In the event the
 2523  Legislature does not appropriate an amount sufficient to satisfy
 2524  the tax refunds under ss. 288.1045 and 288.106 in a fiscal year,
 2525  Jobs Florida the Office of Tourism, Trade, and Economic
 2526  Development shall pay the tax refunds from the appropriation for
 2527  the following fiscal year. By March 1 of each year, Jobs Florida
 2528  the Office of Tourism, Trade, and Economic Development shall
 2529  notify the legislative appropriations committees of the Senate
 2530  and House of Representatives of any anticipated shortfall in the
 2531  amount of funds needed to satisfy claims for tax refunds from
 2532  the appropriation for the current fiscal year.
 2533         (c) Pursuant to s. 288.907 By December 31 of each year,
 2534  Jobs Florida Enterprise Florida, Inc., shall submit a complete
 2535  and detailed annual report to the Governor, the President of the
 2536  Senate, and the Speaker of the House of Representatives, and the
 2537  director of the Office of Tourism, Trade, and Economic
 2538  Development of all applications received, recommendations made
 2539  to Jobs Florida the Office of Tourism, Trade, and Economic
 2540  Development, final decisions issued, tax refund agreements
 2541  executed, and tax refunds paid or other payments made under all
 2542  programs funded out of the Economic Development Incentives
 2543  Account, including analyses of benefits and costs, types of
 2544  projects supported, and employment and investment created. Jobs
 2545  Florida Enterprise Florida, Inc., shall also include a separate
 2546  analysis of the impact of such tax refunds on state enterprise
 2547  zones designated pursuant to s. 290.0065, rural communities,
 2548  brownfield areas, and distressed urban communities. The report
 2549  must also discuss the efforts made by Jobs Florida the Office of
 2550  Tourism, Trade, and Economic Development to amend tax refund
 2551  agreements to require tax refund claims to be submitted by
 2552  January 31 for the net new full-time equivalent jobs in this
 2553  state as of December 31 of the preceding calendar year. The
 2554  report must also list the name and tax refund amount for each
 2555  business that has received a tax refund under s. 288.1045 or s.
 2556  288.106 during the preceding fiscal year. The Office of Tourism,
 2557  Trade, and Economic Development shall assist Enterprise Florida,
 2558  Inc., in the collection of data related to business performance
 2559  and incentive payments.
 2560         (d) Moneys in the Economic Development Incentives Account
 2561  may be used only to pay tax refunds and make other payments
 2562  authorized for the programs identified by law under s. 288.1045,
 2563  s. 288.106, or s. 288.107.
 2564         (e) Jobs Florida The Office of Tourism, Trade, and Economic
 2565  Development may adopt rules necessary to carry out the
 2566  provisions of this subsection, including rules providing for the
 2567  use of moneys in the Economic Development Incentives Account and
 2568  for the administration of the Economic Development Incentives
 2569  Account.
 2570         Section 24. Section 288.1081, Florida Statutes, is amended
 2571  to read:
 2572         288.1081 Economic Gardening Business Loan Pilot Program.—
 2573         (1) There is created within Jobs Florida the Office of
 2574  Tourism, Trade, and Economic Development the Economic Gardening
 2575  Business Loan Pilot Program. The purpose of the pilot program is
 2576  to stimulate investment in Florida’s economy by providing loans
 2577  to expanding businesses in the state. As used in this section,
 2578  the term “office” means the Office of Tourism, Trade, and
 2579  Economic Development.
 2580         (2) The Legislature finds that it is vital to the overall
 2581  health and growth of the state’s economy to promote favorable
 2582  conditions for expanding Florida businesses that demonstrate the
 2583  ability to grow. The Legislature further finds that, due to the
 2584  current extraordinary economic challenges confronting the state,
 2585  there exists a public purpose in expending state resources to
 2586  stimulate investment in Florida’s economy. It is therefore the
 2587  intent of the Legislature that resources be provided for the
 2588  loan pilot program.
 2589         (3)(a) To be eligible for a loan under the pilot program,
 2590  an applicant must be a business eligible for assistance under
 2591  the Economic Gardening Technical Assistance Pilot Program as
 2592  provided in s. 288.1082(4)(a).
 2593         (b) A loan applicant must submit a written application to
 2594  the loan administrator in the format prescribed by the loan
 2595  administrator. The application must include:
 2596         1. The applicant’s federal employer identification number,
 2597  unemployment account number, and sales or other tax registration
 2598  number.
 2599         2. The street address of the applicant’s principal place of
 2600  business in this state.
 2601         3. A description of the type of economic activity, product,
 2602  or research and development undertaken by the applicant,
 2603  including the six-digit North American Industry Classification
 2604  System code for each type of economic activity conducted by the
 2605  applicant.
 2606         4. The applicant’s annual revenue, number of employees,
 2607  number of full-time equivalent employees, and other information
 2608  necessary to verify the applicant’s eligibility for the
 2609  technical assistance pilot program under s. 288.1082(4)(a).
 2610         5. The projected investment in the business, if any, which
 2611  the applicant proposes in conjunction with the loan.
 2612         6. The total investment in the business from all sources,
 2613  if any, which the applicant proposes in conjunction with the
 2614  loan.
 2615         7. The number of net new full-time equivalent jobs that, as
 2616  a result of the loan, the applicant proposes to create in this
 2617  state as of December 31 of each year and the average annual wage
 2618  of the proposed jobs.
 2619         8. The total number of full-time equivalent employees the
 2620  applicant currently employs in this state.
 2621         9. The date that the applicant anticipates it needs the
 2622  loan.
 2623         10. A detailed explanation of why the loan is needed to
 2624  assist the applicant in expanding jobs in the state.
 2625         11. A statement that all of the applicant’s available
 2626  corporate assets are pledged as collateral for the amount of the
 2627  loan.
 2628         12. A statement that the applicant, upon receiving the
 2629  loan, agrees not to seek additional long-term debt without prior
 2630  approval of the loan administrator.
 2631         13. A statement that the loan is a joint obligation of the
 2632  business and of each person who owns at least 20 percent of the
 2633  business.
 2634         14. Any additional information requested by Jobs Florida
 2635  the office or the loan administrator.
 2636         (c) The loan administrator, after verifying the accuracy of
 2637  a submitted application, shall award the loan to the applicant
 2638  if the administrator determines that the applicant, as compared
 2639  to other applicants submitting applications, is in the best
 2640  position to use the loan to continue making a successful long
 2641  term business commitment to the state. The loan administrator
 2642  also shall consider the following factors:
 2643         1. Whether the applicant has applied for or received
 2644  incentives from local governments;
 2645         2. Whether the applicant has applied for or received
 2646  waivers of taxes, impact fees, or other fees or charges by local
 2647  governments; and
 2648         3. What other sources of investments or financing for the
 2649  project that is the subject of the loan application will be
 2650  available to the applicant.
 2651         (d) A borrower awarded a loan under this section and the
 2652  loan administrator must enter into a loan agreement that
 2653  provides for the borrower’s repayment of the loan.
 2654         (4) The following terms apply to a loan received under the
 2655  pilot program:
 2656         (a) The maximum amount of the loan is $250,000.
 2657         (b) The proceeds of the loan may be used for working
 2658  capital purchases, employee training, or salaries for newly
 2659  created jobs in the state.
 2660         (c) The security interest for the loan’s collateral
 2661  covering all of the borrower’s available corporate assets to
 2662  cover the amount of the loan must be perfected by recording a
 2663  lien under the Uniform Commercial Code.
 2664         (d) The period of the loan is 4 years.
 2665         (e) The interest rate of the loan is 2 percent. However, if
 2666  the borrower does not create the projected number of jobs within
 2667  the terms of the loan agreement, the interest rate shall be
 2668  increased for the remaining period of the loan to the prime rate
 2669  published in the Wall Street Journal, as of the date specified
 2670  in the loan agreement, plus 4 percentage points. The loan
 2671  agreement may provide flexibility in meeting the projected
 2672  number of jobs for delays due to governmental regulatory issues,
 2673  including, but not limited to, permitting.
 2674         (f) For the first 12 months of the loan, payment is due for
 2675  interest only, payable during the twelfth month. Thereafter,
 2676  payment for interest and principal is due each month until the
 2677  loan is paid in full. Interest and principal payments are based
 2678  on the unpaid balance of the total loan amount.
 2679         (5)(a) Jobs Florida the Office may designate one or more
 2680  qualified entities to serve as loan administrators for the pilot
 2681  program. A loan administrator must:
 2682         1. Be a Florida corporation not for profit incorporated
 2683  under chapter 617 which has its principal place of business in
 2684  the state.
 2685         2. Have 5 years of verifiable experience of lending to
 2686  businesses in this state.
 2687         3. Submit an application to Jobs Florida the Office on
 2688  forms prescribed by Jobs Florida the Office. The application
 2689  must include the loan administrator’s business plan for its
 2690  proposed lending activities under the pilot program, including,
 2691  but not limited to, a description of its outreach efforts,
 2692  underwriting, credit policies and procedures, credit decision
 2693  processes, monitoring policies and procedures, and collection
 2694  practices; the membership of its board of directors; and samples
 2695  of its currently used loan documentation. The application must
 2696  also include a detailed description and supporting documentation
 2697  of the nature of the loan administrator’s partnerships with
 2698  local or regional economic and business development
 2699  organizations.
 2700         (b) Jobs Florida The Office, upon selecting a loan
 2701  administrator, shall enter into a grant agreement with the
 2702  administrator to issue the available loans to eligible
 2703  applicants. The grant agreement must specify the aggregate
 2704  amount of the loans authorized for award by the loan
 2705  administrator. The term of the grant agreement must be at least
 2706  4 years, except that Jobs Florida the Office may terminate the
 2707  agreement earlier if the loan administrator fails to meet
 2708  minimum performance standards set by Jobs Florida the office.
 2709  The grant agreement may be amended by mutual consent of both
 2710  parties.
 2711         (c) Jobs Florida The Office shall disburse from the
 2712  Economic Development Trust Fund to the loan administrator the
 2713  appropriations provided for the pilot program. Disbursements to
 2714  the loan administrator must not exceed the aggregate amount of
 2715  the loans authorized in the grant agreement. Jobs Florida the
 2716  Office may not disburse more than 50 percent of the aggregate
 2717  amount of the loans authorized in the grant agreement until Jobs
 2718  Florida the Office verifies the borrowers’ use of the loan
 2719  proceeds and the loan administrator’s successful credit
 2720  decisionmaking policies.
 2721         (d) A loan administrator is entitled to receive a loan
 2722  origination fee, payable at closing, of 1 percent of each loan
 2723  issued by the loan administrator and a servicing fee of 0.625
 2724  percent per annum of the loan’s outstanding principal balance,
 2725  payable monthly. During the first 12 months of the loan, the
 2726  servicing fee shall be paid from the disbursement from the
 2727  Economic Development Trust Fund, and thereafter the loan
 2728  administrator shall collect the servicing fee from the payments
 2729  made by the borrower, charging the fee against repayments of
 2730  principal.
 2731         (e) A loan administrator, after collecting the servicing
 2732  fee in accordance with paragraph (d), shall use remit the
 2733  borrower’s collected interest, principal payments, and charges
 2734  for late payments to provide additional loans to eligible
 2735  borrowers under this section the office on a quarterly basis. If
 2736  the borrower defaults on the loan, the loan administrator shall
 2737  initiate collection efforts to seek repayment of the loan. The
 2738  loan administrator may, upon collecting payments for a defaulted
 2739  loan, deduct the costs of the administrator’s collection efforts
 2740  shall remit the payments to the office but, to the extent
 2741  authorized in the grant agreement, and shall use the remaining
 2742  payments to provide additional loans to eligible borrowers under
 2743  this section may deduct the costs of the administrator’s
 2744  collection efforts. The Office shall deposit all funds received
 2745  under this paragraph in the General Revenue Fund.
 2746         (f) A loan administrator shall submit quarterly reports to
 2747  Jobs Florida the Office which include the information required
 2748  in the grant agreement. A quarterly report must include, at a
 2749  minimum, the number of full-time equivalent jobs created as a
 2750  result of the loans, the amount of wages paid to employees in
 2751  the newly created jobs, and the locations and types of economic
 2752  activity undertaken by the borrowers.
 2753         (6) All notes, mortgages, security agreements, letters of
 2754  credit, or other instruments that are given to secure the
 2755  repayment of loans issued in connection with the financing of
 2756  any loan under the program, without regard to the status of any
 2757  party thereto as a private party, are exempt from taxation by
 2758  the state and its political subdivisions. The exemption granted
 2759  in this subsection does not apply to any tax imposed by chapter
 2760  220 on interest, income, or profits on debt obligations owned by
 2761  corporations.
 2762         (7) Jobs Florida The Office shall adopt rules under ss.
 2763  120.536(1) and 120.54 to administer this section. To the extent
 2764  necessary to expedite implementation of the pilot program, the
 2765  Office may adopt initial emergency rules for the pilot program
 2766  in accordance with s. 120.54(4).
 2767         (8) On June 30 and December 31 of each year, Jobs Florida
 2768  beginning in 2009, the Office shall submit a report to the
 2769  Governor, the President of the Senate, and the Speaker of the
 2770  House of Representatives which describes in detail the use of
 2771  the loan funds. The report must include, at a minimum, the
 2772  number of businesses receiving loans, the number of full-time
 2773  equivalent jobs created as a result of the loans, the amount of
 2774  wages paid to employees in the newly created jobs, the locations
 2775  and types of economic activity undertaken by the borrowers, the
 2776  amounts of loan repayments made to date, and the default rate of
 2777  borrowers.
 2778         (9) Unexpended balances of appropriations provided for the
 2779  loan pilot program shall not revert to the fund from which the
 2780  appropriation was made at the end of a fiscal year but shall be
 2781  retained in the Economic Development Trust Fund and be carried
 2782  forward for expenditure for the pilot program during the
 2783  following fiscal year. A loan administrator may not award a new
 2784  loan or enter into a loan agreement after June 30, 2011.
 2785  Balances of appropriations provided for the pilot program which
 2786  remain unexpended as of July 1, 2011, shall revert to the
 2787  General Revenue Fund.
 2788         (10) This section is repealed July 1, 2016, unless reviewed
 2789  and reenacted by the Legislature before that date.
 2790         Section 25. Section 288.1082, Florida Statutes, is amended
 2791  to read:
 2792         288.1082 Economic Gardening Technical Assistance Pilot
 2793  Program.—
 2794         (1) There is created within Jobs Florida The Office of
 2795  Tourism, Trade, and Economic Development the Economic Gardening
 2796  Technical Assistance Pilot Program. The purpose of the pilot
 2797  program is to stimulate investment in Florida’s economy by
 2798  providing technical assistance for expanding businesses in the
 2799  state. As used in this section, the term “Office” means the
 2800  Office of Tourism, Trade, and Economic Development.
 2801         (2) Jobs Florida The Office shall contract with one or more
 2802  entities to administer the technical assistance pilot program
 2803  under this section. Jobs Florida The Office shall award each
 2804  contract in accordance with the competitive bidding requirements
 2805  in s. 287.057 to an entity that demonstrates the ability to
 2806  implement the pilot program on a statewide basis, has an
 2807  outreach plan, and has the ability to provide counseling
 2808  services, access to technology and information, marketing
 2809  services and advice, business management support, and other
 2810  similar services. In selecting these entities, Jobs Florida the
 2811  Office also must consider whether the entities will qualify for
 2812  matching funds to provide the technical assistance.
 2813         (3) A contracted entity administering the pilot program
 2814  shall provide technical assistance for eligible businesses which
 2815  includes, but is not limited to:
 2816         (a) Access to free or affordable information services and
 2817  consulting services, including information on markets,
 2818  customers, and competitors, such as business databases,
 2819  geographic information systems, and search engine marketing.
 2820         (b) Development of business connections, including
 2821  interaction and exchange among business owners and resource
 2822  providers, such as trade associations, think tanks, academic
 2823  institutions, business roundtables, peer-to-peer learning
 2824  sessions, and mentoring programs.
 2825         (4)(a) To be eligible for assistance under the pilot
 2826  program, a business must be a for-profit, privately held,
 2827  investment-grade business that employs at least 10 persons but
 2828  not more than 50 persons, has maintained its principal place of
 2829  business in the state for at least the previous 2 years,
 2830  generates at least $1 million but not more than $25 million in
 2831  annual revenue, qualifies for the tax refund program for
 2832  qualified target industry businesses under s. 288.106, and,
 2833  during 3 of the previous 5 years, has increased both its number
 2834  of full-time equivalent employees in this state and its gross
 2835  revenues.
 2836         (b) The A contracted entity administering the pilot
 2837  program, in selecting the eligible businesses to receive
 2838  assistance, shall choose businesses in more than one industry
 2839  cluster and, to the maximum extent practicable, shall choose
 2840  businesses that are geographically distributed throughout
 2841  Florida or are in partnership with businesses that are
 2842  geographically distributed throughout Florida.
 2843         (5)(a) A business receiving assistance under the pilot
 2844  program must enter into an agreement with the contracted entity
 2845  administering the program to establish the business’s commitment
 2846  to participation in the pilot program. The agreement must
 2847  require, at a minimum, that the business:
 2848         1. Attend a minimum number of meetings between the business
 2849  and the contracted entity administering the pilot program.
 2850         2. Report job creation data in the manner prescribed by the
 2851  contracted entity administering the pilot program.
 2852         3. Provide financial data in the manner prescribed by the
 2853  contracted entity administering the program.
 2854         (b) Jobs Florida The office or the contracted entity
 2855  administering the pilot program may prescribe in the agreement
 2856  additional reporting requirements that are necessary to track
 2857  the progress of the business and monitor the business’s
 2858  implementation of the assistance. The contracted entity shall
 2859  report the information to Jobs Florida the office on a quarterly
 2860  basis.
 2861         (6) The A contracted entity administering the pilot program
 2862  is authorized to promote the general business interests or
 2863  industrial interests of the state.
 2864         (7) Jobs Florida The Office shall review the progress of
 2865  the a contracted entity administering the pilot program at least
 2866  once each 6 months and shall determine whether the contracted
 2867  entity is meeting its contractual obligations for administering
 2868  the pilot program. Jobs Florida The Office may terminate and
 2869  rebid a contract if the contracted entity does not meet its
 2870  contractual obligations.
 2871         (8) On December 31 of each year, Jobs Florida beginning in
 2872  2009, the Office shall submit a report to the Governor, the
 2873  President of the Senate, and the Speaker of the House of
 2874  Representatives which describes in detail the progress of the
 2875  pilot program. The report must include, at a minimum, the number
 2876  of businesses receiving assistance, the number of full-time
 2877  equivalent jobs created as a result of the assistance, if any,
 2878  the amount of wages paid to employees in the newly created jobs,
 2879  and the locations and types of economic activity undertaken by
 2880  the businesses.
 2881         (9) Jobs Florida the Office may adopt rules under ss.
 2882  120.536(1) and 120.54 to administer this section.
 2883         Section 26. The Division of Statutory Revision is requested
 2884  to rename part VII of chapter 288, Florida Statutes, consisting
 2885  of ss. 288.901-288.9415, Florida Statutes, as “Jobs Florida
 2886  Partnership,” Inc.
 2887         Section 27. Section 288.901, Florida Statutes, is amended
 2888  to read:
 2889         (Substantial rewording of section. See
 2890         s. 288.901, F.S., for present text.)
 2891         288.901 Jobs Florida Partnership, Inc.—
 2892         (1)CREATION.—
 2893         (a) There is created a nonprofit corporation, to be known
 2894  as “Jobs Florida Partnership, Inc.,” which shall be registered,
 2895  incorporated, organized, and operated in compliance with chapter
 2896  617, and which is not a unit or entity of state government.
 2897         (b) However, the Legislature determines it is in the best
 2898  interest of the state and reflects the state’s public policy
 2899  that Jobs Florida Partnership, Inc., operate in the most open
 2900  and accessible manner consistent with its public purposes. To
 2901  this end, the Legislature specifically declares that Jobs
 2902  Florida Partnership, Inc., and its divisions, boards and
 2903  advisory councils, or similar entities created or managed by the
 2904  Jobs Florida Partnership, Inc., are subject to the provisions of
 2905  chapter 119, relating to public records and those provisions of
 2906  chapter 286 relating to public meetings and records.
 2907         (c) Additionally, the Legislature determines that it is in
 2908  the public interest for the members of the Jobs Florida
 2909  Partnership, Inc., board of directors to be subject to the
 2910  requirements of ss. 112.3135, 112.3143, and 112.313, excluding
 2911  s. 112.313(2), notwithstanding the fact that the board members
 2912  are not public officers or employees. For purposes of those
 2913  sections, the board members shall be considered to be public
 2914  officers or employees. The exemption set forth in s. 212.313(12)
 2915  for advisory boards applies to the members of the Jobs Florida
 2916  Partnership, Inc., board of directors. Further, each member of
 2917  the board of directors who is not otherwise required to file
 2918  financial disclosures pursuant to s. 8, Art. II of the State
 2919  Constitution or s. 112.3144, shall file disclosure of financial
 2920  interests pursuant to s. 112.3145.
 2921         (2) PURPOSES.—Jobs Florida Partnership, Inc., hereafter
 2922  referred to as the partnership in this part, will act as an
 2923  economic-development organization for the state, utilizing
 2924  private-sector and public-sector expertise in collaboration with
 2925  Jobs Florida to:
 2926         (a) Increase private investment in Florida;
 2927         (b) Advance international and domestic trade opportunities;
 2928         (c) Market the state both as a pro-business location for
 2929  new investment and as an unparalleled tourist destination;
 2930         (d) Revitalize Florida’s space and aerospace industries,
 2931  and promote emerging complementary industries;
 2932         (e) Promote opportunities for minority-owned businesses;
 2933  and
 2934         (f) Assist and market professional and amateur sport teams
 2935  and sporting events in Florida.
 2936         (3) PERFORMANCE.—The partnership shall enter into a
 2937  performance-based agreement with Jobs Florida, pursuant to s.
 2938  20.60, which includes annual measurements of the partnership’s
 2939  performance.
 2940         (4) GOVERNANCE.—The partnership shall be governed by an 11
 2941  member board of directors. The Governor shall serve on the board
 2942  as the chair, and shall appoint four other members. Three
 2943  members shall be appointed by the President of the Senate, and
 2944  three shall be appointed by the Speaker of the House of
 2945  Representatives. All appointees are subject to Senate
 2946  confirmation.
 2947         (a) In making their appointments, the Governor, the
 2948  President of the Senate, and the Speaker of the House of
 2949  Representatives shall ensure that the composition of the board
 2950  of directors reflects the diversity of Florida’s business
 2951  community and is representative of the economic development
 2952  goals in subsection (2). The board must include at least one
 2953  director for each of the following areas of expertise:
 2954  international business, tourism marketing, the space or
 2955  aerospace industry, managing or financing a minority-owned
 2956  business, manufacturing, finance and accounting, and sports
 2957  marketing.
 2958         (b) The Governor, the President of the Senate, and the
 2959  Speaker of the House of Representatives also shall consider
 2960  appointees who reflect Florida’s racial, ethnic, and gender
 2961  diversity, as well as the geographic distribution, of the
 2962  population of the state.
 2963         (c) Appointed members shall be appointed to 4-year terms,
 2964  except that initially, to provide for staggered terms, the
 2965  Governor, the President of the Senate, and the Speaker of the
 2966  House of Representatives shall each appoint one member to serve
 2967  a 2-year term and one member to serve a 3-year term, with the
 2968  remaining initial appointees serving 4-year terms. All
 2969  subsequent appointments shall be for 4-year terms.
 2970         (d) Initial appointments must be made by October 1, 2011,
 2971  and be eligible for confirmation at the earliest available
 2972  Senate session. Terms end on September 30.
 2973         (e) Any member is eligible for reappointment, except that a
 2974  member may not serve more than two terms.
 2975         (f)A vacancy on the board of directors shall be filled for
 2976  the remainder of the unexpired term. Vacancies on the board
 2977  shall be filled by appointment by the Governor, the President of
 2978  the Senate, or the Speaker of the House of Representatives,
 2979  respectively, depending on who appointed the member whose
 2980  vacancy is to be filled or whose term has expired.
 2981         (g) Appointed members may be removed by the Governor, the
 2982  President of the Senate, or the Speaker of the House of
 2983  Representatives, respectively, for cause. Absence from three
 2984  consecutive meetings results in automatic removal.
 2985         (5) AT-LARGE BOARD MEMBERS.—Notwithstanding the provisions
 2986  of subsection (4), the board of directors may by resolution
 2987  appoint up to 10 at-large members to the board from the private
 2988  sector, each of whom may serve a term of up to 3 years. At-large
 2989  members shall have the powers and duties of other members of the
 2990  board. An at-large member is eligible for reappointment but may
 2991  not vote on his or her own reappointment. An at-large member
 2992  shall be eligible to fill vacancies occurring among private
 2993  sector appointees under subsection (4). At-large members may
 2994  annually provide contributions to the partnership, in an amount
 2995  determined by the 11-member board established in subsection (4).
 2996  The contributions must be used to defray the partnership’s
 2997  operating expenses and help meet the required private match to
 2998  the state’s annual appropriation.
 2999         (6)EX OFFICIO BOARD MEMBERS.—
 3000         (a) The commissioner of the Department of Jobs Florida
 3001  shall be an ex officio, nonvoting member of the board of
 3002  directors.
 3003         (b) The chair of each advisory council for a division shall
 3004  be an ex officio, nonvoting member of the board of directors.
 3005         (c) The chair of the advisory council for Space Florida
 3006  shall be an ex officio, nonvoting member of the board of
 3007  directors.
 3008         (7)MEETING.—The board of directors shall biennially elect
 3009  one of its members as vice chairperson. The board of directors
 3010  shall meet at least four times each year, upon the call of the
 3011  chairperson, at the request of the vice chairperson, or at the
 3012  request of a majority of the membership. A majority of the total
 3013  number of current voting directors shall constitute a quorum.
 3014  The board of directors may take official action by a majority
 3015  vote of the members present at any meeting at which a quorum is
 3016  present.
 3017         (8) SERVICE.—Members of the board of directors shall serve
 3018  without compensation, except for members of Jobs Florida
 3019  Partnership, Inc., and the advisory councils created in s.
 3020  288.92, but are entitled to reimbursement for all reasonable,
 3021  necessary, and actual expenses, as determined by the board of
 3022  directors.
 3023         (9) PROHIBITION.—The partnership may not endorse any
 3024  candidate for any elected public office or contribute moneys to
 3025  the campaign of any such candidate.
 3026         Section 28. Section 288.9015, Florida Statutes, is amended
 3027  to read:
 3028         (Substantial rewording of section. See
 3029         s. 288.9015, F.S., for present text.)
 3030         288.9015Powers of the Jobs Florida Partnership, Inc.;
 3031  board of directors.—
 3032         (1) The partnership shall integrate its efforts in business
 3033  recruitment and expansion, job creation, marketing the state for
 3034  tourism and sports, and promoting economic opportunities for
 3035  minority-owned businesses and promoting economic opportunities
 3036  for rural and distressed urban communities with those of the
 3037  commissioner of the Department of Jobs Florida, to create an
 3038  aggressive, agile, and collaborative effort to reinvigorate the
 3039  state’s economy.
 3040         (2) The partnership’s board of directors may:
 3041         (a) Secure funding for its programs and activities, and for
 3042  its boards from federal, state, local, and private sources and
 3043  from fees charged for services and published materials.
 3044         (b) Solicit, receive, hold, invest, and administer any
 3045  grant, payment, or gift of funds or property and make
 3046  expenditures consistent with the powers granted to it.
 3047         (c) Make and enter into contracts and other instruments
 3048  necessary or convenient for the exercise of its powers and
 3049  functions. A contract executed by the partnership with a person
 3050  or organization under which such person or organization agrees
 3051  to perform economic development services or similar business-
 3052  assistance services on behalf of the partnership or the state
 3053  must include provisions requiring a performance report on the
 3054  contracted activities and must account for the proper use of
 3055  funds provided under the contract, coordinate with other
 3056  components of state and local economic development systems, and
 3057  avoid duplication of existing state and local services and
 3058  activities.
 3059         (d) Elect or appoint such officers, employees, and agents
 3060  as required for its activities and for its divisions and pay
 3061  such persons reasonable compensation.
 3062         (e) Carry forward any unexpended state appropriations into
 3063  succeeding fiscal years.
 3064         (f) Except for the divisions and advisory councils created
 3065  in s. 288.92, create and dissolve advisory divisions, working
 3066  groups, task forces, or similar organizations, as necessary to
 3067  carry out its mission. Members of advisory divisions, working
 3068  groups, task forces, or similar organizations created by the
 3069  partnership shall serve without compensation, but may be
 3070  reimbursed for reasonable, necessary, and actual expenses, as
 3071  determined by the partnership’s board of directors.
 3072         (g) Sue and be sued, and appear and defend in all actions
 3073  and proceedings, in its corporate name to the same extent as a
 3074  natural person.
 3075         (h) Adopt, use, and alter a common corporate seal for the
 3076  partnership and its divisions. Notwithstanding any provision of
 3077  chapter 617 to the contrary, this seal is not required to
 3078  contain the words “corporation not for profit.”
 3079         (i) Adopt, amend, and repeal bylaws, not inconsistent with
 3080  the powers granted to it or the articles of incorporation, for
 3081  the administration of the partnership’s activities and the
 3082  exercise of its corporate powers.
 3083         (j) Acquire, enjoy, use, and dispose of patents,
 3084  copyrights, and trademarks and any licenses, royalties, and
 3085  other rights or interests thereunder or therein.
 3086         (k) Use the state seal, notwithstanding the provisions of
 3087  s. 15.03, when appropriate, for standard corporate identity
 3088  applications. Use of the state seal is not intended to replace
 3089  use of a corporate seal as provided in this section.
 3090         (l) Procure insurance or require bond against any loss in
 3091  connection with the property of the partnership and its
 3092  divisions, in such amounts and from such insurers as is
 3093  necessary or desirable.
 3094         (3) The powers granted to the partnership shall be
 3095  liberally construed in order that the partnership may pursue and
 3096  succeed in its responsibilities under this part.
 3097         (4) Under no circumstances may the credit of the State of
 3098  Florida be pledged on behalf of the partnership.
 3099         (5) In addition to any indemnification available under
 3100  chapter 617, the partnership may indemnify, and purchase and
 3101  maintain insurance on behalf of, it directors, officers, and
 3102  employees of the partnership and its divisions against any
 3103  personal liability or accountability by reason of actions taken
 3104  while acting within the scope of their authority.
 3105         Section 29. Section 288.903, Florida Statutes, is amended
 3106  to read:
 3107         (Substantial rewording of section. See
 3108         s. 288.903, F.S., for present text.)
 3109         288.903 Duties of the Jobs Florida Partnership, Inc.—The
 3110  partnership shall have the following duties:
 3111         (1) Responsibly and prudently manage all public and private
 3112  funds received, and ensure that the use of such funds is in
 3113  accordance with all applicable laws, bylaws, or contractual
 3114  requirements.
 3115         (2) Administer the entities or programs created pursuant to
 3116  part IX of this chapter; ss. 288.9622-288.9624; ss. 288.95155
 3117  and 288.9519; and chapter 95-429, Laws of Florida, line 1680Y.
 3118         (3) Prepare an annual report pursuant to s. 288.906 and an
 3119  annual incentives report pursuant to s. 288.907.
 3120         (4) Assist Jobs Florida with the development of an annual
 3121  and a long-range strategic business blueprint for economic
 3122  development.
 3123         (5) In coordination with Workforce Florida, Inc., identify
 3124  education and training programs that will ensure Florida
 3125  businesses have access to a skilled and competent workforce
 3126  necessary to compete successfully in the domestic and global
 3127  marketplace.
 3128         (6) Assist the Office of Property Management within the
 3129  Division of Strategic Business Development of Jobs Florida in
 3130  managing any state-owned property or assets that are essential
 3131  to the activities of its various boards.
 3132         Section 30. Section 288.904, Florida Statutes, is amended
 3133  to read:
 3134         (Substantial rewording of section. See
 3135         s. 288.904, F.S., for present text.)
 3136         288.904 Funding for the Jobs Florida Partnership, Inc.;
 3137  return on the public’s investment.—
 3138         (1)(a) The Legislature may annually appropriate to the
 3139  partnership a sum of money for its operations, and separate
 3140  line-item appropriations for each of the divisions and Space
 3141  Florida listed in s. 288.92.
 3142         (b) The Legislature finds that it is a priority to maximize
 3143  private-sector support in operating the partnership and its
 3144  divisions, as an endorsement of its value and as an enhancement
 3145  of its efforts. Thus, the state appropriations must be matched
 3146  with private-sector support equal to at least 35 percent of the
 3147  state funding.
 3148         (c) Private-sector support in operating the partnership and
 3149  its divisions includes:
 3150         1. Cash given directly to the partnership for its
 3151  operations, including contributions from at-large members of the
 3152  board of directors;
 3153         2. Cash donations from the divisions’ advisory councils or
 3154  from organizations assisted by the divisions;
 3155         3. Cash jointly raised by the partnership and a private
 3156  local economic development organization, a group of such
 3157  organizations, or a statewide private business organization that
 3158  supports collaborative projects;
 3159         4. Cash generated by fees charged for products or services
 3160  of the partnership and its divisions by sponsorship of events,
 3161  missions, programs, and publications; and
 3162         5. Copayments, stock, warrants, royalties, or other private
 3163  resources dedicated to the partnership or its divisions.
 3164         (2)(a) The state’s operating investment in the partnership
 3165  and its divisions is the budget contracted by Jobs Florida to
 3166  the partnership, less any funding that is directed by the
 3167  Legislature to be subcontracted to a specific recipient entity.
 3168         (b) The partnership’s board of directors shall adopt for
 3169  each upcoming fiscal year an operating budget for the
 3170  organization, including its divisions, which specifies the
 3171  intended uses of the state’s operating investment and a plan for
 3172  securing private-sector support.
 3173         (3) The partnership shall fully comply with the performance
 3174  measures, standards, and sanctions in its contract with Jobs
 3175  Florida, under s. 20.60. Jobs Florida shall ensure, to the
 3176  maximum extent possible, that the contract performance measures
 3177  are consistent with performance measures that it is required to
 3178  develop and track under performance-based program budgeting. The
 3179  contract shall also include performance measures for the
 3180  divisions.
 3181         (4) The Legislature intends to review the partnership’s
 3182  performance in achieving the performance goals stated in its
 3183  annual agreement with Jobs Florida to determine whether the
 3184  public is receiving a positive return on its investment in the
 3185  partnership and its divisions. It also is the intent of the
 3186  Legislature that the partnership coordinate its operations with
 3187  local economic development organizations to maximize the state
 3188  and local return on investment to create jobs for Floridians.
 3189         (5) As part of the annual report required under s. 288.906,
 3190  the partnership shall provide the Legislature with information
 3191  quantifying the return on the public’s investment as described
 3192  in this section each fiscal year.
 3193         (6) The partnership, in consultation with the Office of
 3194  Economic and Demographic Research, shall hire an economic
 3195  analysis firm to develop the methodology for establishing and
 3196  reporting the return on the public’s investment and in-kind
 3197  contributions as described in this section and shall hire a firm
 3198  experienced in survey research to develop, analyze, and report
 3199  on the results of the customer-satisfaction survey conducted
 3200  pursuant to s. 288.906. The Office of Economic and Demographic
 3201  Research shall review and offer feedback on the methodology
 3202  before it is implemented.
 3203         Section 31. Section 288.905, Florida Statutes, is amended
 3204  to read:
 3205         (Substantial rewording of section. See
 3206         s. 288.905, F.S., for present text.)
 3207         288.905President and employees of the Jobs Florida
 3208  Partnership, Inc.—
 3209         (1) The partnership’s board of directors shall appoint a
 3210  president, who shall serve at the pleasure of the Governor. The
 3211  board of directors shall establish and adjust the president’s
 3212  compensation. The president shall also be known as the “commerce
 3213  secretary.”
 3214         (2)The president is the chief administrative and
 3215  operational officer of the board of directors and of the
 3216  partnership, and shall direct and supervise the administrative
 3217  affairs of the board of directors and any divisions, councils,
 3218  or boards. The board of directors may delegate to the president
 3219  those powers and responsibilities it deems appropriate,
 3220  including hiring and management of all staff, except for the
 3221  appointment of a president.
 3222         (3) No employee of the partnership may receive compensation
 3223  for employment that exceeds the salary paid to the Governor,
 3224  unless the board of directors and the employee have executed a
 3225  contract that prescribes specific, measurable performance
 3226  outcomes for the employee, the satisfaction of which provides
 3227  the basis for the award of incentive payments that increase the
 3228  employee’s total compensation to a level above the salary paid
 3229  to the Governor.
 3230         Section 32. Section 288.906, Florida Statutes, is amended
 3231  to read:
 3232         (Substantial rewording of section. See
 3233         s. 288.906, F.S., for present text.)
 3234         288.906 Annual report of the partnership and its divisions;
 3235  audits.—
 3236         (1) Before December 1 of each year, the partnership shall
 3237  submit to the Governor, the President of the Senate, the Speaker
 3238  of the House of Representatives, the Senate Minority Leader, and
 3239  the House Minority Leader a complete and detailed report
 3240  including, but not limited to:
 3241         (a) A description of the operations and accomplishments of
 3242  the partnership and its divisions, boards, and advisory councils
 3243  or similar entities created by the partnership, and an
 3244  identification of any major trends, initiatives, or developments
 3245  affecting the performance of any program or activity. The
 3246  individual annual reports prepared by each division shall be
 3247  included as addenda.
 3248         (b) An evaluation of progress toward achieving
 3249  organizational goals and specific performance outcomes, both
 3250  short-term and long-term, established pursuant this part or
 3251  under the agreement with Jobs Florida.
 3252         (c) Methods for implementing and funding the operations of
 3253  the partnership and its divisions, including the private-sector
 3254  support required under s. 288.904.
 3255         (d) A description of the operations and accomplishments of
 3256  the partnership and its divisions with respect to aggressively
 3257  marketing Florida’s rural communities and distressed urban
 3258  communities as locations for potential new investment and job
 3259  creation, aggressively assisting in the creation, retention, and
 3260  expansion of existing businesses and job growth in these
 3261  communities, and aggressively assisting these communities in the
 3262  identification and development of new economic development
 3263  opportunities.
 3264         (e) A description and evaluation of the operations and
 3265  accomplishments of the partnership and its divisions with
 3266  respect to interaction with local and private economic
 3267  development organizations, including the identification of each
 3268  organization that is a primary partner and any specific programs
 3269  or activities that promoted the activities of such organizations
 3270  and an identification of any specific programs or activities
 3271  that promoted a comprehensive and coordinated approach to
 3272  economic development in this state.
 3273         (f) An assessment of job creation that directly benefits
 3274  participants in the welfare transition program or other programs
 3275  designed to put long-term unemployed back to work.
 3276         (g) The results of a customer-satisfaction survey of
 3277  businesses served. The Partnership shall hire a firm experienced
 3278  in survey research to develop, analyze, and report on the
 3279  results of the customer-satisfaction survey.
 3280         (h) An annual compliance and financial audit of accounts
 3281  and records by an independent certified public accountant at the
 3282  end of its most recent fiscal year performed in accordance with
 3283  rules adopted by the Auditor General.
 3284         (2) The detailed report required by this section shall also
 3285  include the information identified in subsection (1), if
 3286  applicable, for each division and Space Florida established
 3287  within the partnership.
 3288         Section 33. Section 288.907, Florida Statutes, is created
 3289  to read:
 3290         288.907Annual incentives report.—
 3291         (1) In addition to the annual report required under s.
 3292  288.906, the partnership, by December 30 of each year, shall
 3293  provide the Governor, the President of the Senate, and the
 3294  Speaker of the House of Representatives a detailed incentives
 3295  report quantifying the economic benefits for each of the
 3296  following economic development incentive programs marketed by
 3297  the partnership in its recruitment efforts: the Qualified Target
 3298  Industry Tax Refund Program, the Quick Action Closing Fund, the
 3299  Qualified Defense Contractor and Space Flight Business Tax
 3300  Refund Program, the High-Impact Business Performance Grant, the
 3301  Capital Investment Tax Credit Program, the Brownfield
 3302  Redevelopment Bonus Refunds incentive, and the Economic
 3303  Development Transportation grant program.
 3304         (a) The annual incentives report must include for each
 3305  incentive program:
 3306         1.A brief description of the incentive program.
 3307         2. The amount of awards granted, by year, since inception.
 3308         3. Beginning in 2015, the economic benefits, as defined in
 3309  s. 288.005, based on the actual amount of private capital
 3310  invested, actual number of jobs created, and actual wages paid
 3311  for incentive agreements completed during the previous 3 years.
 3312         4. Beginning in 2015, the report shall also include the
 3313  actual amount of private capital invested, actual number of jobs
 3314  created, and actual wages paid for incentive agreements
 3315  completed during the previous 3 years for each target industry
 3316  sector.
 3317         (b) For projects completed during the previous state fiscal
 3318  year, the report must include:
 3319         1. The number of economic development incentive
 3320  applications received.
 3321         2. The number of recommendations made to Jobs Florida by
 3322  the partnership, including the number recommended for approval
 3323  and the number recommended for denial.
 3324         3. The number of final decisions issued by Jobs Florida for
 3325  approval and for denial.
 3326         4. The projects for which a tax refund, tax credit, or cash
 3327  grant agreement was executed, identifying:
 3328         a. The number of jobs committed to be created.
 3329         b. The amount of capital investments committed to be made.
 3330         c. The annual average wage committed to be paid.
 3331         d. The amount of state economic development incentives
 3332  committed to the project from each incentive program under the
 3333  project’s terms of agreement with Jobs Florida.
 3334         (c) For economic development projects that received tax
 3335  refunds, tax credits, or cash grants under the terms of an
 3336  agreement for incentives, the report must identify:
 3337         1. The number of jobs actually created.
 3338         2. The amount of capital investments actually made.
 3339         3. The annual average wage paid.
 3340         (d) For a project receiving economic development incentives
 3341  approved by Jobs Florida and receiving federal or local
 3342  incentives, the report must include a description of the federal
 3343  or local incentives, if available.
 3344         (e) The report must state the number of withdrawn or
 3345  terminated projects that did not fulfill the terms of their
 3346  agreements with Jobs Florida and consequently are not receiving
 3347  incentives.
 3348         (f) The report must include an analysis of the economic
 3349  benefits, as defined in s. 288.005, of tax refunds, tax credits,
 3350  or other payments made to projects locating or expanding in
 3351  state enterprise zones, rural communities, brownfield areas, or
 3352  distressed urban communities.
 3353         (g) The report must identify the target industry businesses
 3354  and high-impact businesses.
 3355         (h) The report must describe the trends relating to
 3356  business interest in, and usage of, the various incentives, and
 3357  the number of minority-owned or woman-owned businesses receiving
 3358  incentives.
 3359         (2) The Division of Strategic Business Development within
 3360  Jobs Florida shall assist the partnership in the preparation of
 3361  the annual incentives report.
 3362         Section 34. Section 288.911, Florida Statutes, is amended
 3363  to read:
 3364         (Substantial rewording of section. See
 3365         s. 288.911, F.S., for present text.)
 3366         288.911 Creation and implementation of a marketing and
 3367  image campaign.—
 3368         (1) The Partnership, with the assistance of its Division of
 3369  Tourism Marketing and the private sector, shall create a
 3370  marketing campaign to help attract, develop, and retain target
 3371  industry businesses and high-impact businesses to this state.
 3372  The campaign must be coordinated with any existing economic
 3373  development promotion efforts in this state, and shall be
 3374  jointly funded from private and public resources.
 3375         (2) The message of the campaign shall be to increase
 3376  national and international awareness of this state as a state
 3377  ideally suited for the successful advancement of businesses
 3378  within the state’s target industries and high-impact industries.
 3379  Marketing strategies shall include development of promotional
 3380  materials, Internet and print advertising, public relations and
 3381  media placement, trade show attendance at information technology
 3382  events, and appropriate follow-up activities. Efforts to promote
 3383  this state must include the identification and coordination of
 3384  existing clusters of target industry businesses and high-impact
 3385  businesses and partnerships with economic development
 3386  organizations and private-sector businesses.
 3387         Section 35. Section 288.912, Florida Statutes, is created
 3388  to read:
 3389         288.912Inventory of communities seeking to recruit
 3390  businesses.—By September 30 of each year, a county or
 3391  municipality that has a population of at least 25,000 or its
 3392  local economic development organization must submit to the Jobs
 3393  Florida Partnership, Inc., a brief overview of the strengths,
 3394  services, and economic development incentives that its community
 3395  offers. The local government or its local economic development
 3396  organization also must identify any industries that it is
 3397  encouraging to locate or relocate to its area.
 3398         Section 36. Section 288.92, Florida Statutes, is created to
 3399  read:
 3400         288.92Divisions and advisory councils of Jobs Florida
 3401  Partnership, Inc.—
 3402         (1)The partnership shall have the following divisions,
 3403  which have distinct responsibilities and complementary missions:
 3404         (a) The Division of International Trade and Business
 3405  Development;
 3406         (b) The Division of Business Retention and Recruitment;
 3407         (c) The Division of Tourism Marketing;
 3408         (d) The Division of Minority Business Development; and
 3409         (e) The Division of Sports Industry Development.
 3410         (2)(a) The officers and agents of the divisions shall be
 3411  hired and their annual compensation established by the president
 3412  of the partnership, as deemed appropriate by the board of
 3413  directors, and may be eligible for performance bonuses pursuant
 3414  to s. 288.905(3).
 3415         (b) The Partnership board of directors may organize the
 3416  divisions so that administrative staff and costs are shared and
 3417  thus minimized to the greatest extent possible.
 3418         (3) Space Florida shall be administratively housed within
 3419  the partnership and shall have the authority, powers, and duties
 3420  set forth in part II of chapter 331.
 3421         (4) Each division shall have an advisory council, comprised
 3422  of Florida residents with expertise in each division’s
 3423  particular responsibilities. The partnership may submit
 3424  nominations of persons to serve on each advisory council to the
 3425  Governor, who will select the members of each advisory council
 3426  from the lists submitted. Each advisory council shall elect a
 3427  member to serve as the chair of the council.
 3428         (5) The term for an advisory council member is 4 years. A
 3429  member may not serve more than two consecutive terms. The
 3430  Governor may remove any member for cause and shall fill all
 3431  vacancies that occur.
 3432         (6) Advisory council members shall serve without
 3433  compensation, but may be reimbursed for all reasonable,
 3434  necessary, and actual expenses, as determined by the
 3435  partnership’s board of directors.
 3436         Section 37. Section 288.921, Florida Statutes, is created
 3437  to read:
 3438         288.921Division of International Trade and Business
 3439  Development; responsibilities; advisory council.—
 3440         (1) There is created within the partnership the Division of
 3441  International Trade and Business Development.
 3442         (2) The division shall be responsible for:
 3443         (a) Developing business leads that generate increased
 3444  foreign investment in Florida;
 3445         (b) Developing programs, such as international trade shows,
 3446  that establish viable overseas markets for Florida products and
 3447  services;
 3448         (c) Facilitating the development and implementation of
 3449  strategies to secure financing for exporting Florida products
 3450  and services;
 3451         (d) Promoting opportunities for international joint-venture
 3452  relationships, using the resources of academic, business, and
 3453  other institutions;
 3454         (e) Coordinating and facilitating trade assistance for
 3455  Florida businesses;
 3456         (f) Participating in discussions and planning exercises
 3457  with the Florida Seaport Advisory Council, the state Department
 3458  of Transportation, and statewide transportation logistics and
 3459  intermodal mobility organizations regarding proposed
 3460  improvements to Florida’s infrastructure to attract and manage
 3461  international cargo and commerce.
 3462         (3) The division also shall assist the commissioner of Jobs
 3463  Florida with administering a grant program for promotion of
 3464  international trade.
 3465         (a) A county, municipality, economic development council,
 3466  or a nonprofit association of businesses organized to assist in
 3467  the promotion of international trade may apply for a grant of
 3468  state funds for the promotion of international trade.
 3469         (b) The division shall review each application for a grant
 3470  to promote international trade and annually submit to the
 3471  commissioner of Jobs Florida for approval a list of all
 3472  recommended applications for the award of grants, arranged in
 3473  order of priority.
 3474         1. The commissioner of Jobs Florida may allocate grants
 3475  only for projects that are approved or for which funds are
 3476  appropriated by the Legislature.
 3477         2. Projects approved and recommended by the division, which
 3478  are not funded by the Legislature, shall be retained on the
 3479  project list for the following grant cycle only.
 3480         3. All projects that are retained shall be required to
 3481  submit such information as may be required by the Department of
 3482  Jobs Florida as of the established deadline date of the latest
 3483  grant cycle in order to adequately reflect the most current
 3484  status of the project.
 3485         (4) The division shall draft and submit an annual report by
 3486  October 15 of each year which details the division’s activities
 3487  during the prior fiscal year and includes any recommendations
 3488  for improving current statutes related to international trade
 3489  and business development.
 3490         (5) A 15-member advisory council shall be appointed,
 3491  pursuant to s. 288.92, to make recommendations to the
 3492  partnership’s board of directors on matters pertaining to
 3493  international trade and business development projects for the
 3494  division to undertake and staffing of the division.
 3495         Section 38. Section 288.922, Florida Statutes, is created
 3496  to read:
 3497         288.922Division of Business Retention and Recruitment;
 3498  responsibilities; advisory council.—
 3499         (1) There is created within the partnership the Division
 3500  for Business Retention and Recruitment.
 3501         (2) The division shall coordinate with the commissioner of
 3502  Jobs Florida and the partnership to generate business leads on
 3503  companies interested in relocating to Florida, and on Florida
 3504  based companies interested in expanding or diversifying their
 3505  operations within the state.
 3506         (3) The division shall draft and submit an annual report by
 3507  October 15 that details the division’s activities during the
 3508  prior fiscal year and includes any recommendations for improving
 3509  current statutes related to business retention and recruitment.
 3510         (4) A 15-member advisory council shall be appointed,
 3511  pursuant to s. 288.92, to make recommendations to the
 3512  partnership board of directors on matters pertaining to
 3513  innovative methods of business development and recruitment
 3514  efforts, changes to existing economic development incentives or
 3515  implementation of new types of incentives, targeted industries
 3516  for recruitment or retention, and staffing of the division.
 3517         Section 39. Section 288.923, Florida Statutes, is created
 3518  to read:
 3519         288.923Division of Tourism Marketing; definitions;
 3520  responsibilities; advisory council.—
 3521         (1) There is created within the partnership the Division of
 3522  Tourism Marketing. The division shall be known as VISIT Florida.
 3523  Jobs Florida Partnership, Inc., may register the fictitious
 3524  name, “VISIT Florida” for use in its activities of promoting
 3525  Florida as a tourist destination.
 3526         (2) As used in this section, the term:
 3527         (a) “Tourism marketing” means any effort exercised to
 3528  attract domestic and international visitors from outside the
 3529  state to destinations in this state and to stimulate Florida
 3530  resident tourism to areas within the state.
 3531         (b) “Tourist” means any person who participates in trade or
 3532  recreation activities outside the county of his or her permanent
 3533  residence or who rents or leases transient living quarters or
 3534  accommodations as described in s. 125.0104(3)(a).
 3535         (c) “County destination marketing organization” means a
 3536  public or private agency that is funded by local option tourist
 3537  development tax revenues under s. 125.0104, or local option
 3538  convention development tax revenues under s. 212.0305, and is
 3539  officially designated by a county commission to market and
 3540  promote the area for tourism or convention business or, in any
 3541  county that has not levied such taxes, a public or private
 3542  agency that is officially designated by the county commission to
 3543  market and promote the area for tourism or convention business.
 3544         (3)The division’s responsibilities and duties include, but
 3545  are not limited to:
 3546         (a) Advising the commissioner of Jobs Florida and the
 3547  partnership on development of domestic and international tourism
 3548  marketing campaigns featuring Florida;
 3549         (b) Developing and implementing, in conjunction with its
 3550  private partners, an annual tourism marketing campaign that
 3551  targets each region of the state, each season of the year, and
 3552  traditional as well as new tourist populations; and
 3553         (c) Developing a 4-year marketing plan explicitly
 3554  explaining how the division intends to:
 3555         1. Sustain overall tourism growth in this state;
 3556         2. Expand to new or under-represented tourist markets;
 3557         3. Solidify traditional and loyal tourist markets;
 3558         4. Coordinate efforts with county destination marketing
 3559  organizations, other local government marketing groups,
 3560  privately owned attractions and destinations, and other private
 3561  sector partners to create a seamless, four-season advertising
 3562  campaign for the state and its regions;
 3563         5. Develop innovative techniques or promotions to build
 3564  repeat visitation by targeted segments of the tourist
 3565  population;
 3566         6. Consider innovative sources of state funding for tourism
 3567  marketing; and
 3568         7. Develop and update periodically an emergency response
 3569  component to address natural and man-made disasters from a
 3570  marketing standpoint.
 3571  
 3572  The plan shall be annual in construction and ongoing in nature.
 3573  Any annual revisions of such a plan shall carry forward the
 3574  concepts of the remaining 3-year portion of that plan and
 3575  consider a continuum portion to preserve the 4-year time-frame
 3576  of the plan. The plan also shall include recommendations for
 3577  specific performance standards and measurable outcomes for the
 3578  division. The commissioner of Jobs Florida, in consultation with
 3579  the partnership’s board of directors, shall base the actual
 3580  performance metrics on these recommendations.
 3581         (d) Drafting and submitting an annual report by October 15
 3582  that details the division’s activities during the prior fiscal
 3583  year, and any recommendations for improving current statutes
 3584  related to tourism marketing.
 3585         (4) A 15-member advisory council shall be appointed,
 3586  pursuant to s. 288.92, to make recommendations to the
 3587  partnership’s board of directors on matters pertaining to ways
 3588  to improve or enhance the state’s tourism marketing efforts,
 3589  research on tourist populations and trends, innovative tourism
 3590  funding proposals, and staffing of the division.
 3591         Section 40. Section 288.925, Florida Statutes, is created
 3592  to read:
 3593         288.925The Division of Minority Business Investment;
 3594  responsibilities; advisory council.—
 3595         (1) There is created within the partnership the Division of
 3596  Minority Business Development.
 3597         (2) The division’s primary mission is to assist in the
 3598  development and expansion of minority business enterprises by:
 3599         (a) Administering the Black Business Loan Program in s.
 3600  288.7102 and assisting in the creation of a long-range strategic
 3601  policy for that program.
 3602         (b) Evaluating the unmet need for capital by minority
 3603  business enterprises in the state and providing a 5-year
 3604  projection of the need for capital by minority business
 3605  enterprises. The division may contract with an independent
 3606  entity to prepare the projection once every 5 years.
 3607         (c) Developing strategies to increase financial institution
 3608  investment in minority business enterprises.
 3609         (d) Advising Jobs Florida and the partnership about the
 3610  needs of minority business enterprises.
 3611         (e) Creating partnerships among federal, state, and local
 3612  governments, private enterprises, and national organizations to
 3613  aid in the development and expansion of minority business
 3614  enterprises.
 3615         (f) Acting as a clearinghouse for information by providing
 3616  a network of information resources for minority business
 3617  enterprises and facilitating the provision of technical
 3618  assistance in communities in which such services are otherwise
 3619  underserved.
 3620         (g) Aiding the development and expansion of minority
 3621  business enterprises by leveraging federal, state, local, and
 3622  private funds to be held by the partnership board of directors
 3623  for uses pursuant to this section and s. 288.7102.
 3624         (h) Marketing services to minority business enterprises,
 3625  including the Black Business Loan Program.
 3626         (i) Submitting an annual report by October 15 of each year
 3627  to the partnership’s board of directors which details the
 3628  previous fiscal year’s activities, including activities of the
 3629  black business investment corporations that make the loans to
 3630  qualified businesses, pursuant to s. 288.7102, identifiable
 3631  trends from the previous fiscal year’s loan activity, and any
 3632  recommended changes to the current program.
 3633         (3) A 15-member advisory council shall be appointed,
 3634  pursuant to s. 288.92, to make recommendations to the
 3635  partnership’s board of directors on such matters as how to
 3636  improve minority business access to capital, recommendations on
 3637  how to provide technical assistance and other business resources
 3638  to minority-owned businesses, and recommendations on the
 3639  staffing of the division. Members of the advisory council must
 3640  have experience in business, including financial services,
 3641  banking, or economic development. At least one of the appointees
 3642  must have experience in venture capitalism.
 3643         Section 41. Section 288.1229, Florida Statutes, is
 3644  transferred, renumbered as section 288.926, Florida Statutes,
 3645  and amended to read:
 3646         (Substantial rewording of section. See
 3647         s. 288.1229, F.S., for present text.)
 3648         288.926Division of Sports Industry Development;
 3649  responsibilities; duties; advisory council.—
 3650         (1) There is created within the partnership the Division of
 3651  Sports Industry Development.
 3652         (2)The division is responsible for:
 3653         (a) The promotion and development of professional and
 3654  amateur sports industries and related industries for the purpose
 3655  of improving the economic presence of these industries in this
 3656  state.
 3657         (b) The promotion of amateur athletic participation for the
 3658  citizens of this state, and the promotion of this state as a
 3659  host for national and international amateur athletic
 3660  competitions for the purpose of encouraging and increasing the
 3661  direct and ancillary economic benefits of amateur athletic
 3662  events and competitions.
 3663         (c) The retention of professional sports franchises,
 3664  including the spring training operations of Major League
 3665  Baseball.
 3666         (d) The drafting and submittal of an annual report, due
 3667  each October 15, to the partnership, which details the
 3668  division’s activities for the prior fiscal year and any
 3669  recommendations for improving current laws related to sports and
 3670  related industries.
 3671         (3) The division shall have the following duties:
 3672         (a) Developing, fostering, and coordinating services and
 3673  programs for amateur sports for all Floridians.
 3674         (b) Sponsoring amateur sports workshops, clinics,
 3675  conferences, and other similar activities.
 3676         (c) Giving recognition to outstanding developments and
 3677  achievements in, and contributions to, amateur sports.
 3678         (d) Encouraging, supporting, and assisting local
 3679  governments and communities in the development of or hosting of
 3680  local amateur athletic events and competitions.
 3681         (e) Promoting this state as a host for national and
 3682  international amateur athletic competitions.
 3683         (f) Continuing the amateur sports programs previously
 3684  conducted by the Florida Governor’s Council on Physical Fitness
 3685  and Amateur Sports created under the former s. 14.22.
 3686         (g) Encouraging and continuing the use of volunteers in its
 3687  amateur sports programs to the maximum extent possible.
 3688         (h) Developing, fostering, and coordinating services and
 3689  programs designed to encourage the participation of Florida’s
 3690  youth in Olympic sports activities and competitions.
 3691         (i) Fostering and coordinating services and programs
 3692  designed to contribute to the physical fitness of the citizens
 3693  of this state.
 3694         (j) Developing a statewide program of amateur athletic
 3695  competition to be known as the “Sunshine State Games.” The
 3696  Sunshine State Games shall be patterned after the Summer
 3697  Olympics with variations as necessitated by availability of
 3698  facilities, equipment, and expertise. The games shall be
 3699  designed to encourage the participation of athletes representing
 3700  a broad range of age groups, skill levels, and Florida
 3701  communities. Participants shall be residents of this state.
 3702  Regional competitions shall be held throughout the state, and
 3703  the top qualifiers in each sport shall proceed to the final
 3704  competitions to be held at a site in the state with the
 3705  necessary facilities and equipment for conducting the
 3706  competitions.
 3707         (4) The Executive Office of the Governor is authorized to
 3708  permit the use of property, facilities, and personnel services
 3709  of or at any State University System facility or institution by
 3710  the division for operating the Sunshine State Games. For the
 3711  purposes of this paragraph, personnel services includes full
 3712  time or part-time personnel as well as payroll processing. Any
 3713  funds or property held in trust by the Sunshine State Games
 3714  Foundation, Inc., and the Florida Governor’s Council on Physical
 3715  Fitness and Amateur Sports shall revert to the division upon
 3716  expiration or cancellation of the contract with the Sunshine
 3717  State Games Foundation, Inc., and the Florida Governor’s Council
 3718  on Physical Fitness and Amateur Sports, to be used for the
 3719  promotion of amateur sports in this state.
 3720         (5)(a)A 15-member advisory council shall be appointed,
 3721  pursuant to s. 288.92, to make recommendations to the
 3722  partnership board of directors on the activities and staffing of
 3723  the division.
 3724         (b) Applicants for the advisory council must have either a
 3725  background in community service in, or financial support of, the
 3726  sports industry, professional sports, or organized amateur
 3727  athletics. They also should be knowledgeable about or active in
 3728  professional or organized amateur sports. Additionally, the
 3729  advisory council’s membership must be representative of all
 3730  geographical regions of the state and reflect the state’s ethnic
 3731  and gender diversity.
 3732         Section 42. Paragraph (d) is added to subsection (6) of
 3733  section 290.0055, Florida Statutes, to read:
 3734         290.0055 Local nominating procedure.—
 3735         (6)
 3736         (d)1. Effective January 1, 2012, the governing body of a
 3737  jurisdiction which nominated the application for an enterprise
 3738  zone that is no larger than 12 square miles and includes a
 3739  portion of the state designated as a rural area of critical
 3740  economic concern pursuant to s. 288.0656(7) may apply to Jobs
 3741  Florida to expand the boundary of the enterprise zone by not
 3742  more than 3 square miles. Such application must be submitted by
 3743  December 31, 2012.
 3744         2. Notwithstanding the area limitations specified in
 3745  subsection (4), Jobs Florida may approve the request for a
 3746  boundary amendment if the area continues to satisfy the
 3747  remaining requirements of this section.
 3748         3. Jobs Florida shall establish the initial effective date
 3749  of an enterprise zone designated under this paragraph.
 3750         Section 43. Section 290.00726, Florida Statutes, is created
 3751  to read:
 3752         290.00726Enterprise zone designation for Martin County.
 3753  Effective January 1, 2012, Martin County may apply to Jobs
 3754  Florida for designation of one enterprise zone for an area
 3755  within Martin County, which zone shall encompass an area up to
 3756  10 square miles consisting of land within the primary urban
 3757  services boundary and focusing on Indiantown, but excluding
 3758  property owned by Florida Power and Light to the west, two areas
 3759  to the north designated as estate residential, and the county
 3760  owned Timer Powers Recreational Area. Within the designated
 3761  enterprise zone, Martin County shall exempt residential
 3762  condominiums from benefiting from state enterprise zone
 3763  incentives, unless prohibited by law. The application must have
 3764  been submitted by December 31, 2011, and must comply with the
 3765  requirements of s. 290.0055. Notwithstanding s. 290.0065
 3766  limiting the total number of enterprise zones designated and the
 3767  number of enterprise zones within a population category, Jobs
 3768  Florida may designate one enterprise zone under this section.
 3769  Jobs Florida shall establish the initial effective date of the
 3770  enterprise zone designated pursuant to this section.
 3771         Section 44. Subsection (4) of section 409.942, Florida
 3772  Statutes, is amended to read:
 3773         409.942 Electronic benefit transfer program.—
 3774         (4) Workforce Florida, Inc., through the Agency for
 3775  Workforce Innovation, shall establish an electronic benefit
 3776  transfer program for the use and management of education,
 3777  training, child care, transportation, and other program benefits
 3778  under its direction. The workforce electronic benefit transfer
 3779  program shall fulfill all federal and state requirements for
 3780  Individual Training Accounts, Retention Incentive Training
 3781  Accounts, Individual Development Accounts, and Individual
 3782  Services Accounts. The workforce electronic benefit transfer
 3783  program shall be designed to enable an individual who receives
 3784  an electronic benefit transfer card under subsection (1) to use
 3785  that card for purposes of benefits provided under the workforce
 3786  development system as well. The Department of Children and
 3787  Family Services shall assist Workforce Florida, Inc., in
 3788  developing an electronic benefit transfer program for the
 3789  workforce development system that is fully compatible with the
 3790  department’s electronic benefit transfer program. The agency
 3791  shall reimburse the department for all costs incurred in
 3792  providing such assistance and shall pay all costs for the
 3793  development of the workforce electronic benefit transfer
 3794  program.
 3795         Section 45. Section 411.0102, Florida Statutes, is amended
 3796  to read:
 3797         411.0102 Child Care Executive Partnership Act; findings and
 3798  intent; grant; limitation; rules.—
 3799         (1) This section may be cited as the “Child Care Executive
 3800  Partnership Act.”
 3801         (2)(a) The Legislature finds that when private employers
 3802  provide onsite child care or provide other child care benefits,
 3803  they benefit by improved recruitment and higher retention rates
 3804  for employees, lower absenteeism, and improved employee morale.
 3805  The Legislature also finds that there are many ways in which
 3806  private employers can provide child care assistance to
 3807  employees: information and referral, vouchering, employer
 3808  contribution to child care programs, and onsite care. Private
 3809  employers can offer child care as part of a menu of employee
 3810  benefits. The Legislature recognizes that flexible compensation
 3811  programs providing a child care option are beneficial to the
 3812  private employer through increased productivity, to the private
 3813  employee in knowing that his or her children are being cared for
 3814  in a safe and nurturing environment, and to the state in more
 3815  dollars being available for purchasing power and investment.
 3816         (b) It is the intent of the Legislature to promote
 3817  public/private partnerships to ensure that the children of the
 3818  state be provided safe and enriching child care at any time, but
 3819  especially while parents work to remain self-sufficient. It is
 3820  the intent of the Legislature that private employers be
 3821  encouraged to participate in the future of this state by
 3822  providing employee child care benefits. Further, it is the
 3823  intent of the Legislature to encourage private employers to
 3824  explore innovative ways to assist employees to obtain quality
 3825  child care.
 3826         (c) The Legislature further recognizes that many parents
 3827  need assistance in paying the full costs of quality child care.
 3828  The public and private sectors, by working in partnership, can
 3829  promote and improve access to quality child care and early
 3830  education for children of working families who need it.
 3831  Therefore, a more formal mechanism is necessary to stimulate the
 3832  establishment of public-private partnerships. It is the intent
 3833  of the Legislature to expand the availability of scholarship
 3834  options for working families by providing incentives for
 3835  employers to contribute to meeting the needs of their employees’
 3836  families through matching public dollars available for child
 3837  care.
 3838         (3) There is created a body politic and corporate known as
 3839  the Child Care Executive Partnership which shall establish and
 3840  govern the Child Care Executive Partnership Program. The purpose
 3841  of the Child Care Executive Partnership Program is to utilize
 3842  state and federal funds as incentives for matching local funds
 3843  derived from local governments, employers, charitable
 3844  foundations, and other sources so that Florida communities may
 3845  create local flexible partnerships with employers. The Child
 3846  Care Executive Partnership Program funds shall be used at the
 3847  discretion of local communities to meet the needs of working
 3848  parents. A child care purchasing pool shall be developed with
 3849  the state, federal, and local funds to provide subsidies to low
 3850  income working parents whose family income does not exceed the
 3851  allowable income for any federally subsidized child care program
 3852  with a dollar-for-dollar match from employers, local government,
 3853  and other matching contributions. The funds used from the child
 3854  care purchasing pool must be used to supplement or extend the
 3855  use of existing public or private funds.
 3856         (4) The Child Care Executive Partnership, staffed by the
 3857  Department of Education Agency for Workforce Innovation, shall
 3858  consist of a representative of the Executive Office of the
 3859  Governor and nine members of the corporate or child care
 3860  community, appointed by the Governor.
 3861         (a) Members shall serve for a period of 4 years, except
 3862  that the representative of the Executive Office of the Governor
 3863  shall serve at the pleasure of the Governor.
 3864         (b) The Child Care Executive Partnership shall be chaired
 3865  by a member chosen by a majority vote and shall meet at least
 3866  quarterly and at other times upon the call of the chair. The
 3867  Child Care Executive Partnership may use any method of
 3868  telecommunications to conduct meetings, including establishing a
 3869  quorum through telecommunications, only if the public is given
 3870  proper notice of a telecommunications meeting and reasonable
 3871  access to observe and, when appropriate, participate.
 3872         (c) Members shall serve without compensation, but may be
 3873  reimbursed for per diem and travel expenses in accordance with
 3874  s. 112.061.
 3875         (d) The Child Care Executive Partnership shall have all the
 3876  powers and authority, not explicitly prohibited by statute,
 3877  necessary to carry out and effectuate the purposes of this
 3878  section, as well as the functions, duties, and responsibilities
 3879  of the partnership, including, but not limited to, the
 3880  following:
 3881         1. Assisting in the formulation and coordination of the
 3882  state’s child care policy.
 3883         2. Adopting an official seal.
 3884         3. Soliciting, accepting, receiving, investing, and
 3885  expending funds from public or private sources.
 3886         4. Contracting with public or private entities as
 3887  necessary.
 3888         5. Approving an annual budget.
 3889         6. Carrying forward any unexpended state appropriations
 3890  into succeeding fiscal years.
 3891         7. Providing a report to the Governor, the Speaker of the
 3892  House of Representatives, and the President of the Senate, on or
 3893  before December 1 of each year.
 3894         (5)(a) The Legislature shall annually determine the amount
 3895  of state or federal low-income child care moneys which shall be
 3896  used to create Child Care Executive Partnership Program child
 3897  care purchasing pools in counties chosen by the Child Care
 3898  Executive Partnership, provided that at least two of the
 3899  counties have populations of no more than 300,000. The
 3900  Legislature shall annually review the effectiveness of the child
 3901  care purchasing pool program and reevaluate the percentage of
 3902  additional state or federal funds, if any, which that can be
 3903  used for the program’s expansion.
 3904         (b) To ensure a seamless service delivery and ease of
 3905  access for families, an early learning coalition or the
 3906  Department of Education Agency for Workforce Innovation shall
 3907  administer the child care purchasing pool funds.
 3908         (c) The Department of Education Agency for Workforce
 3909  Innovation, in conjunction with the Child Care Executive
 3910  Partnership, shall develop procedures for disbursement of funds
 3911  through the child care purchasing pools. In order to be
 3912  considered for funding, an early learning coalition or the
 3913  Department of Education Agency for Workforce Innovation must
 3914  commit to:
 3915         1. Matching the state purchasing pool funds on a dollar
 3916  for-dollar basis; and
 3917         2. Expending only those public funds that which are matched
 3918  by employers, local government, and other matching contributors
 3919  who contribute to the purchasing pool. Parents shall also pay a
 3920  fee, which may not be less than the amount identified in the
 3921  early learning coalition’s school readiness program sliding fee
 3922  scale.
 3923         (d) Each early learning coalition shall establish a
 3924  community child care task force for each child care purchasing
 3925  pool. The task force must be composed of employers, parents,
 3926  private child care providers, and one representative from the
 3927  local children’s services council, if one exists in the area of
 3928  the purchasing pool. The early learning coalition is expected to
 3929  recruit the task force members from existing child care
 3930  councils, commissions, or task forces already operating in the
 3931  area of a purchasing pool. A majority of the task force shall
 3932  consist of employers.
 3933         (e) Each participating early learning coalition board shall
 3934  develop a plan for the use of child care purchasing pool funds.
 3935  The plan must show how many children will be served by the
 3936  purchasing pool, how many will be new to receiving child care
 3937  services, and how the early learning coalition intends to
 3938  attract new employers and their employees to the program.
 3939         (6) The Department of Education Agency for Workforce
 3940  Innovation shall adopt any rules necessary for the
 3941  implementation and administration of this section.
 3942         Section 46. Section 1002.73, Florida Statutes, is amended
 3943  to read:
 3944         1002.73 Department of Education; powers and duties;
 3945  accountability requirements; operational requirements.—
 3946         (1) The department shall administer the accountability
 3947  requirements and operational requirements of the Voluntary
 3948  Prekindergarten Education Program at the state level.
 3949         (2) The department shall adopt procedures for its:
 3950         (a) Approval of prekindergarten director credentials under
 3951  ss. 1002.55 and 1002.57.
 3952         (b) Approval of emergent literacy training courses under
 3953  ss. 1002.55 and 1002.59.
 3954         (c) Administration of the statewide kindergarten screening
 3955  and calculation of kindergarten readiness rates under s.
 3956  1002.69.
 3957         (d) Approval of specialized instructional services
 3958  providers under s. 1002.66.
 3959         (e) Granting of a private prekindergarten provider’s or
 3960  public school’s request for a good cause exemption under s.
 3961  1002.69(7).
 3962         (3) The department shall adopt procedures governing the
 3963  administration of the Voluntary Prekindergarten Education
 3964  Program by the early learning coalitions and school districts
 3965  for:
 3966         (a) Enrolling children in and determining the eligibility
 3967  of children for the Voluntary Prekindergarten Education Program
 3968  under s. 1002.53.
 3969         (b) Providing parents with profiles of private
 3970  prekindergarten providers and public schools under s. 1002.53.
 3971         (c) Registering private prekindergarten providers and
 3972  public schools to deliver the program under ss. 1002.55,
 3973  1002.61, and 1002.63.
 3974         (d) Determining the eligibility of private prekindergarten
 3975  providers to deliver the program under ss. 1002.55 and 1002.61.
 3976         (e) Verifying the compliance of private prekindergarten
 3977  providers and public schools and removing providers or schools
 3978  from eligibility to deliver the program due to noncompliance or
 3979  misconduct as provided in s. 1002.67.
 3980         (f) Paying private prekindergarten providers and public
 3981  schools under s. 1002.71.
 3982         (g) Documenting and certifying student enrollment and
 3983  student attendance under s. 1002.71.
 3984         (h) Reconciling advance payments in accordance with the
 3985  uniform attendance policy under s. 1002.71.
 3986         (i) Reenrolling students dismissed by a private
 3987  prekindergarten provider or public school for noncompliance with
 3988  the provider’s or school district’s attendance policy under s.
 3989  1002.71.
 3990         (4) The department shall adopt procedures governing the
 3991  administration of the Voluntary Prekindergarten Education
 3992  Program by the early learning coalitions and school districts
 3993  for:
 3994         (a) Approving improvement plans of private prekindergarten
 3995  providers and public schools under s. 1002.67.
 3996         (b) Placing private prekindergarten providers and public
 3997  schools on probation and requiring corrective actions under s.
 3998  1002.67.
 3999         (c) Removing a private prekindergarten provider or public
 4000  school from eligibility to deliver the program due to the
 4001  provider’s or school’s remaining on probation beyond the time
 4002  permitted under s. 1002.67.
 4003         (d) Enrolling children in and determining the eligibility
 4004  of children for the Voluntary Prekindergarten Education Program
 4005  under s. 1002.66.
 4006         (e) Paying specialized instructional services providers
 4007  under s. 1002.66.
 4008         (5) The department shall also adopt procedures for the
 4009  distribution of funds to early learning coalitions under s.
 4010  1002.71.
 4011         (6)(3) Except as provided by law, the department may not
 4012  impose requirements on a private prekindergarten provider or
 4013  public school that does not deliver the Voluntary
 4014  Prekindergarten Education Program or receive state funds under
 4015  this part.
 4016         Section 47. Paragraph (i) of subsection (3) of section
 4017  11.45, Florida Statutes, is amended to read:
 4018         11.45 Definitions; duties; authorities; reports; rules.—
 4019         (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.—The Auditor
 4020  General may, pursuant to his or her own authority, or at the
 4021  direction of the Legislative Auditing Committee, conduct audits
 4022  or other engagements as determined appropriate by the Auditor
 4023  General of:
 4024         (i) The Jobs Florida Partnership Enterprise Florida, Inc.,
 4025  including any of its boards, advisory committees, or similar
 4026  groups created by the Jobs Florida Partnership Enterprise
 4027  Florida, Inc., and programs. The audit report may not reveal the
 4028  identity of any person who has anonymously made a donation to
 4029  the Jobs Florida Partnership Enterprise Florida, Inc., pursuant
 4030  to this paragraph. The identity of a donor or prospective donor
 4031  to the Jobs Florida Partnership Enterprise Florida, Inc., who
 4032  desires to remain anonymous and all information identifying such
 4033  donor or prospective donor are confidential and exempt from the
 4034  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
 4035  Constitution. Such anonymity shall be maintained in the
 4036  auditor’s report.
 4037         Section 48. Paragraph (b) of subsection (2) of section
 4038  14.20195, Florida Statutes, is amended to read:
 4039         14.20195 Suicide Prevention Coordinating Council; creation;
 4040  membership; duties.—There is created within the Statewide Office
 4041  for Suicide Prevention a Suicide Prevention Coordinating
 4042  Council. The council shall develop strategies for preventing
 4043  suicide.
 4044         (2) MEMBERSHIP.—The Suicide Prevention Coordinating Council
 4045  shall consist of 28 voting members.
 4046         (b) The following state officials or their designees shall
 4047  serve on the coordinating council:
 4048         1. The Secretary of Elderly Affairs.
 4049         2. The State Surgeon General.
 4050         3. The Commissioner of Education.
 4051         4. The Secretary of Health Care Administration.
 4052         5. The Secretary of Juvenile Justice.
 4053         6. The Secretary of Corrections.
 4054         7. The executive director of the Department of Law
 4055  Enforcement.
 4056         8. The executive director of the Department of Veterans’
 4057  Affairs.
 4058         9. The Secretary of Children and Family Services.
 4059         10. The commissioner director of Jobs Florida the Agency
 4060  for Workforce Innovation.
 4061         Section 49. Section 15.18, Florida Statutes, is amended to
 4062  read:
 4063         15.18 International and cultural relations.—The Divisions
 4064  of Cultural Affairs, Historical Resources, and Library and
 4065  Information Services of the Department of State promote programs
 4066  having substantial cultural, artistic, and indirect economic
 4067  significance that emphasize American creativity. The Secretary
 4068  of State, as the head administrator of these divisions, shall
 4069  hereafter be known as “Florida’s Chief Cultural Officer.” As
 4070  this officer, the Secretary of State is encouraged to initiate
 4071  and develop relationships between the state and foreign cultural
 4072  officers, their representatives, and other foreign governmental
 4073  officials in order to promote Florida as the center of American
 4074  creativity. The Secretary of State shall coordinate
 4075  international activities pursuant to this section with the Jobs
 4076  Florida Partnership Enterprise Florida, Inc., and any other
 4077  organization the secretary deems appropriate. For the
 4078  accomplishment of this purpose, the Secretary of State shall
 4079  have the power and authority to:
 4080         (1) Disseminate any information pertaining to the State of
 4081  Florida which promotes the state’s cultural assets.
 4082         (2) Plan and carry out activities designed to cause
 4083  improved cultural and governmental programs and exchanges with
 4084  foreign countries.
 4085         (3) Plan and implement cultural and social activities for
 4086  visiting foreign heads of state, diplomats, dignitaries, and
 4087  exchange groups.
 4088         (4) Encourage and cooperate with other public and private
 4089  organizations or groups in their efforts to promote the cultural
 4090  advantages of Florida.
 4091         (5) Serve as the liaison with all foreign consular and
 4092  ambassadorial corps, as well as international organizations,
 4093  that are consistent with the purposes of this section.
 4094         (6) Provide, arrange, and make expenditures for the
 4095  achievement of any or all of the purposes specified in this
 4096  section.
 4097         (7) Notwithstanding the provisions of part I of chapter
 4098  287, promulgate rules for entering into contracts which are
 4099  primarily for promotional services and events, which may include
 4100  commodities involving a service. Such rules shall include the
 4101  authority to negotiate costs with the offerors of such services
 4102  and commodities who have been determined to be qualified on the
 4103  basis of technical merit, creative ability, and professional
 4104  competency. The rules shall only apply to the expenditure of
 4105  funds donated for promotional services and events. Expenditures
 4106  of appropriated funds shall be made only in accordance with part
 4107  I of chapter 287.
 4108         Section 50. Section 15.182, Florida Statutes, is amended to
 4109  read:
 4110         15.182 International travel by state-funded musical,
 4111  cultural, or artistic organizations; notification to Jobs
 4112  Florida Office of Tourism, Trade, and Economic Development.—
 4113         (1) If a musical, cultural, or artistic organization that
 4114  receives state funding is traveling internationally for a
 4115  presentation, performance, or other significant public viewing,
 4116  including an organization associated with a college or
 4117  university, such organization shall notify Jobs Florida The
 4118  Office of Tourism, Trade, and Economic Development of its
 4119  intentions to travel, together with the date, time, and location
 4120  of each appearance.
 4121         (2) Jobs Florida The Office of Tourism, Trade, and Economic
 4122  Development, in conjunction with the Jobs Florida Partnership
 4123  Enterprise Florida, Inc., shall act as an intermediary between
 4124  performing musical, cultural, and artistic organizations and
 4125  Florida businesses to encourage and coordinate joint
 4126  undertakings. Such coordination may include, but is not limited
 4127  to, encouraging business and industry to sponsor cultural
 4128  events, assistance with travel of such organizations, and
 4129  coordinating travel schedules of cultural performance groups and
 4130  international trade missions.
 4131         (3) An organization shall provide the notification to the
 4132  Department of State required by this section at least 30 days
 4133  before prior to the date the international travel is to commence
 4134  or, when an intention to travel internationally is not formed at
 4135  least 30 days in advance of the date the travel is to commence,
 4136  as soon as feasible after forming such travel intention. The
 4137  Department of State shall take an active role in informing such
 4138  groups of the responsibility to notify the department of travel
 4139  intentions.
 4140         Section 51. Paragraph (j) of subsection (1) of section
 4141  16.615, Florida Statutes, is amended to read:
 4142         16.615 Council on the Social Status of Black Men and Boys.—
 4143         (1) The Council on the Social Status of Black Men and Boys
 4144  is established within the Department of Legal Affairs and shall
 4145  consist of 19 members appointed as follows:
 4146         (j) The commissioner director of Jobs Florida the Agency
 4147  for Workforce Innovation or his or her designee.
 4148         Section 52. Paragraph (a) of subsection (8) and paragraph
 4149  (a) of subsection (9) of section 39.001, Florida Statutes, are
 4150  amended to read:
 4151         39.001 Purposes and intent; personnel standards and
 4152  screening.—
 4153         (8) PLAN FOR COMPREHENSIVE APPROACH.—
 4154         (a) The office shall develop a state plan for the promotion
 4155  of adoption, support of adoptive families, and prevention of
 4156  abuse, abandonment, and neglect of children and shall submit the
 4157  state plan to the Speaker of the House of Representatives, the
 4158  President of the Senate, and the Governor no later than December
 4159  31, 2008. The Department of Children and Family Services, the
 4160  Department of Corrections, the Department of Education, the
 4161  Department of Health, the Department of Juvenile Justice, the
 4162  Department of Law Enforcement, and the Agency for Persons with
 4163  Disabilities, and the Agency for Workforce Innovation shall
 4164  participate and fully cooperate in the development of the state
 4165  plan at both the state and local levels. Furthermore,
 4166  appropriate local agencies and organizations shall be provided
 4167  an opportunity to participate in the development of the state
 4168  plan at the local level. Appropriate local groups and
 4169  organizations shall include, but not be limited to, community
 4170  mental health centers; guardian ad litem programs for children
 4171  under the circuit court; the school boards of the local school
 4172  districts; the Florida local advocacy councils; community-based
 4173  care lead agencies; private or public organizations or programs
 4174  with recognized expertise in working with child abuse prevention
 4175  programs for children and families; private or public
 4176  organizations or programs with recognized expertise in working
 4177  with children who are sexually abused, physically abused,
 4178  emotionally abused, abandoned, or neglected and with expertise
 4179  in working with the families of such children; private or public
 4180  programs or organizations with expertise in maternal and infant
 4181  health care; multidisciplinary child protection teams; child day
 4182  care centers; law enforcement agencies; and the circuit courts,
 4183  when guardian ad litem programs are not available in the local
 4184  area. The state plan to be provided to the Legislature and the
 4185  Governor shall include, as a minimum, the information required
 4186  of the various groups in paragraph (b).
 4187         (9) FUNDING AND SUBSEQUENT PLANS.—
 4188         (a) All budget requests submitted by the office, the
 4189  department, the Department of Health, the Department of
 4190  Education, the Department of Juvenile Justice, the Department of
 4191  Corrections, the Agency for Persons with Disabilities, the
 4192  Agency for Workforce Innovation, or any other agency to the
 4193  Legislature for funding of efforts for the promotion of
 4194  adoption, support of adoptive families, and prevention of child
 4195  abuse, abandonment, and neglect shall be based on the state plan
 4196  developed pursuant to this section.
 4197         Section 53. Paragraph (a) of subsection (7) of section
 4198  45.031, Florida Statutes, is amended to read:
 4199         45.031 Judicial sales procedure.—In any sale of real or
 4200  personal property under an order or judgment, the procedures
 4201  provided in this section and ss. 45.0315-45.035 may be followed
 4202  as an alternative to any other sale procedure if so ordered by
 4203  the court.
 4204         (7) DISBURSEMENTS OF PROCEEDS.—
 4205         (a) On filing a certificate of title, the clerk shall
 4206  disburse the proceeds of the sale in accordance with the order
 4207  or final judgment and shall file a report of such disbursements
 4208  and serve a copy of it on each party, and on the Department of
 4209  Revenue if the department was named as a defendant in the action
 4210  or if Jobs Florida or the former Agency for Workforce Innovation
 4211  or the former Department of Labor and Employment Security was
 4212  named as a defendant while the Department of Revenue was
 4213  providing unemployment tax collection services under contract
 4214  with Jobs Florida or the former Agency for Workforce Innovation
 4215  through an interagency agreement pursuant to s. 443.1316.
 4216         Section 54. Paragraph (a) of subsection (4) of section
 4217  69.041, Florida Statutes, is amended to read:
 4218         69.041 State named party; lien foreclosure, suit to quiet
 4219  title.—
 4220         (4)(a) The Department of Revenue has the right to
 4221  participate in the disbursement of funds remaining in the
 4222  registry of the court after distribution pursuant to s.
 4223  45.031(7). The department shall participate in accordance with
 4224  applicable procedures in any mortgage foreclosure action in
 4225  which the department has a duly filed tax warrant, or interests
 4226  under a lien arising from a judgment, order, or decree for
 4227  support, as defined in s. 409.2554, or interest in an
 4228  unemployment compensation tax lien under contract with Jobs
 4229  Florida the Agency for Workforce Innovation through an
 4230  interagency agreement pursuant to s. 443.1316, against the
 4231  subject property and with the same priority, regardless of
 4232  whether a default against the department, Jobs Florida, or the
 4233  former Agency for Workforce Innovation, or the former Department
 4234  of Labor and Employment Security has been entered for failure to
 4235  file an answer or other responsive pleading.
 4236         Section 55. Subsection (3) of section 112.3135, Florida
 4237  Statutes, is amended to read:
 4238         112.3135 Restriction on employment of relatives.—
 4239         (3) An agency may prescribe regulations authorizing the
 4240  temporary employment, in the event of an emergency as defined in
 4241  s. 252.34(3), of individuals whose employment would be otherwise
 4242  prohibited by this section.
 4243         Section 56. Paragraph (d) of subsection (2) and paragraph
 4244  (f) of subsection (5) of section 119.071, Florida Statutes, are
 4245  amended to read:
 4246         119.071 General exemptions from inspection or copying of
 4247  public records.—
 4248         (2) AGENCY INVESTIGATIONS.—
 4249         (d) Any information revealing surveillance techniques or
 4250  procedures or personnel is exempt from s. 119.07(1) and s.
 4251  24(a), Art. I of the State Constitution. Any comprehensive
 4252  inventory of state and local law enforcement resources compiled
 4253  pursuant to part I, chapter 23, and any comprehensive policies
 4254  or plans compiled by a criminal justice agency pertaining to the
 4255  mobilization, deployment, or tactical operations involved in
 4256  responding to an emergency emergencies, as defined in s.
 4257  252.34(3), are exempt from s. 119.07(1) and s. 24(a), Art. I of
 4258  the State Constitution and unavailable for inspection, except by
 4259  personnel authorized by a state or local law enforcement agency,
 4260  the office of the Governor, the Department of Legal Affairs, the
 4261  Department of Law Enforcement, or the Office of Emergency
 4262  Management the Department of Community Affairs as having an
 4263  official need for access to the inventory or comprehensive
 4264  policies or plans.
 4265         (5) OTHER PERSONAL INFORMATION.—
 4266         (f) Medical history records and information related to
 4267  health or property insurance provided to Jobs Florida the
 4268  Department of Community Affairs, the Florida Housing Finance
 4269  Corporation, a county, a municipality, or a local housing
 4270  finance agency by an applicant for or a participant in a
 4271  federal, state, or local housing assistance program are
 4272  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
 4273  of the State Constitution. Governmental entities or their agents
 4274  shall have access to such confidential and exempt records and
 4275  information for the purpose of auditing federal, state, or local
 4276  housing programs or housing assistance programs. Such
 4277  confidential and exempt records and information may be used in
 4278  any administrative or judicial proceeding, provided such records
 4279  are kept confidential and exempt unless otherwise ordered by a
 4280  court.
 4281         Section 57. Subsection (10) of section 120.80, Florida
 4282  Statutes, is amended to read:
 4283         120.80 Exceptions and special requirements; agencies.—
 4284         (10) JOBS FLORIDA AGENCY FOR WORKFORCE INNOVATION.—
 4285         (a) Notwithstanding s. 120.54, the rulemaking provisions of
 4286  this chapter do not apply to unemployment appeals referees.
 4287         (b) Notwithstanding s. 120.54(5), the uniform rules of
 4288  procedure do not apply to appeal proceedings conducted under
 4289  chapter 443 by the Unemployment Appeals Commission, special
 4290  deputies, or unemployment appeals referees.
 4291         (c) Notwithstanding s. 120.57(1)(a), hearings under chapter
 4292  443 may not be conducted by an administrative law judge assigned
 4293  by the division, but instead shall be conducted by the
 4294  Unemployment Appeals Commission in unemployment compensation
 4295  appeals, unemployment appeals referees, and Jobs Florida the
 4296  Agency for Workforce Innovation or its special deputies under s.
 4297  443.141.
 4298         Section 58. Subsection (1) of section 125.01045, Florida
 4299  Statutes, is amended to read:
 4300         125.01045 Prohibition of fees for first responder
 4301  services.—
 4302         (1) A county may not impose a fee or seek reimbursement for
 4303  any costs or expenses that may be incurred for services provided
 4304  by a first responder, including costs or expenses related to
 4305  personnel, supplies, motor vehicles, or equipment in response to
 4306  a motor vehicle accident, except for costs to contain or clean
 4307  up hazardous materials in quantities reportable to the Florida
 4308  State Warning Point at the Office Division of Emergency
 4309  Management, and costs for transportation and treatment provided
 4310  by ambulance services licensed pursuant to s. 401.23(4) and (5).
 4311         Section 59. Subsection (11) of section 159.803, Florida
 4312  Statutes, is amended to read:
 4313         159.803 Definitions.—As used in this part, the term:
 4314         (11) “Florida First Business project” means any project
 4315  which is certified by Jobs Florida the Office of Tourism, Trade,
 4316  and Economic Development as eligible to receive an allocation
 4317  from the Florida First Business allocation pool established
 4318  pursuant to s. 159.8083. Jobs Florida The Office of Tourism,
 4319  Trade, and Economic Development may certify those projects
 4320  meeting the criteria set forth in s. 288.106(4)(b) or any
 4321  project providing a substantial economic benefit to this state.
 4322         Section 60. Paragraph (a) of subsection (2) of section
 4323  159.8081, Florida Statutes, is amended to read:
 4324         159.8081 Manufacturing facility bond pool.—
 4325         (2)(a) The first 75 percent of this pool shall be available
 4326  on a first come, first served basis, except that 15 percent of
 4327  the state volume limitation allocated to this pool shall be
 4328  available as provided in paragraph (b). Before Prior to issuing
 4329  any written confirmations for the remaining 25 percent of this
 4330  pool, the director shall forward all notices of intent to issue
 4331  which are received by the division for manufacturing facility
 4332  projects to Jobs Florida the Office of Tourism, Trade, and
 4333  Economic Development. Jobs Florida The Office of Tourism, Trade,
 4334  and Economic Development and the Department of Community Affairs
 4335  shall decide, after receipt of the notices of intent to issue,
 4336  which notices will receive written confirmations. Such decision
 4337  shall be communicated in writing by Jobs Florida the Office of
 4338  Tourism, Trade, and Economic Development to the director within
 4339  10 days of receipt of such notices of intent to issue. Jobs
 4340  Florida The Office of Tourism, Trade, and Economic Development,
 4341  in consultation with the Department of Community Affairs, may
 4342  develop rules to ensure that allocation of the remaining 25
 4343  percent is consistent with the state’s economic development
 4344  policy.
 4345         Section 61. Section 159.8083, Florida Statutes, is amended
 4346  to read:
 4347         159.8083 Florida First Business allocation pool.—The
 4348  Florida First Business allocation pool is hereby established.
 4349  The Florida First Business allocation pool shall be available
 4350  solely to provide written confirmation for private activity
 4351  bonds to finance Florida First Business projects certified by
 4352  Jobs Florida the Office of Tourism, Trade, and Economic
 4353  Development as eligible to receive a written confirmation.
 4354  Allocations from such pool shall be awarded statewide pursuant
 4355  to procedures specified in s. 159.805, except that the
 4356  provisions of s. 159.805(2), (3), and (6) do not apply. Florida
 4357  First Business projects that are eligible for a carryforward do
 4358  shall not lose their allocation pursuant to s. 159.809(3) on
 4359  October 1, or pursuant to s. 159.809(4) on November 16, if they
 4360  have applied for and have been granted a carryforward by the
 4361  division pursuant to s. 159.81(1). In issuing written
 4362  confirmations of allocations for Florida First Business
 4363  projects, the division shall use the Florida First Business
 4364  allocation pool. If allocation is not available from the Florida
 4365  First Business allocation pool, the division shall issue written
 4366  confirmations of allocations for Florida First Business projects
 4367  pursuant to s. 159.806 or s. 159.807, in such order. For the
 4368  purpose of determining priority within a regional allocation
 4369  pool or the state allocation pool, notices of intent to issue
 4370  bonds for Florida First Business projects to be issued from a
 4371  regional allocation pool or the state allocation pool shall be
 4372  considered to have been received by the division at the time it
 4373  is determined by the division that the Florida First Business
 4374  allocation pool is unavailable to issue confirmation for such
 4375  Florida First Business project. If the total amount requested in
 4376  notices of intent to issue private activity bonds for Florida
 4377  First Business projects exceeds the total amount of the Florida
 4378  First Business allocation pool, the director shall forward all
 4379  timely notices of intent to issue, which are received by the
 4380  division for such projects, to Jobs Florida the Office of
 4381  Tourism, Trade, and Economic Development which shall render a
 4382  decision as to which notices of intent to issue are to receive
 4383  written confirmations. Jobs Florida The Office of Tourism,
 4384  Trade, and Economic Development, in consultation with the
 4385  division, shall develop rules to ensure that the allocation
 4386  provided in such pool is available solely to provide written
 4387  confirmations for private activity bonds to finance Florida
 4388  First Business projects and that such projects are feasible and
 4389  financially solvent.
 4390         Section 62. Subsection (10) of section 161.54, Florida
 4391  Statutes, is amended to read:
 4392         161.54 Definitions.—In construing ss. 161.52-161.58:
 4393         (10) “State land planning agency” means Jobs Florida the
 4394  Department of Community Affairs.
 4395         Section 63. Section 163.03, Florida Statutes, is amended to
 4396  read:
 4397         163.03 Commissioner of Jobs Florida Secretary of Community
 4398  Affairs; powers and duties; function of Jobs Florida Department
 4399  of Community Affairs with respect to federal grant-in-aid
 4400  programs.—
 4401         (1) The commissioner of Jobs Florida, or his or her
 4402  designee, Secretary of Community Affairs shall:
 4403         (a) Supervise and administer the activities of Jobs Florida
 4404  the department and shall advise the Governor, the Cabinet, and
 4405  the Legislature with respect to matters affecting community
 4406  affairs and local government and participate in the formulation
 4407  of policies which best use utilize the resources of state
 4408  government for the benefit of local government.
 4409         (b) Render services to local governments by assisting, upon
 4410  request, in applying for and securing federal and state funds
 4411  and by assisting the Executive Office of the Governor in
 4412  coordinating the activities of the state with federal programs
 4413  for assistance in and solution of urban problems.
 4414         (c) Under the direction of the Governor, administer
 4415  programs to apply rapidly all available aid to communities
 4416  stricken by an emergency as defined in s. 252.34(3) and, for
 4417  this purpose, provide liaison with federal agencies and other
 4418  public and private agencies.
 4419         (c)(d) When requested, administer programs which will
 4420  assist the efforts of local governments in developing mutual and
 4421  cooperative solutions to their common problems.
 4422         (d)(e) Conduct programs to encourage and promote the
 4423  involvement of private enterprise in the solution of urban
 4424  problems.
 4425         (e)(f) Conduct continuing programs of analysis and
 4426  evaluation of local governments and recommend to the Governor
 4427  programs and changes in the powers and organization of local
 4428  government as may seem necessary to strengthen local
 4429  governments.
 4430         (f)(g) Assist the Governor and the Cabinet in coordinating
 4431  and making more effective the activities and services of those
 4432  departments and agencies of the state which may be of service to
 4433  units of local government.
 4434         (g)(h) Provide consultative services and technical
 4435  assistance to local officials in the fields of housing,
 4436  redevelopment and renewal, local public improvement programs,
 4437  planning and zoning, and other local programs and collect and
 4438  disseminate information pertaining thereto, including
 4439  information concerning federal, state, and private assistance
 4440  programs and services.
 4441         (h)(i) Conduct research and studies, and prepare model
 4442  ordinances and codes relating to the areas referred to herein.
 4443         (i)(j) Cooperate with other state agencies in the
 4444  preparation of statewide plans relating to housing,
 4445  redevelopment and renewal, human resources development, local
 4446  planning and zoning, transportation and traffic, and other
 4447  matters relating to the purposes of this section.
 4448         (j)(k) Accept funds from all sources to be used utilized in
 4449  programs designed to combat juvenile crime, including the making
 4450  of contributions to the National Youth Emergency Corps.
 4451         (k)(l) Be authorized to accept and disburse funds from all
 4452  sources in order to carry out the following programs:
 4453         1. Advisory and informational services to local
 4454  governments.
 4455         2. Community development training under Title VIII of the
 4456  Housing Act of 1964.
 4457         3. Local planning assistance under s. 701 of the Housing
 4458  Act of 1954.
 4459         4. Statewide planning assistance under s. 701 of the
 4460  Housing Act of 1954.
 4461         5. Model cities technical assistance under s. 701 of the
 4462  Housing Act of 1954.
 4463         (l)(m) Perform such other functions, duties, or
 4464  responsibilities as may be hereafter assigned to him or her by
 4465  law.
 4466         (2) It is the intent of this section, with respect to
 4467  federal grant-in-aid programs, that Jobs Florida the department
 4468  serve as the agency for disseminating information to local
 4469  governments regarding the availability of federal grant-in-aid
 4470  assistance to local governments in their efforts to secure
 4471  federal grant-in-aid assistance, but only upon the request of
 4472  such local governments, and for assisting local governments in
 4473  maintaining liaison and communications with federal agencies
 4474  concerning federal grant-in-aid programs. Nothing contained
 4475  herein shall be construed to require consent, approval, or
 4476  authorization from Jobs Florida the department as a condition to
 4477  any application for or acceptance of grants-in-aid from the
 4478  United States Government.
 4479         (3) Jobs Florida The department is authorized to adopt
 4480  rules implementing the following grant programs, which rules
 4481  shall be consistent with the laws, regulations, or guidelines
 4482  governing the grant to Jobs Florida the department:
 4483         (a) Criminal justice grant programs administered by the
 4484  Bureau of Criminal Justice Assistance.
 4485         (b) Grants under the federal Outer Continental Shelf
 4486  Program administered by the Bureau of Land and Water Management.
 4487         (c) Federal housing assistance programs.
 4488         (d) Community Services Block Grant programs.
 4489         (e) Federal weatherization grant programs.
 4490         (f) The Jobs Impact Program of the federal Community
 4491  Development Block Grant.
 4492         Section 64. Paragraph (d) of subsection (2) and subsection
 4493  (3) of section 163.3178, Florida Statutes, are amended to read:
 4494         163.3178 Coastal management.—
 4495         (2) Each coastal management element required by s.
 4496  163.3177(6)(g) shall be based on studies, surveys, and data; be
 4497  consistent with coastal resource plans prepared and adopted
 4498  pursuant to general or special law; and contain:
 4499         (d) A component which outlines principles for hazard
 4500  mitigation and protection of human life against the effects of
 4501  natural disaster, including population evacuation, which take
 4502  into consideration the capability to safely evacuate the density
 4503  of coastal population proposed in the future land use plan
 4504  element in the event of an impending natural disaster. The
 4505  Office Division of Emergency Management shall manage the update
 4506  of the regional hurricane evacuation studies, ensure such
 4507  studies are done in a consistent manner, and ensure that the
 4508  methodology used for modeling storm surge is that used by the
 4509  National Hurricane Center.
 4510         (3) Expansions to port harbors, spoil disposal sites,
 4511  navigation channels, turning basins, harbor berths, and other
 4512  related inwater harbor facilities of ports listed in s.
 4513  403.021(9); port transportation facilities and projects listed
 4514  in s. 311.07(3)(b); intermodal transportation facilities
 4515  identified pursuant to s. 311.09(3); and facilities determined
 4516  by Jobs Florida the Department of Community Affairs and
 4517  applicable general-purpose local government to be port-related
 4518  industrial or commercial projects located within 3 miles of or
 4519  in a port master plan area which rely upon the use of port and
 4520  intermodal transportation facilities shall not be designated as
 4521  developments of regional impact if such expansions, projects, or
 4522  facilities are consistent with comprehensive master plans that
 4523  are in compliance with this section.
 4524         Section 65. Subsection (14) of section 163.3221, Florida
 4525  Statutes, is amended to read:
 4526         163.3221 Florida Local Government Development Agreement
 4527  Act; definitions.—As used in ss. 163.3220-163.3243:
 4528         (14) “State land planning agency” means Jobs Florida the
 4529  Department of Community Affairs.
 4530         Section 66. Subsection (10) of section 163.360, Florida
 4531  Statutes, is amended to read:
 4532         163.360 Community redevelopment plans.—
 4533         (10) Notwithstanding any other provisions of this part, if
 4534  when the governing body certifies that an area is in need of
 4535  redevelopment or rehabilitation as a result of an emergency as
 4536  defined in under s. 252.34(3), with respect to which the
 4537  Governor has certified the need for emergency assistance under
 4538  federal law, that area may be certified as a “blighted area,”
 4539  and the governing body may approve a community redevelopment
 4540  plan and community redevelopment with respect to such area
 4541  without regard to the provisions of this section requiring a
 4542  general plan for the county or municipality and a public hearing
 4543  on the community redevelopment.
 4544         Section 67. Subsection (1) of section 166.0446, Florida
 4545  Statutes, is amended to read:
 4546         166.0446 Prohibition of fees for first responder services.—
 4547         (1) A municipality may not impose a fee or seek
 4548  reimbursement for any costs or expenses that may be incurred for
 4549  services provided by a first responder, including costs or
 4550  expenses related to personnel, supplies, motor vehicles, or
 4551  equipment in response to a motor vehicle accident, except for
 4552  costs to contain or clean up hazardous materials in quantities
 4553  reportable to the Florida State Warning Point at the Office
 4554  Division of Emergency Management, and costs for transportation
 4555  and treatment provided by ambulance services licensed pursuant
 4556  to s. 401.23(4) and (5).
 4557         Section 68. Subsection (1) of section 175.021, Florida
 4558  Statutes, is amended to read:
 4559         175.021 Legislative declaration.—
 4560         (1) It is hereby declared by the Legislature that
 4561  firefighters, as hereinafter defined, perform state and
 4562  municipal functions; that it is their duty to extinguish fires,
 4563  to protect life, and to protect property at their own risk and
 4564  peril; that it is their duty to prevent conflagration and to
 4565  continuously instruct school personnel, public officials, and
 4566  private citizens in the prevention of fires and firesafety; that
 4567  they protect both life and property from local emergencies as
 4568  defined in s. 252.34(3); and that their activities are vital to
 4569  the public safety. It is further declared that firefighters
 4570  employed by special fire control districts serve under the same
 4571  circumstances and perform the same duties as firefighters
 4572  employed by municipalities and should therefore be entitled to
 4573  the benefits available under this chapter. Therefore, the
 4574  Legislature declares that it is a proper and legitimate state
 4575  purpose to provide a uniform retirement system for the benefit
 4576  of firefighters as hereinafter defined and intends, in
 4577  implementing the provisions of s. 14, Art. X of the State
 4578  Constitution as they relate to municipal and special district
 4579  firefighters’ pension trust fund systems and plans, that such
 4580  retirement systems or plans be managed, administered, operated,
 4581  and funded in such manner as to maximize the protection of the
 4582  firefighters’ pension trust funds. Pursuant to s. 18, Art. VII
 4583  of the State Constitution, the Legislature hereby determines and
 4584  declares that the provisions of this act fulfill an important
 4585  state interest.
 4586         Section 69. Paragraph (c) of subsection (4) of section
 4587  186.504, Florida Statutes, is amended to read:
 4588         186.504 Regional planning councils; creation; membership.—
 4589         (4) In addition to voting members appointed pursuant to
 4590  paragraph (2)(c), the Governor shall appoint the following ex
 4591  officio nonvoting members to each regional planning council:
 4592         (c) A representative nominated by Jobs Florida Enterprise
 4593  Florida, Inc., and the Office of Tourism, Trade, and Economic
 4594  Development.
 4595  
 4596  The Governor may also appoint ex officio nonvoting members
 4597  representing appropriate metropolitan planning organizations and
 4598  regional water supply authorities.
 4599         Section 70. Subsection (11) of section 186.505, Florida
 4600  Statutes, is amended to read:
 4601         186.505 Regional planning councils; powers and duties.—Any
 4602  regional planning council created hereunder shall have the
 4603  following powers:
 4604         (11) To cooperate, in the exercise of its planning
 4605  functions, with federal and state agencies in planning for
 4606  emergency management as defined in under s. 252.34(4).
 4607         Section 71. Paragraph (a) of subsection (1) of section
 4608  202.37, Florida Statutes, is amended to read:
 4609         202.37 Special rules for administration of local
 4610  communications services tax.—
 4611         (1)(a) Except as otherwise provided in this section, all
 4612  statutory provisions and administrative rules applicable to the
 4613  communications services tax imposed by s. 202.12 apply to any
 4614  local communications services tax imposed under s. 202.19, and
 4615  the department shall administer, collect, and enforce all taxes
 4616  imposed under s. 202.19, including interest and penalties
 4617  attributable thereto, in accordance with the same procedures
 4618  used in the administration, collection, and enforcement of the
 4619  communications services tax imposed by s. 202.12. Audits
 4620  performed by the department shall include a determination of the
 4621  dealer’s compliance with the jurisdictional situsing of its
 4622  customers’ service addresses and a determination of whether the
 4623  rate collected for the local tax pursuant to ss. 202.19 and
 4624  202.20 is correct. The person or entity designated by a local
 4625  government pursuant to s. 213.053(8) s. 213.053(8)(v) may
 4626  provide evidence to the department demonstrating a specific
 4627  person’s failure to fully or correctly report taxable
 4628  communications services sales within the jurisdiction. The
 4629  department may request additional information from the designee
 4630  to assist in any review. The department shall inform the
 4631  designee of what action, if any, the department intends to take
 4632  regarding the person.
 4633         Section 72. Paragraphs (j) and (p) of subsection (5) of
 4634  section 212.08, Florida Statutes, are amended to read:
 4635         212.08 Sales, rental, use, consumption, distribution, and
 4636  storage tax; specified exemptions.—The sale at retail, the
 4637  rental, the use, the consumption, the distribution, and the
 4638  storage to be used or consumed in this state of the following
 4639  are hereby specifically exempt from the tax imposed by this
 4640  chapter.
 4641         (5) EXEMPTIONS; ACCOUNT OF USE.—
 4642         (j) Machinery and equipment used in semiconductor, defense,
 4643  or space technology production.—
 4644         1.a. Industrial machinery and equipment used in
 4645  semiconductor technology facilities certified under subparagraph
 4646  5. to manufacture, process, compound, or produce semiconductor
 4647  technology products for sale or for use by these facilities are
 4648  exempt from the tax imposed by this chapter. For purposes of
 4649  this paragraph, industrial machinery and equipment includes
 4650  molds, dies, machine tooling, other appurtenances or accessories
 4651  to machinery and equipment, testing equipment, test beds,
 4652  computers, and software, whether purchased or self-fabricated,
 4653  and, if self-fabricated, includes materials and labor for
 4654  design, fabrication, and assembly.
 4655         b. Industrial machinery and equipment used in defense or
 4656  space technology facilities certified under subparagraph 5. to
 4657  design, manufacture, assemble, process, compound, or produce
 4658  defense technology products or space technology products for
 4659  sale or for use by these facilities are exempt from the tax
 4660  imposed by this chapter.
 4661         2. Building materials purchased for use in manufacturing or
 4662  expanding clean rooms in semiconductor-manufacturing facilities
 4663  are exempt from the tax imposed by this chapter.
 4664         3. In addition to meeting the criteria mandated by
 4665  subparagraph 1. or subparagraph 2., a business must be certified
 4666  by Jobs Florida the Office of Tourism, Trade, and Economic
 4667  Development in order to qualify for exemption under this
 4668  paragraph.
 4669         4. For items purchased tax-exempt pursuant to this
 4670  paragraph, possession of a written certification from the
 4671  purchaser, certifying the purchaser’s entitlement to the
 4672  exemption, relieves the seller of the responsibility of
 4673  collecting the tax on the sale of such items, and the department
 4674  shall look solely to the purchaser for recovery of the tax if it
 4675  determines that the purchaser was not entitled to the exemption.
 4676         5.a. To be eligible to receive the exemption provided by
 4677  subparagraph 1. or subparagraph 2., a qualifying business entity
 4678  shall initially apply to the Jobs Florida Partnership Enterprise
 4679  Florida, Inc. The original certification is valid for a period
 4680  of 2 years. In lieu of submitting a new application, the
 4681  original certification may be renewed biennially by submitting
 4682  to Jobs Florida the Office of Tourism, Trade, and Economic
 4683  Development a statement, certified under oath, that there has
 4684  been no material change in the conditions or circumstances
 4685  entitling the business entity to the original certification. The
 4686  initial application and the certification renewal statement
 4687  shall be developed by Jobs Florida the Office of Tourism, Trade,
 4688  and Economic Development in consultation with Enterprise
 4689  Florida, Inc.
 4690         b. The Jobs Florida Partnership Enterprise Florida, Inc.,
 4691  shall review each submitted initial application and determine
 4692  whether or not the application is complete within 5 working
 4693  days. Once complete, the Jobs Florida Partnership Enterprise
 4694  Florida, Inc., shall, within 10 working days, evaluate the
 4695  application and recommend approval or disapproval to Jobs
 4696  Florida the Office of Tourism, Trade, and Economic Development.
 4697         c. Upon receipt of the initial application and
 4698  recommendation from the Jobs Florida Partnership Enterprise
 4699  Florida, Inc., or upon receipt of a certification renewal
 4700  statement, Jobs Florida the Office of Tourism, Trade, and
 4701  Economic Development shall certify within 5 working days those
 4702  applicants who are found to meet the requirements of this
 4703  section and notify the applicant, the Jobs Florida Partnership
 4704  Enterprise Florida, Inc., and the department of the original
 4705  certification or certification renewal. If Jobs Florida the
 4706  Office of Tourism, Trade, and Economic Development finds that
 4707  the applicant does not meet the requirements, it shall notify
 4708  the applicant and the Jobs Florida Partnership Enterprise
 4709  Florida, Inc., within 10 working days that the application for
 4710  certification has been denied and the reasons for denial. Jobs
 4711  Florida The Office of Tourism, Trade, and Economic Development
 4712  has final approval authority for certification under this
 4713  section.
 4714         d. The initial application and certification renewal
 4715  statement must indicate, for program evaluation purposes only,
 4716  the average number of full-time equivalent employees at the
 4717  facility over the preceding calendar year, the average wage and
 4718  benefits paid to those employees over the preceding calendar
 4719  year, the total investment made in real and tangible personal
 4720  property over the preceding calendar year, and the total value
 4721  of tax-exempt purchases and taxes exempted during the previous
 4722  year. The department shall assist Jobs Florida the Office of
 4723  Tourism, Trade, and Economic Development in evaluating and
 4724  verifying information provided in the application for exemption.
 4725         e. Jobs Florida The Office of Tourism, Trade, and Economic
 4726  Development may use the information reported on the initial
 4727  application and certification renewal statement for evaluation
 4728  purposes only.
 4729         6. A business certified to receive this exemption may elect
 4730  to designate one or more state universities or community
 4731  colleges as recipients of up to 100 percent of the amount of the
 4732  exemption. To receive these funds, the institution must agree to
 4733  match the funds with equivalent cash, programs, services, or
 4734  other in-kind support on a one-to-one basis for research and
 4735  development projects requested by the certified business. The
 4736  rights to any patents, royalties, or real or intellectual
 4737  property must be vested in the business unless otherwise agreed
 4738  to by the business and the university or community college.
 4739         7. As used in this paragraph, the term:
 4740         a. “Semiconductor technology products” means raw
 4741  semiconductor wafers or semiconductor thin films that are
 4742  transformed into semiconductor memory or logic wafers, including
 4743  wafers containing mixed memory and logic circuits; related
 4744  assembly and test operations; active-matrix flat panel displays;
 4745  semiconductor chips; semiconductor lasers; optoelectronic
 4746  elements; and related semiconductor technology products as
 4747  determined by Jobs Florida the Office of Tourism, Trade, and
 4748  Economic Development.
 4749         b. “Clean rooms” means manufacturing facilities enclosed in
 4750  a manner that meets the clean manufacturing requirements
 4751  necessary for high-technology semiconductor-manufacturing
 4752  environments.
 4753         c. “Defense technology products” means products that have a
 4754  military application, including, but not limited to, weapons,
 4755  weapons systems, guidance systems, surveillance systems,
 4756  communications or information systems, munitions, aircraft,
 4757  vessels, or boats, or components thereof, which are intended for
 4758  military use and manufactured in performance of a contract with
 4759  the United States Department of Defense or the military branch
 4760  of a recognized foreign government or a subcontract thereunder
 4761  which relates to matters of national defense.
 4762         d. “Space technology products” means products that are
 4763  specifically designed or manufactured for application in space
 4764  activities, including, but not limited to, space launch
 4765  vehicles, space flight vehicles, missiles, satellites or
 4766  research payloads, avionics, and associated control systems and
 4767  processing systems and components of any of the foregoing. The
 4768  term does not include products that are designed or manufactured
 4769  for general commercial aviation or other uses even though those
 4770  products may also serve an incidental use in space applications.
 4771         (p) Community contribution tax credit for donations.—
 4772         1. Authorization.—Persons who are registered with the
 4773  department under s. 212.18 to collect or remit sales or use tax
 4774  and who make donations to eligible sponsors are eligible for tax
 4775  credits against their state sales and use tax liabilities as
 4776  provided in this paragraph:
 4777         a. The credit shall be computed as 50 percent of the
 4778  person’s approved annual community contribution.
 4779         b. The credit shall be granted as a refund against state
 4780  sales and use taxes reported on returns and remitted in the 12
 4781  months preceding the date of application to the department for
 4782  the credit as required in sub-subparagraph 3.c. If the annual
 4783  credit is not fully used through such refund because of
 4784  insufficient tax payments during the applicable 12-month period,
 4785  the unused amount may be included in an application for a refund
 4786  made pursuant to sub-subparagraph 3.c. in subsequent years
 4787  against the total tax payments made for such year. Carryover
 4788  credits may be applied for a 3-year period without regard to any
 4789  time limitation that would otherwise apply under s. 215.26.
 4790         c. A person may not receive more than $200,000 in annual
 4791  tax credits for all approved community contributions made in any
 4792  one year.
 4793         d. All proposals for the granting of the tax credit require
 4794  the prior approval of Jobs Florida the Office of Tourism, Trade,
 4795  and Economic Development.
 4796         e. The total amount of tax credits which may be granted for
 4797  all programs approved under this paragraph, s. 220.183, and s.
 4798  624.5105 is $10.5 million annually for projects that provide
 4799  homeownership opportunities for low-income or very-low-income
 4800  households as defined in s. 420.9071(19) and (28) and $3.5
 4801  million annually for all other projects.
 4802         f. A person who is eligible to receive the credit provided
 4803  for in this paragraph, s. 220.183, or s. 624.5105 may receive
 4804  the credit only under the one section of the person’s choice.
 4805         2. Eligibility requirements.—
 4806         a. A community contribution by a person must be in the
 4807  following form:
 4808         (I) Cash or other liquid assets;
 4809         (II) Real property;
 4810         (III) Goods or inventory; or
 4811         (IV) Other physical resources as identified by Jobs Florida
 4812  the Office of Tourism, Trade, and Economic Development.
 4813         b. All community contributions must be reserved exclusively
 4814  for use in a project. As used in this sub-subparagraph, the term
 4815  “project” means any activity undertaken by an eligible sponsor
 4816  which is designed to construct, improve, or substantially
 4817  rehabilitate housing that is affordable to low-income or very
 4818  low-income households as defined in s. 420.9071(19) and (28);
 4819  designed to provide commercial, industrial, or public resources
 4820  and facilities; or designed to improve entrepreneurial and job
 4821  development opportunities for low-income persons. A project may
 4822  be the investment necessary to increase access to high-speed
 4823  broadband capability in rural communities with enterprise zones,
 4824  including projects that result in improvements to communications
 4825  assets that are owned by a business. A project may include the
 4826  provision of museum educational programs and materials that are
 4827  directly related to any project approved between January 1,
 4828  1996, and December 31, 1999, and located in an enterprise zone
 4829  designated pursuant to s. 290.0065. This paragraph does not
 4830  preclude projects that propose to construct or rehabilitate
 4831  housing for low-income or very-low-income households on
 4832  scattered sites. With respect to housing, contributions may be
 4833  used to pay the following eligible low-income and very-low
 4834  income housing-related activities:
 4835         (I) Project development impact and management fees for low
 4836  income or very-low-income housing projects;
 4837         (II) Down payment and closing costs for eligible persons,
 4838  as defined in s. 420.9071(19) and (28);
 4839         (III) Administrative costs, including housing counseling
 4840  and marketing fees, not to exceed 10 percent of the community
 4841  contribution, directly related to low-income or very-low-income
 4842  projects; and
 4843         (IV) Removal of liens recorded against residential property
 4844  by municipal, county, or special district local governments when
 4845  satisfaction of the lien is a necessary precedent to the
 4846  transfer of the property to an eligible person, as defined in s.
 4847  420.9071(19) and (28), for the purpose of promoting home
 4848  ownership. Contributions for lien removal must be received from
 4849  a nonrelated third party.
 4850         c. The project must be undertaken by an “eligible sponsor,”
 4851  which includes:
 4852         (I) A community action program;
 4853         (II) A nonprofit community-based development organization
 4854  whose mission is the provision of housing for low-income or
 4855  very-low-income households or increasing entrepreneurial and
 4856  job-development opportunities for low-income persons;
 4857         (III) A neighborhood housing services corporation;
 4858         (IV) A local housing authority created under chapter 421;
 4859         (V) A community redevelopment agency created under s.
 4860  163.356;
 4861         (VI) The Florida Industrial Development Corporation;
 4862         (VII) A historic preservation district agency or
 4863  organization;
 4864         (VIII) A regional workforce board;
 4865         (IX) A direct-support organization as provided in s.
 4866  1009.983;
 4867         (X) An enterprise zone development agency created under s.
 4868  290.0056;
 4869         (XI) A community-based organization incorporated under
 4870  chapter 617 which is recognized as educational, charitable, or
 4871  scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
 4872  and whose bylaws and articles of incorporation include
 4873  affordable housing, economic development, or community
 4874  development as the primary mission of the corporation;
 4875         (XII) Units of local government;
 4876         (XIII) Units of state government; or
 4877         (XIV) Any other agency that Jobs Florida the Office of
 4878  Tourism, Trade, and Economic Development designates by rule.
 4879  
 4880  In no event may a contributing person have a financial interest
 4881  in the eligible sponsor.
 4882         d. The project must be located in an area designated an
 4883  enterprise zone or a Front Porch Florida Community pursuant to
 4884  s. 20.18(6), unless the project increases access to high-speed
 4885  broadband capability for rural communities with enterprise zones
 4886  but is physically located outside the designated rural zone
 4887  boundaries. Any project designed to construct or rehabilitate
 4888  housing for low-income or very-low-income households as defined
 4889  in s. 420.9071(19) and (28) is exempt from the area requirement
 4890  of this sub-subparagraph.
 4891         e.(I) If, during the first 10 business days of the state
 4892  fiscal year, eligible tax credit applications for projects that
 4893  provide homeownership opportunities for low-income or very-low
 4894  income households as defined in s. 420.9071(19) and (28) are
 4895  received for less than the annual tax credits available for
 4896  those projects, Jobs Florida the Office of Tourism, Trade, and
 4897  Economic Development shall grant tax credits for those
 4898  applications and shall grant remaining tax credits on a first
 4899  come, first-served basis for any subsequent eligible
 4900  applications received before the end of the state fiscal year.
 4901  If, during the first 10 business days of the state fiscal year,
 4902  eligible tax credit applications for projects that provide
 4903  homeownership opportunities for low-income or very-low-income
 4904  households as defined in s. 420.9071(19) and (28) are received
 4905  for more than the annual tax credits available for those
 4906  projects, Jobs Florida the office shall grant the tax credits
 4907  for those applications as follows:
 4908         (A) If tax credit applications submitted for approved
 4909  projects of an eligible sponsor do not exceed $200,000 in total,
 4910  the credits shall be granted in full if the tax credit
 4911  applications are approved.
 4912         (B) If tax credit applications submitted for approved
 4913  projects of an eligible sponsor exceed $200,000 in total, the
 4914  amount of tax credits granted pursuant to sub-sub-sub
 4915  subparagraph (A) shall be subtracted from the amount of
 4916  available tax credits, and the remaining credits shall be
 4917  granted to each approved tax credit application on a pro rata
 4918  basis.
 4919         (II) If, during the first 10 business days of the state
 4920  fiscal year, eligible tax credit applications for projects other
 4921  than those that provide homeownership opportunities for low
 4922  income or very-low-income households as defined in s.
 4923  420.9071(19) and (28) are received for less than the annual tax
 4924  credits available for those projects, Jobs Florida the office
 4925  shall grant tax credits for those applications and shall grant
 4926  remaining tax credits on a first-come, first-served basis for
 4927  any subsequent eligible applications received before the end of
 4928  the state fiscal year. If, during the first 10 business days of
 4929  the state fiscal year, eligible tax credit applications for
 4930  projects other than those that provide homeownership
 4931  opportunities for low-income or very-low-income households as
 4932  defined in s. 420.9071(19) and (28) are received for more than
 4933  the annual tax credits available for those projects, the office
 4934  shall grant the tax credits for those applications on a pro rata
 4935  basis.
 4936         3. Application requirements.—
 4937         a. Any eligible sponsor seeking to participate in this
 4938  program must submit a proposal to Jobs Florida the Office of
 4939  Tourism, Trade, and Economic Development which sets forth the
 4940  name of the sponsor, a description of the project, and the area
 4941  in which the project is located, together with such supporting
 4942  information as is prescribed by rule. The proposal must also
 4943  contain a resolution from the local governmental unit in which
 4944  the project is located certifying that the project is consistent
 4945  with local plans and regulations.
 4946         b. Any person seeking to participate in this program must
 4947  submit an application for tax credit to Jobs Florida the office
 4948  which sets forth the name of the sponsor, a description of the
 4949  project, and the type, value, and purpose of the contribution.
 4950  The sponsor shall verify the terms of the application and
 4951  indicate its receipt of the contribution, which verification
 4952  must be in writing and accompany the application for tax credit.
 4953  The person must submit a separate tax credit application to Jobs
 4954  Florida the office for each individual contribution that it
 4955  makes to each individual project.
 4956         c. Any person who has received notification from Jobs
 4957  Florida the office that a tax credit has been approved must
 4958  apply to the department to receive the refund. Application must
 4959  be made on the form prescribed for claiming refunds of sales and
 4960  use taxes and be accompanied by a copy of the notification. A
 4961  person may submit only one application for refund to the
 4962  department within any 12-month period.
 4963         4. Administration.—
 4964         a. Jobs Florida The Office of Tourism, Trade, and Economic
 4965  Development may adopt rules pursuant to ss. 120.536(1) and
 4966  120.54 necessary to administer this paragraph, including rules
 4967  for the approval or disapproval of proposals by a person.
 4968         b. The decision of Jobs Florida the office must be in
 4969  writing, and, if approved, the notification shall state the
 4970  maximum credit allowable to the person. Upon approval, Jobs
 4971  Florida the office shall transmit a copy of the decision to the
 4972  Department of Revenue.
 4973         c. Jobs Florida The office shall periodically monitor all
 4974  projects in a manner consistent with available resources to
 4975  ensure that resources are used in accordance with this
 4976  paragraph; however, each project must be reviewed at least once
 4977  every 2 years.
 4978         d. Jobs Florida The office shall, in consultation with the
 4979  Department of Community Affairs and the statewide and regional
 4980  housing and financial intermediaries, market the availability of
 4981  the community contribution tax credit program to community-based
 4982  organizations.
 4983         5. Expiration.—This paragraph expires June 30, 2015;
 4984  however, any accrued credit carryover that is unused on that
 4985  date may be used until the expiration of the 3-year carryover
 4986  period for such credit.
 4987         Section 73. Paragraph (d) of subsection (1) of section
 4988  212.096, Florida Statutes, is amended to read:
 4989         212.096 Sales, rental, storage, use tax; enterprise zone
 4990  jobs credit against sales tax.—
 4991         (1) For the purposes of the credit provided in this
 4992  section:
 4993         (d) “Job” means a full-time position, as consistent with
 4994  terms used by Jobs Florida the Agency for Workforce Innovation
 4995  and the United States Department of Labor for purposes of
 4996  unemployment compensation tax administration and employment
 4997  estimation resulting directly from a business operation in this
 4998  state. This term may not include a temporary construction job
 4999  involved with the construction of facilities or any job that has
 5000  previously been included in any application for tax credits
 5001  under s. 220.181(1). The term also includes employment of an
 5002  employee leased from an employee leasing company licensed under
 5003  chapter 468 if such employee has been continuously leased to the
 5004  employer for an average of at least 36 hours per week for more
 5005  than 6 months.
 5006  
 5007  A person shall be deemed to be employed if the person performs
 5008  duties in connection with the operations of the business on a
 5009  regular, full-time basis, provided the person is performing such
 5010  duties for an average of at least 36 hours per week each month.
 5011  The person must be performing such duties at a business site
 5012  located in the enterprise zone.
 5013         Section 74. Paragraphs (a) and (e) of subsection (1) and
 5014  subsections (6), (7), and (10) of section 212.097, Florida
 5015  Statutes, are amended to read:
 5016         212.097 Urban High-Crime Area Job Tax Credit Program.—
 5017         (1) As used in this section, the term:
 5018         (a) “Eligible business” means any sole proprietorship,
 5019  firm, partnership, or corporation that is located in a qualified
 5020  county and is predominantly engaged in, or is headquarters for a
 5021  business predominantly engaged in, activities usually provided
 5022  for consideration by firms classified within the following
 5023  standard industrial classifications: SIC 01-SIC 09 (agriculture,
 5024  forestry, and fishing); SIC 20-SIC 39 (manufacturing); SIC 52
 5025  SIC 57 and SIC 59 (retail); SIC 422 (public warehousing and
 5026  storage); SIC 70 (hotels and other lodging places); SIC 7391
 5027  (research and development); SIC 781 (motion picture production
 5028  and allied services); SIC 7992 (public golf courses); and SIC
 5029  7996 (amusement parks). A call center or similar customer
 5030  service operation that services a multistate market or
 5031  international market is also an eligible business. In addition,
 5032  Jobs Florida the Office of Tourism, Trade, and Economic
 5033  Development may, as part of its final budget request submitted
 5034  pursuant to s. 216.023, recommend additions to or deletions from
 5035  the list of standard industrial classifications used to
 5036  determine an eligible business, and the Legislature may
 5037  implement such recommendations. Excluded from eligible receipts
 5038  are receipts from retail sales, except such receipts for SIC 52
 5039  SIC 57 and SIC 59 (retail) hotels and other lodging places
 5040  classified in SIC 70, public golf courses in SIC 7992, and
 5041  amusement parks in SIC 7996. For purposes of this paragraph, the
 5042  term “predominantly” means that more than 50 percent of the
 5043  business’s gross receipts from all sources is generated by those
 5044  activities usually provided for consideration by firms in the
 5045  specified standard industrial classification. The determination
 5046  of whether the business is located in a qualified high-crime
 5047  area and the tier ranking of that area must be based on the date
 5048  of application for the credit under this section. Commonly owned
 5049  and controlled entities are to be considered a single business
 5050  entity.
 5051         (e) “Qualified high-crime area” means an area selected by
 5052  Jobs Florida the Office of Tourism, Trade, and Economic
 5053  Development in the following manner: every third year, Jobs
 5054  Florida the Office shall rank and tier those areas nominated
 5055  under subsection (7), according to the following prioritized
 5056  criteria:
 5057         1. Highest arrest rates within the geographic area for
 5058  violent crime and for such other crimes as drug sale, drug
 5059  possession, prostitution, vandalism, and civil disturbances;
 5060         2. Highest reported crime volume and rate of specific
 5061  property crimes such as business and residential burglary, motor
 5062  vehicle theft, and vandalism;
 5063         3. Highest percentage of reported index crimes that are
 5064  violent in nature;
 5065         4. Highest overall index crime volume for the area; and
 5066         5. Highest overall index crime rate for the geographic
 5067  area.
 5068  
 5069  Tier-one areas are ranked 1 through 5 and represent the highest
 5070  crime areas according to this ranking. Tier-two areas are ranked
 5071  6 through 10 according to this ranking. Tier-three areas are
 5072  ranked 11 through 15. Notwithstanding this definition,
 5073  “qualified high-crime area” also means an area that has been
 5074  designated as a federal Empowerment Zone pursuant to the
 5075  Taxpayer Relief Act of 1997. Such a designated area is ranked in
 5076  tier three until the areas are reevaluated by Jobs Florida the
 5077  Office of Tourism, Trade, and Economic Development.
 5078         (6) Any county or municipality, or a county and one or more
 5079  municipalities together, may apply to Jobs Florida the Office of
 5080  Tourism, Trade, and Economic Development for the designation of
 5081  an area as a high-crime area after the adoption by the governing
 5082  body or bodies of a resolution that:
 5083         (a) Finds that a high-crime area exists in such county or
 5084  municipality, or in both the county and one or more
 5085  municipalities, which chronically exhibits extreme and
 5086  unacceptable levels of poverty, unemployment, physical
 5087  deterioration, and economic disinvestment;
 5088         (b) Determines that the rehabilitation, conservation, or
 5089  redevelopment, or a combination thereof, of such a high-crime
 5090  area is necessary in the interest of the health, safety, and
 5091  welfare of the residents of such county or municipality, or such
 5092  county and one or more municipalities; and
 5093         (c) Determines that the revitalization of such a high-crime
 5094  area can occur if the public sector or private sector can be
 5095  induced to invest its own resources in productive enterprises
 5096  that build or rebuild the economic viability of the area.
 5097         (7) The governing body of the entity nominating the area
 5098  shall provide to Jobs Florida the Office of Tourism, Trade, and
 5099  Economic Development the following:
 5100         (a) The overall index crime rate for the geographic area;
 5101         (b) The overall index crime volume for the area;
 5102         (c) The percentage of reported index crimes that are
 5103  violent in nature;
 5104         (d) The reported crime volume and rate of specific property
 5105  crimes such as business and residential burglary, motor vehicle
 5106  theft, and vandalism; and
 5107         (e) The arrest rates within the geographic area for violent
 5108  crime and for such other crimes as drug sale, drug possession,
 5109  prostitution, disorderly conduct, vandalism, and other public
 5110  order offenses.
 5111         (10)(a) In order to claim this credit, an eligible business
 5112  must file under oath with Jobs Florida the Office of Tourism,
 5113  Trade, and Economic Development a statement that includes the
 5114  name and address of the eligible business and any other
 5115  information that is required to process the application.
 5116         (b) Applications shall be reviewed and certified pursuant
 5117  to s. 288.061.
 5118         (c) The maximum credit amount that may be approved during
 5119  any calendar year is $5 million, of which $1 million shall be
 5120  exclusively reserved for tier-one areas. The Department of
 5121  Revenue, in conjunction with Jobs Florida the Office of Tourism,
 5122  Trade, and Economic Development, shall notify the governing
 5123  bodies in areas designated as urban high-crime areas when the $5
 5124  million maximum amount has been reached. Applications must be
 5125  considered for approval in the order in which they are received
 5126  without regard to whether the credit is for a new or existing
 5127  business. This limitation applies to the value of the credit as
 5128  contained in approved applications. Approved credits may be
 5129  taken in the time and manner allowed pursuant to this section.
 5130         Section 75. Paragraphs (a) and (c) of subsection (1) and
 5131  subsections (6) and (7), of section 212.098, Florida Statutes,
 5132  are amended to read:
 5133         212.098 Rural Job Tax Credit Program.—
 5134         (1) As used in this section, the term:
 5135         (a) “Eligible business” means any sole proprietorship,
 5136  firm, partnership, or corporation that is located in a qualified
 5137  county and is predominantly engaged in, or is headquarters for a
 5138  business predominantly engaged in, activities usually provided
 5139  for consideration by firms classified within the following
 5140  standard industrial classifications: SIC 01-SIC 09 (agriculture,
 5141  forestry, and fishing); SIC 20-SIC 39 (manufacturing); SIC 422
 5142  (public warehousing and storage); SIC 70 (hotels and other
 5143  lodging places); SIC 7391 (research and development); SIC 781
 5144  (motion picture production and allied services); SIC 7992
 5145  (public golf courses); SIC 7996 (amusement parks); and a
 5146  targeted industry eligible for the qualified target industry
 5147  business tax refund under s. 288.106. A call center or similar
 5148  customer service operation that services a multistate market or
 5149  an international market is also an eligible business. In
 5150  addition, Jobs Florida the Office of Tourism, Trade, and
 5151  Economic Development may, as part of its final budget request
 5152  submitted pursuant to s. 216.023, recommend additions to or
 5153  deletions from the list of standard industrial classifications
 5154  used to determine an eligible business, and the Legislature may
 5155  implement such recommendations. Excluded from eligible receipts
 5156  are receipts from retail sales, except such receipts for hotels
 5157  and other lodging places classified in SIC 70, public golf
 5158  courses in SIC 7992, and amusement parks in SIC 7996. For
 5159  purposes of this paragraph, the term “predominantly” means that
 5160  more than 50 percent of the business’s gross receipts from all
 5161  sources is generated by those activities usually provided for
 5162  consideration by firms in the specified standard industrial
 5163  classification. The determination of whether the business is
 5164  located in a qualified county and the tier ranking of that
 5165  county must be based on the date of application for the credit
 5166  under this section. Commonly owned and controlled entities are
 5167  to be considered a single business entity.
 5168         (c) “Qualified area” means any area that is contained
 5169  within a rural area of critical economic concern designated
 5170  under s. 288.0656, a county that has a population of fewer than
 5171  75,000 persons, or a county that has a population of 125,000 or
 5172  less and is contiguous to a county that has a population of less
 5173  than 75,000, selected in the following manner: every third year,
 5174  Jobs Florida the Office of Tourism, Trade, and Economic
 5175  Development shall rank and tier the state’s counties according
 5176  to the following four factors:
 5177         1. Highest unemployment rate for the most recent 36-month
 5178  period.
 5179         2. Lowest per capita income for the most recent 36-month
 5180  period.
 5181         3. Highest percentage of residents whose incomes are below
 5182  the poverty level, based upon the most recent data available.
 5183         4. Average weekly manufacturing wage, based upon the most
 5184  recent data available.
 5185         (6)(a) In order to claim this credit, an eligible business
 5186  must file under oath with Jobs Florida the Office of Tourism,
 5187  Trade, and Economic Development a statement that includes the
 5188  name and address of the eligible business, the starting salary
 5189  or hourly wages paid to the new employee, and any other
 5190  information that the Department of Revenue requires.
 5191         (b) Within 30 working days after receipt of an application
 5192  for credit, Jobs Florida the Office of Tourism, Trade, and
 5193  Economic Development shall review the application to determine
 5194  whether it contains all the information required by this
 5195  subsection and meets the criteria set out in this section.
 5196  Subject to the provisions of paragraph (c), Jobs Florida the
 5197  Office of Tourism, Trade, and Economic Development shall approve
 5198  all applications that contain the information required by this
 5199  subsection and meet the criteria set out in this section as
 5200  eligible to receive a credit.
 5201         (c) The maximum credit amount that may be approved during
 5202  any calendar year is $5 million. The Department of Revenue, in
 5203  conjunction with Jobs Florida the Office of Tourism, Trade, and
 5204  Economic Development, shall notify the governing bodies in areas
 5205  designated as qualified counties when the $5 million maximum
 5206  amount has been reached. Applications must be considered for
 5207  approval in the order in which they are received without regard
 5208  to whether the credit is for a new or existing business. This
 5209  limitation applies to the value of the credit as contained in
 5210  approved applications. Approved credits may be taken in the time
 5211  and manner allowed pursuant to this section.
 5212         (d) A business may not receive more than $500,000 of tax
 5213  credits under this section during any one calendar year.
 5214         (7) If the application is insufficient to support the
 5215  credit authorized in this section, Jobs Florida the Office of
 5216  Tourism, Trade, and Economic Development shall deny the credit
 5217  and notify the business of that fact. The business may reapply
 5218  for this credit within 3 months after such notification.
 5219         Section 76. Paragraph (d) of subsection (6) of section
 5220  212.20, Florida Statutes, is amended to read:
 5221         212.20 Funds collected, disposition; additional powers of
 5222  department; operational expense; refund of taxes adjudicated
 5223  unconstitutionally collected.—
 5224         (6) Distribution of all proceeds under this chapter and s.
 5225  202.18(1)(b) and (2)(b) shall be as follows:
 5226         (d) The proceeds of all other taxes and fees imposed
 5227  pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
 5228  and (2)(b) shall be distributed as follows:
 5229         1. In any fiscal year, the greater of $500 million, minus
 5230  an amount equal to 4.6 percent of the proceeds of the taxes
 5231  collected pursuant to chapter 201, or 5.2 percent of all other
 5232  taxes and fees imposed pursuant to this chapter or remitted
 5233  pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
 5234  monthly installments into the General Revenue Fund.
 5235         2. After the distribution under subparagraph 1., 8.814
 5236  percent of the amount remitted by a sales tax dealer located
 5237  within a participating county pursuant to s. 218.61 shall be
 5238  transferred into the Local Government Half-cent Sales Tax
 5239  Clearing Trust Fund. Beginning July 1, 2003, the amount to be
 5240  transferred shall be reduced by 0.1 percent, and the department
 5241  shall distribute this amount to the Public Employees Relations
 5242  Commission Trust Fund less $5,000 each month, which shall be
 5243  added to the amount calculated in subparagraph 3. and
 5244  distributed accordingly.
 5245         3. After the distribution under subparagraphs 1. and 2.,
 5246  0.095 percent shall be transferred to the Local Government Half
 5247  cent Sales Tax Clearing Trust Fund and distributed pursuant to
 5248  s. 218.65.
 5249         4. After the distributions under subparagraphs 1., 2., and
 5250  3., 2.0440 percent of the available proceeds shall be
 5251  transferred monthly to the Revenue Sharing Trust Fund for
 5252  Counties pursuant to s. 218.215.
 5253         5. After the distributions under subparagraphs 1., 2., and
 5254  3., 1.3409 percent of the available proceeds shall be
 5255  transferred monthly to the Revenue Sharing Trust Fund for
 5256  Municipalities pursuant to s. 218.215. If the total revenue to
 5257  be distributed pursuant to this subparagraph is at least as
 5258  great as the amount due from the Revenue Sharing Trust Fund for
 5259  Municipalities and the former Municipal Financial Assistance
 5260  Trust Fund in state fiscal year 1999-2000, no municipality shall
 5261  receive less than the amount due from the Revenue Sharing Trust
 5262  Fund for Municipalities and the former Municipal Financial
 5263  Assistance Trust Fund in state fiscal year 1999-2000. If the
 5264  total proceeds to be distributed are less than the amount
 5265  received in combination from the Revenue Sharing Trust Fund for
 5266  Municipalities and the former Municipal Financial Assistance
 5267  Trust Fund in state fiscal year 1999-2000, each municipality
 5268  shall receive an amount proportionate to the amount it was due
 5269  in state fiscal year 1999-2000.
 5270         6. Of the remaining proceeds:
 5271         a. In each fiscal year, the sum of $29,915,500 shall be
 5272  divided into as many equal parts as there are counties in the
 5273  state, and one part shall be distributed to each county. The
 5274  distribution among the several counties must begin each fiscal
 5275  year on or before January 5th and continue monthly for a total
 5276  of 4 months. If a local or special law required that any moneys
 5277  accruing to a county in fiscal year 1999-2000 under the then
 5278  existing provisions of s. 550.135 be paid directly to the
 5279  district school board, special district, or a municipal
 5280  government, such payment must continue until the local or
 5281  special law is amended or repealed. The state covenants with
 5282  holders of bonds or other instruments of indebtedness issued by
 5283  local governments, special districts, or district school boards
 5284  before July 1, 2000, that it is not the intent of this
 5285  subparagraph to adversely affect the rights of those holders or
 5286  relieve local governments, special districts, or district school
 5287  boards of the duty to meet their obligations as a result of
 5288  previous pledges or assignments or trusts entered into which
 5289  obligated funds received from the distribution to county
 5290  governments under then-existing s. 550.135. This distribution
 5291  specifically is in lieu of funds distributed under s. 550.135
 5292  before July 1, 2000.
 5293         b. The department shall distribute $166,667 monthly
 5294  pursuant to s. 288.1162 to each applicant certified as a
 5295  facility for a new or retained professional sports franchise
 5296  pursuant to s. 288.1162. Up to $41,667 shall be distributed
 5297  monthly by the department to each certified applicant as defined
 5298  in s. 288.11621 for a facility for a spring training franchise.
 5299  However, not more than $416,670 may be distributed monthly in
 5300  the aggregate to all certified applicants for facilities for
 5301  spring training franchises. Distributions begin 60 days after
 5302  such certification and continue for not more than 30 years,
 5303  except as otherwise provided in s. 288.11621. A certified
 5304  applicant identified in this sub-subparagraph may not receive
 5305  more in distributions than expended by the applicant for the
 5306  public purposes provided for in s. 288.1162(5) or s.
 5307  288.11621(3).
 5308         c. Beginning 30 days after notice by Jobs Florida the
 5309  Office of Tourism, Trade, and Economic Development to the
 5310  Department of Revenue that an applicant has been certified as
 5311  the professional golf hall of fame pursuant to s. 288.1168 and
 5312  is open to the public, $166,667 shall be distributed monthly,
 5313  for up to 300 months, to the applicant.
 5314         d. Beginning 30 days after notice by Jobs Florida the
 5315  Office of Tourism, Trade, and Economic Development to the
 5316  Department of Revenue that the applicant has been certified as
 5317  the International Game Fish Association World Center facility
 5318  pursuant to s. 288.1169, and the facility is open to the public,
 5319  $83,333 shall be distributed monthly, for up to 168 months, to
 5320  the applicant. This distribution is subject to reduction
 5321  pursuant to s. 288.1169. A lump sum payment of $999,996 shall be
 5322  made, after certification and before July 1, 2000.
 5323         7. All other proceeds must remain in the General Revenue
 5324  Fund.
 5325         Section 77. Subsection (4), paragraph (a) of subsection
 5326  (7), paragraphs (k) through (cc) of subsection (8), and
 5327  subsections (19), (20), and (21) of section 213.053, Florida
 5328  Statutes, as amended by chapter 2010-280, Laws of Florida, are
 5329  amended, to read:
 5330         213.053 Confidentiality and information sharing.—
 5331         (4) The department, while providing unemployment tax
 5332  collection services under contract with Jobs Florida the Agency
 5333  for Workforce Innovation through an interagency agreement
 5334  pursuant to s. 443.1316, may release unemployment tax rate
 5335  information to the agent of an employer, which agent provides
 5336  payroll services for more than 100 500 employers, pursuant to
 5337  the terms of a memorandum of understanding. The memorandum of
 5338  understanding must state that the agent affirms, subject to the
 5339  criminal penalties contained in ss. 443.171 and 443.1715, that
 5340  the agent will retain the confidentiality of the information,
 5341  that the agent has in effect a power of attorney from the
 5342  employer which permits the agent to obtain unemployment tax rate
 5343  information, and that the agent shall provide the department
 5344  with a copy of the employer’s power of attorney upon request.
 5345         (7)(a) Any information received by the Department of
 5346  Revenue in connection with the administration of taxes,
 5347  including, but not limited to, information contained in returns,
 5348  reports, accounts, or declarations filed by persons subject to
 5349  tax, shall be made available to the following in performance of
 5350  their official duties:
 5351         1. The Auditor General or his or her authorized agent;
 5352         2. The director of the Office of Program Policy Analysis
 5353  and Government Accountability or his or her authorized agent;
 5354         3. The Chief Financial Officer or his or her authorized
 5355  agent;
 5356         4. The Director of the Office of Insurance Regulation of
 5357  the Financial Services Commission or his or her authorized
 5358  agent;
 5359         5. A property appraiser or tax collector or their
 5360  authorized agents pursuant to s. 195.084(1); or
 5361         6. Designated employees of the Department of Education
 5362  solely for determination of each school district’s price level
 5363  index pursuant to s. 1011.62(2); and
 5364         7. The commissioner of Jobs Florida or his or her
 5365  authorized agent.
 5366         (8) Notwithstanding any other provision of this section,
 5367  the department may provide:
 5368         (k)1. Payment information relative to chapters 199, 201,
 5369  202, 212, 220, 221, and 624 to the Office of Tourism, Trade, and
 5370  Economic Development, or its employees or agents that are
 5371  identified in writing by the office to the department, in the
 5372  administration of the tax refund program for qualified defense
 5373  contractors and space flight business contractors authorized by
 5374  s. 288.1045 and the tax refund program for qualified target
 5375  industry businesses authorized by s. 288.106.
 5376         2. Information relative to tax credits taken by a business
 5377  under s. 220.191 and exemptions or tax refunds received by a
 5378  business under s. 212.08(5)(j) to the Office of Tourism, Trade,
 5379  and Economic Development, or its employees or agents that are
 5380  identified in writing by to the department, in the
 5381  administration and evaluation of the capital investment tax
 5382  credit program authorized in s. 220.191 and the semiconductor,
 5383  defense, and space tax exemption program authorized in s.
 5384  212.08(5)(j).
 5385         3. Information relative to tax credits taken by a taxpayer
 5386  pursuant to the tax credit programs created in ss. 193.017;
 5387  212.08(5)(g),(h),(n),(o) and (p); 212.08(15); 212.096; 212.097;
 5388  212.098; 220.181; 220.182; 220.183; 220.184; 220.1845; 220.185;
 5389  220.1895; 220.19; 220.191; 220.192; 220.193; 288.0656; 288.99;
 5390  290.007; 376.30781; 420.5093; 420.5099; 550.0951; 550.26352;
 5391  550.2704; 601.155; 624.509; 624.510; 624.5105; and 624.5107 to
 5392  the Office of Tourism, Trade, and Economic Development, or its
 5393  employees or agents that are identified in writing by the office
 5394  to the department, for use in the administration or evaluation
 5395  of such programs.
 5396         (k)(l) Information relative to chapter 212 and the Bill of
 5397  Lading Program to the Office of Agriculture Law Enforcement of
 5398  the Department of Agriculture and Consumer Services in the
 5399  conduct of its official duties.
 5400         (l)(m) Information relative to chapter 198 to the Agency
 5401  for Health Care Administration in the conduct of its official
 5402  business relating to ss. 409.901-409.9101.
 5403         (m)(n) Information contained in returns, reports, accounts,
 5404  or declarations to the Board of Accountancy in connection with a
 5405  disciplinary proceeding conducted pursuant to chapter 473 when
 5406  related to a certified public accountant participating in the
 5407  certified audits project, or to the court in connection with a
 5408  civil proceeding brought by the department relating to a claim
 5409  for recovery of taxes due to negligence on the part of a
 5410  certified public accountant participating in the certified
 5411  audits project. In any judicial proceeding brought by the
 5412  department, upon motion for protective order, the court shall
 5413  limit disclosure of tax information when necessary to effectuate
 5414  the purposes of this section.
 5415         (n)(o) Information relative to ss. 376.70 and 376.75 to the
 5416  Department of Environmental Protection in the conduct of its
 5417  official business and to the facility owner, facility operator,
 5418  and real property owners as defined in s. 376.301.
 5419         (o)(p) Information relative to ss. 220.1845 and 376.30781
 5420  to the Department of Environmental Protection in the conduct of
 5421  its official business.
 5422         (p)(q) Names, addresses, and sales tax registration
 5423  information to the Division of Consumer Services of the
 5424  Department of Agriculture and Consumer Services in the conduct
 5425  of its official duties.
 5426         (q)(r) Information relative to the returns required by ss.
 5427  175.111 and 185.09 to the Department of Management Services in
 5428  the conduct of its official duties. The Department of Management
 5429  Services is, in turn, authorized to disclose payment information
 5430  to a governmental agency or the agency’s agent for purposes
 5431  related to budget preparation, auditing, revenue or financial
 5432  administration, or administration of chapters 175 and 185.
 5433         (r)(s) Names, addresses, and federal employer
 5434  identification numbers, or similar identifiers, to the
 5435  Department of Highway Safety and Motor Vehicles for use in the
 5436  conduct of its official duties.
 5437         (s)(t) Information relative to the tax exemptions under ss.
 5438  212.031, 212.06, and 212.08 for those persons qualified under s.
 5439  288.1258 to the Office of Film and Entertainment. The Department
 5440  of Revenue shall provide the Office of Film and Entertainment
 5441  with information in the aggregate.
 5442         (t)(u) Information relative to ss. 211.0251, 212.1831,
 5443  220.1875, 561.1211, 624.51055, and 1002.395 to the Department of
 5444  Education and the Division of Alcoholic Beverages and Tobacco in
 5445  the conduct of official business.
 5446         (u)(v) Information relative to chapter 202 to each local
 5447  government that imposes a tax pursuant to s. 202.19 in the
 5448  conduct of its official duties as specified in chapter 202.
 5449  Information provided under this paragraph may include, but is
 5450  not limited to, any reports required pursuant to s. 202.231,
 5451  audit files, notices of intent to audit, tax returns, and other
 5452  confidential tax information in the department’s possession
 5453  relating to chapter 202. A person or an entity designated by the
 5454  local government in writing to the department as requiring
 5455  access to confidential taxpayer information shall have
 5456  reasonable access to information provided pursuant to this
 5457  paragraph. Such person or entity may disclose such information
 5458  to other persons or entities with direct responsibility for
 5459  budget preparation, auditing, revenue or financial
 5460  administration, or legal counsel. Such information shall only be
 5461  used for purposes related to budget preparation, auditing, and
 5462  revenue and financial administration. Any confidential and
 5463  exempt information furnished to a local government, or to any
 5464  person or entity designated by the local government as
 5465  authorized by this paragraph may not be further disclosed by the
 5466  recipient except as provided by this paragraph.
 5467         (w) Tax registration information to the Agency for
 5468  Workforce Innovation for use in the conduct of its official
 5469  duties, which information may not be redisclosed by the Agency
 5470  for Workforce Innovation.
 5471         (v)(x) Rental car surcharge revenues authorized by s.
 5472  212.0606, reported according to the county to which the
 5473  surcharge was attributed to the Department of Transportation.
 5474         (w)(y) Information relative to ss. 212.08(7)(ccc) and
 5475  220.192 to the Florida Energy and Climate Commission for use in
 5476  the conduct of its official business.
 5477         (x)(z) Taxpayer names and identification numbers for the
 5478  purposes of information-sharing agreements with financial
 5479  institutions pursuant to s. 213.0532.
 5480         (y)(aa) Information relative to chapter 212 to the
 5481  Department of Environmental Protection in the conduct of its
 5482  official duties in the administration of s. 253.03(7)(b) and
 5483  (11).
 5484         (bb)Information relative to tax credits taken under s.
 5485  288.1254 to the Office of Film and Entertainment and the Office
 5486  of Tourism, Trade, and Economic Development.
 5487         (z)(cc) Information relative to ss. 253.03(8) and 253.0325
 5488  to the Department of Environmental Protection in the conduct of
 5489  its official business.
 5490  
 5491  Disclosure of information under this subsection shall be
 5492  pursuant to a written agreement between the executive director
 5493  and the agency. Such agencies, governmental or nongovernmental,
 5494  shall be bound by the same requirements of confidentiality as
 5495  the Department of Revenue. Breach of confidentiality is a
 5496  misdemeanor of the first degree, punishable as provided by s.
 5497  775.082 or s. 775.083.
 5498         (19)The department may disclose information relative to
 5499  tax credits taken by a taxpayer pursuant to s. 288.9916 to the
 5500  Office of Tourism, Trade, and Economic Development or its
 5501  employees or agents. Such employees must be identified in
 5502  writing by the office to the department. All information
 5503  disclosed under this subsection is subject to the same
 5504  requirements of confidentiality and the same penalties for
 5505  violation of the requirements as the department.
 5506         (19)(20)(a) The department may publish a list of taxpayers
 5507  against whom the department has filed a warrant, notice of lien,
 5508  or judgment lien certificate. The list may include the name and
 5509  address of each taxpayer; the amounts and types of delinquent
 5510  taxes, fees, or surcharges, penalties, or interest; and the
 5511  employer identification number or other taxpayer identification
 5512  number.
 5513         (b) The department shall update the list at least monthly
 5514  to reflect payments for resolution of deficiencies and to
 5515  otherwise add or remove taxpayers from the list.
 5516         (c) The department may adopt rules to administer this
 5517  subsection.
 5518         (20)(21) The department may disclose information relating
 5519  to taxpayers against whom the department has filed a warrant,
 5520  notice of lien, or judgment lien certificate. Such information
 5521  includes the name and address of the taxpayer, the actions
 5522  taken, the amounts and types of liabilities, and the amount of
 5523  any collections made.
 5524         Section 78. Paragraph (j) of subsection (4) of section
 5525  215.5586, Florida Statutes, is amended to read:
 5526         215.5586 My Safe Florida Home Program.—There is established
 5527  within the Department of Financial Services the My Safe Florida
 5528  Home Program. The department shall provide fiscal
 5529  accountability, contract management, and strategic leadership
 5530  for the program, consistent with this section. This section does
 5531  not create an entitlement for property owners or obligate the
 5532  state in any way to fund the inspection or retrofitting of
 5533  residential property in this state. Implementation of this
 5534  program is subject to annual legislative appropriations. It is
 5535  the intent of the Legislature that the My Safe Florida Home
 5536  Program provide trained and certified inspectors to perform
 5537  inspections for owners of site-built, single-family, residential
 5538  properties and grants to eligible applicants as funding allows.
 5539  The program shall develop and implement a comprehensive and
 5540  coordinated approach for hurricane damage mitigation that may
 5541  include the following:
 5542         (4) ADVISORY COUNCIL.—There is created an advisory council
 5543  to provide advice and assistance to the department regarding
 5544  administration of the program. The advisory council shall
 5545  consist of:
 5546         (j) The director of the Office Florida Division of
 5547  Emergency Management.
 5548  
 5549  Members appointed under paragraphs (a)-(d) shall serve at the
 5550  pleasure of the Financial Services Commission. Members appointed
 5551  under paragraphs (e) and (f) shall serve at the pleasure of the
 5552  appointing officer. All other members shall serve as voting ex
 5553  officio members. Members of the advisory council shall serve
 5554  without compensation but may receive reimbursement as provided
 5555  in s. 112.061 for per diem and travel expenses incurred in the
 5556  performance of their official duties.
 5557         Section 79. Paragraph (b) of subsection (8) of section
 5558  216.136, Florida Statutes, is amended to read:
 5559         216.136 Consensus estimating conferences; duties and
 5560  principals.—
 5561         (8) EARLY LEARNING PROGRAMS ESTIMATING CONFERENCE.—
 5562         (b) The Department of Education Agency for Workforce
 5563  Innovation shall provide information on needs and waiting lists
 5564  for school readiness programs, and information on the needs for
 5565  the Voluntary Prekindergarten Education Program, as requested by
 5566  the Early Learning Programs Estimating Conference or individual
 5567  conference principals in a timely manner.
 5568         Section 80. Paragraph (a) of subsection (6) of section
 5569  216.292, Florida Statutes, is amended to read:
 5570         216.292 Appropriations nontransferable; exceptions.—
 5571         (6) The Chief Financial Officer shall transfer from any
 5572  available funds of an agency or the judicial branch the
 5573  following amounts and shall report all such transfers and the
 5574  reasons therefor to the legislative appropriations committees
 5575  and the Executive Office of the Governor:
 5576         (a) The amount due to the Unemployment Compensation Trust
 5577  Fund which is more than 90 days delinquent on reimbursements due
 5578  to the Unemployment Compensation Trust Fund. The amount
 5579  transferred shall be that certified by the state agency
 5580  providing unemployment tax collection services under contract
 5581  with Jobs Florida the Agency for Workforce Innovation through an
 5582  interagency agreement pursuant to s. 443.1316.
 5583         Section 81. Subsection (1) of section 216.231, Florida
 5584  Statutes, is amended to read:
 5585         216.231 Release of certain classified appropriations.—
 5586         (1)(a) Any appropriation to the Executive Office of the
 5587  Governor which is classified as an emergency, as defined in s.
 5588  252.34(3), may be released only with the approval of the
 5589  Governor. The state agency, or the judicial branch, desiring the
 5590  use of the emergency appropriation shall submit to the Executive
 5591  Office of the Governor application therefor in writing setting
 5592  forth the facts from which the alleged need arises. The
 5593  Executive Office of the Governor shall, at a public hearing,
 5594  review such application promptly and approve or disapprove the
 5595  applications as the circumstances may warrant. All actions of
 5596  the Executive Office of the Governor shall be reported to the
 5597  legislative appropriations committees, and the committees may
 5598  advise the Executive Office of the Governor relative to the
 5599  release of such funds.
 5600         (b) The release of appropriated funds classified as
 5601  “emergency” shall be approved only if when an act or
 5602  circumstance caused by an act of God, civil disturbance, natural
 5603  disaster, or other circumstance of an emergency nature
 5604  threatens, endangers, or damages the property, safety, health,
 5605  or welfare of the state or its residents citizens, which
 5606  condition has not been provided for in appropriation acts of the
 5607  Legislature. Funds allocated for this purpose may be used to pay
 5608  overtime pay to personnel of agencies called upon to perform
 5609  extra duty because of any civil disturbance or other emergency
 5610  as defined in s. 252.34(3) and to provide the required state
 5611  match for federal grants under the federal Disaster Relief Act.
 5612         Section 82. Paragraph (a) of subsection (3) of section
 5613  218.64, Florida Statutes, is amended to read:
 5614         218.64 Local government half-cent sales tax; uses;
 5615  limitations.—
 5616         (3) Subject to ordinances enacted by the majority of the
 5617  members of the county governing authority and by the majority of
 5618  the members of the governing authorities of municipalities
 5619  representing at least 50 percent of the municipal population of
 5620  such county, counties may use up to $2 million annually of the
 5621  local government half-cent sales tax allocated to that county
 5622  for funding for any of the following applicants:
 5623         (a) A certified applicant as a facility for a new or
 5624  retained professional sports franchise under s. 288.1162 or a
 5625  certified applicant as defined in s. 288.11621 for a facility
 5626  for a spring training franchise. It is the Legislature’s intent
 5627  that the provisions of s. 288.1162, including, but not limited
 5628  to, the evaluation process by the Office of Tourism, Trade, and
 5629  Economic Development except for the limitation on the number of
 5630  certified applicants or facilities as provided in that section
 5631  and the restrictions set forth in s. 288.1162(8), shall apply to
 5632  an applicant’s facility to be funded by local government as
 5633  provided in this subsection.
 5634         Section 83. Paragraph (ff) of subsection (1) of section
 5635  220.03, Florida Statutes, is amended to read:
 5636         220.03 Definitions.—
 5637         (1) SPECIFIC TERMS.—When used in this code, and when not
 5638  otherwise distinctly expressed or manifestly incompatible with
 5639  the intent thereof, the following terms shall have the following
 5640  meanings:
 5641         (ff) “Job” means a full-time position, as consistent with
 5642  terms used by Jobs Florida the Agency for Workforce Innovation
 5643  and the United States Department of Labor for purposes of
 5644  unemployment compensation tax administration and employment
 5645  estimation resulting directly from business operations in this
 5646  state. The term may not include a temporary construction job
 5647  involved with the construction of facilities or any job that has
 5648  previously been included in any application for tax credits
 5649  under s. 212.096. The term also includes employment of an
 5650  employee leased from an employee leasing company licensed under
 5651  chapter 468 if the employee has been continuously leased to the
 5652  employer for an average of at least 36 hours per week for more
 5653  than 6 months.
 5654         Section 84. Paragraph (d) of subsection (1), paragraphs
 5655  (b), (c), and (d) of subsection (2), and subsections (3), and
 5656  (4) of section 220.183, Florida Statutes, are amended to read:
 5657         220.183 Community contribution tax credit.—
 5658         (1) AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX
 5659  CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM
 5660  SPENDING.—
 5661         (d) All proposals for the granting of the tax credit shall
 5662  require the prior approval of Jobs Florida the Office of
 5663  Tourism, Trade, and Economic Development.
 5664         (2) ELIGIBILITY REQUIREMENTS.—
 5665         (b)1. All community contributions must be reserved
 5666  exclusively for use in projects as defined in s. 220.03(1)(t).
 5667         2. If, during the first 10 business days of the state
 5668  fiscal year, eligible tax credit applications for projects that
 5669  provide homeownership opportunities for low-income or very-low
 5670  income households as defined in s. 420.9071(19) and (28) are
 5671  received for less than the annual tax credits available for
 5672  those projects, Jobs Florida the Office of Tourism, Trade, and
 5673  Economic Development shall grant tax credits for those
 5674  applications and shall grant remaining tax credits on a first
 5675  come, first-served basis for any subsequent eligible
 5676  applications received before the end of the state fiscal year.
 5677  If, during the first 10 business days of the state fiscal year,
 5678  eligible tax credit applications for projects that provide
 5679  homeownership opportunities for low-income or very-low-income
 5680  households as defined in s. 420.9071(19) and (28) are received
 5681  for more than the annual tax credits available for those
 5682  projects, the office shall grant the tax credits for those
 5683  applications as follows:
 5684         a. If tax credit applications submitted for approved
 5685  projects of an eligible sponsor do not exceed $200,000 in total,
 5686  the credit shall be granted in full if the tax credit
 5687  applications are approved.
 5688         b. If tax credit applications submitted for approved
 5689  projects of an eligible sponsor exceed $200,000 in total, the
 5690  amount of tax credits granted under sub-subparagraph a. shall be
 5691  subtracted from the amount of available tax credits, and the
 5692  remaining credits shall be granted to each approved tax credit
 5693  application on a pro rata basis.
 5694         3. If, during the first 10 business days of the state
 5695  fiscal year, eligible tax credit applications for projects other
 5696  than those that provide homeownership opportunities for low
 5697  income or very-low-income households as defined in s.
 5698  420.9071(19) and (28) are received for less than the annual tax
 5699  credits available for those projects, the office shall grant tax
 5700  credits for those applications and shall grant remaining tax
 5701  credits on a first-come, first-served basis for any subsequent
 5702  eligible applications received before the end of the state
 5703  fiscal year. If, during the first 10 business days of the state
 5704  fiscal year, eligible tax credit applications for projects other
 5705  than those that provide homeownership opportunities for low
 5706  income or very-low-income households as defined in s.
 5707  420.9071(19) and (28) are received for more than the annual tax
 5708  credits available for those projects, the office shall grant the
 5709  tax credits for those applications on a pro rata basis.
 5710         (c) The project must be undertaken by an “eligible
 5711  sponsor,” defined here as:
 5712         1. A community action program;
 5713         2. A nonprofit community-based development organization
 5714  whose mission is the provision of housing for low-income or
 5715  very-low-income households or increasing entrepreneurial and
 5716  job-development opportunities for low-income persons;
 5717         3. A neighborhood housing services corporation;
 5718         4. A local housing authority, created pursuant to chapter
 5719  421;
 5720         5. A community redevelopment agency, created pursuant to s.
 5721  163.356;
 5722         6. The Florida Industrial Development Corporation;
 5723         7. An historic preservation district agency or
 5724  organization;
 5725         8. A regional workforce board;
 5726         9. A direct-support organization as provided in s.
 5727  1009.983;
 5728         10. An enterprise zone development agency created pursuant
 5729  to s. 290.0056;
 5730         11. A community-based organization incorporated under
 5731  chapter 617 which is recognized as educational, charitable, or
 5732  scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
 5733  and whose bylaws and articles of incorporation include
 5734  affordable housing, economic development, or community
 5735  development as the primary mission of the corporation;
 5736         12. Units of local government;
 5737         13. Units of state government; or
 5738         14. Such other agency as Jobs Florida the Office of
 5739  Tourism, Trade, and Economic Development may, from time to time,
 5740  designate by rule.
 5741  
 5742  In no event shall a contributing business firm have a financial
 5743  interest in the eligible sponsor.
 5744         (d) The project shall be located in an area designated as
 5745  an enterprise zone or a Front Porch Florida Community pursuant
 5746  to s. 20.18(6). Any project designed to construct or
 5747  rehabilitate housing for low-income or very-low-income
 5748  households as defined in s. 420.9071(19) and (28) is exempt from
 5749  the area requirement of this paragraph. This section does not
 5750  preclude projects that propose to construct or rehabilitate
 5751  housing for low-income or very-low-income households on
 5752  scattered sites. Any project designed to provide increased
 5753  access to high-speed broadband capabilities which includes
 5754  coverage of a rural enterprise zone may locate the project’s
 5755  infrastructure in any area of a rural county.
 5756         (3) APPLICATION REQUIREMENTS.—
 5757         (a) Any eligible sponsor wishing to participate in this
 5758  program must submit a proposal to Jobs Florida the Office of
 5759  Tourism, Trade, and Economic Development which sets forth the
 5760  sponsor, the project, the area in which the project is located,
 5761  and such supporting information as may be prescribed by rule.
 5762  The proposal shall also contain a resolution from the local
 5763  governmental unit in which it is located certifying that the
 5764  project is consistent with local plans and regulations.
 5765         (b) Any business wishing to participate in this program
 5766  must submit an application for tax credit to Jobs Florida the
 5767  Office of Tourism, Trade, and Economic Development, which
 5768  application sets forth the sponsor; the project; and the type,
 5769  value, and purpose of the contribution. The sponsor shall verify
 5770  the terms of the application and indicate its receipt of the
 5771  contribution, which verification must be in writing and
 5772  accompany the application for tax credit.
 5773         (c) The business firm must submit a separate application
 5774  for tax credit for each individual contribution that it makes to
 5775  each individual project.
 5776         (4) ADMINISTRATION.—
 5777         (a) Jobs Florida The Office of Tourism, Trade, and Economic
 5778  Development has authority to adopt rules pursuant to ss.
 5779  120.536(1) and 120.54 to implement the provisions of this
 5780  section, including rules for the approval or disapproval of
 5781  proposals by business firms.
 5782         (b) The decision of Jobs Florida the Office of Tourism,
 5783  Trade, and Economic Development shall be in writing, and, if
 5784  approved, the notification must state the maximum credit
 5785  allowable to the business firm. A copy of the decision shall be
 5786  transmitted to the executive director of the Department of
 5787  Revenue, who shall apply such credit to the tax liability of the
 5788  business firm.
 5789         (c) Jobs Florida The Office of Tourism, Trade, and Economic
 5790  Development shall periodically monitor all projects in a manner
 5791  consistent with available resources to ensure that resources are
 5792  utilized in accordance with this section; however, each project
 5793  shall be reviewed no less often than once every 2 years.
 5794         (d) The Department of Revenue has authority to adopt rules
 5795  pursuant to ss. 120.536(1) and 120.54 to implement the
 5796  provisions of this section.
 5797         (e) Jobs Florida The Office of Tourism, Trade, and Economic
 5798  Development shall, in consultation with the Department of
 5799  Community Affairs, the Florida Housing Finance Corporation, and
 5800  the statewide and regional housing and financial intermediaries,
 5801  market the availability of the community contribution tax credit
 5802  program to community-based organizations.
 5803         Section 85. Paragraphs (e), (f), (g), and (h) of subsection
 5804  (1) and subsections (5) and (6) of section 220.191, Florida
 5805  Statutes, are amended to read:
 5806         220.191 Capital investment tax credit.—
 5807         (1) DEFINITIONS.—For purposes of this section:
 5808         (e) “Jobs” means full-time equivalent positions, as that
 5809  term is consistent with terms used by Jobs Florida the Agency
 5810  for Workforce Innovation and the United States Department of
 5811  Labor for purposes of unemployment tax administration and
 5812  employment estimation, resulting directly from a project in this
 5813  state. The term does not include temporary construction jobs
 5814  involved in the construction of the project facility.
 5815         (f) “Office” means the Office of Tourism, Trade, and
 5816  Economic Development.
 5817         (f)(g) “Qualifying business” means a business which
 5818  establishes a qualifying project in this state and which is
 5819  certified by Jobs Florida the office to receive tax credits
 5820  pursuant to this section.
 5821         (g)(h) “Qualifying project” means:
 5822         1. A new or expanding facility in this state which creates
 5823  at least 100 new jobs in this state and is in one of the high
 5824  impact sectors identified by the Jobs Florida Partnership
 5825  Enterprise Florida, Inc., and certified by Jobs Florida the
 5826  office pursuant to s. 288.108(6), including, but not limited to,
 5827  aviation, aerospace, automotive, and silicon technology
 5828  industries;
 5829         2. A new or expanded facility in this state which is
 5830  engaged in a target industry designated pursuant to the
 5831  procedure specified in s. 288.106(2) s. 288.106(2)(t) and which
 5832  is induced by this credit to create or retain at least 1,000
 5833  jobs in this state, provided that at least 100 of those jobs are
 5834  new, pay an annual average wage of at least 130 percent of the
 5835  average private sector wage in the area as defined in s.
 5836  288.106(2), and make a cumulative capital investment of at least
 5837  $100 million after July 1, 2005. Jobs may be considered retained
 5838  only if there is significant evidence that the loss of jobs is
 5839  imminent. Notwithstanding subsection (2), annual credits against
 5840  the tax imposed by this chapter shall not exceed 50 percent of
 5841  the increased annual corporate income tax liability or the
 5842  premium tax liability generated by or arising out of a project
 5843  qualifying under this subparagraph. A facility that qualifies
 5844  under this subparagraph for an annual credit against the tax
 5845  imposed by this chapter may take the tax credit for a period not
 5846  to exceed 5 years; or
 5847         3. A new or expanded headquarters facility in this state
 5848  which locates in an enterprise zone and brownfield area and is
 5849  induced by this credit to create at least 1,500 jobs which on
 5850  average pay at least 200 percent of the statewide average annual
 5851  private sector wage, as published by Jobs Florida the Agency for
 5852  Workforce Innovation or its successor, and which new or expanded
 5853  headquarters facility makes a cumulative capital investment in
 5854  this state of at least $250 million.
 5855         (5) Applications shall be reviewed and certified pursuant
 5856  to s. 288.061. Jobs Florida The office, upon a recommendation by
 5857  the Jobs Florida Partnership Enterprise Florida, Inc., shall
 5858  first certify a business as eligible to receive tax credits
 5859  pursuant to this section prior to the commencement of operations
 5860  of a qualifying project, and such certification shall be
 5861  transmitted to the Department of Revenue. Upon receipt of the
 5862  certification, the Department of Revenue shall enter into a
 5863  written agreement with the qualifying business specifying, at a
 5864  minimum, the method by which income generated by or arising out
 5865  of the qualifying project will be determined.
 5866         (6) Jobs Florida The office, in consultation with the Jobs
 5867  Florida Partnership Enterprise Florida, Inc., is authorized to
 5868  develop the necessary guidelines and application materials for
 5869  the certification process described in subsection (5).
 5870         Section 86. Subsection (2) of section 222.15, Florida
 5871  Statutes, is amended to read:
 5872         222.15 Wages or unemployment compensation payments due
 5873  deceased employee may be paid spouse or certain relatives.—
 5874         (2) It is also lawful for Jobs Florida the Agency for
 5875  Workforce Innovation, in case of death of any unemployed
 5876  individual, to pay to those persons referred to in subsection
 5877  (1) any unemployment compensation payments that may be due to
 5878  the individual at the time of his or her death.
 5879         Section 87. Subsections (3) and (4) of section 250.06,
 5880  Florida Statutes, are amended to read:
 5881         250.06 Commander in chief.—
 5882         (3) The Governor may, in order to preserve the public
 5883  peace, execute the laws of the state, suppress insurrection,
 5884  repel invasion, respond to an emergency as defined in s.
 5885  252.34(3) or imminent danger thereof, or, in case of the calling
 5886  of all or any portion of the militia of this state Florida into
 5887  the services of the United States, may increase the Florida
 5888  National Guard and organize it in accordance with rules and
 5889  regulations governing the Armed Forces of the United States.
 5890  Such organization and increase may be pursuant to or in advance
 5891  of any call made by the President of the United States. If the
 5892  Florida National Guard is activated into service of the United
 5893  States, another organization may not be designated as the
 5894  Florida National Guard.
 5895         (4) The Governor may, in order to preserve the public
 5896  peace, execute the laws of the state, enhance domestic security,
 5897  respond to terrorist threats or attacks, respond to an emergency
 5898  as defined in s. 252.34(3) or imminent danger thereof, or
 5899  respond to any need for emergency aid to civil authorities as
 5900  specified in s. 250.28, order into state active duty all or any
 5901  part of the militia which he or she deems proper.
 5902         Section 88. Paragraphs (a) and (b) of subsection (1) of
 5903  section 252.32, Florida Statutes, are amended to read:
 5904         252.32 Policy and purpose.—
 5905         (1) Because of the existing and continuing possibility of
 5906  the occurrence of emergencies and disasters resulting from
 5907  natural, technological, or manmade causes; in order to ensure
 5908  that preparations of this state will be adequate to deal with,
 5909  reduce vulnerability to, and recover from such emergencies and
 5910  disasters; to provide for the common defense and to protect the
 5911  public peace, health, and safety; and to preserve the lives and
 5912  property of the people of the state, it is hereby found and
 5913  declared to be necessary:
 5914         (a) To create a state emergency management agency to be
 5915  known as the “Office Division of Emergency Management,” to
 5916  authorize the creation of local organizations for emergency
 5917  management in the political subdivisions of the state, and to
 5918  authorize cooperation with the Federal Government and the
 5919  governments of other states.
 5920         (b) To confer upon the Governor, the Office Division of
 5921  Emergency Management, and the governing body of each political
 5922  subdivision of the state the emergency powers provided herein.
 5923         Section 89. Section 252.34, Florida Statutes, is amended to
 5924  read:
 5925         252.34 Definitions.—As used in this part ss. 252.31-252.60,
 5926  the term:
 5927         (1) “Disaster” means any natural, technological, or civil
 5928  emergency that causes damage of sufficient severity and
 5929  magnitude to result in a declaration of a state of emergency by
 5930  a county, the Governor, or the President of the United States.
 5931  Disasters are shall be identified by the severity of resulting
 5932  damage, as follows:
 5933         (a) “Catastrophic disaster” means a disaster that will
 5934  require massive state and federal assistance, including
 5935  immediate military involvement.
 5936         (b) “Major disaster” means a disaster that will likely
 5937  exceed local capabilities and require a broad range of state and
 5938  federal assistance.
 5939         (c) “Minor disaster” means a disaster that is likely to be
 5940  within the response capabilities of local government and to
 5941  result in only a minimal need for state or federal assistance.
 5942         (2) “Division” means the Division of Emergency Management
 5943  of the Department of Community Affairs, or the successor to that
 5944  division.
 5945         (2)(3) “Emergency” means any occurrence, or threat thereof,
 5946  whether natural, technological, or manmade, in war or in peace,
 5947  which results or may result in substantial injury or harm to the
 5948  population or substantial damage to or loss of property.
 5949         (3)(4) “Emergency management” means the preparation for,
 5950  the mitigation of, the response to, and the recovery from
 5951  emergencies and disasters. Specific emergency management
 5952  responsibilities include, but are not limited to:
 5953         (a) Reduction of vulnerability of people and communities of
 5954  this state to damage, injury, and loss of life and property
 5955  resulting from natural, technological, or manmade emergencies or
 5956  hostile military or paramilitary action.
 5957         (b) Preparation for prompt and efficient response and
 5958  recovery to protect lives and property affected by emergencies.
 5959         (c) Response to emergencies using all systems, plans, and
 5960  resources necessary to preserve adequately the health, safety,
 5961  and welfare of persons or property affected by the emergency.
 5962         (d) Recovery from emergencies by providing for the rapid
 5963  and orderly start of restoration and rehabilitation of persons
 5964  and property affected by emergencies.
 5965         (e) Provision of an emergency management system embodying
 5966  all aspects of preemergency preparedness and postemergency
 5967  response, recovery, and mitigation.
 5968         (f) Assistance in anticipation, recognition, appraisal,
 5969  prevention, and mitigation of emergencies which may be caused or
 5970  aggravated by inadequate planning for, and regulation of, public
 5971  and private facilities and land use.
 5972         (4)(5) “Local emergency management agency” means an
 5973  organization created in accordance with the provisions of ss.
 5974  252.31-252.90 to discharge the emergency management
 5975  responsibilities and functions of a political subdivision.
 5976         (5)(6) “Manmade emergency” means an emergency caused by an
 5977  action against persons or society, including, but not limited
 5978  to, enemy attack, sabotage, terrorism, civil unrest, or other
 5979  action impairing the orderly administration of government.
 5980         (6)(7) “Natural emergency” means an emergency caused by a
 5981  natural event, including, but not limited to, a hurricane, a
 5982  storm, a flood, severe wave action, a drought, or an earthquake.
 5983         (7) “Office” means the Office of Emergency Management
 5984  within the Executive Office of the Governor, or the successor to
 5985  that office.
 5986         (8) “Political subdivision” means any county or
 5987  municipality created pursuant to law.
 5988         (9) “Technological emergency” means an emergency caused by
 5989  a technological failure or accident, including, but not limited
 5990  to, an explosion, transportation accident, radiological
 5991  accident, or chemical or other hazardous material incident.
 5992         Section 90. Section 252.35, Florida Statutes, is amended to
 5993  read:
 5994         252.35 Emergency management powers; Division of Emergency
 5995  Management.—
 5996         (1) The office division is responsible for maintaining a
 5997  comprehensive statewide program of emergency management and for
 5998  coordinating the. The division is responsible for coordination
 5999  with efforts of the Federal Government with other departments
 6000  and agencies of state government, with county and municipal
 6001  governments and school boards, and with private agencies that
 6002  have a role in emergency management.
 6003         (2) The office division is responsible for carrying out the
 6004  provisions of ss. 252.31-252.90. In performing its duties under
 6005  ss. 252.31-252.90, the office division shall:
 6006         (a) Prepare a state comprehensive emergency management
 6007  plan, which shall be integrated into and coordinated with the
 6008  emergency management plans and programs of the Federal
 6009  Government. The office division must adopt the plan as a rule in
 6010  accordance with chapter 120. The plan shall be implemented by a
 6011  continuous, integrated comprehensive emergency management
 6012  program. The plan must contain provisions to ensure that the
 6013  state is prepared for emergencies and minor, major, and
 6014  catastrophic disasters, and the office division shall work
 6015  closely with local governments and agencies and organizations
 6016  with emergency management responsibilities in preparing and
 6017  maintaining the plan. The state comprehensive emergency
 6018  management plan must shall be operations oriented and:
 6019         1. Include an evacuation component that includes specific
 6020  regional and interregional planning provisions and promotes
 6021  intergovernmental coordination of evacuation activities. This
 6022  component must, at a minimum: contain guidelines for lifting
 6023  tolls on state highways; ensure coordination pertaining to
 6024  evacuees crossing county lines; set forth procedures for
 6025  directing people caught on evacuation routes to safe shelter;
 6026  establish strategies for ensuring sufficient, reasonably priced
 6027  fueling locations along evacuation routes; and establish
 6028  policies and strategies for emergency medical evacuations.
 6029         2. Include a shelter component that includes specific
 6030  regional and interregional planning provisions and promotes
 6031  coordination of shelter activities between the public, private,
 6032  and nonprofit sectors. This component must, at a minimum:
 6033  contain strategies to ensure the availability of adequate public
 6034  shelter space in each region of the state; establish strategies
 6035  for refuge-of-last-resort programs; provide strategies to assist
 6036  local emergency management efforts to ensure that adequate
 6037  staffing plans exist for all shelters, including medical and
 6038  security personnel; provide for a postdisaster communications
 6039  system for public shelters; establish model shelter guidelines
 6040  for operations, registration, inventory, power generation
 6041  capability, information management, and staffing; and set forth
 6042  policy guidance for sheltering people with special needs.
 6043         3. Include a postdisaster response and recovery component
 6044  that includes specific regional and interregional planning
 6045  provisions and promotes intergovernmental coordination of
 6046  postdisaster response and recovery activities. This component
 6047  must provide for postdisaster response and recovery strategies
 6048  according to whether a disaster is minor, major, or
 6049  catastrophic. The postdisaster response and recovery component
 6050  must, at a minimum: establish the structure of the state’s
 6051  postdisaster response and recovery organization; establish
 6052  procedures for activating the state’s plan; set forth policies
 6053  used to guide postdisaster response and recovery activities;
 6054  describe the chain of command during the postdisaster response
 6055  and recovery period; describe initial and continuous
 6056  postdisaster response and recovery actions; identify the roles
 6057  and responsibilities of each involved agency and organization;
 6058  provide for a comprehensive communications plan; establish
 6059  procedures for monitoring mutual aid agreements; provide for
 6060  rapid impact assessment teams; ensure the availability of an
 6061  effective statewide urban search and rescue program coordinated
 6062  with the fire services; ensure the existence of a comprehensive
 6063  statewide medical care and relief plan administered by the
 6064  Department of Health; and establish systems for coordinating
 6065  volunteers and accepting and distributing donated funds and
 6066  goods.
 6067         4. Include additional provisions addressing aspects of
 6068  preparedness, response, recovery, and mitigation as determined
 6069  necessary by the office division.
 6070         5. Address the need for coordinated and expeditious
 6071  deployment of state resources, including the Florida National
 6072  Guard. In the case of an imminent major disaster, procedures
 6073  should address predeployment of the Florida National Guard, and,
 6074  in the case of an imminent catastrophic disaster, procedures
 6075  should address predeployment of the Florida National Guard and
 6076  the United States Armed Forces.
 6077         6. Establish a system of communications and warning to
 6078  ensure that the state’s population and emergency management
 6079  agencies are warned of developing emergency situations and can
 6080  communicate emergency response decisions.
 6081         7. Establish guidelines and schedules for annual exercises
 6082  that evaluate the ability of the state and its political
 6083  subdivisions to respond to minor, major, and catastrophic
 6084  disasters and support local emergency management agencies. Such
 6085  exercises must shall be coordinated with local governments and,
 6086  to the extent possible, the Federal Government.
 6087         8. Assign lead and support responsibilities to state
 6088  agencies and personnel for emergency support functions and other
 6089  support activities.
 6090  
 6091  The complete state comprehensive emergency management plan must
 6092  shall be submitted to the President of the Senate, the Speaker
 6093  of the House of Representatives, and the Governor on February 1
 6094  of every even-numbered year.
 6095         (b) Adopt standards and requirements for county emergency
 6096  management plans. The standards and requirements must ensure
 6097  that county plans are coordinated and consistent with the state
 6098  comprehensive emergency management plan. If a municipality
 6099  elects to establish an emergency management program, it must
 6100  adopt a city emergency management plan that complies with all
 6101  standards and requirements applicable to county emergency
 6102  management plans.
 6103         (c) Assist political subdivisions in preparing and
 6104  maintaining emergency management plans.
 6105         (d) Review periodically political subdivision emergency
 6106  management plans for consistency with the state comprehensive
 6107  emergency management plan and standards and requirements adopted
 6108  under this section.
 6109         (e) Cooperate with the President, the heads of the Armed
 6110  Forces, the various federal emergency management agencies, and
 6111  the officers and agencies of other states in matters pertaining
 6112  to emergency management in the state and the nation and
 6113  incidents thereof and, in connection therewith, take any
 6114  measures that it deems proper to carry into effect any request
 6115  of the President and the appropriate federal officers and
 6116  agencies for any emergency management action, including the
 6117  direction or control of:
 6118         1. Emergency management drills, tests, or exercises of
 6119  whatever nature.
 6120         2. Warnings and signals for tests and drills, attacks, or
 6121  other imminent emergencies or threats thereof and the mechanical
 6122  devices to be used in connection with such warnings and signals.
 6123         (f) Make recommendations to the Legislature, building code
 6124  organizations, and political subdivisions for zoning, building,
 6125  and other land use controls; safety measures for securing mobile
 6126  homes or other nonpermanent or semipermanent structures; and
 6127  other preparedness, prevention, and mitigation measures designed
 6128  to eliminate emergencies or reduce their impact.
 6129         (g) In accordance with the state comprehensive emergency
 6130  management plan and program for emergency management, ascertain
 6131  the requirements of the state and its political subdivisions for
 6132  equipment and supplies of all kinds in the event of an
 6133  emergency; plan for and either procure supplies, medicines,
 6134  materials, and equipment or enter into memoranda of agreement or
 6135  open purchase orders that will ensure their availability; and
 6136  use and employ from time to time any of the property, services,
 6137  and resources within the state in accordance with ss. 252.31
 6138  252.90.
 6139         (h) Anticipate trends and promote innovations that will
 6140  enhance the emergency management system.
 6141         (i) Institute statewide public awareness programs. This
 6142  shall include an intensive public educational campaign on
 6143  emergency preparedness issues, including, but not limited to,
 6144  the personal responsibility of individual citizens to be self
 6145  sufficient for up to 72 hours following a natural or manmade
 6146  disaster. The public educational campaign must shall include
 6147  relevant information on statewide disaster plans, evacuation
 6148  routes, fuel suppliers, and shelters. All educational materials
 6149  must be available in alternative formats and mediums to ensure
 6150  that they are available to persons with disabilities.
 6151         (j) In cooperation with The Division of Emergency
 6152  Management and the Department of Education, shall coordinate
 6153  with the Agency for Persons with Disabilities to provide an
 6154  educational outreach program on disaster preparedness and
 6155  readiness to individuals who have limited English skills and
 6156  identify persons who are in need of assistance but are not
 6157  defined under special-needs criteria.
 6158         (k) Prepare and distribute to appropriate state and local
 6159  officials catalogs of federal, state, and private assistance
 6160  programs.
 6161         (l) Coordinate federal, state, and local emergency
 6162  management activities and take all other steps, including the
 6163  partial or full mobilization of emergency management forces and
 6164  organizations in advance of an actual emergency, to ensure the
 6165  availability of adequately trained and equipped forces of
 6166  emergency management personnel before, during, and after
 6167  emergencies and disasters.
 6168         (m) Establish a schedule of fees that may be charged by
 6169  local emergency management agencies for review of emergency
 6170  management plans on behalf of external agencies and
 6171  institutions. In establishing such schedule, the office division
 6172  shall consider facility size, review complexity, and other
 6173  factors.
 6174         (n) Implement training programs to improve the ability of
 6175  state and local emergency management personnel to prepare and
 6176  implement emergency management plans and programs. This includes
 6177  shall include a continuous training program for agencies and
 6178  individuals that will be called on to perform key roles in state
 6179  and local postdisaster response and recovery efforts and for
 6180  local government personnel on federal and state postdisaster
 6181  response and recovery strategies and procedures.
 6182         (o) Review Periodically review emergency operating
 6183  procedures of state agencies and recommend revisions as needed
 6184  to ensure consistency with the state comprehensive emergency
 6185  management plan and program.
 6186         (p) Make such surveys of industries, resources, and
 6187  facilities within the state, both public and private, as are
 6188  necessary to carry out the purposes of ss. 252.31-252.90.
 6189         (q) Prepare, in advance if whenever possible, such
 6190  executive orders, proclamations, and rules for issuance by the
 6191  Governor as are necessary or appropriate for coping with
 6192  emergencies and disasters.
 6193         (r) Cooperate with the Federal Government and any public or
 6194  private agency or entity in achieving any purpose of ss. 252.31
 6195  252.90 and in implementing programs for mitigation, preparation,
 6196  response, and recovery.
 6197         (s) By January 1, 2007, the Division of Emergency
 6198  Management shall Complete an inventory of portable generators
 6199  owned by the state and local governments which are capable of
 6200  operating during a major disaster. The inventory must identify,
 6201  at a minimum, the location of each generator, the number of
 6202  generators stored at each specific location, the agency to which
 6203  each generator belongs, the primary use of the generator by the
 6204  owner agency, and the names, addresses, and telephone numbers of
 6205  persons having the authority to loan the stored generators as
 6206  authorized by the office Division of Emergency Management during
 6207  a declared emergency.
 6208         (t) The division shall Maintain an inventory list of
 6209  generators owned by the state and local governments. In
 6210  addition, the office division may keep a list of private
 6211  entities, along with appropriate contact information, which
 6212  offer generators for sale or lease. The list of private entities
 6213  shall be available to the public for inspection in written and
 6214  electronic formats.
 6215         (u) Assist political subdivisions with the creation and
 6216  training of urban search and rescue teams and promote the
 6217  development and maintenance of a state urban search and rescue
 6218  program.
 6219         (v) Delegate, as necessary and appropriate, authority
 6220  vested in it under ss. 252.31-252.90 and provide for the
 6221  subdelegation of such authority.
 6222         (w) Report biennially to the President of the Senate, the
 6223  Speaker of the House of Representatives, and the Governor, no
 6224  later than February 1 of every odd-numbered year, the status of
 6225  the emergency management capabilities of the state and its
 6226  political subdivisions.
 6227         (x) In accordance with chapter 120, create, implement,
 6228  administer, adopt, amend, and rescind rules, programs, and plans
 6229  needed to carry out the provisions of ss. 252.31-252.90 with due
 6230  consideration for, and in cooperating with, the plans and
 6231  programs of the Federal Government. In addition, the office
 6232  division may adopt rules in accordance with chapter 120 to
 6233  administer and distribute federal financial predisaster and
 6234  postdisaster assistance for prevention, mitigation,
 6235  preparedness, response, and recovery.
 6236         (y) Do other things necessary, incidental, or appropriate
 6237  for the implementation of ss. 252.31-252.90.
 6238         Section 91. Subsection (2) of section 252.355, Florida
 6239  Statutes, is amended to read:
 6240         252.355 Registry of persons with special needs; notice.—
 6241         (2) The office Department of Community Affairs shall be the
 6242  designated lead agency responsible for community education and
 6243  outreach to the public, including special needs clients,
 6244  regarding registration and special needs shelters and general
 6245  information regarding shelter stays.
 6246         Section 92. Section 252.3568, Florida Statutes, is amended
 6247  to read:
 6248         252.3568 Emergency sheltering of persons with pets.—In
 6249  accordance with s. 252.35, the office division shall address
 6250  strategies for the evacuation of persons with pets in the
 6251  shelter component of the state comprehensive emergency
 6252  management plan and shall include the requirement for similar
 6253  strategies in its standards and requirements for local
 6254  comprehensive emergency management plans. The Department of
 6255  Agriculture and Consumer Services shall assist the office
 6256  division in determining strategies regarding this activity.
 6257         Section 93. Subsections (8) and (9) of section 252.36,
 6258  Florida Statutes, are amended to read:
 6259         252.36 Emergency management powers of the Governor.—
 6260         (8) The Governor shall delegate emergency responsibilities
 6261  to the officers and agencies of the state and of the political
 6262  subdivisions thereof prior to an emergency or threat of an
 6263  emergency and shall utilize the services and facilities of
 6264  existing officers and agencies of the state and of the political
 6265  subdivisions thereof, including their personnel and other
 6266  resources, as the primary emergency management forces of the
 6267  state, and all such officers and agencies shall cooperate with
 6268  and extend their services and facilities to the office division,
 6269  as it may require.
 6270         (9) The Governor and the office division shall establish
 6271  agencies and offices and appoint executive, professional,
 6272  technical, clerical, and other personnel as may be necessary to
 6273  carry out the provisions of ss. 252.31-252.90.
 6274         Section 94. Subsections (2), (3), and (4) of section
 6275  252.365, Florida Statutes, are amended to read:
 6276         252.365 Emergency coordination officers; disaster
 6277  preparedness plans.—
 6278         (2) The emergency coordination officer is responsible for
 6279  coordinating with the office division on emergency preparedness
 6280  issues, preparing and maintaining emergency preparedness and
 6281  postdisaster response and recovery plans for such agency,
 6282  maintaining rosters of personnel to assist in disaster
 6283  operations, and coordinating appropriate training for agency
 6284  personnel.
 6285         (3) These individuals shall be responsible for ensuring
 6286  that each state agency and facility, such as a prison, office
 6287  building, or university, has a disaster preparedness plan that
 6288  is coordinated with the applicable local emergency-management
 6289  agency and approved by the office division.
 6290         (a) The disaster-preparedness plan must outline a
 6291  comprehensive and effective program to ensure continuity of
 6292  essential state functions under all circumstances. The plan must
 6293  identify a baseline of preparedness for a full range of
 6294  potential emergencies to establish a viable capability to
 6295  perform essential functions during any emergency or other
 6296  situation that disrupts normal operations.
 6297         (b) The plan must include, at a minimum, the following
 6298  elements: identification of essential functions, programs, and
 6299  personnel; procedures to implement the plan and personnel
 6300  notification and accountability; delegations of authority and
 6301  lines of succession; identification of alternative facilities
 6302  and related infrastructure, including those for communications;
 6303  identification and protection of vital records and databases;
 6304  and schedules and procedures for periodic tests, training, and
 6305  exercises.
 6306         (c) The office division shall develop and distribute
 6307  guidelines for developing and implementing the plan. Each agency
 6308  is encouraged to initiate and complete development of its plan
 6309  immediately, but no later than July 1, 2003.
 6310         (4) The head of each agency shall notify the Governor and
 6311  the office division in writing of the person initially
 6312  designated as the emergency coordination officer for such agency
 6313  and her or his alternate and of any changes in persons so
 6314  designated thereafter.
 6315         Section 95. Subsection (4) of section 252.37, Florida
 6316  Statutes, is amended to read:
 6317         252.37 Financing.—
 6318         (4)(a) Whenever the Federal Government or any agency or
 6319  officer thereof offers to the state or, through the state, to
 6320  any political subdivision thereof services, equipment, supplies,
 6321  materials, or funds by way of gift, grant, or loan for the
 6322  purposes of emergency management, the state, acting through the
 6323  office division, or such political subdivision, acting with the
 6324  consent of the Governor or the Governor’s authorized
 6325  representative, may accept such offer. Upon such acceptance, the
 6326  office division or the presiding officer or governing body of
 6327  such political subdivision may authorize receipt of the gift,
 6328  grant, or loan on behalf of the state or such political
 6329  subdivision, subject to the terms of the offer and the rules and
 6330  regulations of the agency making the offer.
 6331         (b) Whenever any person, firm, or corporation offers to the
 6332  state or to any political subdivision thereof services,
 6333  equipment, supplies, materials, or funds by way of gift, grant,
 6334  loan, or other agreement for the purpose of emergency
 6335  management, the state, acting through the office division, or
 6336  such political subdivision, acting through its governing body or
 6337  a local emergency management agency, may accept such offer. Upon
 6338  such acceptance, the office division or the presiding officer or
 6339  governing body of the political subdivision may authorize
 6340  receipt of the gift, grant, or loan on behalf of the state or
 6341  such political subdivision, subject to the terms of the offer.
 6342         Section 96. Section 252.371, Florida Statutes, is amended
 6343  to read:
 6344         252.371 Emergency Management, Preparedness, and Assistance
 6345  Trust Fund.—There is created the Emergency Management,
 6346  Preparedness, and Assistance Trust Fund to be administered by
 6347  the office Department of Community Affairs.
 6348         Section 97. Subsections (1) and (3) of section 252.373,
 6349  Florida Statutes, are amended to read:
 6350         252.373 Allocation of funds; rules.—
 6351         (1) Funds appropriated from the Emergency Management,
 6352  Preparedness, and Assistance Trust Fund shall be allocated by
 6353  the office Department of Community Affairs for the following
 6354  purposes:
 6355         (a) To implement and administer state and local emergency
 6356  management programs, including administration, training, and
 6357  operations.
 6358         (b) For grants and loans to state or regional agencies,
 6359  local governments, and private organizations to implement
 6360  projects that will further state and local emergency management
 6361  objectives. These projects must include, but need not be limited
 6362  to, projects that will promote public education on disaster
 6363  preparedness and recovery issues, enhance coordination of relief
 6364  efforts of statewide private sector organizations, and improve
 6365  the training and operations capabilities of agencies assigned
 6366  lead or support responsibilities in the state comprehensive
 6367  emergency management plan, including the State Fire Marshal’s
 6368  Office for coordinating the Florida fire services. The office
 6369  division shall establish criteria and procedures for competitive
 6370  allocation of these funds by rule. No more than 5 percent of any
 6371  award made pursuant to this subparagraph may be used for
 6372  administrative expenses. This competitive criteria must give
 6373  priority consideration to hurricane evacuation shelter retrofit
 6374  projects.
 6375         (c) To meet any matching requirements imposed as a
 6376  condition of receiving federal disaster relief assistance.
 6377         (3) If adequate funds are available as determined by the
 6378  office division, every county shall receive funds at least
 6379  sufficient to fund a dedicated, full-time emergency preparedness
 6380  officer position.
 6381         Section 98. Paragraphs (a), (b), and (e) of subsection (1)
 6382  of section 252.38, Florida Statutes, are amended to read:
 6383         252.38 Emergency management powers of political
 6384  subdivisions.—Safeguarding the life and property of its citizens
 6385  is an innate responsibility of the governing body of each
 6386  political subdivision of the state.
 6387         (1) COUNTIES.—
 6388         (a) In order to provide effective and orderly governmental
 6389  control and coordination of emergency operations in emergencies
 6390  within the scope of ss. 252.31-252.90, each county within this
 6391  state shall be within the jurisdiction of, and served by, the
 6392  office division. Except as otherwise provided in ss. 252.31
 6393  252.90, each local emergency management agency shall have
 6394  jurisdiction over and serve an entire county. Unless part of an
 6395  interjurisdictional emergency management agreement entered into
 6396  pursuant to paragraph (3)(b) which is recognized by the Governor
 6397  by executive order or rule, each county must establish and
 6398  maintain such an emergency management agency and shall develop a
 6399  county emergency management plan and program that is coordinated
 6400  and consistent with the state comprehensive emergency management
 6401  plan and program. Counties that are part of an
 6402  interjurisdictional emergency management agreement entered into
 6403  pursuant to paragraph (3)(b) which is recognized by the Governor
 6404  by executive order or rule shall cooperatively develop an
 6405  emergency management plan and program that is coordinated and
 6406  consistent with the state comprehensive emergency management
 6407  plan and program.
 6408         (b) Each county emergency management agency created and
 6409  established pursuant to ss. 252.31-252.90 shall have a director.
 6410  The director must meet the minimum training and education
 6411  qualifications established in a job description approved by the
 6412  county. The director shall be appointed by the board of county
 6413  commissioners or the chief administrative officer of the county,
 6414  as described in chapter 125 or the county charter, if
 6415  applicable, to serve at the pleasure of the appointing
 6416  authority, in conformance with applicable resolutions,
 6417  ordinances, and laws. A county constitutional officer, or an
 6418  employee of a county constitutional officer, may be appointed as
 6419  director following prior notification to the division. Each
 6420  board of county commissioners shall promptly inform the office
 6421  division of the appointment of the director and other personnel.
 6422  Each director has direct responsibility for the organization,
 6423  administration, and operation of the county emergency management
 6424  agency. The director shall coordinate emergency management
 6425  activities, services, and programs within the county and shall
 6426  serve as liaison to the office division and other local
 6427  emergency management agencies and organizations.
 6428         (e) County emergency management agencies may charge and
 6429  collect fees for the review of emergency management plans on
 6430  behalf of external agencies and institutions. Fees must be
 6431  reasonable and may not exceed the cost of providing a review of
 6432  emergency management plans in accordance with fee schedules
 6433  established by the office division.
 6434         Section 99. Subsections (2) and (3) of section 252.385,
 6435  Florida Statutes, are amended to read:
 6436         252.385 Public shelter space.—
 6437         (2)(a) The office division shall administer a program to
 6438  survey existing schools, universities, community colleges, and
 6439  other state-owned, municipally owned, and county-owned public
 6440  buildings and any private facility that the owner, in writing,
 6441  agrees to provide for use as a public hurricane evacuation
 6442  shelter to identify those that are appropriately designed and
 6443  located to serve as such shelters. The owners of the facilities
 6444  must be given the opportunity to participate in the surveys. The
 6445  state university boards of trustees, district school boards,
 6446  community college boards of trustees, and the Department of
 6447  Education are responsible for coordinating and implementing the
 6448  survey of public schools, universities, and community colleges
 6449  with the office division or the local emergency management
 6450  agency.
 6451         (b) By January 31 of each even-numbered year, the office
 6452  division shall prepare and submit a statewide emergency shelter
 6453  plan to the Governor and Cabinet for approval, subject to the
 6454  requirements for approval in s. 1013.37(2). The plan shall
 6455  identify the general location and square footage of special
 6456  needs shelters, by regional planning council region, during the
 6457  next 5 years. The plan shall also include information on the
 6458  availability of shelters that accept pets. The Department of
 6459  Health shall assist the office division in determining the
 6460  estimated need for special needs shelter space and the adequacy
 6461  of facilities to meet the needs of persons with special needs
 6462  based on information from the registries of persons with special
 6463  needs and other information.
 6464         (3) The office division shall annually provide to the
 6465  President of the Senate, the Speaker of the House of
 6466  Representatives, and the Governor a list of facilities
 6467  recommended to be retrofitted using state funds. State funds
 6468  should be maximized and targeted to regional planning council
 6469  regions with hurricane evacuation shelter deficits. Retrofitting
 6470  facilities in regions with public hurricane evacuation shelter
 6471  deficits shall be given first priority and should be completed
 6472  by 2003. All recommended facilities should be retrofitted by
 6473  2008. The owner or lessee of a public hurricane evacuation
 6474  shelter that is included on the list of facilities recommended
 6475  for retrofitting is not required to perform any recommended
 6476  improvements.
 6477         Section 100. Subsection (1) of section 252.40, Florida
 6478  Statutes, is amended to read:
 6479         252.40 Mutual aid arrangements.—
 6480         (1) The governing body of each political subdivision of the
 6481  state is authorized to develop and enter into mutual aid
 6482  agreements within the state for reciprocal emergency aid and
 6483  assistance in case of emergencies too extensive to be dealt with
 6484  unassisted. Copies of such agreements shall be sent to the
 6485  office division. Such agreements shall be consistent with the
 6486  state comprehensive emergency management plan and program, and
 6487  in time of emergency it shall be the duty of each local
 6488  emergency management agency to render assistance in accordance
 6489  with the provisions of such mutual aid agreements to the fullest
 6490  possible extent.
 6491         Section 101. Subsection (1) and paragraph (c) of subsection
 6492  (2) of section 252.41, Florida Statutes, are amended to read:
 6493         252.41 Emergency management support forces.—
 6494         (1) The office division is authorized to provide, within or
 6495  without the state, such support from available personnel,
 6496  equipment, and other resources of state agencies and the
 6497  political subdivisions of the state as may be necessary to
 6498  reinforce emergency management agencies in areas stricken by
 6499  emergency. Such support shall be rendered with due consideration
 6500  of the plans of the Federal Government, this state, the other
 6501  states, and of the criticalness of the existing situation.
 6502  Emergency management support forces shall be called to duty upon
 6503  orders of the office division and shall perform functions in any
 6504  part of the state or, upon the conditions specified in this
 6505  section, in other states.
 6506         (2) Personnel of emergency management support forces while
 6507  on duty, whether within or without the state, shall:
 6508         (c) If they are not employees of the state or a political
 6509  subdivision thereof, they shall be entitled to the same rights
 6510  and immunities as are provided by law for the employees of this
 6511  state and to such compensation as may be fixed by the office
 6512  division. All personnel of emergency management support forces
 6513  shall, while on duty, be subject to the operational control of
 6514  the authority in charge of emergency management activities in
 6515  the area in which they are serving and shall be reimbursed for
 6516  all actual and necessary travel and subsistence expenses to the
 6517  extent of funds available.
 6518         Section 102. Section 252.42, Florida Statutes, is amended
 6519  to read:
 6520         252.42 Government equipment, services, and facilities.—In
 6521  the event of any emergency, the office division may make
 6522  available any equipment, services, or facilities owned or
 6523  organized by the state or its political subdivisions for use in
 6524  the affected area upon request of the duly constituted authority
 6525  of the area or upon the request of any recognized and accredited
 6526  relief agency through such duly constituted authority.
 6527         Section 103. Subsections (2), (4), and (5) of section
 6528  252.43, Florida Statutes, are amended to read:
 6529         252.43 Compensation.—
 6530         (2) Compensation owed for personal services shall be only
 6531  such as may be fixed by the office division.
 6532         (4) Any person claiming compensation for the use, damage,
 6533  loss, or destruction of property under ss. 252.31-252.60 shall
 6534  file a claim therefor with the office division in the form and
 6535  manner that the office division provides.
 6536         (5) Unless the amount of compensation owed on account of
 6537  property damaged, lost, or destroyed is agreed between the
 6538  claimant and the office division, the amount of compensation
 6539  shall be calculated in the same manner as compensation due for a
 6540  taking of property pursuant to the condemnation laws of this
 6541  state.
 6542         Section 104. Subsections (2) and (3) of section 252.44,
 6543  Florida Statutes, are amended to read:
 6544         252.44 Emergency mitigation.—
 6545         (2) The appropriate state agencies, in conjunction with the
 6546  office division, shall keep land uses and construction of
 6547  structures and other facilities under continuing study and
 6548  identify areas which are particularly susceptible to severe land
 6549  shifting, subsidence, flood, or other catastrophic occurrence,
 6550  manmade or natural. The studies under this subsection shall
 6551  concentrate on means of reducing or avoiding the dangers caused
 6552  by these occurrences or the consequences thereof.
 6553         (3) If the office division believes, on the basis of the
 6554  studies or other competent evidence, that an area is susceptible
 6555  to an emergency of catastrophic proportions without adequate
 6556  warning; that existing building standards and land use controls
 6557  in that area are inadequate and could add substantially to the
 6558  magnitude of the emergency; and that changes in zoning
 6559  regulations, other land use regulations, or building
 6560  requirements are essential in order to further the purposes of
 6561  this section, it shall specify the essential changes to the
 6562  Governor. If the Governor upon review of the recommendation
 6563  finds after public hearing that changes are essential, she or he
 6564  shall so recommend to the agencies or political subdivisions
 6565  with jurisdiction over the area and subject matter. If no
 6566  action, or insufficient action, pursuant to her or his
 6567  recommendations is taken within the time specified by the
 6568  Governor, she or he shall so inform the Legislature and request
 6569  legislative action appropriate to mitigate the impact of such an
 6570  emergency.
 6571         Section 105. Subsections (1) and (2) of section 252.46,
 6572  Florida Statutes, are amended to read:
 6573         252.46 Orders and rules.—
 6574         (1) In accordance with the provisions of chapter 120, the
 6575  political subdivisions of the state and other agencies
 6576  designated or appointed by the Governor or in the state
 6577  comprehensive emergency management plan are authorized and
 6578  empowered to make, amend, and rescind such orders and rules as
 6579  are necessary for emergency management purposes and to
 6580  supplement the carrying out of the provisions of ss. 252.31
 6581  252.90, but which are not inconsistent with any orders or rules
 6582  adopted by the office division or by any state agency exercising
 6583  a power delegated to it by the Governor or the office division.
 6584         (2) All orders and rules adopted by the office division or
 6585  any political subdivision or other agency authorized by ss.
 6586  252.31-252.90 to make orders and rules have full force and
 6587  effect of law after adoption in accordance with the provisions
 6588  of chapter 120 in the event of issuance by the office division
 6589  or any state agency or, if promulgated by a political
 6590  subdivision of the state or agency thereof, when filed in the
 6591  office of the clerk or recorder of the political subdivision or
 6592  agency promulgating the same. All existing laws, ordinances, and
 6593  rules inconsistent with the provisions of ss. 252.31-252.90, or
 6594  any order or rule issued under the authority of ss. 252.31
 6595  252.90, shall be suspended during the period of time and to the
 6596  extent that such conflict exists.
 6597         Section 106. Subsection (5) of section 252.55, Florida
 6598  Statutes, is amended to read:
 6599         252.55 Civil Air Patrol, Florida Wing.—
 6600         (5) The wing commander of the Florida Wing of the Civil Air
 6601  Patrol shall biennially furnish the office Bureau of Emergency
 6602  Management a 2-year projection of the goals and objectives of
 6603  the Civil Air Patrol which shall be reported in the office’s
 6604  division’s biennial report submitted pursuant to s. 252.35.
 6605         Section 107. Subsection (3) and paragraph (a) of subsection
 6606  (4) of section 252.60, Florida Statutes, are amended to read:
 6607         252.60 Radiological emergency preparedness.—
 6608         (3) EMERGENCY RESPONSE PLANS.—In addition to the other
 6609  plans required by this chapter, the office division shall
 6610  develop, prepare, test, and implement as needed, in conjunction
 6611  with the appropriate counties and the affected operator, such
 6612  radiological emergency response plans and preparedness
 6613  requirements as may be imposed by the United States Nuclear
 6614  Regulatory Commission or the Federal Emergency Management Agency
 6615  as a requirement for obtaining or continuing the appropriate
 6616  licenses for a commercial nuclear electric generating facility.
 6617         (4) POWERS AND DUTIES.—In implementing the requirements of
 6618  this section, the director of the office secretary of the
 6619  department, or the director’s secretary’s designated
 6620  representative, shall:
 6621         (a) Negotiate and enter into such additional contracts and
 6622  arrangements among the office division, appropriate counties,
 6623  and each operator to provide for the level of funding and the
 6624  respective roles of each in the development, preparation,
 6625  testing, and implementation of the plans.
 6626         Section 108. Section 252.61, Florida Statutes, is amended
 6627  to read:
 6628         252.61 List of persons for contact relating to release of
 6629  toxic substances into atmosphere.—The Office of Emergency
 6630  Management Department of Community Affairs shall maintain a list
 6631  of contact persons after the survey pursuant to s. 403.771 is
 6632  completed.
 6633         Section 109. Section 252.82, Florida Statutes, is amended
 6634  to read:
 6635         252.82 Definitions.—As used in this part:
 6636         (1) “Commission” means the State Hazardous Materials
 6637  Emergency Response Commission created pursuant to s. 301 of
 6638  EPCRA.
 6639         (2) “Committee” means any local emergency planning
 6640  committee established in the state pursuant to s. 301 of EPCRA.
 6641         (3) “Department” means the Department of Community Affairs.
 6642         (3)(4) “Facility” means facility as defined in s. 329 of
 6643  EPCRA. Vehicles placarded according to title 49 Code of Federal
 6644  Regulations are shall not be considered a facility except for
 6645  purposes of s. 304 of EPCRA.
 6646         (4)(5) “Hazardous material” means any hazardous chemical,
 6647  toxic chemical, or extremely hazardous substance, as defined in
 6648  s. 329 of EPCRA.
 6649         (5)(6) “EPCRA” means the Emergency Planning and Community
 6650  Right-to-Know Act of 1986, title III of the Superfund Amendments
 6651  and Reauthorization Act of 1986, Pub. L. No. 99-499, ss. 300
 6652  329, 42 U.S.C. ss. 11001 et seq.; and federal regulations
 6653  adopted thereunder.
 6654         (6) “Office” means the Office of Emergency Management
 6655  within the Executive Office of the Governor.
 6656         (7) “Trust fund” means the Operating Trust Fund of the
 6657  office Department of Community Affairs.
 6658         Section 110. Section 252.83, Florida Statutes, is amended
 6659  to read:
 6660         252.83 Powers and duties of the office department.—
 6661         (1) The office department shall have the authority:
 6662         (a) To coordinate its activities under this part with its
 6663  other emergency management responsibilities, including its
 6664  responsibilities under part I of this chapter, and activities
 6665  and with the related activities of other agencies, keeping
 6666  separate accounts for all activities supported or partially
 6667  supported from the Operating Trust Fund.
 6668         (b) To make rules, with the advice and consent of the
 6669  commission, to implement this part.
 6670         (2) The office department shall provide administrative
 6671  support, including staff, facilities, materials, and services,
 6672  to the commission and shall provide funding to the committees to
 6673  enable the commission and the committees to perform their
 6674  functions under EPCRA and this part.
 6675         (3) The office department and the commission, to the extent
 6676  possible, shall use the emergency planning capabilities of local
 6677  governments to reduce duplication and paperwork to achieve the
 6678  intent of this part. It is the intent of the Legislature that
 6679  this part be implemented in the most cost-efficient manner
 6680  possible, with the least possible financial impact on local
 6681  government and the community.
 6682         Section 111. Subsections (1), (3), (4), and (5) of section
 6683  252.85, Florida Statutes, are amended to read:
 6684         252.85 Fees.—
 6685         (1) Any owner or operator of a facility required under s.
 6686  302 or s. 312 of EPCRA, or by s. 252.87, to submit a
 6687  notification or an annual inventory form to the commission shall
 6688  be required to pay an annual registration fee. The fee for any
 6689  company, including all facilities under common ownership or
 6690  control, shall not be less than $25 nor more than $2,000. The
 6691  office department shall establish a reduced fee, of not less
 6692  than $25 nor more than $500, applicable to any owner or operator
 6693  regulated under part I of chapter 368, chapter 527, or s.
 6694  376.303, which does not have present any extremely hazardous
 6695  substance, as defined by EPCRA, in excess of a threshold
 6696  planning quantity, as established by EPCRA. The office
 6697  department shall establish a reduced fee of not less than $25
 6698  nor more than $1,000, applicable to any owner or operator of a
 6699  facility with a Standard Industrial Classification Code of 01,
 6700  02, or 07, which is eligible for the “routine agricultural use”
 6701  exemption provided in ss. 311 and 312 of EPCRA. The fee under
 6702  this subsection shall be based on the number of employees
 6703  employed within the state at facilities under the common
 6704  ownership or control of such owner or operator, which number
 6705  shall be determined, to the extent possible, in accordance with
 6706  data supplied by Jobs Florida or its tax collection service
 6707  provider the Department of Labor and Employment Security. In
 6708  order to avoid the duplicative reporting of seasonal and
 6709  temporary agricultural employees, fees applicable to owners or
 6710  operators of agricultural facilities, which are eligible for the
 6711  “routine agricultural use” reporting exemption provided in ss.
 6712  311 and 312 of EPCRA, shall be based on employee data which most
 6713  closely reflects such owner or operator’s permanent nonseasonal
 6714  workforce. The office department shall establish by rule the
 6715  date by which the fee is to be paid, as well as a formula or
 6716  method of determining the applicable fee under this subsection
 6717  without regard to the number of facilities under common
 6718  ownership or control. The office department may require owners
 6719  or operators of multiple facilities to demonstrate common
 6720  ownership or control for purposes of this subsection.
 6721         (3) Any owner or operator of a facility that is required to
 6722  submit a report or filing under s. 313 of EPCRA shall pay an
 6723  annual reporting fee not to exceed $150 for those s. 313 EPCRA
 6724  listed substances in effect on January 1, 2005. The office
 6725  department shall establish by rule the date by which the fee is
 6726  to be paid, as well as a formula or method of determining the
 6727  applicable fee under this subsection.
 6728         (4)(a) The office department may assess a late fee for the
 6729  failure to submit a report or filing that substantially complies
 6730  with the requirements of EPCRA or s. 252.87 by the specified
 6731  date or for failure to pay any fee, including any late fee,
 6732  required by this section. This late fee shall be in addition to
 6733  the fee otherwise imposed pursuant to this section. If the
 6734  office department elects to impose a late fee, it shall provide
 6735  the owner or operator with a written notice that identifies the
 6736  specific requirements which have not been met and advises of its
 6737  intent to assess a late fee.
 6738         (b) The office department may impose a late fee, subject to
 6739  the limitations set forth below:
 6740         1. If the report, filing, or fee is submitted within 30
 6741  days after the receipt of the office’s department’s notice, no
 6742  late fee may be assessed.
 6743         2. If the report, filing, or fee is not submitted within 30
 6744  days after the receipt of the office’s department’s notice, the
 6745  office department may impose a late fee in an amount equal to
 6746  the amount of the annual registration fee, filing fee, or s. 313
 6747  fee due, not to exceed $2,000.
 6748         3. If the report, filing, or fee is not submitted within 90
 6749  days after the receipt of the office’s department’s notice, the
 6750  office department may issue a second notice. If the report,
 6751  filing, or fee is not submitted within 30 days after receipt of
 6752  the office’s department’s second notice, the office department
 6753  may assess a second late fee in an amount equal to twice the
 6754  amount of the annual registration fee, filing fee, or s. 313 fee
 6755  due, not to exceed $4,000.
 6756         4. The office department may consider, but is not limited
 6757  to considering, the following factors in assessing late fees:
 6758  good faith attempt to comply; history of noncompliance; ability
 6759  to pay or continue in business; threat to health and safety
 6760  posed by noncompliance; and degree of culpability.
 6761         (5) The office department shall establish by rule the dates
 6762  by which the fee is to be paid, as well as a formula or method
 6763  of determining the facility registration fee and late fee.
 6764         Section 112. Subsections (1) and (3) of section 252.86,
 6765  Florida Statutes, are amended to read:
 6766         252.86 Penalties and remedies.—
 6767         (1) The owner or operator of a facility, an employer, or
 6768  any other person submitting written information pursuant to
 6769  EPCRA or this part to the commission, a committee, or a fire
 6770  department shall be liable for a civil penalty of $5,000 for
 6771  each item of information in the submission that is false, if
 6772  such person knew or should have known the information was false
 6773  or if such person submitted the information with reckless
 6774  disregard of its truth or falsity. The office department may
 6775  institute a civil action in a court of competent jurisdiction to
 6776  impose and recover a civil penalty for the amount indicated in
 6777  this subsection. However, the court may receive evidence in
 6778  mitigation.
 6779         (3) Any provision of s. 325 or s. 326 of EPCRA which
 6780  creates a federal cause of action shall create a corresponding
 6781  cause of action under state law, with jurisdiction in the
 6782  circuit courts. Any provision of s. 325 or s. 326 of EPCRA which
 6783  imposes or authorizes the imposition of a civil penalty by the
 6784  Administrator of the Environmental Protection Agency, or which
 6785  creates a liability to the United States, shall impose or
 6786  authorize the imposition of such a penalty by the office
 6787  department or create such a liability to and for the benefit of
 6788  the state, to be paid into the Operating Trust Fund. Venue shall
 6789  be proper in the county where the violation occurred or where
 6790  the defendant has its principal place of business.
 6791         Section 113. Subsections (4) and (7) of section 252.87,
 6792  Florida Statutes, are amended to read:
 6793         252.87 Supplemental state reporting requirements.—
 6794         (4) Each employer that owns or operates a facility in this
 6795  state at which hazardous materials are present in quantities at
 6796  or above the thresholds established under ss. 311(b) and 312(b)
 6797  of EPCRA shall comply with the reporting requirements of ss. 311
 6798  and 312 of EPCRA. Such employer shall also be responsible for
 6799  notifying the office department, the local emergency planning
 6800  committee, and the local fire department in writing within 30
 6801  days if there is a discontinuance or abandonment of the
 6802  employer’s business activities that could affect any stored
 6803  hazardous materials.
 6804         (7) The office department shall avoid duplicative reporting
 6805  requirements by using utilizing the reporting requirements of
 6806  other state agencies that regulate hazardous materials to the
 6807  extent feasible and shall request the information authorized
 6808  under EPCRA. With the advice and consent of the State Emergency
 6809  Response Commission for Hazardous Materials, the office
 6810  department may require by rule that the maximum daily amount
 6811  entry on the chemical inventory report required under s. 312 of
 6812  EPCRA provide for reporting in estimated actual amounts. The
 6813  office department may also require by rule an entry for the
 6814  Federal Employer Identification Number on this report. To the
 6815  extent feasible, the office department shall encourage and
 6816  accept required information in a form initiated through
 6817  electronic data interchange and shall describe by rule the
 6818  format, manner of execution, and method of electronic
 6819  transmission necessary for using such form. To the extent
 6820  feasible, the Department of Financial Services, the Department
 6821  of Agriculture and Consumer Services, the Department of
 6822  Environmental Protection, the Public Service Commission, the
 6823  Department of Revenue, the Department of Labor and Employment
 6824  Security, and other state agencies which regulate hazardous
 6825  materials shall coordinate with the office department in order
 6826  to avoid duplicative requirements contained in each agency’s
 6827  respective reporting or registration forms. The other state
 6828  agencies that inspect facilities storing hazardous materials and
 6829  suppliers and distributors of covered substances shall assist
 6830  the office department in informing the facility owner or
 6831  operator of the requirements of this part. The office department
 6832  shall provide the other state agencies with the necessary
 6833  information and materials to inform the owners and operators of
 6834  the requirements of this part to ensure that the budgets of
 6835  these agencies are not adversely affected.
 6836         Section 114. Subsection (4) of section 252.88, Florida
 6837  Statutes, is amended to read:
 6838         252.88 Public records.—
 6839         (4) The office department, the commission, and the
 6840  committees shall furnish copies of public records submitted
 6841  under EPCRA or this part, and may charge a fee of $1 per page
 6842  per person per year for over 25 pages of materials copied.
 6843         Section 115. Subsections (3), (8), (9), and (19) of section
 6844  252.936, Florida Statutes, are amended to read:
 6845         252.936 Definitions.—As used in this part, the term:
 6846         (3) “Audit” means a review of information at, a stationary
 6847  source subject to s. 112(r)(7), or submitted by, a stationary
 6848  source subject to s. 112(r)(7), to determine whether that
 6849  stationary source is in compliance with the requirements of this
 6850  part and rules adopted to administer implement this part. Audits
 6851  must include a review of the adequacy of the stationary source’s
 6852  Risk Management Plan, may consist of reviews of information
 6853  submitted to the office department or the United States
 6854  Environmental Protection Agency to determine whether the plan is
 6855  complete or whether revisions to the plan are needed, and the
 6856  reviews may be conducted at the stationary source to confirm
 6857  that information onsite is consistent with reported information.
 6858         (8) “Department” means the Department of Community Affairs.
 6859         (8)(9) “Inspection” means a review of information at a
 6860  stationary source subject to s. 112(r)(7), including
 6861  documentation and operating practices and access to the source
 6862  and to any area where an accidental release could occur, to
 6863  determine whether the stationary source is in compliance with
 6864  the requirements of this part or rules adopted to administer
 6865  implement this part.
 6866         (9) “Office” means the Office of Emergency Management in
 6867  the Executive Office of the Governor.
 6868         (19) “Trust fund” means the Operating Trust Fund of the
 6869  office established in the department’s Division of Emergency
 6870  Management.
 6871         Section 116. Section 252.937, Florida Statutes, is amended
 6872  to read:
 6873         252.937 Office Department powers and duties.—
 6874         (1) The office department has the power and duty to:
 6875         (a)1. Seek delegation from the United States Environmental
 6876  Protection Agency to implement the Accidental Release Prevention
 6877  Program under s. 112(r)(7) of the Clean Air Act and the federal
 6878  implementing regulations for specified sources subject to s.
 6879  112(r)(7) of the Clean Air Act. Implementation for all other
 6880  sources subject to s. 112(r)(7) of the Clean Air Act shall will
 6881  be performed by the United States Environmental Protection
 6882  Agency; and
 6883         2. Ensure the timely submission of Risk Management Plans
 6884  and any subsequent revisions of Risk Management Plans.
 6885         (b) Adopt, modify, and repeal rules, with the advice and
 6886  consent of the commission, necessary to obtain delegation from
 6887  the United States Environmental Protection Agency and to
 6888  administer the s. 112(r)(7) Accidental Release Prevention
 6889  Program in this state for the specified stationary sources with
 6890  no expansion or addition of the regulatory program.
 6891         (c) Make and execute contracts and other agreements
 6892  necessary or convenient to the administration implementation of
 6893  this part.
 6894         (d) Coordinate its activities under this part with its
 6895  other emergency management responsibilities, including its
 6896  responsibilities and activities under parts I, II, and III of
 6897  this chapter and with the related activities of other state and
 6898  local agencies, keeping separate accounts for all activities
 6899  conducted under this part which are supported or partially
 6900  supported from the trust fund.
 6901         (e) Establish, with the advice and consent of the
 6902  commission, a technical assistance and outreach program on or
 6903  before January 31, 1999, to assist owners and operators of
 6904  specified stationary sources subject to s. 112(r)(7) in
 6905  complying with the reporting and fee requirements of this part.
 6906  This program is designed to facilitate and ensure timely
 6907  submission of proper certifications or compliance schedules and
 6908  timely submission and registration of Risk Management Plans and
 6909  revised registrations and Risk Management Plans if when required
 6910  for these sources.
 6911         (f) Make a quarterly report to the State Emergency Response
 6912  Commission on income and expenses for the state’s Accidental
 6913  Release Prevention Program under this part.
 6914         (2) To ensure that this program is self-supporting, the
 6915  office department shall provide administrative support,
 6916  including staff, facilities, materials, and services to
 6917  implement this part for specified stationary sources subject to
 6918  s. 252.939 and shall provide necessary funding to local
 6919  emergency planning committees and county emergency management
 6920  agencies for work performed to implement this part. Each state
 6921  agency with regulatory, inspection, or technical assistance
 6922  programs for specified stationary sources subject to this part
 6923  shall enter into a memorandum of understanding with the office
 6924  department which specifically outlines how each agency’s staff,
 6925  facilities, materials, and services will be used utilized to
 6926  support implementation. At a minimum, these agencies and
 6927  programs include: the Department of Environmental Protection’s
 6928  Division of Air Resources Management and Division of Water
 6929  Resource Management, and the Department of Labor and Employment
 6930  Security’s Division of Safety. It is the Legislature’s intent to
 6931  implement this part as efficiently and economically as possible,
 6932  using existing expertise and resources, if available and
 6933  appropriate.
 6934         (3) To prevent the duplication of investigative efforts and
 6935  resources, the office department, on behalf of the commission,
 6936  shall coordinate with any federal agencies or agents thereof,
 6937  including the federal Chemical Safety and Hazard Investigation
 6938  Board, or its successor, which are performing accidental release
 6939  investigations for specified stationary sources, and may
 6940  coordinate with any agencies of the state which are performing
 6941  accidental release investigations. This accidental release
 6942  investigation coordination is not intended to limit or take the
 6943  place of any individual agency accidental release investigation
 6944  under separate authority.
 6945         (4) To promote efficient administration of this program and
 6946  specified stationary sources, the only the office agency which
 6947  may seek delegation from the United States Environmental
 6948  Protection Agency for this program is the Florida Department of
 6949  Community Affairs. Further, the office may Florida Department of
 6950  Community Affairs shall not delegate this program to any local
 6951  environmental agency.
 6952         Section 117. Section 252.943, Florida Statutes, is amended
 6953  to read:
 6954         252.943 Public records.—
 6955         (1) The office Department of Community Affairs shall
 6956  protect records, reports, or information or particular parts
 6957  thereof, other than release or emissions data, contained in a
 6958  risk management plan from public disclosure pursuant to ss.
 6959  112(r) and 114(c) of the federal Clean Air Act and authorities
 6960  cited therein, based upon a showing satisfactory to the
 6961  Administrator of the United States Environmental Protection
 6962  Agency, by any owner or operator of a stationary source subject
 6963  to the Accidental Release Prevention Program, that public
 6964  release of such records, reports, or information would divulge
 6965  methods or processes entitled to protection as trade secrets as
 6966  provided for in 40 C.F.R. part 2, subpart B. Such records,
 6967  reports, or information held by the office department are
 6968  confidential and exempt from the provisions of s. 119.07(1) and
 6969  s. 24(a), Art. I of the State Constitution, unless a final
 6970  determination has been made by the Administrator of the
 6971  Environmental Protection Agency that such records, reports, or
 6972  information are not entitled to trade secret protection, or
 6973  pursuant to an order of court.
 6974         (2) The office department shall protect records, reports,
 6975  or information or particular parts thereof, other than release
 6976  or emissions data, obtained from an investigation, inspection,
 6977  or audit from public disclosure pursuant to ss. 112(r) and
 6978  114(c) of the federal Clean Air Act and authorities cited
 6979  therein, based upon a showing satisfactory to the Administrator
 6980  of the United States Environmental Protection Agency, by any
 6981  owner or operator of a stationary source subject to the
 6982  Accidental Release Prevention Program, that public release of
 6983  such records, reports, or information would divulge methods or
 6984  processes entitled to protection as trade secrets as provided
 6985  for in 40 C.F.R. part 2, subpart B. Such records, reports, or
 6986  information held by the office department are confidential and
 6987  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
 6988  of the State Constitution, unless a final determination has been
 6989  made by the Administrator of the Environmental Protection Agency
 6990  that such records, reports, or information are not entitled to
 6991  trade secret protection, or pursuant to a court an order of
 6992  court.
 6993         Section 118. Section 252.946, Florida Statutes, is amended
 6994  to read:
 6995         252.946 Public records.—With regard to information
 6996  submitted to the United States Environmental Protection Agency
 6997  under this part or s. 112(r)(7), the office department of
 6998  Community Affairs, the State Hazardous Materials Emergency
 6999  Response Commission, and any local emergency planning committee
 7000  may assist persons in electronically accessing such information
 7001  held by the United States Environmental Protection Agency in its
 7002  centralized database. If requested, the office department, the
 7003  commission, or a committee may furnish copies of such United
 7004  States Environmental Protection Agency records.
 7005         Section 119. Paragraph (b) of subsection (1) of section
 7006  255.099, Florida Statutes, is amended to read:
 7007         255.099 Preference to state residents.—
 7008         (1) Each contract for construction that is funded by state
 7009  funds must contain a provision requiring the contractor to give
 7010  preference to the employment of state residents in the
 7011  performance of the work on the project if state residents have
 7012  substantially equal qualifications to those of nonresidents. A
 7013  contract for construction funded by local funds may contain such
 7014  a provision.
 7015         (b) A contractor required to employ state residents must
 7016  contact Jobs Florida the Agency for Workforce Innovation to post
 7017  the contractor’s employment needs in the state’s job bank
 7018  system.
 7019         Section 120. Paragraph (b) of subsection (1) of section
 7020  259.035, Florida Statutes, is amended to read:
 7021         259.035 Acquisition and Restoration Council.—
 7022         (1) There is created the Acquisition and Restoration
 7023  Council.
 7024         (b) The four five remaining appointees shall be composed of
 7025  the Secretary of Environmental Protection, the director of the
 7026  Division of Forestry of the Department of Agriculture and
 7027  Consumer Services, the executive director of the Fish and
 7028  Wildlife Conservation Commission, and the director of the
 7029  Division of Historical Resources of the Department of State, and
 7030  the secretary of the Department of Community Affairs, or their
 7031  respective designees.
 7032         Section 121. Paragraph (d) of subsection (1) of section
 7033  260.0142, Florida Statutes, is amended to read:
 7034         260.0142 Florida Greenways and Trails Council; composition;
 7035  powers and duties.—
 7036         (1) There is created within the department the Florida
 7037  Greenways and Trails Council which shall advise the department
 7038  in the execution of the department’s powers and duties under
 7039  this chapter. The council shall be composed of 20 21 members,
 7040  consisting of:
 7041         (d) The 9 10 remaining members shall include:
 7042         1. The Secretary of Environmental Protection or a designee.
 7043         2. The executive director of the Fish and Wildlife
 7044  Conservation Commission or a designee.
 7045         3. The Secretary of Community Affairs or a designee.
 7046         3.4. The Secretary of Transportation or a designee.
 7047         4.5. The Director of the Division of Forestry of the
 7048  Department of Agriculture and Consumer Services or a designee.
 7049         5.6. The director of the Division of Historical Resources
 7050  of the Department of State or a designee.
 7051         6.7. A representative of the water management districts.
 7052  Membership on the council shall rotate among the five districts.
 7053  The districts shall determine the order of rotation.
 7054         7.8. A representative of a federal land management agency.
 7055  The Secretary of Environmental Protection shall identify the
 7056  appropriate federal agency and request designation of a
 7057  representative from the agency to serve on the council.
 7058         8.9. A representative of the regional planning councils to
 7059  be appointed by the Secretary of Environmental Protection in
 7060  consultation with the Secretary of Community Affairs. Membership
 7061  on the council shall rotate among the seven regional planning
 7062  councils. The regional planning councils shall determine the
 7063  order of rotation.
 7064         9.10. A representative of local governments to be appointed
 7065  by the Secretary of Environmental Protection in consultation
 7066  with the Secretary of Community Affairs. Membership shall
 7067  alternate between a county representative and a municipal
 7068  representative.
 7069         Section 122. Section 272.11, Florida Statutes, is amended
 7070  to read:
 7071         272.11 Capitol information center.—The Jobs Florida
 7072  Partnership, Inc., Florida Commission on Tourism shall
 7073  establish, maintain, and operate a Capitol information center
 7074  somewhere within the area of the Capitol Center and employ
 7075  personnel or enter into contracts to maintain same.
 7076         Section 123. Paragraph (a) of subsection (4) of section
 7077  282.34, Florida Statutes, is amended to read:
 7078         282.34 Statewide e-mail service.—A state e-mail system that
 7079  includes the delivery and support of e-mail, messaging, and
 7080  calendaring capabilities is established as an enterprise
 7081  information technology service as defined in s. 282.0041. The
 7082  service shall be designed to meet the needs of all executive
 7083  branch agencies. The primary goals of the service are to
 7084  minimize the state investment required to establish, operate,
 7085  and support the statewide service; reduce the cost of current e
 7086  mail operations and the number of duplicative e-mail systems;
 7087  and eliminate the need for each state agency to maintain its own
 7088  e-mail staff.
 7089         (4) All agencies must be completely migrated to the
 7090  statewide e-mail service as soon as financially and
 7091  operationally feasible, but no later than June 30, 2015.
 7092         (a) The following statewide e-mail service implementation
 7093  schedule is established for state agencies:
 7094         1. Phase 1.—The following agencies must be completely
 7095  migrated to the statewide e-mail system by June 30, 2012: the
 7096  Agency for Enterprise Information Technology; the Department of
 7097  Community Affairs, including the Division of Emergency
 7098  Management; the Department of Corrections; the Department of
 7099  Health; the Department of Highway Safety and Motor Vehicles; the
 7100  Department of Management Services, including the Division of
 7101  Administrative Hearings, the Division of Retirement, the
 7102  Commission on Human Relations, and the Public Employees
 7103  Relations Commission; the Southwood Shared Resource Center; and
 7104  the Department of Revenue.
 7105         2. Phase 2.—The following agencies must be completely
 7106  migrated to the statewide e-mail system by June 30, 2013: the
 7107  Department of Business and Professional Regulation; the
 7108  Department of Education, including the Board of Governors; the
 7109  Department of Environmental Protection; the Department of
 7110  Juvenile Justice; the Department of the Lottery; the Department
 7111  of State; the Department of Law Enforcement; the Department of
 7112  Veterans’ Affairs; the Judicial Administration Commission; the
 7113  Public Service Commission; and the Statewide Guardian Ad Litem
 7114  Office.
 7115         3. Phase 3.—The following agencies must be completely
 7116  migrated to the statewide e-mail system by June 30, 2014: the
 7117  Agency for Health Care Administration; the Agency for Workforce
 7118  Innovation; the Department of Financial Services, including the
 7119  Office of Financial Regulation and the Office of Insurance
 7120  Regulation; the Department of Agriculture and Consumer Services;
 7121  the Executive Office of the Governor, including the Office of
 7122  Emergency Management; the Department of Transportation; the Fish
 7123  and Wildlife Conservation Commission; the Agency for Persons
 7124  With Disabilities; the Northwood Shared Resource Center; and the
 7125  State Board of Administration.
 7126         4. Phase 4.—The following agencies must be completely
 7127  migrated to the statewide e-mail system by June 30, 2015: the
 7128  Department of Children and Family Services; the Department of
 7129  Citrus; the Department of Elderly Affairs; and the Department of
 7130  Legal Affairs.
 7131         Section 124. Paragraphs (a) and (d) of subsection (1) and
 7132  subsection (4) of section 282.709, Florida Statutes, are amended
 7133  to read:
 7134         282.709 State agency law enforcement radio system and
 7135  interoperability network.—
 7136         (1) The department may acquire and administer a statewide
 7137  radio communications system to serve law enforcement units of
 7138  state agencies, and to serve local law enforcement agencies
 7139  through mutual aid channels.
 7140         (a) The department shall, in conjunction with the
 7141  Department of Law Enforcement and the Office Division of
 7142  Emergency Management of the Department of Community Affairs,
 7143  establish policies, procedures, and standards to be incorporated
 7144  into a comprehensive management plan for the use and operation
 7145  of the statewide radio communications system.
 7146         (d) The department shall exercise its powers and duties
 7147  under this part to plan, manage, and administer the mutual aid
 7148  channels in the statewide radio communication system.
 7149         1. In implementing such powers and duties, the department
 7150  shall consult and act in conjunction with the Department of Law
 7151  Enforcement and the Office Division of Emergency Management of
 7152  the Department of Community Affairs, and shall manage and
 7153  administer the mutual aid channels in a manner that reasonably
 7154  addresses the needs and concerns of the involved law enforcement
 7155  agencies and emergency response agencies and entities.
 7156         2. The department may make the mutual aid channels
 7157  available to federal agencies, state agencies, and agencies of
 7158  the political subdivisions of the state for the purpose of
 7159  public safety and domestic security.
 7160         (4) The department may create and administer an
 7161  interoperability network to enable interoperability between
 7162  various radio communications technologies and to serve federal
 7163  agencies, state agencies, and agencies of political subdivisions
 7164  of the state for the purpose of public safety and domestic
 7165  security.
 7166         (a) The department shall, in conjunction with the
 7167  Department of Law Enforcement and the Office Division of
 7168  Emergency Management of the Department of Community Affairs,
 7169  exercise its powers and duties pursuant to this chapter to plan,
 7170  manage, and administer the interoperability network. The office
 7171  may:
 7172         1. Enter into mutual aid agreements among federal agencies,
 7173  state agencies, and political subdivisions of the state for the
 7174  use of the interoperability network.
 7175         2. Establish the cost of maintenance and operation of the
 7176  interoperability network and charge subscribing federal and
 7177  local law enforcement agencies for access and use of the
 7178  network. The department may not charge state law enforcement
 7179  agencies identified in paragraph (2)(a) to use the network.
 7180         3. In consultation with the Department of Law Enforcement
 7181  and the Office Division of Emergency Management of the
 7182  Department of Community Affairs, amend and enhance the statewide
 7183  radio communications system as necessary to implement the
 7184  interoperability network.
 7185         (b) The department, in consultation with the Joint Task
 7186  Force on State Agency Law Enforcement Communications, and in
 7187  conjunction with the Department of Law Enforcement and the
 7188  Office Division of Emergency Management of the Department of
 7189  Community Affairs, shall establish policies, procedures, and
 7190  standards to incorporate into a comprehensive management plan
 7191  for the use and operation of the interoperability network.
 7192         Section 125. Section 287.09431, Florida Statutes, is
 7193  amended to read:
 7194         287.09431 Statewide and interlocal agreement on
 7195  certification of business concerns for the status of minority
 7196  business enterprise.—The statewide and interlocal agreement on
 7197  certification of business concerns for the status of minority
 7198  business enterprise is hereby enacted and entered into with all
 7199  jurisdictions or organizations legally joining therein. If,
 7200  within 2 years from the date that the certification core
 7201  criteria are approved by the Department of Management Services
 7202  Department of Labor and Employment Security, the agreement
 7203  included herein is not executed by a majority of county and
 7204  municipal governing bodies that administer a minority business
 7205  assistance program on the effective date of this act, then the
 7206  Legislature shall review this agreement. It is the intent of the
 7207  Legislature that if the agreement is not executed by a majority
 7208  of the requisite governing bodies, then a statewide uniform
 7209  certification process should be adopted, and that said agreement
 7210  should be repealed and replaced by a mandatory state government
 7211  certification process.
 7212  
 7213                              ARTICLE I                            
 7214  
 7215         PURPOSE, FINDINGS, AND POLICY.—
 7216         (1) The parties to this agreement, desiring by common
 7217  action to establish a uniform certification process in order to
 7218  reduce the multiplicity of applications by business concerns to
 7219  state and local governmental programs for minority business
 7220  assistance, declare that it is the policy of each of them, on
 7221  the basis of cooperation with one another, to remedy social and
 7222  economic disadvantage suffered by certain groups, resulting in
 7223  their being historically underutilized in ownership and control
 7224  of commercial enterprises. Thus, the parties seek to address
 7225  this history by increasing the participation of the identified
 7226  groups in opportunities afforded by government procurement.
 7227         (2) The parties find that the State of Florida presently
 7228  certifies firms for participation in the minority business
 7229  assistance programs of the state. The parties find further that
 7230  some counties, municipalities, school boards, special districts,
 7231  and other divisions of local government require a separate, yet
 7232  similar, and in most cases redundant certification in order for
 7233  businesses to participate in the programs sponsored by each
 7234  government entity.
 7235         (3) The parties find further that this redundant
 7236  certification has proven to be unduly burdensome to the
 7237  minority-owned firms intended to benefit from the underlying
 7238  purchasing incentives.
 7239         (4) The parties agree that:
 7240         (a) They will facilitate integrity, stability, and
 7241  cooperation in the statewide and interlocal certification
 7242  process, and in other elements of programs established to assist
 7243  minority-owned businesses.
 7244         (b) They shall cooperate with agencies, organizations, and
 7245  associations interested in certification and other elements of
 7246  minority business assistance.
 7247         (c) It is the purpose of this agreement to provide for a
 7248  uniform process whereby the status of a business concern may be
 7249  determined in a singular review of the business information for
 7250  these purposes, in order to eliminate any undue expense, delay,
 7251  or confusion to the minority-owned businesses in seeking to
 7252  participate in the minority business assistance programs of
 7253  state and local jurisdictions.
 7254  
 7255                             ARTICLE II                            
 7256  
 7257         DEFINITIONS.—As used in this agreement and contracts made
 7258  pursuant to it, unless the context clearly requires otherwise:
 7259         (1) “Awarding organization” means any political subdivision
 7260  or organization authorized by law, ordinance, or agreement to
 7261  enter into contracts and for which the governing body has
 7262  entered into this agreement.
 7263         (2) “Department” means the Department of Management
 7264  Services Department of Labor and Employment Security.
 7265         (3) “Minority” means a person who is a lawful, permanent
 7266  resident of the state, having origins in one of the minority
 7267  groups as described and adopted by the Department of Management
 7268  Services Department of Labor and Employment Security, hereby
 7269  incorporated by reference.
 7270         (4) “Minority business enterprise” means any small business
 7271  concern as defined in subsection (6) that meets all of the
 7272  criteria described and adopted by the Department of Management
 7273  Services Department of Labor and Employment Security, hereby
 7274  incorporated by reference.
 7275         (5) “Participating state or local organization” means any
 7276  political subdivision of the state or organization designated by
 7277  such that elects to participate in the certification process
 7278  pursuant to this agreement, which has been approved according to
 7279  s. 287.0943(3) and has legally entered into this agreement.
 7280         (6) “Small business concern” means an independently owned
 7281  and operated business concern which is of a size and type as
 7282  described and adopted by vote related to this agreement of the
 7283  commission, hereby incorporated by reference.
 7284  
 7285                             ARTICLE III                           
 7286  
 7287         STATEWIDE AND INTERLOCAL CERTIFICATIONS.—
 7288         (1) All awarding organizations shall accept a certification
 7289  granted by any participating organization which has been
 7290  approved according to s. 287.0943(3) and has entered into this
 7291  agreement, as valid status of minority business enterprise.
 7292         (2) A participating organization shall certify a business
 7293  concern that meets the definition of minority business
 7294  enterprise in this agreement, in accordance with the duly
 7295  adopted eligibility criteria.
 7296         (3) All participating organizations shall issue notice of
 7297  certification decisions granting or denying certification to all
 7298  other participating organizations within 14 days of the
 7299  decision. Such notice may be made through electronic media.
 7300         (4) No certification will be granted without an onsite
 7301  visit to verify ownership and control of the prospective
 7302  minority business enterprise, unless verification can be
 7303  accomplished by other methods of adequate verification or
 7304  assessment of ownership and control.
 7305         (5) The certification of a minority business enterprise
 7306  pursuant to the terms of this agreement shall not be suspended,
 7307  revoked, or otherwise impaired except on any grounds which would
 7308  be sufficient for revocation or suspension of a certification in
 7309  the jurisdiction of the participating organization.
 7310         (6) The certification determination of a party may be
 7311  challenged by any other participating organization by the
 7312  issuance of a timely written notice by the challenging
 7313  organization to the certifying organization’s determination
 7314  within 10 days of receiving notice of the certification
 7315  decision, stating the grounds therefor.
 7316         (7) The sole accepted grounds for challenge shall be the
 7317  failure of the certifying organization to adhere to the adopted
 7318  criteria or the certifying organization’s rules or procedures,
 7319  or the perpetuation of a misrepresentation or fraud by the firm.
 7320         (8) The certifying organization shall reexamine its
 7321  certification determination and submit written notice to the
 7322  applicant and the challenging organization of its findings
 7323  within 30 days after the receipt of the notice of challenge.
 7324         (9) If the certification determination is affirmed, the
 7325  challenging agency may subsequently submit timely written notice
 7326  to the firm of its intent to revoke certification of the firm.
 7327  
 7328                             ARTICLE IV                            
 7329  
 7330         APPROVED AND ACCEPTED PROGRAMS.—Nothing in this agreement
 7331  shall be construed to repeal or otherwise modify any ordinance,
 7332  law, or regulation of a party relating to the existing minority
 7333  business assistance provisions and procedures by which minority
 7334  business enterprises participate therein.
 7335  
 7336                              ARTICLE V                            
 7337  
 7338         TERM.—The term of the agreement shall be 5 years, after
 7339  which it may be reexecuted by the parties.
 7340  
 7341                             ARTICLE VI                            
 7342  
 7343         AGREEMENT EVALUATION.—The designated state and local
 7344  officials may meet from time to time as a group to evaluate
 7345  progress under the agreement, to formulate recommendations for
 7346  changes, or to propose a new agreement.
 7347  
 7348                             ARTICLE VII                           
 7349  
 7350         OTHER ARRANGEMENTS.—Nothing in this agreement shall be
 7351  construed to prevent or inhibit other arrangements or practices
 7352  of any party in order to comply with federal law.
 7353  
 7354                            ARTICLE VIII                           
 7355  
 7356         EFFECT AND WITHDRAWAL.—
 7357         (1) This agreement shall become effective when properly
 7358  executed by a legal representative of the participating
 7359  organization, when enacted into the law of the state and after
 7360  an ordinance or other legislation is enacted into law by the
 7361  governing body of each participating organization. Thereafter it
 7362  shall become effective as to any participating organization upon
 7363  the enactment of this agreement by the governing body of that
 7364  organization.
 7365         (2) Any party may withdraw from this agreement by enacting
 7366  legislation repealing the same, but no such withdrawal shall
 7367  take effect until one year after the governing body of the
 7368  withdrawing party has given notice in writing of the withdrawal
 7369  to the other parties.
 7370         (3) No withdrawal shall relieve the withdrawing party of
 7371  any obligations imposed upon it by law.
 7372  
 7373                             ARTICLE IX                            
 7374  
 7375         FINANCIAL RESPONSIBILITY.—
 7376         (1) A participating organization shall not be financially
 7377  responsible or liable for the obligations of any other
 7378  participating organization related to this agreement.
 7379         (2) The provisions of this agreement shall constitute
 7380  neither a waiver of any governmental immunity under Florida law
 7381  nor a waiver of any defenses of the parties under Florida law.
 7382  The provisions of this agreement are solely for the benefit of
 7383  its executors and not intended to create or grant any rights,
 7384  contractual or otherwise, to any person or entity.
 7385  
 7386                              ARTICLE X                            
 7387  
 7388         VENUE AND GOVERNING LAW.—The obligations of the parties to
 7389  this agreement are performable only within the county where the
 7390  participating organization is located, and statewide for the
 7391  Office of Supplier Diversity, and venue for any legal action in
 7392  connection with this agreement shall lie, for any participating
 7393  organization except the Office of Supplier Diversity,
 7394  exclusively in the county where the participating organization
 7395  is located. This agreement shall be governed by and construed in
 7396  accordance with the laws and court decisions of the state.
 7397  
 7398                             ARTICLE XI                            
 7399  
 7400         CONSTRUCTION AND SEVERABILITY.—This agreement shall be
 7401  liberally construed so as to effectuate the purposes thereof.
 7402  The provisions of this agreement shall be severable and if any
 7403  phrase, clause, sentence, or provision of this agreement is
 7404  declared to be contrary to the State Constitution or the United
 7405  States Constitution, or the application thereof to any
 7406  government, agency, person, or circumstance is held invalid, the
 7407  validity of the remainder of this agreement and the
 7408  applicability thereof to any government, agency, person, or
 7409  circumstance shall not be affected thereby. If this agreement
 7410  shall be held contrary to the State Constitution, the agreement
 7411  shall remain in full force and effect as to all severable
 7412  matters.
 7413         Section 126. Paragraphs (h) and (o) of subsection (4) of
 7414  section 287.09451, Florida Statutes, are amended to read:
 7415         287.09451 Office of Supplier Diversity; powers, duties, and
 7416  functions.—
 7417         (4) The Office of Supplier Diversity shall have the
 7418  following powers, duties, and functions:
 7419         (h) To develop procedures to investigate complaints against
 7420  minority business enterprises or contractors alleged to violate
 7421  any provision related to this section or s. 287.0943, that may
 7422  include visits to worksites or business premises, and to refer
 7423  all information on businesses suspected of misrepresenting
 7424  minority status to the Department of Management Services for
 7425  investigation. When an investigation is completed and there is
 7426  reason to believe that a violation has occurred, the Department
 7427  of Labor and Employment Security shall refer the matter shall be
 7428  referred to the office of the Attorney General, Department of
 7429  Legal Affairs, for prosecution.
 7430         (o)1. To establish a system to record and measure the use
 7431  of certified minority business enterprises in state contracting.
 7432  This system shall maintain information and statistics on
 7433  certified minority business enterprise participation, awards,
 7434  dollar volume of expenditures and agency goals, and other
 7435  appropriate types of information to analyze progress in the
 7436  access of certified minority business enterprises to state
 7437  contracts and to monitor agency compliance with this section.
 7438  Such reporting must include, but is not limited to, the
 7439  identification of all subcontracts in state contracting by
 7440  dollar amount and by number of subcontracts and the
 7441  identification of the utilization of certified minority business
 7442  enterprises as prime contractors and subcontractors by dollar
 7443  amounts of contracts and subcontracts, number of contracts and
 7444  subcontracts, minority status, industry, and any conditions or
 7445  circumstances that significantly affected the performance of
 7446  subcontractors. Agencies shall report their compliance with the
 7447  requirements of this reporting system at least annually and at
 7448  the request of the office. All agencies shall cooperate with the
 7449  office in establishing this reporting system. Except in
 7450  construction contracting, all agencies shall review contracts
 7451  costing in excess of CATEGORY FOUR as defined in s. 287.017 to
 7452  determine if such contracts could be divided into smaller
 7453  contracts to be separately solicited and awarded, and shall,
 7454  when economical, offer such smaller contracts to encourage
 7455  minority participation.
 7456         2. To report agency compliance with the provisions of
 7457  subparagraph 1. for the preceding fiscal year to the Governor
 7458  and Cabinet, the President of the Senate, and the Speaker of the
 7459  House of Representatives, and the secretary of the Department of
 7460  Labor and Employment Security on or before February 1 of each
 7461  year. The report must contain, at a minimum, the following:
 7462         a. Total expenditures of each agency by industry.
 7463         b. The dollar amount and percentage of contracts awarded to
 7464  certified minority business enterprises by each state agency.
 7465         c. The dollar amount and percentage of contracts awarded
 7466  indirectly to certified minority business enterprises as
 7467  subcontractors by each state agency.
 7468         d. The total dollar amount and percentage of contracts
 7469  awarded to certified minority business enterprises, whether
 7470  directly or indirectly, as subcontractors.
 7471         e. A statement and assessment of good faith efforts taken
 7472  by each state agency.
 7473         f. A status report of agency compliance with subsection
 7474  (6), as determined by the Minority Business Enterprise Office.
 7475         Section 127. Subsections (1) and (5) of section 287.0947,
 7476  Florida Statutes, are amended to read:
 7477         287.0947 Florida Advisory Council on Small and Minority
 7478  Business Development; creation; membership; duties.—
 7479         (1) On or after October 1, 1996, The Secretary of
 7480  Management Services the Department of Labor and Employment
 7481  Security may create the Florida Advisory Council on Small and
 7482  Minority Business Development with the purpose of advising and
 7483  assisting the secretary in carrying out the secretary’s duties
 7484  with respect to minority businesses and economic and business
 7485  development. It is the intent of the Legislature that the
 7486  membership of such council include practitioners, laypersons,
 7487  financiers, and others with business development experience who
 7488  can provide invaluable insight and expertise for this state in
 7489  the diversification of its markets and networking of business
 7490  opportunities. The council shall initially consist of 19
 7491  persons, each of whom is or has been actively engaged in small
 7492  and minority business development, either in private industry,
 7493  in governmental service, or as a scholar of recognized
 7494  achievement in the study of such matters. Initially, the council
 7495  shall consist of members representing all regions of the state
 7496  and shall include at least one member from each group identified
 7497  within the definition of “minority person” in s. 288.703(3),
 7498  considering also gender and nationality subgroups, and shall
 7499  consist of the following:
 7500         (a) Four members consisting of representatives of local and
 7501  federal small and minority business assistance programs or
 7502  community development programs.
 7503         (b) Eight members composed of representatives of the
 7504  minority private business sector, including certified minority
 7505  business enterprises and minority supplier development councils,
 7506  among whom at least two shall be women and at least four shall
 7507  be minority persons.
 7508         (c) Two representatives of local government, one of whom
 7509  shall be a representative of a large local government, and one
 7510  of whom shall be a representative of a small local government.
 7511         (d) Two representatives from the banking and insurance
 7512  industry.
 7513         (e) Two members from the private business sector,
 7514  representing the construction and commodities industries.
 7515         (f) A member from the board of directors of the Jobs
 7516  Florida Partnership, Inc The chairperson of the Florida Black
 7517  Business Investment Board or the chairperson’s designee.
 7518  
 7519  A candidate for appointment may be considered if eligible to be
 7520  certified as an owner of a minority business enterprise, or if
 7521  otherwise qualified under the criteria above. Vacancies may be
 7522  filled by appointment of the secretary, in the manner of the
 7523  original appointment.
 7524         (5) The powers and duties of the council include, but are
 7525  not limited to: researching and reviewing the role of small and
 7526  minority businesses in the state’s economy; reviewing issues and
 7527  emerging topics relating to small and minority business economic
 7528  development; studying the ability of financial markets and
 7529  institutions to meet small business credit needs and determining
 7530  the impact of government demands on credit for small businesses;
 7531  assessing the implementation of s. 187.201(21) 187.201(22),
 7532  requiring a state economic development comprehensive plan, as it
 7533  relates to small and minority businesses; assessing the
 7534  reasonableness and effectiveness of efforts by any state agency
 7535  or by all state agencies collectively to assist minority
 7536  business enterprises; and advising the Governor, the secretary,
 7537  and the Legislature on matters relating to small and minority
 7538  business development which are of importance to the
 7539  international strategic planning and activities of this state.
 7540         Section 128. Section 288.012, Florida Statutes, is amended
 7541  to read:
 7542         288.012 State of Florida international foreign offices.—The
 7543  Legislature finds that the expansion of international trade and
 7544  tourism is vital to the overall health and growth of the economy
 7545  of this state. This expansion is hampered by the lack of
 7546  technical and business assistance, financial assistance, and
 7547  information services for businesses in this state. The
 7548  Legislature finds that these businesses could be assisted by
 7549  providing these services at State of Florida international
 7550  foreign offices. The Legislature further finds that the
 7551  accessibility and provision of services at these offices can be
 7552  enhanced through cooperative agreements or strategic alliances
 7553  between private businesses and state entities, local entities,
 7554  and international governmental foreign entities, and private
 7555  businesses.
 7556         (1) Jobs Florida The Office of Tourism, Trade, and Economic
 7557  Development is authorized to:
 7558         (a) Establish and operate offices in other foreign
 7559  countries for the purpose of promoting the trade and economic
 7560  development opportunities of the state, and promoting the
 7561  gathering of trade data information and research on trade
 7562  opportunities in specific countries.
 7563         (b) Enter into agreements with governmental and private
 7564  sector entities to establish and operate offices in other
 7565  foreign countries containing provisions which may be in conflict
 7566  with general laws of the state pertaining to the purchase of
 7567  office space, employment of personnel, and contracts for
 7568  services. When agreements pursuant to this section are made
 7569  which set compensation in foreign currency, such agreements
 7570  shall be subject to the requirements of s. 215.425, but the
 7571  purchase of foreign currency by Jobs Florida the Office of
 7572  Tourism, Trade, and Economic Development to meet such
 7573  obligations shall be subject only to s. 216.311.
 7574         (2) Each international foreign office shall have in place
 7575  an operational plan approved by the participating boards or
 7576  other governing authority, a copy of which shall be provided to
 7577  Jobs Florida the Office of Tourism, Trade, and Economic
 7578  Development. These operating plans shall be reviewed and updated
 7579  each fiscal year and shall include, at a minimum, the following:
 7580         (a) Specific policies and procedures encompassing the
 7581  entire scope of the operation and management of each office.
 7582         (b) A comprehensive, commercial strategic plan identifying
 7583  marketing opportunities and industry sector priorities for the
 7584  foreign country or area in which an international a foreign
 7585  office is located.
 7586         (c) Provisions for access to information for Florida
 7587  businesses through the Florida Trade Data Center. Each
 7588  international foreign office shall obtain and forward trade
 7589  leads and inquiries to the center on a regular basis.
 7590         (d) Identification of new and emerging market opportunities
 7591  for Florida businesses. Each international foreign office shall
 7592  provide the Florida Trade Data Center with a compilation of
 7593  foreign buyers and importers in industry sector priority areas
 7594  on an annual basis. In return, the Florida Trade Data Center
 7595  shall make available to each international foreign office, and
 7596  to the Jobs Florida Partnership Enterprise Florida, Inc., the
 7597  Florida Commission on Tourism, the Florida Ports Council, the
 7598  Department of State, the Department of Citrus, and the
 7599  Department of Agriculture and Consumer Services, trade industry,
 7600  commodity, and opportunity information. This information shall
 7601  be provided to such offices and entities either free of charge
 7602  or on a fee basis with fees set only to recover the costs of
 7603  providing the information.
 7604         (e) Provision of access for Florida businesses to the
 7605  services of the Florida Trade Data Center, international trade
 7606  assistance services provided by state and local entities,
 7607  seaport and airport information, and other services identified
 7608  by Jobs Florida the Office of Tourism, Trade, and Economic
 7609  Development.
 7610         (f) Qualitative and quantitative performance measures for
 7611  each office, including, but not limited to, the number of
 7612  businesses assisted, the number of trade leads and inquiries
 7613  generated, the number of international foreign buyers and
 7614  importers contacted, and the amount and type of marketing
 7615  conducted.
 7616         (3) By October 1 of each year, each international foreign
 7617  office shall submit to Jobs Florida the Office of Tourism,
 7618  Trade, and Economic Development a complete and detailed report
 7619  on its activities and accomplishments during the preceding
 7620  fiscal year. In a format provided by the Jobs Florida
 7621  Partnership Enterprise Florida, Inc., the report must set forth
 7622  information on:
 7623         (a) The number of Florida companies assisted.
 7624         (b) The number of inquiries received about investment
 7625  opportunities in this state.
 7626         (c) The number of trade leads generated.
 7627         (d) The number of investment projects announced.
 7628         (e) The estimated U.S. dollar value of sales confirmations.
 7629         (f) The number of representation agreements.
 7630         (g) The number of company consultations.
 7631         (h) Barriers or other issues affecting the effective
 7632  operation of the office.
 7633         (i) Changes in office operations which are planned for the
 7634  current fiscal year.
 7635         (j) Marketing activities conducted.
 7636         (k) Strategic alliances formed with organizations in the
 7637  country in which the office is located.
 7638         (l) Activities conducted with Florida’s other Florida
 7639  international foreign offices.
 7640         (m) Any other information that the office believes would
 7641  contribute to an understanding of its activities.
 7642         (4) Jobs Florida The Office of Tourism, Trade, and Economic
 7643  Development, in connection with the establishment, operation,
 7644  and management of any of its offices located in another a
 7645  foreign country, is exempt from the provisions of ss. 255.21,
 7646  255.25, and 255.254 relating to leasing of buildings; ss. 283.33
 7647  and 283.35 relating to bids for printing; ss. 287.001-287.20
 7648  relating to purchasing and motor vehicles; and ss. 282.003
 7649  282.0056 and 282.702-282.7101 relating to communications, and
 7650  from all statutory provisions relating to state employment.
 7651         (a) Jobs Florida The Office of Tourism, Trade, and Economic
 7652  Development may exercise such exemptions only upon prior
 7653  approval of the Governor.
 7654         (b) If approval for an exemption under this section is
 7655  granted as an integral part of a plan of operation for a
 7656  specified international foreign office, such action shall
 7657  constitute continuing authority for Jobs Florida the Office of
 7658  Tourism, Trade, and Economic Development to exercise the
 7659  exemption, but only in the context and upon the terms originally
 7660  granted. Any modification of the approved plan of operation with
 7661  respect to an exemption contained therein must be resubmitted to
 7662  the Governor for his or her approval. An approval granted to
 7663  exercise an exemption in any other context shall be restricted
 7664  to the specific instance for which the exemption is to be
 7665  exercised.
 7666         (c) As used in this subsection, the term “plan of
 7667  operation” means the plan developed pursuant to subsection (2).
 7668         (d) Upon final action by the Governor with respect to a
 7669  request to exercise the exemption authorized in this subsection,
 7670  Jobs Florida the Office of Tourism, Trade, and Economic
 7671  Development shall report such action, along with the original
 7672  request and any modifications thereto, to the President of the
 7673  Senate and the Speaker of the House of Representatives within 30
 7674  days.
 7675         (5) Where feasible and appropriate, international and
 7676  subject to s. 288.1224(9), foreign offices established and
 7677  operated under this section may provide one-stop access to the
 7678  economic development, trade, and tourism information, services,
 7679  and programs of the state. Where feasible and appropriate, and
 7680  subject to s. 288.1224(9), such offices may also be collocated
 7681  with other international foreign offices of the state.
 7682         (6) Jobs Florida The Office of Tourism, Trade, and Economic
 7683  Development is authorized to make and to enter into contracts
 7684  with the Jobs Florida Partnership Enterprise Florida, Inc., and
 7685  the Florida Commission on Tourism to carry out the provisions of
 7686  this section. The authority, duties, and exemptions provided in
 7687  this section apply to the Jobs Florida Partnership Enterprise
 7688  Florida, Inc., and the Florida Commission on Tourism to the same
 7689  degree and subject to the same conditions as applied to Jobs
 7690  Florida the Office of Tourism, Trade, and Economic Development.
 7691  To the greatest extent possible, such contracts shall include
 7692  provisions for cooperative agreements or strategic alliances
 7693  between private businesses and state entities, international,
 7694  foreign entities, and local governmental entities, and private
 7695  businesses to operate international foreign offices.
 7696         Section 129. Subsections (1) and (3) of section 288.017,
 7697  Florida Statutes, are amended to read:
 7698         288.017 Cooperative advertising matching grants program.—
 7699         (1) The Florida Commission on Tourism is authorized to
 7700  establish a cooperative advertising matching grants program and,
 7701  pursuant thereto, to make expenditures and enter into contracts
 7702  with local governments and nonprofit corporations for the
 7703  purpose of publicizing the tourism advantages of the state. Jobs
 7704  Florida The Office of Tourism, Trade, and Economic Development,
 7705  based on recommendations from the Florida Commission on Tourism,
 7706  shall have final approval of grants awarded through this
 7707  program. The commission may contract with its direct-support
 7708  organization to administer the program.
 7709         (3) The Florida Commission on Tourism shall conduct an
 7710  annual competitive selection process for the award of grants
 7711  under the program. In determining its recommendations for the
 7712  grant awards, the commission shall consider the demonstrated
 7713  need of the applicant for advertising assistance, the
 7714  feasibility and projected benefit of the applicant’s proposal,
 7715  the amount of nonstate funds that will be leveraged, and such
 7716  other criteria as the commission deems appropriate. In
 7717  evaluating grant applications, Jobs Florida the Office shall
 7718  consider recommendations from the Florida Commission on Tourism.
 7719  Jobs Florida the Office, however, has final approval authority
 7720  for any grant under this section.
 7721         Section 130. Section 288.018, Florida Statutes, is amended
 7722  to read:
 7723         288.018 Regional Rural Development Grants Program.—
 7724         (1) Jobs Florida The Office of Tourism, Trade, and Economic
 7725  Development shall establish a matching grant program to provide
 7726  funding to regionally based economic development organizations
 7727  representing rural counties and communities for the purpose of
 7728  building the professional capacity of their organizations. Such
 7729  matching grants may also be used by an economic development
 7730  organization to provide technical assistance to businesses
 7731  within the rural counties and communities that it serves. Jobs
 7732  Florida The Office of Tourism, Trade, and Economic Development
 7733  is authorized to approve, on an annual basis, grants to such
 7734  regionally based economic development organizations. The maximum
 7735  amount an organization may receive in any year will be $35,000,
 7736  or $100,000 in a rural area of critical economic concern
 7737  recommended by the Rural Economic Development Initiative and
 7738  designated by the Governor, and must be matched each year by an
 7739  equivalent amount of nonstate resources.
 7740         (2) In approving the participants, Jobs Florida the Office
 7741  of Tourism, Trade, and Economic Development shall consider the
 7742  demonstrated need of the applicant for assistance and require
 7743  the following:
 7744         (a) Documentation of official commitments of support from
 7745  each of the units of local government represented by the
 7746  regional organization.
 7747         (b) Demonstration that each unit of local government has
 7748  made a financial or in-kind commitment to the regional
 7749  organization.
 7750         (c) Demonstration that the private sector has made
 7751  financial or in-kind commitments to the regional organization.
 7752         (d) Demonstration that the organization is in existence and
 7753  actively involved in economic development activities serving the
 7754  region.
 7755         (e) Demonstration of the manner in which the organization
 7756  is or will coordinate its efforts with those of other local and
 7757  state organizations.
 7758         (3) Jobs Florida The Office of Tourism, Trade, and Economic
 7759  Development may also contract for the development of an
 7760  enterprise zone web portal or websites for each enterprise zone
 7761  which will be used to market the program for job creation in
 7762  disadvantaged urban and rural enterprise zones. Each enterprise
 7763  zone web page should include downloadable links to state forms
 7764  and information, as well as local message boards that help
 7765  businesses and residents receive information concerning zone
 7766  boundaries, job openings, zone programs, and neighborhood
 7767  improvement activities.
 7768         (4) Jobs Florida The Office of Tourism, Trade, and Economic
 7769  Development may expend up to $750,000 each fiscal year from
 7770  funds appropriated to the Rural Community Development Revolving
 7771  Loan Fund for the purposes outlined in this section. Jobs
 7772  Florida The Office of Tourism, Trade, and Economic Development
 7773  may contract with the Jobs Florida Partnership Enterprise
 7774  Florida, Inc., for the administration of the purposes specified
 7775  in this section. Funds released to the Jobs Florida Partnership
 7776  Enterprise Florida, Inc., for this purpose shall be released
 7777  quarterly and shall be calculated based on the applications in
 7778  process.
 7779         Section 131. Subsection (4) of section 288.019, Florida
 7780  Statutes, is amended to read:
 7781         288.019 Rural considerations in grant review and evaluation
 7782  processes.—Notwithstanding any other law, and to the fullest
 7783  extent possible, the member agencies and organizations of the
 7784  Rural Economic Development Initiative (REDI) as defined in s.
 7785  288.0656(6)(a) shall review all grant and loan application
 7786  evaluation criteria to ensure the fullest access for rural
 7787  counties as defined in s. 288.0656(2) to resources available
 7788  throughout the state.
 7789         (4) For existing programs, the modified evaluation criteria
 7790  and scoring procedure must be delivered to Jobs Florida the
 7791  Office of Tourism, Trade, and Economic Development for
 7792  distribution to the REDI agencies and organizations. The REDI
 7793  agencies and organizations shall review and make comments.
 7794  Future rules, programs, evaluation criteria, and scoring
 7795  processes must be brought before a REDI meeting for review,
 7796  discussion, and recommendation to allow rural counties fuller
 7797  access to the state’s resources.
 7798         Section 132. Subsection (1) of section 288.021, Florida
 7799  Statutes, is amended to read:
 7800         288.021 Economic development liaison.—
 7801         (1) The heads of the Department of Transportation, the
 7802  Department of Environmental Protection and an additional member
 7803  appointed by the secretary of the department, the Department of
 7804  Labor and Employment Security, the Department of Education, the
 7805  Department of Community Affairs, the Department of Management
 7806  Services, the Department of Revenue, the Fish and Wildlife
 7807  Conservation Commission, each water management district, and
 7808  each Department of Transportation District office shall
 7809  designate a high-level staff member from within such agency to
 7810  serve as the economic development liaison for the agency. This
 7811  person shall report to the agency head and have general
 7812  knowledge both of the state’s permitting and other regulatory
 7813  functions and of the state’s economic goals, policies, and
 7814  programs. This person shall also be the primary point of contact
 7815  for the agency with Jobs Florida the Office of Tourism, Trade,
 7816  and Economic Development on issues and projects important to the
 7817  economic development of Florida, including its rural areas, to
 7818  expedite project review, to ensure a prompt, effective response
 7819  to problems arising with regard to permitting and regulatory
 7820  functions, and to work closely with the other economic
 7821  development liaisons to resolve interagency conflicts.
 7822         Section 133. Subsection (1) of section 288.035, Florida
 7823  Statutes, is amended to read:
 7824         288.035 Economic development activities.—
 7825         (1) The Florida Public Service Commission may authorize
 7826  public utilities to recover reasonable economic development
 7827  expenses. For purposes of this section, recoverable “economic
 7828  development expenses” are those expenses described in subsection
 7829  (2) which are consistent with criteria to be established by
 7830  rules adopted by Jobs Florida the Department of Commerce as of
 7831  June 30, 1996, or as those criteria are later modified by the
 7832  Office of Tourism, Trade, and Economic Development.
 7833         Section 134. Section 288.047, Florida Statutes, is amended
 7834  to read:
 7835         288.047 Quick-response training for economic development.—
 7836         (1) The Quick-Response Training Program is created within
 7837  Jobs Florida to meet the workforce-skill needs of existing, new,
 7838  and expanding industries. The program shall be administered in
 7839  conjunction with by Workforce Florida, Inc., the Jobs Florida
 7840  Partnership in conjunction with Enterprise Florida, Inc., and
 7841  the Department of Education. Workforce Florida, Inc., shall
 7842  adopt guidelines for the administration of this program.
 7843  Workforce Florida, Inc., shall provide technical services and
 7844  shall help identify businesses that seek services through the
 7845  program. Workforce Florida, Inc., may contract with Enterprise
 7846  Florida, Inc., or administer this program directly, if it is
 7847  determined that such an arrangement maximizes the amount of the
 7848  Quick Response grant going to direct services.
 7849         (2) Jobs Florida Workforce Florida, Inc., shall ensure that
 7850  instruction funded pursuant to this section is not available
 7851  through the local community college or school district and that
 7852  the instruction promotes economic development by providing
 7853  specialized training to new workers or retraining for current
 7854  employees to meet changing skill requirements caused by new
 7855  technology or new product lines and to prevent potential
 7856  layoffs. Such funds may not be expended to provide training for
 7857  instruction related to retail businesses or to reimburse
 7858  businesses for trainee wages. Funds made available pursuant to
 7859  this section may not be expended in connection with the
 7860  relocation of a business from one community to another community
 7861  in this state unless Jobs Florida Workforce Florida, Inc.,
 7862  determines that without such relocation the business will move
 7863  outside this state or determines that the business has a
 7864  compelling economic rationale for the relocation which creates
 7865  additional jobs.
 7866         (3) Requests for funding through the Quick-Response
 7867  Training Program may be produced through inquiries from a
 7868  specific business or industry, inquiries from a school district
 7869  director of career education or community college occupational
 7870  dean on behalf of a business or industry, or through official
 7871  state or local economic development efforts. In allocating funds
 7872  for the purposes of the program, Jobs Florida Workforce Florida,
 7873  Inc., shall establish criteria for approval of requests for
 7874  funding and shall select the entity that provides the most
 7875  efficient, cost-effective instruction meeting such criteria.
 7876  Program funds may be allocated to any career center, community
 7877  college, or state university. Program funds may be allocated to
 7878  private postsecondary institutions only upon a review that
 7879  includes, but is not limited to, accreditation and licensure
 7880  documentation and prior approval by Jobs Florida Workforce
 7881  Florida, Inc. Instruction funded through the program must
 7882  terminate when participants demonstrate competence at the level
 7883  specified in the request; however, the grant term may not exceed
 7884  24 months. Costs and expenditures for the Quick-Response
 7885  Training Program must be documented and separated from those
 7886  incurred by the training provider.
 7887         (4) For the first 6 months of each fiscal year, Jobs
 7888  Florida Workforce Florida, Inc., shall set aside 30 percent of
 7889  the amount appropriated for the Quick-Response Training Program
 7890  by the Legislature to fund instructional programs for businesses
 7891  located in an enterprise zone or brownfield area. Any
 7892  unencumbered funds remaining undisbursed from this set-aside at
 7893  the end of the 6-month period may be used to provide funding for
 7894  any program qualifying for funding pursuant to this section.
 7895         (5) Before Prior to the allocation of funds for any request
 7896  pursuant to this section, Jobs Florida Workforce Florida, Inc.,
 7897  shall prepare a grant agreement between the business or industry
 7898  requesting funds, the educational institution receiving funding
 7899  through the program, and Jobs Florida Workforce Florida, Inc.
 7900  Such agreement must include, but is not limited to:
 7901         (a) An identification of the personnel necessary to conduct
 7902  the instructional program, the qualifications of such personnel,
 7903  and the respective responsibilities of the parties for paying
 7904  costs associated with the employment of such personnel.
 7905         (b) An identification of the estimated length of the
 7906  instructional program.
 7907         (c) An identification of all direct, training-related
 7908  costs, including tuition and fees, curriculum development, books
 7909  and classroom materials, and overhead or indirect costs, not to
 7910  exceed 5 percent of the grant amount.
 7911         (d) An identification of special program requirements that
 7912  are not addressed otherwise in the agreement.
 7913         (e) Permission to access information specific to the wages
 7914  and performance of participants upon the completion of
 7915  instruction for evaluation purposes. Information which, if
 7916  released, would disclose the identity of the person to whom the
 7917  information pertains or disclose the identity of the person’s
 7918  employer is confidential and exempt from the provisions of s.
 7919  119.07(1). The agreement must specify that any evaluations
 7920  published subsequent to the instruction may not identify the
 7921  employer or any individual participant.
 7922         (6) For the purposes of this section, Jobs Florida
 7923  Workforce Florida, Inc., may accept grants of money, materials,
 7924  services, or property of any kind from any agency, corporation,
 7925  or individual.
 7926         (7) In providing instruction pursuant to this section,
 7927  materials that relate to methods of manufacture or production,
 7928  potential trade secrets, business transactions, or proprietary
 7929  information received, produced, ascertained, or discovered by
 7930  employees of the respective departments, district school boards,
 7931  community college district boards of trustees, or other
 7932  personnel employed for the purposes of this section is
 7933  confidential and exempt from the provisions of s. 119.07(1). The
 7934  state may seek copyright protection for all instructional
 7935  materials and ancillary written documents developed wholly or
 7936  partially with state funds as a result of instruction provided
 7937  pursuant to this section, except for materials that are
 7938  confidential and exempt from the provisions of s. 119.07(1).
 7939         (8) There is created a Quick-Response Training Program for
 7940  participants in the welfare transition program. Workforce
 7941  Florida, Inc., in conjunction with Jobs Florida, may award
 7942  quick-response training grants and develop applicable guidelines
 7943  for the training of participants in the welfare transition
 7944  program. In addition to a local economic development
 7945  organization, grants must be endorsed by the applicable regional
 7946  workforce board.
 7947         (a) Training funded pursuant to this subsection may not
 7948  exceed 12 months, and may be provided by the local community
 7949  college, school district, regional workforce board, or the
 7950  business employing the participant, including on-the-job
 7951  training. Training will provide entry-level skills to new
 7952  workers, including those employed in retail, who are
 7953  participants in the welfare transition program.
 7954         (b) Participants trained pursuant to this subsection must
 7955  be employed at a wage not less than $6 per hour.
 7956         (c) Funds made available pursuant to this subsection may be
 7957  expended in connection with the relocation of a business from
 7958  one community to another community if approved by Workforce
 7959  Florida, Inc.
 7960         (9) Notwithstanding any other provision of law, eligible
 7961  matching contributions received under the Quick-Response
 7962  Training Program under this section may be counted toward the
 7963  private sector support of Enterprise Florida, Inc., under s.
 7964  288.90151(5)(d).
 7965         (9)(10)Jobs Florida Workforce Florida, Inc., and
 7966  Enterprise Florida, Inc., shall ensure maximum coordination and
 7967  cooperation in administering this section, in such a manner that
 7968  any division of responsibility between the two organizations
 7969  which relates to marketing or administering the Quick-Response
 7970  Training Program is not apparent to a business that inquires
 7971  about or applies for funding under this section. The
 7972  organizations shall provide such A business shall be provided
 7973  with a single point of contact for information and assistance.
 7974         Section 135. Subsections (1), (2), and (3) of section
 7975  288.065, Florida Statutes, are amended to read:
 7976         288.065 Rural Community Development Revolving Loan Fund.—
 7977         (1) The Rural Community Development Revolving Loan Fund
 7978  Program is established within Jobs Florida in the Office of
 7979  Tourism, Trade, and Economic Development to facilitate the use
 7980  of existing federal, state, and local financial resources by
 7981  providing local governments with financial assistance to further
 7982  promote the economic viability of rural communities. These funds
 7983  may be used to finance initiatives directed toward maintaining
 7984  or developing the economic base of rural communities, especially
 7985  initiatives addressing employment opportunities for residents of
 7986  these communities.
 7987         (2)(a) The program shall provide for long-term loans, loan
 7988  guarantees, and loan loss reserves to units of local
 7989  governments, or economic development organizations substantially
 7990  underwritten by a unit of local government, within counties with
 7991  populations of 75,000 or fewer, or within any county with a
 7992  population of 125,000 or fewer which is contiguous to a county
 7993  with a population of 75,000 or fewer, based on the most recent
 7994  official population estimate as determined under s. 186.901,
 7995  including those residing in incorporated areas and those
 7996  residing in unincorporated areas of the county, or to units of
 7997  local government, or economic development organizations
 7998  substantially underwritten by a unit of local government, within
 7999  a rural area of critical economic concern.
 8000         (b) Requests for loans shall be made by application to Jobs
 8001  Florida the Office of Tourism, Trade, and Economic Development.
 8002  Loans shall be made pursuant to agreements specifying the terms
 8003  and conditions agreed to between the applicant and Jobs Florida
 8004  the Office of Tourism, Trade, and Economic Development. The
 8005  loans shall be the legal obligations of the applicant.
 8006         (c) All repayments of principal and interest shall be
 8007  returned to the loan fund and made available for loans to other
 8008  applicants. However, in a rural area of critical economic
 8009  concern designated by the Governor, and upon approval by Jobs
 8010  Florida the Office of Tourism, Trade, and Economic Development,
 8011  repayments of principal and interest may be retained by the
 8012  applicant if such repayments are dedicated and matched to fund
 8013  regionally based economic development organizations representing
 8014  the rural area of critical economic concern.
 8015         (3) Jobs Florida The Office of Tourism, Trade, and Economic
 8016  Development shall manage the fund, establishing loan practices
 8017  that must include, but are not limited to, procedures for
 8018  establishing loan interest rates, uses of funding, application
 8019  procedures, and application review procedures. Jobs Florida The
 8020  Office of Tourism, Trade, and Economic Development shall have
 8021  final approval authority for any loan under this section.
 8022         Section 136. Subsections (1), (2), (3), and (4) of section
 8023  288.0655, Florida Statutes, are amended to read:
 8024         288.0655 Rural Infrastructure Fund.—
 8025         (1) There is created within Jobs Florida the Office of
 8026  Tourism, Trade, and Economic Development the Rural
 8027  Infrastructure Fund to facilitate the planning, preparing, and
 8028  financing of infrastructure projects in rural communities which
 8029  will encourage job creation, capital investment, and the
 8030  strengthening and diversification of rural economies by
 8031  promoting tourism, trade, and economic development.
 8032         (2)(a) Funds appropriated by the Legislature shall be
 8033  distributed by Jobs Florida the Office through grant programs
 8034  that maximize the use of federal, local, and private resources,
 8035  including, but not limited to, those available under the Small
 8036  Cities Community Development Block Grant Program.
 8037         (b) To facilitate access of rural communities and rural
 8038  areas of critical economic concern as defined by the Rural
 8039  Economic Development Initiative to infrastructure funding
 8040  programs of the Federal Government, such as those offered by the
 8041  United States Department of Agriculture and the United States
 8042  Department of Commerce, and state programs, including those
 8043  offered by Rural Economic Development Initiative agencies, and
 8044  to facilitate local government or private infrastructure funding
 8045  efforts, Jobs Florida the Office may award grants for up to 30
 8046  percent of the total infrastructure project cost. If an
 8047  application for funding is for a catalyst site, as defined in s.
 8048  288.0656, Jobs Florida the Office may award grants for up to 40
 8049  percent of the total infrastructure project cost. Eligible
 8050  projects must be related to specific job-creation or job
 8051  retention opportunities. Eligible projects may also include
 8052  improving any inadequate infrastructure that has resulted in
 8053  regulatory action that prohibits economic or community growth or
 8054  reducing the costs to community users of proposed infrastructure
 8055  improvements that exceed such costs in comparable communities.
 8056  Eligible uses of funds shall include improvements to public
 8057  infrastructure for industrial or commercial sites and upgrades
 8058  to or development of public tourism infrastructure. Authorized
 8059  infrastructure may include the following public or public
 8060  private partnership facilities: storm water systems;
 8061  telecommunications facilities; broadband facilities; roads or
 8062  other remedies to transportation impediments; nature-based
 8063  tourism facilities; or other physical requirements necessary to
 8064  facilitate tourism, trade, and economic development activities
 8065  in the community. Authorized infrastructure may also include
 8066  publicly or privately owned self-powered nature-based tourism
 8067  facilities, publicly owned telecommunications facilities, and
 8068  broadband facilities, and additions to the distribution
 8069  facilities of the existing natural gas utility as defined in s.
 8070  366.04(3)(c), the existing electric utility as defined in s.
 8071  366.02, or the existing water or wastewater utility as defined
 8072  in s. 367.021(12), or any other existing water or wastewater
 8073  facility, which owns a gas or electric distribution system or a
 8074  water or wastewater system in this state where:
 8075         1. A contribution-in-aid of construction is required to
 8076  serve public or public-private partnership facilities under the
 8077  tariffs of any natural gas, electric, water, or wastewater
 8078  utility as defined herein; and
 8079         2. Such utilities as defined herein are willing and able to
 8080  provide such service.
 8081         (c) To facilitate timely response and induce the location
 8082  or expansion of specific job creating opportunities, Jobs
 8083  Florida the Office may award grants for infrastructure
 8084  feasibility studies, design and engineering activities, or other
 8085  infrastructure planning and preparation activities. Authorized
 8086  grants shall be up to $50,000 for an employment project with a
 8087  business committed to create at least 100 jobs;, up to $150,000
 8088  for an employment project with a business committed to create at
 8089  least 300 jobs;, and up to $300,000 for a project in a rural
 8090  area of critical economic concern. Grants awarded under this
 8091  paragraph may be used in conjunction with grants awarded under
 8092  paragraph (b), provided that the total amount of both grants
 8093  does not exceed 30 percent of the total project cost. In
 8094  evaluating applications under this paragraph, Jobs Florida the
 8095  Office shall consider the extent to which the application seeks
 8096  to minimize administrative and consultant expenses.
 8097         (d) Jobs Florida By September 1, 1999, the Office shall
 8098  participate in pursue execution of a memorandum of agreement
 8099  with the United States Department of Agriculture under which
 8100  state funds available through the Rural Infrastructure Fund may
 8101  be advanced, in excess of the prescribed state share, for a
 8102  project that has received from the department a preliminary
 8103  determination of eligibility for federal financial support.
 8104  State funds in excess of the prescribed state share which are
 8105  advanced pursuant to this paragraph and the memorandum of
 8106  agreement shall be reimbursed when funds are awarded under an
 8107  application for federal funding.
 8108         (e) To enable local governments to access the resources
 8109  available pursuant to s. 403.973(18), Jobs Florida the Office
 8110  may award grants for surveys, feasibility studies, and other
 8111  activities related to the identification and preclearance review
 8112  of land which is suitable for preclearance review. Authorized
 8113  grants under this paragraph shall not exceed $75,000 each,
 8114  except in the case of a project in a rural area of critical
 8115  economic concern, in which case the grant shall not exceed
 8116  $300,000. Any funds awarded under this paragraph must be matched
 8117  at a level of 50 percent with local funds, except that any funds
 8118  awarded for a project in a rural area of critical economic
 8119  concern must be matched at a level of 33 percent with local
 8120  funds. If an application for funding is for a catalyst site, as
 8121  defined in s. 288.0656, the requirement for local match may be
 8122  waived pursuant to the process in s. 288.06561. In evaluating
 8123  applications under this paragraph, Jobs Florida the office shall
 8124  consider the extent to which the application seeks to minimize
 8125  administrative and consultant expenses.
 8126         (3) Jobs Florida the office, in consultation with the Jobs
 8127  Florida Partnership Enterprise Florida, Inc., VISIT Florida, the
 8128  Department of Environmental Protection, and the Florida Fish and
 8129  Wildlife Conservation Commission, as appropriate, shall review
 8130  and certify applications pursuant to s. 288.061. The review
 8131  shall include an evaluation of the economic benefit of the
 8132  projects and their long-term viability. Jobs Florida The office
 8133  shall have final approval for any grant under this section.
 8134         (4) By September 1, 2011 1999, Jobs Florida the office
 8135  shall, in consultation with the organizations listed in
 8136  subsection (3), and other organizations, reevaluate existing
 8137  develop guidelines and criteria governing submission of
 8138  applications for funding, review and evaluation of such
 8139  applications, and approval of funding under this section. Jobs
 8140  Florida The office shall consider factors including, but not
 8141  limited to, the project’s potential for enhanced job creation or
 8142  increased capital investment, the demonstration and level of
 8143  local public and private commitment, whether the project is
 8144  located location of the project in an enterprise zone, the
 8145  location of the project in a community development corporation
 8146  service area, or in an urban high-crime area as the location of
 8147  the project in a county designated under s. 212.097, the
 8148  unemployment rate of the county in which the project would be
 8149  located surrounding area, and the poverty rate of the community.
 8150         Section 137. Paragraph (b) of subsection (1), paragraphs
 8151  (b) and (e) of subsection (2), paragraph (a) of subsection (6),
 8152  and subsection (7) of section 288.0656, Florida Statutes, are
 8153  amended to read:
 8154         288.0656 Rural Economic Development Initiative.—
 8155         (1)(b) The Rural Economic Development Initiative, known as
 8156  “REDI,” is created within Jobs Florida the Office of Tourism,
 8157  Trade, and Economic Development, and the participation of state
 8158  and regional agencies in this initiative is authorized.
 8159         (2) As used in this section, the term:
 8160         (b) “Catalyst site” means a parcel or parcels of land
 8161  within a rural area of critical economic concern that has been
 8162  prioritized as a geographic site for economic development
 8163  through partnerships with state, regional, and local
 8164  organizations. The site must be reviewed by REDI and approved by
 8165  Jobs Florida the Office of Tourism, Trade, and Economic
 8166  Development for the purposes of locating a catalyst project.
 8167         (e) “Rural community” means:
 8168         1. A county with a population of 75,000 or fewer.
 8169         2. A county with a population of 125,000 or fewer which is
 8170  contiguous to a county with a population of 75,000 or fewer.
 8171         3. A municipality within a county described in subparagraph
 8172  1. or subparagraph 2.
 8173         4. An unincorporated federal enterprise community or an
 8174  incorporated rural city with a population of 25,000 or fewer and
 8175  an employment base focused on traditional agricultural or
 8176  resource-based industries, located in a county not defined as
 8177  rural, which has at least three or more of the economic distress
 8178  factors identified in paragraph (c) and verified by Jobs Florida
 8179  the Office of Tourism, Trade, and Economic Development.
 8180  
 8181  For purposes of this paragraph, population shall be determined
 8182  in accordance with the most recent official estimate pursuant to
 8183  s. 186.901.
 8184         (6)(a) By August 1 of each year, the head of each of the
 8185  following agencies and organizations shall designate a deputy
 8186  secretary or higher-level staff person from within the agency or
 8187  organization to serve as the REDI representative for the agency
 8188  or organization:
 8189         1. The Department of Community Affairs.
 8190         1.2. The Department of Transportation.
 8191         2.3. The Department of Environmental Protection.
 8192         3.4. The Department of Agriculture and Consumer Services.
 8193         4.5. The Department of State.
 8194         5.6. The Department of Health.
 8195         6.7. The Department of Children and Family Services.
 8196         7.8. The Department of Corrections.
 8197         9.The Agency for Workforce Innovation.
 8198         8.10. The Department of Education.
 8199         9.11. The Department of Juvenile Justice.
 8200         10.12. The Fish and Wildlife Conservation Commission.
 8201         11.13. Each water management district.
 8202         12.14.The Jobs Florida Partnership Enterprise Florida,
 8203  Inc.
 8204         13.15. Workforce Florida, Inc.
 8205         16. The Florida Commission on Tourism or VISIT Florida.
 8206         14.17. The Florida Regional Planning Council Association.
 8207         15.18. The Agency for Health Care Administration.
 8208         16.19. The Institute of Food and Agricultural Sciences
 8209  (IFAS).
 8210  
 8211  An alternate for each designee shall also be chosen, and the
 8212  names of the designees and alternates shall be sent to the
 8213  director of Jobs Florida the Office of Tourism, Trade, and
 8214  Economic Development.
 8215         (7)(a) REDI may recommend to the Governor up to three rural
 8216  areas of critical economic concern. The Governor may by
 8217  executive order designate up to three rural areas of critical
 8218  economic concern which will establish these areas as priority
 8219  assignments for REDI as well as to allow the Governor, acting
 8220  through REDI, to waive criteria, requirements, or similar
 8221  provisions of any economic development incentive. Such
 8222  incentives shall include, but not be limited to: the Qualified
 8223  Target Industry Tax Refund Program under s. 288.106, the Quick
 8224  Response Training Program under s. 288.047, the Quick Response
 8225  Training Program for participants in the welfare transition
 8226  program under s. 288.047(8), transportation projects under s.
 8227  288.063, the brownfield redevelopment bonus refund under s.
 8228  288.107, and the rural job tax credit program under ss. 212.098
 8229  and 220.1895.
 8230         (b) Designation as a rural area of critical economic
 8231  concern under this subsection shall be contingent upon the
 8232  execution of a memorandum of agreement among Jobs Florida the
 8233  Office of Tourism, Trade, and Economic Development; the
 8234  governing body of the county; and the governing bodies of any
 8235  municipalities to be included within a rural area of critical
 8236  economic concern. Such agreement shall specify the terms and
 8237  conditions of the designation, including, but not limited to,
 8238  the duties and responsibilities of the county and any
 8239  participating municipalities to take actions designed to
 8240  facilitate the retention and expansion of existing businesses in
 8241  the area, as well as the recruitment of new businesses to the
 8242  area.
 8243         (c) Each rural area of critical economic concern may
 8244  designate catalyst projects, provided that each catalyst project
 8245  is specifically recommended by REDI, identified as a catalyst
 8246  project by the Jobs Florida Partnership Enterprise Florida,
 8247  Inc., and confirmed as a catalyst project by Jobs Florida the
 8248  Office of Tourism, Trade, and Economic Development. All state
 8249  agencies and departments shall use all available tools and
 8250  resources to the extent permissible by law to promote the
 8251  creation and development of each catalyst project and the
 8252  development of catalyst sites.
 8253         Section 138. Subsections (2) and (3) of section 288.06561,
 8254  Florida Statutes, are amended to read:
 8255         288.06561 Reduction or waiver of financial match
 8256  requirements.—Notwithstanding any other law, the member agencies
 8257  and organizations of the Rural Economic Development Initiative
 8258  (REDI), as defined in s. 288.0656(6)(a), shall review the
 8259  financial match requirements for projects in rural areas as
 8260  defined in s. 288.0656(2).
 8261         (2) Agencies and organizations shall ensure that all
 8262  proposals are submitted to Jobs Florida the Office of Tourism,
 8263  Trade, and Economic Development for review by the REDI agencies.
 8264         (3) These proposals shall be delivered to Jobs Florida the
 8265  Office of Tourism, Trade, and Economic Development for
 8266  distribution to the REDI agencies and organizations. A meeting
 8267  of REDI agencies and organizations must be called within 30 days
 8268  after receipt of such proposals for REDI comment and
 8269  recommendations on each proposal.
 8270         Section 139. Subsections (2) and (4) of section 288.0657,
 8271  Florida Statutes, are amended to read:
 8272         288.0657 Florida rural economic development strategy
 8273  grants.—
 8274         (2) Jobs Florida The Office of Tourism, Trade, and Economic
 8275  Development may accept and administer moneys appropriated to
 8276  Jobs Florida the office for providing grants to assist rural
 8277  communities to develop and implement strategic economic
 8278  development plans.
 8279         (4) Jobs Florida Enterprise Florida, Inc., and VISIT
 8280  Florida, shall establish criteria for reviewing grant
 8281  applications. These criteria shall include, but are not limited
 8282  to, the degree of participation and commitment by the local
 8283  community and the application’s consistency with local
 8284  comprehensive plans or the application’s proposal to ensure such
 8285  consistency. Jobs Florida The International Trade and Economic
 8286  Development Board of Enterprise Florida, Inc., and VISIT
 8287  Florida, shall review each application for a grant and shall
 8288  submit annually to the Office for approval a list of all
 8289  applications that are recommended by the board and VISIT
 8290  Florida, arranged in order of priority. Jobs Florida The office
 8291  may approve grants only to the extent that funds are
 8292  appropriated for such grants by the Legislature.
 8293         Section 140. Section 288.0658, Florida Statutes, is amended
 8294  to read:
 8295         288.0658 Nature-based recreation; promotion and other
 8296  assistance by Fish and Wildlife Conservation Commission.—The
 8297  Florida Fish and Wildlife Conservation Commission is directed to
 8298  assist the Jobs Florida Partnership, Inc. Florida Commission on
 8299  Tourism; the Florida Tourism Industry Marketing Corporation,
 8300  doing business as VISIT Florida; convention and visitor bureaus;
 8301  tourist development councils; economic development
 8302  organizations; and local governments through the provision of
 8303  marketing advice, technical expertise, promotional support, and
 8304  product development related to nature-based recreation and
 8305  sustainable use of natural resources. In carrying out this
 8306  responsibility, the Florida Fish and Wildlife Conservation
 8307  Commission shall focus its efforts on fostering nature-based
 8308  recreation in rural communities and regions encompassing rural
 8309  communities. As used in this section, the term “nature-based
 8310  recreation” means leisure activities related to the state’s
 8311  lands, waters, and fish and wildlife resources, including, but
 8312  not limited to, wildlife viewing, fishing, hiking, canoeing,
 8313  kayaking, camping, hunting, backpacking, and nature photography.
 8314         Section 141. Section 288.0659, Florida Statutes, is amended
 8315  to read:
 8316         288.0659 Local Government Distressed Area Matching Grant
 8317  Program.—
 8318         (1) The Local Government Distressed Area Matching Grant
 8319  Program is created within Jobs Florida the Office of Tourism,
 8320  Trade, and Economic Development. The purpose of the program is
 8321  to stimulate investment in the state’s economy by providing
 8322  grants to match demonstrated business assistance by local
 8323  governments to attract and retain businesses in this state.
 8324         (2) As used in this section, the term:
 8325         (a) “Local government” means a county or municipality.
 8326         (b) “Office” means the Office of Tourism, Trade, and
 8327  Economic Development.
 8328         (b)(c) “Qualified business assistance” means economic
 8329  incentives provided by a local government for the purpose of
 8330  attracting or retaining a specific business, including, but not
 8331  limited to, suspensions, waivers, or reductions of impact fees
 8332  or permit fees; direct incentive payments; expenditures for
 8333  onsite or offsite improvements directly benefiting a specific
 8334  business; or construction or renovation of buildings for a
 8335  specific business.
 8336         (3) Jobs Florida The Office may accept and administer
 8337  moneys appropriated by the Legislature to the Office for
 8338  providing grants to match expenditures by local governments to
 8339  attract or retain businesses in this state.
 8340         (4) A local government may apply for grants to match
 8341  qualified business assistance made by the local government for
 8342  the purpose of attracting or retaining a specific business. A
 8343  local government may apply for no more than one grant per
 8344  targeted business. A local government may only have one
 8345  application pending with Jobs Florida the Office. Additional
 8346  applications may be filed after a previous application has been
 8347  approved or denied.
 8348         (5) To qualify for a grant, the business being targeted by
 8349  a local government must create at least 15 full-time jobs, must
 8350  be new to this state, must be expanding its operations in this
 8351  state, or would otherwise leave the state absent state and local
 8352  assistance, and the local government applying for the grant must
 8353  expedite its permitting processes for the target business by
 8354  accelerating the normal review and approval timelines. In
 8355  addition to these requirements, Jobs Florida the office shall
 8356  review the grant requests using the following evaluation
 8357  criteria, with priority given in descending order:
 8358         (a) The presence and degree of pervasive poverty,
 8359  unemployment, and general distress as determined pursuant to s.
 8360  290.0058 in the area where the business will locate, with
 8361  priority given to locations with greater degrees of poverty,
 8362  unemployment, and general distress.
 8363         (b) The extent of reliance on the local government
 8364  expenditure as an inducement for the business’s location
 8365  decision, with priority given to higher levels of local
 8366  government expenditure.
 8367         (c) The number of new full-time jobs created, with priority
 8368  given to higher numbers of jobs created.
 8369         (d) The average hourly wage for jobs created, with priority
 8370  given to higher average wages.
 8371         (e) The amount of capital investment to be made by the
 8372  business, with priority given to higher amounts of capital
 8373  investment.
 8374         (6) In evaluating grant requests, Jobs Florida the Office
 8375  shall take into consideration the need for grant assistance as
 8376  it relates to the local government’s general fund balance as
 8377  well as local incentive programs that are already in existence.
 8378         (7) Funds made available pursuant to this section may not
 8379  be expended in connection with the relocation of a business from
 8380  one community to another community in this state unless Jobs
 8381  Florida the Office determines that without such relocation the
 8382  business will move outside this state or determines that the
 8383  business has a compelling economic rationale for the relocation
 8384  which creates additional jobs. Funds made available pursuant to
 8385  this section may not be used by the receiving local government
 8386  to supplant matching commitments required of the local
 8387  government pursuant to other state or federal incentive
 8388  programs.
 8389         (8) Within 30 days after Jobs Florida the Office receives
 8390  an application for a grant, Jobs Florida the Office shall
 8391  approve a preliminary grant allocation or disapprove the
 8392  application. The preliminary grant allocation shall be based on
 8393  estimates of qualified business assistance submitted by the
 8394  local government and shall equal 50 percent of the amount of the
 8395  estimated qualified business assistance or $50,000, whichever is
 8396  less. The preliminary grant allocation shall be executed by
 8397  contract with the local government. The contract shall set forth
 8398  the terms and conditions, including the timeframes within which
 8399  the final grant award will be disbursed. The final grant award
 8400  may not exceed the preliminary grant allocation. Jobs Florida
 8401  the Office may approve preliminary grant allocations only to the
 8402  extent that funds are appropriated for such grants by the
 8403  Legislature.
 8404         (a) Preliminary grant allocations that are revoked or
 8405  voluntarily surrendered shall be immediately available for
 8406  reallocation.
 8407         (b) Recipients of preliminary grant allocations shall
 8408  promptly report to Jobs Florida the Office the date on which the
 8409  local government’s permitting and approval process is completed
 8410  and the date on which all qualified business assistance is
 8411  completed.
 8412         (9) Jobs Florida the Office shall make a final grant award
 8413  to a local government within 30 days after receiving information
 8414  from the local government sufficient to demonstrate actual
 8415  qualified business assistance. An awarded grant amount shall
 8416  equal 50 percent of the amount of the qualified business
 8417  assistance or $50,000, whichever is less, and may not exceed the
 8418  preliminary grant allocation. The amount by which a preliminary
 8419  grant allocation exceeds a final grant award shall be
 8420  immediately available for reallocation.
 8421         (10) Up to 2 percent of the funds appropriated annually by
 8422  the Legislature for the program may be used by Jobs Florida the
 8423  Office for direct administrative costs associated with
 8424  implementing this section.
 8425         Section 142. Paragraph (a) of subsection (1) of section
 8426  288.075, Florida Statutes, is amended to read:
 8427         288.075 Confidentiality of records.—
 8428         (1) DEFINITIONS.—As used in this section, the term:
 8429         (a) “Economic development agency” means:
 8430         1. Jobs Florida The Office of Tourism, Trade, and Economic
 8431  Development;
 8432         2. Any industrial development authority created in
 8433  accordance with part III of chapter 159 or by special law;
 8434         3. Space Florida created in part II of chapter 331;
 8435         4. The public economic development agency of a county or
 8436  municipality or, if the county or municipality does not have a
 8437  public economic development agency, the county or municipal
 8438  officers or employees assigned the duty to promote the general
 8439  business interests or industrial interests of that county or
 8440  municipality or the responsibilities related thereto;
 8441         5. Any research and development authority created in
 8442  accordance with part V of chapter 159; or
 8443         6. Any private agency, person, partnership, corporation, or
 8444  business entity when authorized by the state, a municipality, or
 8445  a county to promote the general business interests or industrial
 8446  interests of the state or that municipality or county.
 8447         Section 143. Paragraphs (c), (h), (p), and (r) of
 8448  subsection (1), paragraphs (a), (d), (e), (f), (h) of subsection
 8449  (2), subsections (3) and (4), paragraphs (a), (d), (e), and (g)
 8450  of subsection (5), paragraphs (a), (b), and (c) of subsection
 8451  (6), and subsections (7) and (8) of section 288.1045, Florida
 8452  Statutes, are amended, and present paragraphs (i) through (u) of
 8453  subsection (1) are redesignated as paragraphs (h) through (s),
 8454  respectively, to read:
 8455         288.1045 Qualified defense contractor and space flight
 8456  business tax refund program.—
 8457         (1) DEFINITIONS.—As used in this section:
 8458         (c) “Business unit” means an employing unit, as defined in
 8459  s. 443.036, that is registered with Jobs Florida the Agency for
 8460  Workforce Innovation for unemployment compensation purposes or
 8461  means a subcategory or division of an employing unit that is
 8462  accepted by Jobs Florida the Agency for Workforce Innovation as
 8463  a reporting unit.
 8464         (h) “Director” means the director of the Office of Tourism,
 8465  Trade, and Economic Development.
 8466         (p) “Office” means the Office of Tourism, Trade, and
 8467  Economic Development.
 8468         (p)(r) “Qualified applicant” means an applicant that has
 8469  been approved by Jobs Florida the director to be eligible for
 8470  tax refunds pursuant to this section.
 8471         (2) GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.—
 8472         (a) There shall be allowed, from the Economic Development
 8473  Trust Fund, a refund to a qualified applicant for the amount of
 8474  eligible taxes certified by Jobs Florida the director which were
 8475  paid by such qualified applicant. The total amount of refunds
 8476  for all fiscal years for each qualified applicant shall be
 8477  determined pursuant to subsection (3). The annual amount of a
 8478  refund to a qualified applicant shall be determined pursuant to
 8479  subsection (5).
 8480         (d) Contingent upon an annual appropriation by the
 8481  Legislature, Jobs Florida the director may approve not more in
 8482  tax refunds than the amount appropriated to the Economic
 8483  Development Trust Fund for tax refunds, for a fiscal year
 8484  pursuant to subsection (5) and s. 288.095.
 8485         (e) For the first 6 months of each fiscal year, Jobs
 8486  Florida the director shall set aside 30 percent of the amount
 8487  appropriated for refunds pursuant to this section by the
 8488  Legislature to provide tax refunds only to qualified applicants
 8489  who employ 500 or fewer full-time employees in this state. Any
 8490  unencumbered funds remaining undisbursed from this set-aside at
 8491  the end of the 6-month period may be used to provide tax refunds
 8492  for any qualified applicants pursuant to this section.
 8493         (f) After entering into a tax refund agreement pursuant to
 8494  subsection (4), a qualified applicant may:
 8495         1. Receive refunds from the account for corporate income
 8496  taxes due and paid pursuant to chapter 220 by that business
 8497  beginning with the first taxable year of the business which
 8498  begins after entering into the agreement.
 8499         2. Receive refunds from the account for the following taxes
 8500  due and paid by that business after entering into the agreement:
 8501         a. Taxes on sales, use, and other transactions paid
 8502  pursuant to chapter 212.
 8503         b. Intangible personal property taxes paid pursuant to
 8504  chapter 199.
 8505         c. Emergency excise taxes paid pursuant to chapter 221.
 8506         d. Excise taxes paid on documents pursuant to chapter 201.
 8507         e. Ad valorem taxes paid, as defined in s. 220.03(1)(a) on
 8508  June 1, 1996.
 8509         f. State communications services taxes administered under
 8510  chapter 202. This provision does not apply to the gross receipts
 8511  tax imposed under chapter 203 and administered under chapter 202
 8512  or the local communications services tax authorized under s.
 8513  202.19.
 8514  
 8515  However, a qualified applicant may not receive a tax refund
 8516  pursuant to this section for any amount of credit, refund, or
 8517  exemption granted such contractor for any of such taxes. If a
 8518  refund for such taxes is provided by Jobs Florida the Office,
 8519  which taxes are subsequently adjusted by the application of any
 8520  credit, refund, or exemption granted to the qualified applicant
 8521  other than that provided in this section, the qualified
 8522  applicant shall reimburse the Economic Development Trust Fund
 8523  for the amount of such credit, refund, or exemption. A qualified
 8524  applicant must notify and tender payment to the office within 20
 8525  days after receiving a credit, refund, or exemption, other than
 8526  that provided in this section. The addition of communications
 8527  services taxes administered under chapter 202 is remedial in
 8528  nature and retroactive to October 1, 2001. The Office may make
 8529  supplemental tax refund payments to allow for tax refunds for
 8530  communications services taxes paid by an eligible qualified
 8531  defense contractor after October 1, 2001.
 8532         (h) Funds made available pursuant to this section may not
 8533  be expended in connection with the relocation of a business from
 8534  one community to another community in this state unless Jobs
 8535  Florida the Office of Tourism, Trade, and Economic Development
 8536  determines that without such relocation the business will move
 8537  outside this state or determines that the business has a
 8538  compelling economic rationale for the relocation which creates
 8539  additional jobs.
 8540         (3) APPLICATION PROCESS; REQUIREMENTS; AGENCY
 8541  DETERMINATION.—
 8542         (a) To apply for certification as a qualified applicant
 8543  pursuant to this section, an applicant must file an application
 8544  with Jobs Florida the Office which satisfies the requirements of
 8545  paragraphs (b) and (e), paragraphs (c) and (e), paragraphs (d)
 8546  and (e), or paragraphs (e) and (j). An applicant may not apply
 8547  for certification pursuant to this section after a proposal has
 8548  been submitted for a new Department of Defense contract, after
 8549  the applicant has made the decision to consolidate an existing
 8550  Department of Defense contract in this state for which such
 8551  applicant is seeking certification, after a proposal has been
 8552  submitted for a new space flight business contract in this
 8553  state, after the applicant has made the decision to consolidate
 8554  an existing space flight business contract in this state for
 8555  which such applicant is seeking certification, or after the
 8556  applicant has made the decision to convert defense production
 8557  jobs to nondefense production jobs for which such applicant is
 8558  seeking certification.
 8559         (b) Applications for certification based on the
 8560  consolidation of a Department of Defense contract or a new
 8561  Department of Defense contract must be submitted to Jobs Florida
 8562  the Office as prescribed by Jobs Florida the Office and must
 8563  include, but are not limited to, the following information:
 8564         1. The applicant’s federal employer identification number,
 8565  the applicant’s Florida sales tax registration number, and a
 8566  signature of an officer of the applicant.
 8567         2. The permanent location of the manufacturing, assembling,
 8568  fabricating, research, development, or design facility in this
 8569  state at which the project is or is to be located.
 8570         3. The Department of Defense contract numbers of the
 8571  contract to be consolidated, the new Department of Defense
 8572  contract number, or the “RFP” number of a proposed Department of
 8573  Defense contract.
 8574         4. The date the contract was executed or is expected to be
 8575  executed, and the date the contract is due to expire or is
 8576  expected to expire.
 8577         5. The commencement date for project operations under the
 8578  contract in this state.
 8579         6. The number of net new full-time equivalent Florida jobs
 8580  included in the project as of December 31 of each year and the
 8581  average wage of such jobs.
 8582         7. The total number of full-time equivalent employees
 8583  employed by the applicant in this state.
 8584         8. The percentage of the applicant’s gross receipts derived
 8585  from Department of Defense contracts during the 5 taxable years
 8586  immediately preceding the date the application is submitted.
 8587         9. The number of full-time equivalent jobs in this state to
 8588  be retained by the project.
 8589         10. A brief statement concerning the applicant’s need for
 8590  tax refunds, and the proposed uses of such refunds by the
 8591  applicant.
 8592         11. A resolution adopted by the governing board of the
 8593  county or municipality in which the project will be located,
 8594  which recommends the applicant be approved as a qualified
 8595  applicant, and which indicates that the necessary commitments of
 8596  local financial support for the applicant exist. Prior to the
 8597  adoption of the resolution, the county commission may review the
 8598  proposed public or private sources of such support and determine
 8599  whether the proposed sources of local financial support can be
 8600  provided or, for any applicant whose project is located in a
 8601  county designated by the Rural Economic Development Initiative,
 8602  a resolution adopted by the county commissioners of such county
 8603  requesting that the applicant’s project be exempt from the local
 8604  financial support requirement.
 8605         12. Any additional information requested by Jobs Florida
 8606  the Office.
 8607         (c) Applications for certification based on the conversion
 8608  of defense production jobs to nondefense production jobs must be
 8609  submitted to Jobs Florida the Office as prescribed by Jobs
 8610  Florida the Office and must include, but are not limited to, the
 8611  following information:
 8612         1. The applicant’s federal employer identification number,
 8613  the applicant’s Florida sales tax registration number, and a
 8614  signature of an officer of the applicant.
 8615         2. The permanent location of the manufacturing, assembling,
 8616  fabricating, research, development, or design facility in this
 8617  state at which the project is or is to be located.
 8618         3. The Department of Defense contract numbers of the
 8619  contract under which the defense production jobs will be
 8620  converted to nondefense production jobs.
 8621         4. The date the contract was executed, and the date the
 8622  contract is due to expire or is expected to expire, or was
 8623  canceled.
 8624         5. The commencement date for the nondefense production
 8625  operations in this state.
 8626         6. The number of net new full-time equivalent Florida jobs
 8627  included in the nondefense production project as of December 31
 8628  of each year and the average wage of such jobs.
 8629         7. The total number of full-time equivalent employees
 8630  employed by the applicant in this state.
 8631         8. The percentage of the applicant’s gross receipts derived
 8632  from Department of Defense contracts during the 5 taxable years
 8633  immediately preceding the date the application is submitted.
 8634         9. The number of full-time equivalent jobs in this state to
 8635  be retained by the project.
 8636         10. A brief statement concerning the applicant’s need for
 8637  tax refunds, and the proposed uses of such refunds by the
 8638  applicant.
 8639         11. A resolution adopted by the governing board of the
 8640  county or municipality in which the project will be located,
 8641  which recommends the applicant be approved as a qualified
 8642  applicant, and which indicates that the necessary commitments of
 8643  local financial support for the applicant exist. Prior to the
 8644  adoption of the resolution, the county commission may review the
 8645  proposed public or private sources of such support and determine
 8646  whether the proposed sources of local financial support can be
 8647  provided or, for any applicant whose project is located in a
 8648  county designated by the Rural Economic Development Initiative,
 8649  a resolution adopted by the county commissioners of such county
 8650  requesting that the applicant’s project be exempt from the local
 8651  financial support requirement.
 8652         12. Any additional information requested by Jobs Florida
 8653  the Office.
 8654         (d) Applications for certification based on a contract for
 8655  reuse of a defense-related facility must be submitted to Jobs
 8656  Florida the Office as prescribed by Jobs Florida the office and
 8657  must include, but are not limited to, the following information:
 8658         1. The applicant’s Florida sales tax registration number
 8659  and a signature of an officer of the applicant.
 8660         2. The permanent location of the manufacturing, assembling,
 8661  fabricating, research, development, or design facility in this
 8662  state at which the project is or is to be located.
 8663         3. The business entity holding a valid Department of
 8664  Defense contract or branch of the Armed Forces of the United
 8665  States that previously occupied the facility, and the date such
 8666  entity last occupied the facility.
 8667         4. A copy of the contract to reuse the facility, or such
 8668  alternative proof as may be prescribed by Jobs Florida the
 8669  office that the applicant is seeking to contract for the reuse
 8670  of such facility.
 8671         5. The date the contract to reuse the facility was executed
 8672  or is expected to be executed, and the date the contract is due
 8673  to expire or is expected to expire.
 8674         6. The commencement date for project operations under the
 8675  contract in this state.
 8676         7. The number of net new full-time equivalent Florida jobs
 8677  included in the project as of December 31 of each year and the
 8678  average wage of such jobs.
 8679         8. The total number of full-time equivalent employees
 8680  employed by the applicant in this state.
 8681         9. The number of full-time equivalent jobs in this state to
 8682  be retained by the project.
 8683         10. A brief statement concerning the applicant’s need for
 8684  tax refunds, and the proposed uses of such refunds by the
 8685  applicant.
 8686         11. A resolution adopted by the governing board of the
 8687  county or municipality in which the project will be located,
 8688  which recommends the applicant be approved as a qualified
 8689  applicant, and which indicates that the necessary commitments of
 8690  local financial support for the applicant exist. Prior to the
 8691  adoption of the resolution, the county commission may review the
 8692  proposed public or private sources of such support and determine
 8693  whether the proposed sources of local financial support can be
 8694  provided or, for any applicant whose project is located in a
 8695  county designated by the Rural Economic Development Initiative,
 8696  a resolution adopted by the county commissioners of such county
 8697  requesting that the applicant’s project be exempt from the local
 8698  financial support requirement.
 8699         12. Any additional information requested by Jobs Florida
 8700  the Office.
 8701         (e) To qualify for review by Jobs Florida the Office, the
 8702  application of an applicant must, at a minimum, establish the
 8703  following to the satisfaction of the office:
 8704         1. The jobs proposed to be provided under the application,
 8705  pursuant to subparagraph (b)6., subparagraph (c)6., or
 8706  subparagraph (j)6., must pay an estimated annual average wage
 8707  equaling at least 115 percent of the average wage in the area
 8708  where the project is to be located.
 8709         2. The consolidation of a Department of Defense contract
 8710  must result in a net increase of at least 25 percent in the
 8711  number of jobs at the applicant’s facilities in this state or
 8712  the addition of at least 80 jobs at the applicant’s facilities
 8713  in this state.
 8714         3. The conversion of defense production jobs to nondefense
 8715  production jobs must result in net increases in nondefense
 8716  employment at the applicant’s facilities in this state.
 8717         4. The Department of Defense contract or the space flight
 8718  business contract cannot allow the business to include the costs
 8719  of relocation or retooling in its base as allowable costs under
 8720  a cost-plus, or similar, contract.
 8721         5. A business unit of the applicant must have derived not
 8722  less than 60 percent of its gross receipts in this state from
 8723  Department of Defense contracts or space flight business
 8724  contracts over the applicant’s last fiscal year, and must have
 8725  derived not less than an average of 60 percent of its gross
 8726  receipts in this state from Department of Defense contracts or
 8727  space flight business contracts over the 5 years preceding the
 8728  date an application is submitted pursuant to this section. This
 8729  subparagraph does not apply to any application for certification
 8730  based on a contract for reuse of a defense-related facility.
 8731         6. The reuse of a defense-related facility must result in
 8732  the creation of at least 100 jobs at such facility.
 8733         7. A new space flight business contract or the
 8734  consolidation of a space flight business contract must result in
 8735  net increases in space flight business employment at the
 8736  applicant’s facilities in this state.
 8737         (f) Each application meeting the requirements of paragraphs
 8738  (b) and (e), paragraphs (c) and (e), paragraphs (d) and (e), or
 8739  paragraphs (e) and (j) must be submitted to Jobs Florida the
 8740  office for a determination of eligibility. Jobs Florida the
 8741  Office shall review and evaluate each application based on, but
 8742  not limited to, the following criteria:
 8743         1. Expected contributions to the state strategic economic
 8744  development plan adopted by the Jobs Florida Partnership
 8745  Enterprise Florida, Inc., taking into account the extent to
 8746  which the project contributes to the state’s high-technology
 8747  base, and the long-term impact of the project and the applicant
 8748  on the state’s economy.
 8749         2. The economic benefit of the jobs created or retained by
 8750  the project in this state, taking into account the cost and
 8751  average wage of each job created or retained, and the potential
 8752  risk to existing jobs.
 8753         3. The amount of capital investment to be made by the
 8754  applicant in this state.
 8755         4. The local commitment and support for the project and
 8756  applicant.
 8757         5. The impact of the project on the local community, taking
 8758  into account the unemployment rate for the county where the
 8759  project will be located.
 8760         6. The dependence of the local community on the defense
 8761  industry or space flight business.
 8762         7. The impact of any tax refunds granted pursuant to this
 8763  section on the viability of the project and the probability that
 8764  the project will occur in this state if such tax refunds are
 8765  granted to the applicant, taking into account the expected long
 8766  term commitment of the applicant to economic growth and
 8767  employment in this state.
 8768         8. The length of the project, or the expected long-term
 8769  commitment to this state resulting from the project.
 8770         (g) Applications shall be reviewed and certified pursuant
 8771  to s. 288.061. If appropriate, Jobs Florida the director shall
 8772  enter into a written agreement with the qualified applicant
 8773  pursuant to subsection (4).
 8774         (h) Jobs Florida The director may not certify any applicant
 8775  as a qualified applicant when the value of tax refunds to be
 8776  included in that letter of certification exceeds the available
 8777  amount of authority to certify new businesses as determined in
 8778  s. 288.095(3). A letter of certification that approves an
 8779  application must specify the maximum amount of a tax refund that
 8780  is to be available to the contractor for each fiscal year and
 8781  the total amount of tax refunds for all fiscal years.
 8782         (i) This section does not create a presumption that an
 8783  applicant should receive any tax refunds under this section.
 8784         (j) Applications for certification based upon a new space
 8785  flight business contract or the consolidation of a space flight
 8786  business contract must be submitted to Jobs Florida the office
 8787  as prescribed by Jobs Florida the office and must include, but
 8788  are not limited to, the following information:
 8789         1. The applicant’s federal employer identification number,
 8790  the applicant’s Florida sales tax registration number, and a
 8791  signature of an officer of the applicant.
 8792         2. The permanent location of the space flight business
 8793  facility in this state where the project is or will be located.
 8794         3. The new space flight business contract number, the space
 8795  flight business contract numbers of the contract to be
 8796  consolidated, or the request-for-proposal number of a proposed
 8797  space flight business contract.
 8798         4. The date the contract was executed and the date the
 8799  contract is due to expire, is expected to expire, or was
 8800  canceled.
 8801         5. The commencement date for project operations under the
 8802  contract in this state.
 8803         6. The number of net new full-time equivalent Florida jobs
 8804  included in the project as of December 31 of each year and the
 8805  average wage of such jobs.
 8806         7. The total number of full-time equivalent employees
 8807  employed by the applicant in this state.
 8808         8. The percentage of the applicant’s gross receipts derived
 8809  from space flight business contracts during the 5 taxable years
 8810  immediately preceding the date the application is submitted.
 8811         9. The number of full-time equivalent jobs in this state to
 8812  be retained by the project.
 8813         10. A brief statement concerning the applicant’s need for
 8814  tax refunds and the proposed uses of such refunds by the
 8815  applicant.
 8816         11. A resolution adopted by the governing board of the
 8817  county or municipality in which the project will be located
 8818  which recommends the applicant be approved as a qualified
 8819  applicant and indicates that the necessary commitments of local
 8820  financial support for the applicant exist. Prior to the adoption
 8821  of the resolution, the county commission may review the proposed
 8822  public or private sources of such support and determine whether
 8823  the proposed sources of local financial support can be provided
 8824  or, for any applicant whose project is located in a county
 8825  designated by the Rural Economic Development Initiative, a
 8826  resolution adopted by the county commissioners of such county
 8827  requesting that the applicant’s project be exempt from the local
 8828  financial support requirement.
 8829         12. Any additional information requested by Jobs Florida
 8830  the office.
 8831         (4) QUALIFIED APPLICANT TAX REFUND AGREEMENT.—
 8832         (a) A qualified applicant shall enter into a written
 8833  agreement with Jobs Florida the Office containing, but not
 8834  limited to, the following:
 8835         1. The total number of full-time equivalent jobs in this
 8836  state that are or will be dedicated to the qualified applicant’s
 8837  project, the average wage of such jobs, the definitions that
 8838  will apply for measuring the achievement of these terms during
 8839  the pendency of the agreement, and a time schedule or plan for
 8840  when such jobs will be in place and active in this state.
 8841         2. The maximum amount of a refund that the qualified
 8842  applicant is eligible to receive for each fiscal year, based on
 8843  the job creation or retention and maintenance schedule specified
 8844  in subparagraph 1.
 8845         3. An agreement with Jobs Florida the Office allowing Jobs
 8846  Florida the Office to review and verify the financial and
 8847  personnel records of the qualified applicant to ascertain
 8848  whether the qualified applicant is complying with the
 8849  requirements of this section.
 8850         4. The date by which, in each fiscal year, the qualified
 8851  applicant may file a claim pursuant to subsection (5) to be
 8852  considered to receive a tax refund in the following fiscal year.
 8853         5. That local financial support shall be annually available
 8854  and will be paid to the Economic Development Trust Fund.
 8855         (b) Compliance with the terms and conditions of the
 8856  agreement is a condition precedent for receipt of tax refunds
 8857  each year. The failure to comply with the terms and conditions
 8858  of the agreement shall result in the loss of eligibility for
 8859  receipt of all tax refunds previously authorized pursuant to
 8860  this section, and the revocation of the certification as a
 8861  qualified applicant by Jobs Florida the director, unless the
 8862  qualified applicant is eligible to receive and elects to accept
 8863  a prorated refund under paragraph (5)(g) or Jobs Florida the
 8864  Office grants the qualified applicant an economic-stimulus
 8865  exemption.
 8866         1. A qualified applicant may submit, in writing, a request
 8867  to Jobs Florida the Office for an economic-stimulus exemption.
 8868  The request must provide quantitative evidence demonstrating how
 8869  negative economic conditions in the qualified applicant’s
 8870  industry, the effects of the impact of a named hurricane or
 8871  tropical storm, or specific acts of terrorism affecting the
 8872  qualified applicant have prevented the qualified applicant from
 8873  complying with the terms and conditions of its tax refund
 8874  agreement.
 8875         2. Upon receipt of a request under subparagraph 1., Jobs
 8876  Florida the director shall have 45 days to notify the requesting
 8877  qualified applicant, in writing, if its exemption has been
 8878  granted or denied. In determining if an exemption should be
 8879  granted, Jobs Florida the director shall consider the extent to
 8880  which negative economic conditions in the requesting qualified
 8881  applicant’s industry, the effects of the impact of a named
 8882  hurricane or tropical storm, or specific acts of terrorism
 8883  affecting the qualified applicant have prevented the qualified
 8884  applicant from complying with the terms and conditions of its
 8885  tax refund agreement.
 8886         3. As a condition for receiving a prorated refund under
 8887  paragraph (5)(g) or an economic-stimulus exemption under this
 8888  paragraph, a qualified applicant must agree to renegotiate its
 8889  tax refund agreement with Jobs Florida the Office to, at a
 8890  minimum, ensure that the terms of the agreement comply with
 8891  current law and the Office procedures of Jobs Florida governing
 8892  application for and award of tax refunds. Upon approving the
 8893  award of a prorated refund or granting an economic-stimulus
 8894  exemption, Jobs Florida the Office shall renegotiate the tax
 8895  refund agreement with the qualified applicant as required by
 8896  this subparagraph. When amending the agreement of a qualified
 8897  applicant receiving an economic-stimulus exemption, Jobs Florida
 8898  the Office may extend the duration of the agreement for a period
 8899  not to exceed 2 years.
 8900         4. A qualified applicant may submit a request for an
 8901  economic-stimulus exemption to the Office in lieu of any tax
 8902  refund claim scheduled to be submitted after January 1, 2005,
 8903  but before July 1, 2006.
 8904         4.5. A qualified applicant that receives an economic
 8905  stimulus exemption may not receive a tax refund for the period
 8906  covered by the exemption.
 8907         (c) The agreement shall be signed by the commissioner
 8908  director and the authorized officer of the qualified applicant.
 8909         (d) The agreement must contain the following legend,
 8910  clearly printed on its face in bold type of not less than 10
 8911  points:
 8912  
 8913         “This agreement is neither a general obligation of the
 8914         State of Florida, nor is it backed by the full faith
 8915         and credit of the State of Florida. Payment of tax
 8916         refunds are conditioned on and subject to specific
 8917         annual appropriations by the Florida Legislature of
 8918         funds sufficient to pay amounts authorized in s.
 8919         288.1045, Florida Statutes.”
 8920  
 8921         (5) ANNUAL CLAIM FOR REFUND.—
 8922         (a) To be eligible to claim any scheduled tax refund,
 8923  qualified applicants who have entered into a written agreement
 8924  with Jobs Florida the Office pursuant to subsection (4) and who
 8925  have entered into a valid new Department of Defense contract,
 8926  entered into a valid new space flight business contract,
 8927  commenced the consolidation of a space flight business contract,
 8928  commenced the consolidation of a Department of Defense contract,
 8929  commenced the conversion of defense production jobs to
 8930  nondefense production jobs, or entered into a valid contract for
 8931  reuse of a defense-related facility must apply by January 31 of
 8932  each fiscal year to Jobs Florida the Office for tax refunds
 8933  scheduled to be paid from the appropriation for the fiscal year
 8934  that begins on July 1 following the January 31 claims-submission
 8935  date. Jobs Florida The Office may, upon written request, grant a
 8936  30-day extension of the filing date. The application must
 8937  include a notarized signature of an officer of the applicant.
 8938         (d) Jobs Florida The director, with assistance from the
 8939  Office, the Department of Revenue, and the Agency for Workforce
 8940  Innovation, shall, by June 30 following the scheduled date for
 8941  submitting the tax refund claim, specify by written order the
 8942  approval or disapproval of the tax refund claim and, if
 8943  approved, the amount of the tax refund that is authorized to be
 8944  paid to the qualified applicant for the annual tax refund. Jobs
 8945  Florida The Office may grant an extension of this date upon the
 8946  request of the qualified applicant for the purpose of filing
 8947  additional information in support of the claim.
 8948         (e) The total amount of tax refunds approved by Jobs
 8949  Florida the director under this section in any fiscal year may
 8950  not exceed the amount authorized under s. 288.095(3).
 8951         (g) A prorated tax refund, less a 5 percent penalty, shall
 8952  be approved for a qualified applicant provided all other
 8953  applicable requirements have been satisfied and the applicant
 8954  proves to the satisfaction of Jobs Florida the director that it
 8955  has achieved at least 80 percent of its projected employment and
 8956  that the average wage paid by the qualified applicant is at
 8957  least 90 percent of the average wage specified in the tax refund
 8958  agreement, but in no case less than 115 percent of the average
 8959  private sector wage in the area available at the time of
 8960  certification. The prorated tax refund shall be calculated by
 8961  multiplying the tax refund amount for which the qualified
 8962  applicant would have been eligible, if all applicable
 8963  requirements had been satisfied, by the percentage of the
 8964  average employment specified in the tax refund agreement which
 8965  was achieved, and by the percentage of the average wages
 8966  specified in the tax refund agreement which was achieved.
 8967         (6) ADMINISTRATION.—
 8968         (a) Jobs Florida The Office may adopt rules pursuant to
 8969  chapter 120 for the administration of this section.
 8970         (b) Jobs Florida The Office may verify information provided
 8971  in any claim submitted for tax credits under this section with
 8972  regard to employment and wage levels or the payment of the taxes
 8973  with the appropriate agency or authority including the
 8974  Department of Revenue, Jobs Florida the Agency for Workforce
 8975  Innovation, or any local government or authority.
 8976         (c) To facilitate the process of monitoring and auditing
 8977  applications made under this program, Jobs Florida the Office
 8978  may provide a list of qualified applicants to the Department of
 8979  Revenue, to the Agency for Workforce Innovation, or to any local
 8980  government or authority. Jobs Florida the Office may request the
 8981  assistance of said entities with respect to monitoring jobs,
 8982  wages, and the payment of the taxes listed in subsection (2).
 8983         (7) Notwithstanding paragraphs (4)(a) and (5)(c), the
 8984  Office may approve a waiver of the local financial support
 8985  requirement for a business located in any of the following
 8986  counties in which businesses received emergency loans
 8987  administered by the Office in response to the named hurricanes
 8988  of 2004: Bay, Brevard, Charlotte, DeSoto, Escambia, Flagler,
 8989  Glades, Hardee, Hendry, Highlands, Indian River, Lake, Lee,
 8990  Martin, Okaloosa, Okeechobee, Orange, Osceola, Palm Beach, Polk,
 8991  Putnam, Santa Rosa, Seminole, St. Lucie, Volusia, and Walton. A
 8992  waiver may be granted only if the Office determines that the
 8993  local financial support cannot be provided or that doing so
 8994  would effect a demonstrable hardship on the unit of local
 8995  government providing the local financial support. If the Office
 8996  grants a waiver of the local financial support requirement, the
 8997  state shall pay 100 percent of the refund due to an eligible
 8998  business. The waiver shall apply for tax refund applications
 8999  made for fiscal years 2004-2005, 2005-2006, and 2006-2007.
 9000         (7)(8) EXPIRATION.—An applicant may not be certified as
 9001  qualified under this section after June 30, 2014. A tax refund
 9002  agreement existing on that date shall continue in effect in
 9003  accordance with its terms.
 9004         Section 144. Paragraphs (d), (f), (n), (p), (r), and (t) of
 9005  subsection (2), paragraphs (a), (b), and (f) of subsection (3),
 9006  subsection (4), paragraphs (a), (b), and (c) of subsection (5),
 9007  paragraphs (a), (c), (f), and (g) of subsection (6), and
 9008  subsection (7) of section 288.106, Florida Statutes, are
 9009  amended, and present paragraphs (g) through (u) of subsection
 9010  (2) are redesignated as paragraphs (f) through (n),
 9011  respectively, to read:
 9012         288.106 Tax refund program for qualified target industry
 9013  businesses.—
 9014         (2) DEFINITIONS.—As used in this section:
 9015         (d) “Business” means an employing unit, as defined in s.
 9016  443.036, that is registered for unemployment compensation
 9017  purposes with the state agency providing unemployment tax
 9018  collection services under contract with the Agency for Workforce
 9019  Innovation through an interagency agreement pursuant to s.
 9020  443.1316, or a subcategory or division of an employing unit that
 9021  is accepted by the state agency providing unemployment tax
 9022  collection services as a reporting unit.
 9023         (f) “Director” means the Director of the Office of Tourism,
 9024  Trade, and Economic Development.
 9025         (n) “Office” means the Office of Tourism, Trade, and
 9026  Economic Development.
 9027         (n)(p) “Qualified target industry business” means a target
 9028  industry business approved by Jobs Florida the Office to be
 9029  eligible for tax refunds under this section.
 9030         (q) “Return on investment” means the gain in state revenues
 9031  as a percentage of the state’s investment. The state’s
 9032  investment includes state grants, tax exemptions, tax refunds,
 9033  tax credits, and other state incentives.
 9034         (o)(r) “Rural city” means a city having a population of
 9035  10,000 or fewer, or a city having a population of greater than
 9036  10,000 but fewer than 20,000 that has been determined by Jobs
 9037  Florida the Office to have economic characteristics such as, but
 9038  not limited to, a significant percentage of residents on public
 9039  assistance, a significant percentage of residents with income
 9040  below the poverty level, or a significant percentage of the
 9041  city’s employment base in agriculture-related industries.
 9042         (q)(t) “Target industry business” means a corporate
 9043  headquarters business or any business that is engaged in one of
 9044  the target industries identified pursuant to the following
 9045  criteria developed by Jobs Florida the Office in consultation
 9046  with the Jobs Florida Partnership Enterprise Florida, Inc.:
 9047         1. Future growth.—Industry forecasts should indicate strong
 9048  expectation for future growth in both employment and output,
 9049  according to the most recent available data. Special
 9050  consideration should be given to businesses that export goods
 9051  to, or provide services in, international markets and businesses
 9052  that replace domestic and international imports of goods or
 9053  services.
 9054         2. Stability.—The industry should not be subject to
 9055  periodic layoffs, whether due to seasonality or sensitivity to
 9056  volatile economic variables such as weather. The industry should
 9057  also be relatively resistant to recession, so that the demand
 9058  for products of this industry is not typically subject to
 9059  decline during an economic downturn.
 9060         3. High wage.—The industry should pay relatively high wages
 9061  compared to statewide or area averages.
 9062         4. Market and resource independent.—The location of
 9063  industry businesses should not be dependent on Florida markets
 9064  or resources as indicated by industry analysis, except for
 9065  businesses in the renewable energy industry.
 9066         5. Industrial base diversification and strengthening.—The
 9067  industry should contribute toward expanding or diversifying the
 9068  state’s or area’s economic base, as indicated by analysis of
 9069  employment and output shares compared to national and regional
 9070  trends. Special consideration should be given to industries that
 9071  strengthen regional economies by adding value to basic products
 9072  or building regional industrial clusters as indicated by
 9073  industry analysis. Special consideration should also be given to
 9074  the development of strong industrial clusters that include
 9075  defense and homeland security businesses.
 9076         6. Positive economic impact benefits.—The industry is
 9077  expected to have strong positive economic impacts on or benefits
 9078  to the state or regional economies.
 9079  
 9080  The term does not include any business engaged in retail
 9081  industry activities; any electrical utility company; any
 9082  phosphate or other solid minerals severance, mining, or
 9083  processing operation; any oil or gas exploration or production
 9084  operation; or any business subject to regulation by the Division
 9085  of Hotels and Restaurants of the Department of Business and
 9086  Professional Regulation. Any business within NAICS code 5611 or
 9087  5614, office administrative services and business support
 9088  services, respectively, may be considered a target industry
 9089  business only after the local governing body and the Jobs
 9090  Florida Partnership Enterprise Florida, Inc., make a
 9091  determination that the community where the business may locate
 9092  has conditions affecting the fiscal and economic viability of
 9093  the local community or area, including but not limited to,
 9094  factors such as low per capita income, high unemployment, high
 9095  underemployment, and a lack of year-round stable employment
 9096  opportunities, and such conditions may be improved by the
 9097  location of such a business to the community. By January 1 of
 9098  every 3rd year, beginning January 1, 2011, Jobs Florida the
 9099  Office, in consultation with the Jobs Florida Partnership
 9100  Enterprise Florida, Inc., economic development organizations,
 9101  the State University System, local governments, employee and
 9102  employer organizations, market analysts, and economists, shall
 9103  review and, as appropriate, revise the list of such target
 9104  industries and submit the list to the Governor, the President of
 9105  the Senate, and the Speaker of the House of Representatives.
 9106         (3) TAX REFUND; ELIGIBLE AMOUNTS.—
 9107         (a) There shall be allowed, from the account, a refund to a
 9108  qualified target industry business for the amount of eligible
 9109  taxes certified by Jobs Florida the Office that were paid by the
 9110  business. The total amount of refunds for all fiscal years for
 9111  each qualified target industry business must be determined
 9112  pursuant to subsection (4). The annual amount of a refund to a
 9113  qualified target industry business must be determined pursuant
 9114  to subsection (6).
 9115         (b)1. Upon approval by Jobs Florida the Office, a qualified
 9116  target industry business shall be allowed tax refund payments
 9117  equal to $3,000 multiplied by the number of jobs specified in
 9118  the tax refund agreement under subparagraph (5)(a)1., or equal
 9119  to $6,000 multiplied by the number of jobs if the project is
 9120  located in a rural community or an enterprise zone.
 9121         2. A qualified target industry business shall be allowed
 9122  additional tax refund payments equal to $1,000 multiplied by the
 9123  number of jobs specified in the tax refund agreement under
 9124  subparagraph (5)(a)1. if such jobs pay an annual average wage of
 9125  at least 150 percent of the average private sector wage in the
 9126  area, or equal to $2,000 multiplied by the number of jobs if
 9127  such jobs pay an annual average wage of at least 200 percent of
 9128  the average private sector wage in the area.
 9129         3. A qualified target industry business shall be allowed
 9130  tax refund payments in addition to the other payments authorized
 9131  in this paragraph equal to $1,000 multiplied by the number of
 9132  jobs specified in the tax refund agreement under subparagraph
 9133  (5)(a)1. if the local financial support is equal to that of the
 9134  state’s incentive award under subparagraph 1.
 9135         4. In addition to the other tax refund payments authorized
 9136  in this paragraph, a qualified target industry business shall be
 9137  allowed a tax refund payment equal to $2,000 multiplied by the
 9138  number of jobs specified in the tax refund agreement under
 9139  subparagraph (5)(a)1. if the business:
 9140         a. Falls within one of the high-impact sectors designated
 9141  under s. 288.108; or
 9142         b. Increases exports of its goods through a seaport or
 9143  airport in the state by at least 10 percent in value or tonnage
 9144  in each of the years that the business receives a tax refund
 9145  under this section. For purposes of this sub-subparagraph,
 9146  seaports in the state are limited to the ports of Jacksonville,
 9147  Tampa, Port Everglades, Miami, Port Canaveral, Ft. Pierce, Palm
 9148  Beach, Port Manatee, Port St. Joe, Panama City, St. Petersburg,
 9149  Pensacola, Fernandina, and Key West.
 9150         (f) Refunds made available under this section may not be
 9151  expended in connection with the relocation of a business from
 9152  one community to another community in the state unless Jobs
 9153  Florida the Office determines that, without such relocation, the
 9154  business will move outside the state or determines that the
 9155  business has a compelling economic rationale for relocation and
 9156  that the relocation will create additional jobs.
 9157         (4) APPLICATION AND APPROVAL PROCESS.—
 9158         (a) To apply for certification as a qualified target
 9159  industry business under this section, the business must file an
 9160  application with Jobs Florida the Office before the business
 9161  decides to locate in this state or before the business decides
 9162  to expand its existing operations in this state. The application
 9163  must include, but need not be limited to, the following
 9164  information:
 9165         1. The applicant’s federal employer identification number
 9166  and, if applicable, state sales tax registration number.
 9167         2. The proposed permanent location of the applicant’s
 9168  facility in this state at which the project is to be located.
 9169         3. A description of the type of business activity or
 9170  product covered by the project, including a minimum of a five
 9171  digit NAICS code for all activities included in the project. As
 9172  used in this paragraph, “NAICS” means those classifications
 9173  contained in the North American Industry Classification System,
 9174  as published in 2007 by the Office of Management and Budget,
 9175  Executive Office of the President, and updated periodically.
 9176         4. The proposed number of net new full-time equivalent
 9177  Florida jobs at the qualified target industry business as of
 9178  December 31 of each year included in the project and the average
 9179  wage of those jobs. If more than one type of business activity
 9180  or product is included in the project, the number of jobs and
 9181  average wage for those jobs must be separately stated for each
 9182  type of business activity or product.
 9183         5. The total number of full-time equivalent employees
 9184  employed by the applicant in this state, if applicable.
 9185         6. The anticipated commencement date of the project.
 9186         7. A brief statement explaining the role that the estimated
 9187  tax refunds to be requested will play in the decision of the
 9188  applicant to locate or expand in this state.
 9189         8. An estimate of the proportion of the sales resulting
 9190  from the project that will be made outside this state.
 9191         9. An estimate of the proportion of the cost of the
 9192  machinery and equipment, and any other resources necessary in
 9193  the development of its product or service, to be used by the
 9194  business in its Florida operations which will be purchased
 9195  outside this state.
 9196         10. A resolution adopted by the governing board of the
 9197  county or municipality in which the project will be located,
 9198  which resolution recommends that the project be approved as a
 9199  qualified target industry business and specifies that the
 9200  commitments of local financial support necessary for the target
 9201  industry business exist. Before the passage of such resolution,
 9202  Jobs Florida the office may also accept an official letter from
 9203  an authorized local economic development agency that endorses
 9204  the proposed target industry project and pledges that sources of
 9205  local financial support for such project exist. For the purposes
 9206  of making pledges of local financial support under this
 9207  subparagraph, the authorized local economic development agency
 9208  shall be officially designated by the passage of a one-time
 9209  resolution by the local governing board.
 9210         11. Any additional information requested by Jobs Florida
 9211  the Office.
 9212         (b) To qualify for review by Jobs Florida the Office, the
 9213  application of a target industry business must, at a minimum,
 9214  establish the following to the satisfaction of Jobs Florida the
 9215  office:
 9216         1.a. The jobs proposed to be created under the application,
 9217  pursuant to subparagraph (a)4., must pay an estimated annual
 9218  average wage equaling at least 115 percent of the average
 9219  private sector wage in the area where the business is to be
 9220  located or the statewide private sector average wage. The
 9221  governing board of the county where the qualified target
 9222  industry business is to be located shall notify Jobs Florida the
 9223  Office and the Jobs Florida Partnership Enterprise Florida,
 9224  Inc., which calculation of the average private sector wage in
 9225  the area must be used as the basis for the business’s wage
 9226  commitment. In determining the average annual wage, Jobs Florida
 9227  the Office shall include only new proposed jobs, and wages for
 9228  existing jobs shall be excluded from this calculation.
 9229         b. Jobs Florida the Office may waive the average wage
 9230  requirement at the request of the local governing body
 9231  recommending the project and the Jobs Florida Partnership
 9232  Enterprise Florida, Inc. Jobs Florida the Office may waive the
 9233  wage requirement for a project located in a brownfield area
 9234  designated under s. 376.80, in a rural city, in a rural
 9235  community, in an enterprise zone, or for a manufacturing project
 9236  at any location in the state if the jobs proposed to be created
 9237  pay an estimated annual average wage equaling at least 100
 9238  percent of the average private sector wage in the area where the
 9239  business is to be located, only if the merits of the individual
 9240  project or the specific circumstances in the community in
 9241  relationship to the project warrant such action. If the local
 9242  governing body and the Jobs Florida Partnership Enterprise
 9243  Florida, Inc., make such a recommendation, it must be
 9244  transmitted in writing, and the specific justification for the
 9245  waiver recommendation must be explained. If Jobs Florida the
 9246  Office elects to waive the wage requirement, the waiver must be
 9247  stated in writing, and the reasons for granting the waiver must
 9248  be explained.
 9249         2. The target industry business’s project must result in
 9250  the creation of at least 10 jobs at the project and, in the case
 9251  of an expansion of an existing business, must result in a net
 9252  increase in employment of at least 10 percent at the business.
 9253  At the request of the local governing body recommending the
 9254  project and the Jobs Florida Partnership Enterprise Florida,
 9255  Inc., Jobs Florida the Office may waive this requirement for a
 9256  business in a rural community or enterprise zone if the merits
 9257  of the individual project or the specific circumstances in the
 9258  community in relationship to the project warrant such action. If
 9259  the local governing body and the Jobs Florida Partnership, Inc.,
 9260  Enterprise Florida, Inc., make such a request, the request must
 9261  be transmitted in writing, and the specific justification for
 9262  the request must be explained. If Jobs Florida the Office elects
 9263  to grant the request, the grant must be stated in writing, and
 9264  the reason for granting the request must be explained.
 9265         3. The business activity or product for the applicant’s
 9266  project must be within an industry identified by Jobs Florida
 9267  the Office as a target industry business that contributes to the
 9268  economic growth of the state and the area in which the business
 9269  is located, that produces a higher standard of living for
 9270  residents of this state in the new global economy, or that can
 9271  be shown to make an equivalent contribution to the area’s and
 9272  state’s economic progress.
 9273         (c) Each application meeting the requirements of paragraph
 9274  (b) must be submitted to Jobs Florida the Office for
 9275  determination of eligibility. Jobs Florida the Office shall
 9276  review and evaluate each application based on, but not limited
 9277  to, the following criteria:
 9278         1. Expected contributions to the state’s economy,
 9279  consistent with the state strategic economic development plan
 9280  adopted by the Jobs Florida Partnership, Inc. Enterprise
 9281  Florida, Inc.
 9282         2. The economic benefits return on investment of the
 9283  proposed award of tax refunds under this section and the
 9284  economic benefits of return on investment for state incentives
 9285  proposed for the project. The term “economic benefits” has the
 9286  same meaning as in s. 288.005. The Office of Economic and
 9287  Demographic Research shall review and evaluate the methodology
 9288  and model used to calculate the economic benefits return on
 9289  investment and shall report its findings by September 1 of every
 9290  3rd year, beginning September 1, 2010, to the President of the
 9291  Senate and the Speaker of the House of Representatives.
 9292         3. The amount of capital investment to be made by the
 9293  applicant in this state.
 9294         4. The local financial commitment and support for the
 9295  project.
 9296         5. The effect of the project on the unemployment rate in
 9297  the county where the project will be located.
 9298         6. The effect of the award on the viability of the project
 9299  and the probability that the project would be undertaken in this
 9300  state if such tax refunds are granted to the applicant.
 9301         7. The expected long-term commitment of the applicant to
 9302  economic growth and employment in this state resulting from the
 9303  project.
 9304         8. A review of the business’s past activities in this state
 9305  or other states, including whether such business has been
 9306  subjected to criminal or civil fines and penalties. This
 9307  subparagraph does not require the disclosure of confidential
 9308  information.
 9309         (d) Applications shall be reviewed and certified pursuant
 9310  to s. 288.061. Jobs Florida the Office shall include in its
 9311  review projections of the tax refunds the business would be
 9312  eligible to receive in each fiscal year based on the creation
 9313  and maintenance of the net new Florida jobs specified in
 9314  subparagraph (a)4. as of December 31 of the preceding state
 9315  fiscal year. If appropriate, Jobs Florida the Office shall enter
 9316  into a written agreement with the qualified target industry
 9317  business pursuant to subsection (5).
 9318         (e) Jobs Florida the Office may not certify any target
 9319  industry business as a qualified target industry business if the
 9320  value of tax refunds to be included in that letter of
 9321  certification exceeds the available amount of authority to
 9322  certify new businesses as determined in s. 288.095(3). However,
 9323  if the commitments of local financial support represent less
 9324  than 20 percent of the eligible tax refund payments, or to
 9325  otherwise preserve the viability and fiscal integrity of the
 9326  program, Jobs Florida the office may certify a qualified target
 9327  industry business to receive tax refund payments of less than
 9328  the allowable amounts specified in paragraph (3)(b). A letter of
 9329  certification that approves an application must specify the
 9330  maximum amount of tax refund that will be available to the
 9331  qualified industry business in each fiscal year and the total
 9332  amount of tax refunds that will be available to the business for
 9333  all fiscal years.
 9334         (f) This section does not create a presumption that an
 9335  applicant will receive any tax refunds under this section.
 9336  However, Jobs Florida the Office may issue nonbinding opinion
 9337  letters, upon the request of prospective applicants, as to the
 9338  applicants’ eligibility and the potential amount of refunds.
 9339         (5) TAX REFUND AGREEMENT.—
 9340         (a) Each qualified target industry business must enter into
 9341  a written agreement with Jobs Florida the Office that specifies,
 9342  at a minimum:
 9343         1. The total number of full-time equivalent jobs in this
 9344  state that will be dedicated to the project, the average wage of
 9345  those jobs, the definitions that will apply for measuring the
 9346  achievement of these terms during the pendency of the agreement,
 9347  and a time schedule or plan for when such jobs will be in place
 9348  and active in this state.
 9349         2. The maximum amount of tax refunds that the qualified
 9350  target industry business is eligible to receive on the project
 9351  and the maximum amount of a tax refund that the qualified target
 9352  industry business is eligible to receive for each fiscal year,
 9353  based on the job creation and maintenance schedule specified in
 9354  subparagraph 1.
 9355         3. That Jobs Florida the Office may review and verify the
 9356  financial and personnel records of the qualified target industry
 9357  business to ascertain whether that business is in compliance
 9358  with this section.
 9359         4. The date by which, in each fiscal year, the qualified
 9360  target industry business may file a claim under subsection (6)
 9361  to be considered to receive a tax refund in the following fiscal
 9362  year.
 9363         5. That local financial support will be annually available
 9364  and will be paid to the account. Jobs Florida the Office may not
 9365  enter into a written agreement with a qualified target industry
 9366  business if the local financial support resolution is not passed
 9367  by the local governing body within 90 days after Jobs Florida
 9368  the Office has issued the letter of certification under
 9369  subsection (4).
 9370         6. That Jobs Florida the Office may conduct a review of the
 9371  business to evaluate whether the business is continuing to
 9372  contribute to the area’s or state’s economy.
 9373         7. That in the event the business does not complete the
 9374  agreement, the business will provide Jobs Florida the Office
 9375  with the reasons the business was unable to complete the
 9376  agreement.
 9377         (b) Compliance with the terms and conditions of the
 9378  agreement is a condition precedent for the receipt of a tax
 9379  refund each year. The failure to comply with the terms and
 9380  conditions of the tax refund agreement results in the loss of
 9381  eligibility for receipt of all tax refunds previously authorized
 9382  under this section and the revocation by Jobs Florida the Office
 9383  of the certification of the business entity as a qualified
 9384  target industry business, unless the business is eligible to
 9385  receive and elects to accept a prorated refund under paragraph
 9386  (6)(e) or Jobs Florida the Office grants the business an
 9387  economic recovery extension.
 9388         1. A qualified target industry business may submit a
 9389  request to Jobs Florida the Office for an economic recovery
 9390  extension. The request must provide quantitative evidence
 9391  demonstrating how negative economic conditions in the business’s
 9392  industry, the effects of a named hurricane or tropical storm, or
 9393  specific acts of terrorism affecting the qualified target
 9394  industry business have prevented the business from complying
 9395  with the terms and conditions of its tax refund agreement.
 9396         2. Upon receipt of a request under subparagraph 1., Jobs
 9397  Florida the Office has 45 days to notify the requesting
 9398  business, in writing, whether its extension has been granted or
 9399  denied. In determining whether an extension should be granted,
 9400  Jobs Florida the Office shall consider the extent to which
 9401  negative economic conditions in the requesting business’s
 9402  industry have occurred in the state or the effects of a named
 9403  hurricane or tropical storm or specific acts of terrorism
 9404  affecting the qualified target industry business have prevented
 9405  the business from complying with the terms and conditions of its
 9406  tax refund agreement. Jobs Florida the Office shall consider
 9407  current employment statistics for this state by industry,
 9408  including whether the business’s industry had substantial job
 9409  loss during the prior year, when determining whether an
 9410  extension shall be granted.
 9411         3. As a condition for receiving a prorated refund under
 9412  paragraph (6)(e) or an economic recovery extension under this
 9413  paragraph, a qualified target industry business must agree to
 9414  renegotiate its tax refund agreement with Jobs Florida the
 9415  Office to, at a minimum, ensure that the terms of the agreement
 9416  comply with current law and office procedures governing
 9417  application for and award of tax refunds. Upon approving the
 9418  award of a prorated refund or granting an economic recovery
 9419  extension, Jobs Florida the Office shall renegotiate the tax
 9420  refund agreement with the business as required by this
 9421  subparagraph. When amending the agreement of a business
 9422  receiving an economic recovery extension, Jobs Florida the
 9423  Office may extend the duration of the agreement for a period not
 9424  to exceed 2 years.
 9425         4. A qualified target industry business may submit a
 9426  request for an economic recovery extension to Jobs Florida the
 9427  Office in lieu of any tax refund claim scheduled to be submitted
 9428  after January 1, 2009, but before July 1, 2012.
 9429         5. A qualified target industry business that receives an
 9430  economic recovery extension may not receive a tax refund for the
 9431  period covered by the extension.
 9432         (c) The agreement must be signed by the commissioner
 9433  director and by an authorized officer of the qualified target
 9434  industry business within 120 days after the issuance of the
 9435  letter of certification under subsection (4), but not before
 9436  passage and receipt of the resolution of local financial
 9437  support. Jobs Florida The Office may grant an extension of this
 9438  period at the written request of the qualified target industry
 9439  business.
 9440         (6) ANNUAL CLAIM FOR REFUND.—
 9441         (a) To be eligible to claim any scheduled tax refund, a
 9442  qualified target industry business that has entered into a tax
 9443  refund agreement with Jobs Florida the Office under subsection
 9444  (5) must apply by January 31 of each fiscal year to Jobs Florida
 9445  the office for the tax refund scheduled to be paid from the
 9446  appropriation for the fiscal year that begins on July 1
 9447  following the January 31 claims-submission date. Jobs Florida
 9448  The Office may, upon written request, grant a 30-day extension
 9449  of the filing date.
 9450         (c) Jobs Florida the Office may waive the requirement for
 9451  proof of taxes paid in future years for a qualified target
 9452  industry business that provides the office with proof that, in a
 9453  single year, the business has paid an amount of state taxes from
 9454  the categories in paragraph (3)(d) that is at least equal to the
 9455  total amount of tax refunds that the business may receive
 9456  through successful completion of its tax refund agreement.
 9457         (f) Jobs Florida the Office, with such assistance as may be
 9458  required from the Department of Revenue or the Agency for
 9459  Workforce Innovation, shall, by June 30 following the scheduled
 9460  date for submission of the tax refund claim, specify by written
 9461  order the approval or disapproval of the tax refund claim and,
 9462  if approved, the amount of the tax refund that is authorized to
 9463  be paid to the qualified target industry business for the annual
 9464  tax refund. Jobs Florida the Office may grant an extension of
 9465  this date on the request of the qualified target industry
 9466  business for the purpose of filing additional information in
 9467  support of the claim.
 9468         (g) The total amount of tax refund claims approved by Jobs
 9469  Florida the Office under this section in any fiscal year must
 9470  not exceed the amount authorized under s. 288.095(3).
 9471         (7) ADMINISTRATION.—
 9472         (a) Jobs Florida the Office may verify information provided
 9473  in any claim submitted for tax credits under this section with
 9474  regard to employment and wage levels or the payment of the taxes
 9475  to the appropriate agency or authority, including the Department
 9476  of Revenue, the Agency for Workforce Innovation, or any local
 9477  government or authority.
 9478         (b) To facilitate the process of monitoring and auditing
 9479  applications made under this section, Jobs Florida the Office
 9480  may provide a list of qualified target industry businesses to
 9481  the Department of Revenue, to the Agency for Workforce
 9482  Innovation, or to any local government or authority. Jobs
 9483  Florida The Office may request the assistance of those entities
 9484  with respect to monitoring jobs, wages, and the payment of the
 9485  taxes listed in subsection (3).
 9486         (c) Funds specifically appropriated for tax refunds for
 9487  qualified target industry businesses under this section may not
 9488  be used by Jobs Florida the Office for any purpose other than
 9489  the payment of tax refunds authorized by this section.
 9490         (d) Beginning with tax refund agreements signed after July
 9491  1, 2010, Jobs Florida the Office shall attempt to ascertain the
 9492  causes for any business’s failure to complete its agreement and
 9493  shall report its findings and recommendations to the Governor,
 9494  the President of the Senate, and the Speaker of the House of
 9495  Representatives. The report shall be submitted by December 1 of
 9496  each year beginning in 2011.
 9497         Section 145. Paragraphs (d), (e), (f), (g) and (h) of
 9498  subsection (1), subsection (2), paragraphs (a), (b), (f), (g),
 9499  (h), and (i) of subsection (4), and subsection (5) of section
 9500  288.107, Florida Statutes, are amended to read:
 9501         288.107 Brownfield redevelopment bonus refunds.—
 9502         (1) DEFINITIONS.—As used in this section:
 9503         (d) “Director” means the director of the Office of Tourism,
 9504  Trade, and Economic Development.
 9505         (d)(e) “Eligible business” means:
 9506         1. A qualified target industry business as defined in s.
 9507  288.106(2); or
 9508         2. A business that can demonstrate a fixed capital
 9509  investment of at least $2 million in mixed-use business
 9510  activities, including multiunit housing, commercial, retail, and
 9511  industrial in brownfield areas, or at least $500,000 in
 9512  brownfield areas that do not require site cleanup, and that
 9513  provides benefits to its employees.
 9514         (e)(f) “Jobs” means full-time equivalent positions,
 9515  including, but not limited to, positions obtained from a
 9516  temporary employment agency or employee leasing company or
 9517  through a union agreement or coemployment under a professional
 9518  employer organization agreement, that result directly from a
 9519  project in this state. The term does not include temporary
 9520  construction jobs involved with the construction of facilities
 9521  for the project and which are not associated with the
 9522  implementation of the site rehabilitation as provided in s.
 9523  376.80.
 9524         (g) “Office” means The Office of Tourism, Trade, and
 9525  Economic Development.
 9526         (f)(h) “Project” means the creation of a new business or
 9527  the expansion of an existing business as defined in s. 288.106.
 9528         (2) BROWNFIELD REDEVELOPMENT BONUS REFUND.—Bonus refunds
 9529  shall be approved by Jobs Florida the Office as specified in the
 9530  final order and allowed from the account as follows:
 9531         (a) A bonus refund of $2,500 shall be allowed to any
 9532  qualified target industry business as defined in s. 288.106 for
 9533  each new Florida job created in a brownfield area that is
 9534  claimed on the qualified target industry business’s annual
 9535  refund claim authorized in s. 288.106(6).
 9536         (b) A bonus refund of up to $2,500 shall be allowed to any
 9537  other eligible business as defined in subparagraph (1)(d)2.
 9538  subparagraph (1)(e)2. for each new Florida job created in a
 9539  brownfield area that is claimed under an annual claim procedure
 9540  similar to the annual refund claim authorized in s. 288.106(6).
 9541  The amount of the refund shall be equal to 20 percent of the
 9542  average annual wage for the jobs created.
 9543         (4) PAYMENT OF BROWNFIELD REDEVELOPMENT BONUS REFUNDS.—
 9544         (a) To be eligible to receive a bonus refund for new
 9545  Florida jobs created in a brownfield area, a business must have
 9546  been certified as a qualified target industry business under s.
 9547  288.106 or eligible business as defined in paragraph (1)(d)
 9548  paragraph (1)(e) and must have indicated on the qualified target
 9549  industry business tax refund application form submitted in
 9550  accordance with s. 288.106(4) or other similar agreement for
 9551  other eligible business as defined in paragraph (1)(d) paragraph
 9552  (1)(e) that the project for which the application is submitted
 9553  is or will be located in a brownfield area and that the business
 9554  is applying for certification as a qualified brownfield business
 9555  under this section, and must have signed a qualified target
 9556  industry business tax refund agreement with Jobs Florida the
 9557  Office that indicates that the business has been certified as a
 9558  qualified target industry business located in a brownfield area
 9559  and specifies the schedule of brownfield redevelopment bonus
 9560  refunds that the business may be eligible to receive in each
 9561  fiscal year.
 9562         (b) To be considered to receive an eligible brownfield
 9563  redevelopment bonus refund payment, the business meeting the
 9564  requirements of paragraph (a) must submit a claim once each
 9565  fiscal year on a claim form approved by Jobs Florida the Office
 9566  which indicates the location of the brownfield, the address of
 9567  the business facility’s brownfield location, the name of the
 9568  brownfield in which it is located, the number of jobs created,
 9569  and the average wage of the jobs created by the business within
 9570  the brownfield as defined in s. 288.106 or other eligible
 9571  business as defined in paragraph (1)(d) paragraph (1)(e) and the
 9572  administrative rules and policies for that section.
 9573         (f) Applications shall be reviewed and certified pursuant
 9574  to s. 288.061. Jobs Florida The Office shall review all
 9575  applications submitted under s. 288.106 or other similar
 9576  application forms for other eligible businesses as defined in
 9577  paragraph (1)(d) paragraph (1)(e) which indicate that the
 9578  proposed project will be located in a brownfield and determine,
 9579  with the assistance of the Department of Environmental
 9580  Protection, that the project location is within a brownfield as
 9581  provided in this act.
 9582         (g) Jobs Florida The Office shall approve all claims for a
 9583  brownfield redevelopment bonus refund payment that are found to
 9584  meet the requirements of paragraphs (b) and (d).
 9585         (h) Jobs Florida The director, with such assistance as may
 9586  be required from the Office and the Department of Environmental
 9587  Protection, shall specify by written final order the amount of
 9588  the brownfield redevelopment bonus refund that is authorized for
 9589  the qualified target industry business for the fiscal year
 9590  within 30 days after the date that the claim for the annual tax
 9591  refund is received by Jobs Florida the office.
 9592         (i) The total amount of the bonus refunds approved by Jobs
 9593  Florida the director under this section in any fiscal year must
 9594  not exceed the total amount appropriated to the Economic
 9595  Development Incentives Account for this purpose for the fiscal
 9596  year. In the event that the Legislature does not appropriate an
 9597  amount sufficient to satisfy projections by Jobs Florida the
 9598  Office for brownfield redevelopment bonus refunds under this
 9599  section in a fiscal year, Jobs Florida the Office shall, not
 9600  later than July 15 of such year, determine the proportion of
 9601  each brownfield redevelopment bonus refund claim which shall be
 9602  paid by dividing the amount appropriated for tax refunds for the
 9603  fiscal year by the projected total of brownfield redevelopment
 9604  bonus refund claims for the fiscal year. The amount of each
 9605  claim for a brownfield redevelopment bonus tax refund shall be
 9606  multiplied by the resulting quotient. If, after the payment of
 9607  all such refund claims, funds remain in the Economic Development
 9608  Incentives Account for brownfield redevelopment tax refunds,
 9609  Jobs Florida the Office shall recalculate the proportion for
 9610  each refund claim and adjust the amount of each claim
 9611  accordingly.
 9612         (5) ADMINISTRATION.—
 9613         (a) Jobs Florida the Office may verify information provided
 9614  in any claim submitted for tax credits under this section with
 9615  regard to employment and wage levels or the payment of the taxes
 9616  to the appropriate agency or authority, including the Department
 9617  of Revenue, the Agency for Workforce Innovation, or any local
 9618  government or authority.
 9619         (b) To facilitate the process of monitoring and auditing
 9620  applications made under this program, Jobs Florida the Office
 9621  may provide a list of qualified target industry businesses to
 9622  the Department of Revenue, to the Agency for Workforce
 9623  Innovation, to the Department of Environmental Protection, or to
 9624  any local government authority. Jobs Florida the office may
 9625  request the assistance of those entities with respect to
 9626  monitoring the payment of the taxes listed in s. 288.106(3).
 9627         Section 146. Paragraphs (a), (b), (c), and (d) of
 9628  subsection (2), paragraphs (b), (d), and (e) of subsection (3),
 9629  subsection (4), paragraphs (a) and (c) of subsection (5), and
 9630  subsections (6) and (7) of section 288.108, Florida Statutes,
 9631  are amended, and present paragraphs (e) through (j) of
 9632  subsection (2) are redesignated as paragraphs (c) through (h),
 9633  respectively, to read:
 9634         288.108 High-impact business.—
 9635         (2) DEFINITIONS.—As used in this section, the term:
 9636         (a) “Eligible high-impact business” means a business in one
 9637  of the high-impact sectors identified by the Jobs Florida
 9638  Partnership Enterprise Florida, Inc., and certified by Jobs
 9639  Florida the Office of Tourism, Trade, and Economic Development
 9640  as provided in subsection (5), which is making a cumulative
 9641  investment in the state of at least $50 million and creating at
 9642  least 50 new full-time equivalent jobs in the state or a
 9643  research and development facility making a cumulative investment
 9644  of at least $25 million and creating at least 25 new full-time
 9645  equivalent jobs. Such investment and employment must be achieved
 9646  in a period not to exceed 3 years after the date the business is
 9647  certified as a qualified high-impact business.
 9648         (b) “Qualified high-impact business” means a business in
 9649  one of the high-impact sectors that has been certified by Jobs
 9650  Florida the Office as a qualified high-impact business to
 9651  receive a high-impact sector performance grant.
 9652         (c) “Office” means the Office of Tourism, Trade, and
 9653  Economic Development.
 9654         (d) “Director” means the director of the Office of Tourism,
 9655  Trade, and Economic Development.
 9656         (3) HIGH-IMPACT SECTOR PERFORMANCE GRANTS; ELIGIBLE
 9657  AMOUNTS.—
 9658         (b) Jobs Florida The Office may, in consultation with
 9659  Enterprise Florida, Inc., negotiate qualified high-impact
 9660  business performance grant awards for any single qualified high
 9661  impact business. In negotiating such awards, Jobs Florida the
 9662  Office shall consider the following guidelines in conjunction
 9663  with other relevant applicant impact and cost information and
 9664  analysis as required in subsection (5).
 9665         1. A qualified high-impact business making a cumulative
 9666  investment of $50 million and creating 50 jobs may be eligible
 9667  for a total qualified high-impact business performance grant of
 9668  $500,000 to $1 million.
 9669         2. A qualified high-impact business making a cumulative
 9670  investment of $100 million and creating 100 jobs may be eligible
 9671  for a total qualified high-impact business performance grant of
 9672  $1 million to $2 million.
 9673         3. A qualified high-impact business making a cumulative
 9674  investment of $800 million and creating 800 jobs may be eligible
 9675  for a qualified high-impact business performance grant of $10
 9676  million to $12 million.
 9677         4. A qualified high-impact business engaged in research and
 9678  development making a cumulative investment of $25 million and
 9679  creating 25 jobs may be eligible for a total qualified high
 9680  impact business performance grant of $700,000 to $1 million.
 9681         5. A qualified high-impact business engaged in research and
 9682  development making a cumulative investment of $75 million, and
 9683  creating 75 jobs may be eligible for a total qualified high
 9684  impact business performance grant of $2 million to $3 million.
 9685         6. A qualified high-impact business engaged in research and
 9686  development making a cumulative investment of $150 million, and
 9687  creating 150 jobs may be eligible for a qualified high-impact
 9688  business performance grant of $3.5 million to $4.5 million.
 9689         (d) The balance of the performance grant award shall be
 9690  paid to the qualified high-impact business upon the business’s
 9691  certification that full operations have commenced and that the
 9692  full investment and employment goals specified in the qualified
 9693  high-impact business agreement have been met and verified by
 9694  Jobs Florida the Office of Tourism, Trade, and Economic
 9695  Development. The verification must occur not later than 60 days
 9696  after the qualified high-impact business has provided the
 9697  certification specified in this paragraph.
 9698         (e) Jobs Florida The office may, upon a showing of
 9699  reasonable cause for delay and significant progress toward the
 9700  achievement of the investment and employment goals specified in
 9701  the qualified high-impact business agreement, extend the date
 9702  for commencement of operations, not to exceed an additional 2
 9703  years beyond the limit specified in paragraph (2)(a), but in no
 9704  case may any high-impact sector performance grant payment be
 9705  made to the business until the scheduled goals have been
 9706  achieved.
 9707         (4) OFFICE OF TOURISM, TRADE, AND ECONOMIC DEVELOPMENT
 9708  AUTHORITY TO APPROVE QUALIFIED HIGH-IMPACT BUSINESS PERFORMANCE
 9709  GRANTS.—
 9710         (a) The total amount of active performance grants scheduled
 9711  for payment by Jobs Florida the office in any single fiscal year
 9712  may not exceed the lesser of $30 million or the amount
 9713  appropriated by the Legislature for that fiscal year for
 9714  qualified high-impact business performance grants. If the
 9715  scheduled grant payments are not made in the year for which they
 9716  were scheduled in the qualified high-impact business agreement
 9717  and are rescheduled as authorized in paragraph (3)(e), they are,
 9718  for purposes of this paragraph, deemed to have been paid in the
 9719  year in which they were originally scheduled in the qualified
 9720  high-impact business agreement.
 9721         (b) If the Legislature does not appropriate an amount
 9722  sufficient to satisfy the qualified high-impact business
 9723  performance grant payments scheduled for any fiscal year, Jobs
 9724  Florida the Office shall, not later than July 15 of that year,
 9725  determine the proportion of each grant payment which may be paid
 9726  by dividing the amount appropriated for qualified high-impact
 9727  business performance grant payments for the fiscal year by the
 9728  total performance grant payments scheduled in all performance
 9729  grant agreements for the fiscal year. The amount of each grant
 9730  scheduled for payment in that fiscal year must be multiplied by
 9731  the resulting quotient. All businesses affected by this
 9732  calculation must be notified by August 1 of each fiscal year.
 9733  If, after the payment of all the refund claims, funds remain in
 9734  the appropriation for payment of qualified high-impact business
 9735  performance grants, Jobs Florida the Office shall recalculate
 9736  the proportion for each performance grant payment and adjust the
 9737  amount of each claim accordingly.
 9738         (5) APPLICATIONS; CERTIFICATION PROCESS; GRANT AGREEMENT.—
 9739         (a) Any eligible business, as defined in subsection (2),
 9740  shall apply to the Jobs Florida Partnership Enterprise Florida,
 9741  Inc., for consideration as a qualified high-impact business
 9742  before the business has made a decision to locate or expand a
 9743  facility in this state. The application, developed by Jobs
 9744  Florida The Office of Tourism, Trade, and Economic Development,
 9745  in consultation with the Jobs Florida Partnership Enterprise
 9746  Florida, Inc., must include, but is not limited to, the
 9747  following information:
 9748         1. A complete description of the type of facility, business
 9749  operations, and product or service associated with the project.
 9750         2. The number of full-time equivalent jobs that will be
 9751  created by the project and the average annual wage of those
 9752  jobs.
 9753         3. The cumulative amount of investment to be dedicated to
 9754  this project within 3 years.
 9755         4. A statement concerning any special impacts the facility
 9756  is expected to stimulate in the sector, the state, or regional
 9757  economy and in state universities and community colleges.
 9758         5. A statement concerning the role the grant will play in
 9759  the decision of the applicant business to locate or expand in
 9760  this state.
 9761         6. Any additional information requested by Jobs Florida and
 9762  the Jobs Florida Partnership Enterprise Florida, Inc., and the
 9763  Office of Tourism, Trade, and Economic Development.
 9764         (c) Jobs Florida The director and the qualified high-impact
 9765  business shall enter into a performance grant agreement setting
 9766  forth the conditions for payment of the qualified high-impact
 9767  business performance grant. The agreement shall include the
 9768  total amount of the qualified high-impact business facility
 9769  performance grant award, the performance conditions that must be
 9770  met to obtain the award, including the employment, average
 9771  salary, investment, the methodology for determining if the
 9772  conditions have been met, and the schedule of performance grant
 9773  payments.
 9774         (6) SELECTION AND DESIGNATION OF HIGH-IMPACT SECTORS.—
 9775         (a) The Jobs Florida Partnership Enterprise Florida, Inc.,
 9776  shall, by January 1, of every third year, beginning January 1,
 9777  2011, initiate the process of reviewing and, if appropriate,
 9778  selecting a new high-impact sector for designation or
 9779  recommending the deactivation of a designated high-impact
 9780  sector. The process of reviewing designated high-impact sectors
 9781  or recommending the deactivation of a designated high-impact
 9782  sector shall be in consultation with Jobs Florida the office,
 9783  economic development organizations, the State University System,
 9784  local governments, employee and employer organizations, market
 9785  analysts, and economists.
 9786         (b) Jobs Florida the Office has authority, only after
 9787  recommendation from the Jobs Florida Partnership Enterprise
 9788  Florida, Inc., to designate a high-impact sector or to
 9789  deauthorize a designated high-impact sector.
 9790         (c) To begin the process of selecting and designating a new
 9791  high-impact sector, the Jobs Florida Partnership Enterprise
 9792  Florida, Inc., shall undertake a thorough study of the proposed
 9793  sector. This study must consider the definition of the sector,
 9794  including the types of facilities which characterize the sector
 9795  that might qualify for a high-impact performance grant and
 9796  whether a powerful incentive like the high-impact performance
 9797  grant is needed to induce major facilities in the sector to
 9798  locate or grow in this state; the benefits that major facilities
 9799  in the sector have or could have on the state’s economy and the
 9800  relative significance of those benefits; the needs of the sector
 9801  and major sector facilities, including natural, public, and
 9802  human resources and benefits and costs with regard to these
 9803  resources; the sector’s current and future markets; the current
 9804  fiscal and potential fiscal impacts of the sector, to both the
 9805  state and its communities; any geographic opportunities or
 9806  limitations with regard to the sector, including areas of the
 9807  state most likely to benefit from the sector and areas unlikely
 9808  to benefit from the sector; the state’s advantages or
 9809  disadvantages with regard to the sector; and the long-term
 9810  expectations for the industry on a global level and in the
 9811  state. If the Jobs Florida Partnership Enterprise Florida, Inc.,
 9812  finds favorable conditions for the designation of the sector as
 9813  a high-impact sector, it shall include in the study
 9814  recommendations for a complete and comprehensive sector
 9815  strategy, including appropriate marketing and workforce
 9816  strategies for the entire sector and any recommendations that
 9817  the Jobs Florida Partnership Enterprise Florida, Inc., may have
 9818  for statutory or policy changes needed to improve the state’s
 9819  business climate and to attract and grow Florida businesses,
 9820  particularly small businesses, in the proposed sector. The study
 9821  shall reflect the finding of the sector-business network
 9822  specified in paragraph (d).
 9823         (d) In conjunction with the study required in paragraph
 9824  (c), the Jobs Florida Partnership Enterprise Florida, Inc.,
 9825  shall develop and consult with a network of sector businesses.
 9826  While this network may include non-Florida businesses, it must
 9827  include any businesses currently within the state. If the number
 9828  of Florida businesses in the sector is large, a representative
 9829  cross-section of Florida sector businesses may form the core of
 9830  this network.
 9831         (e) The study and its findings and recommendations and the
 9832  recommendations gathered from the sector-business network must
 9833  be discussed and considered during the at least one meeting per
 9834  calendar year of leaders in business, government, education,
 9835  workforce development, and economic development called by the
 9836  Governor to address the business climate in the state, develop a
 9837  common vision for the economic future of the state, and identify
 9838  economic development efforts to fulfill that vision required in
 9839  s. 14.2015(2)(e).
 9840         (f) If after consideration of the completed study required
 9841  in paragraph (c) and the input derived from consultation with
 9842  the sector-business network in paragraph (d) and the quarterly
 9843  meeting as required in paragraph (e), the board of directors of
 9844  the Jobs Florida Partnership Enterprise Florida, Inc., finds
 9845  that the sector will have exceptionally large and widespread
 9846  benefits to the state and its citizens, relative to any public
 9847  costs; that the sector is characterized by the types of
 9848  facilities that require exceptionally large investments and
 9849  provide employment opportunities to a relatively large number of
 9850  workers in high-quality, high-income jobs that might qualify for
 9851  a high-impact performance grant; and that given the competition
 9852  for such businesses it may be necessary for the state to be able
 9853  to offer a large inducement, such as a high-impact performance
 9854  grant, to attract such a business to the state or to encourage
 9855  businesses to continue to grow in the state, the board of
 9856  directors of the Jobs Florida Partnership Enterprise Florida,
 9857  Inc., may recommend that Jobs Florida the office consider the
 9858  designation of the sector as a high-impact business sector.
 9859         (g) Upon receiving a recommendation from the board of
 9860  directors of the Jobs Florida Partnership Enterprise Florida,
 9861  Inc., together with the study required in paragraph (c) and a
 9862  summary of the findings and recommendations of the sector
 9863  business network required in paragraph (d), including a list of
 9864  all meetings of the sector network and participants in those
 9865  meetings and the findings and recommendations from the quarterly
 9866  meeting as required in paragraph (e), Jobs Florida the Office
 9867  shall after a thorough evaluation of the study and accompanying
 9868  materials report its findings and either concur in the
 9869  recommendation of the Jobs Florida Partnership Enterprise
 9870  Florida, Inc., and designate the sector as a high-impact
 9871  business sector or notify the Jobs Florida Partnership
 9872  Enterprise Florida, Inc., that it does not concur and deny the
 9873  board’s request for designation or return the recommendation and
 9874  study to the Jobs Florida Partnership Enterprise Florida, Inc.,
 9875  for further evaluation. In any case, Jobs Florida’s the
 9876  director’s decision must be in writing and justify the reasons
 9877  for the decision.
 9878         (h) If Jobs Florida the Office designates the sector as a
 9879  high-impact sector, it shall, within 30 days, notify the
 9880  Governor, the President of the Senate, and the Speaker of the
 9881  House of Representatives of its decision and provide a complete
 9882  report on its decision, including copies of the material
 9883  provided by the Jobs Florida Partnership Enterprise Florida,
 9884  Inc., and Jobs Florida’s the Office of Tourism, Trade, and
 9885  Economic Development’s evaluation and comment on any statutory
 9886  or policy changes recommended by the Jobs Florida Partnership
 9887  Enterprise Florida, Inc.
 9888         (i) For the purposes of this subsection, a high-impact
 9889  sector consists of the silicon technology sector that the Jobs
 9890  Florida Partnership Enterprise Florida, Inc., has found to be
 9891  focused around the type of high-impact businesses for which the
 9892  incentive created in this subsection is required and will create
 9893  the kinds of sector and economy wide benefits that justify the
 9894  use of state resources to encourage these investments and
 9895  require substantial inducements to compete with the incentive
 9896  packages offered by other states and nations.
 9897         (7) RULEMAKING.—Jobs Florida the Office may adopt rules
 9898  necessary to carry out the provisions of this section.
 9899         Section 147. Subsection (1), paragraph (f) of subsection
 9900  (2), and subsections (4), (5), and (9) of section 288.1083,
 9901  Florida Statutes, are amended, and present paragraph (g) of
 9902  subsection (2) is redesignated as paragraph (f), to read:
 9903         288.1083 Manufacturing and Spaceport Investment Incentive
 9904  Program.—
 9905         (1) The Manufacturing and Spaceport Investment Incentive
 9906  Program is created within Jobs Florida the office of Tourism,
 9907  Trade, and Economic Development. The purpose of the program is
 9908  to encourage capital investment and job creation in
 9909  manufacturing and spaceport activities in this state.
 9910         (2) As used in this section, the term:
 9911         (f) “Office” means the Office of Tourism, Trade, and
 9912  Economic Development.
 9913         (4) To receive a refund, a business entity must first apply
 9914  to Jobs Florida the office for a tax refund allocation. The
 9915  entity shall provide such information in the application as
 9916  reasonably required by Jobs Florida the office. Further, the
 9917  business entity shall provide such information as is required by
 9918  Jobs Florida the office to establish the cost incurred and
 9919  actual sales and use tax paid to purchase eligible equipment
 9920  located and placed into service in this state during its taxable
 9921  year that began in 2008.
 9922         (a) Within 30 days after Jobs Florida the office receives
 9923  an application for a refund, Jobs Florida the office shall
 9924  approve or disapprove the application.
 9925         (b) Refund allocations made during the 2010-2011 fiscal
 9926  year shall be awarded in the same order in which applications
 9927  are received. Eligible entities may apply to Jobs Florida the
 9928  office beginning July 1, 2010, for refunds attributable to
 9929  eligible equipment purchases made during the 2010-2011 fiscal
 9930  year. For the 2010-2011 fiscal year, Jobs Florida the office
 9931  shall allocate the maximum amount of $50,000 per entity until
 9932  the entire $19 million available for refund in state fiscal year
 9933  2010-2011 has been allocated. If the total amount available for
 9934  allocation during the 2010-2011 fiscal year is allocated, Jobs
 9935  Florida the office shall continue taking applications. Each
 9936  applicant shall be informed of its place in the queue and
 9937  whether the applicant received an allocation of the eligible
 9938  funds.
 9939         (c) Refund allocations made during the 2011-2012 fiscal
 9940  year shall first be given to any applicants remaining in the
 9941  queue from the prior fiscal year. Jobs Florida The office shall
 9942  allocate the maximum amount of $50,000 per entity, first to
 9943  those applicants that remained in the queue from 2010-2011 for
 9944  eligible purchases in 2010-2011, then to applicants for 2011
 9945  2012 in the order applications are received for eligible
 9946  purchases in 2011-2012. Jobs Florida The office shall allocate
 9947  the maximum amount of $50,000 per entity until the entire $24
 9948  million available to be allocated for refund in the 2011-2012
 9949  fiscal year is allocated. If the total amount available for
 9950  refund in 2011-2012 has been allocated, Jobs Florida The office
 9951  shall continue to accept applications from eligible entities in
 9952  the 2011-2012 fiscal year for refunds attributable to eligible
 9953  equipment purchases made during the 2011-2012 fiscal year.
 9954  Refund allocations made during the 2011-2012 fiscal year shall
 9955  be awarded in the same order in which applications are received.
 9956  Upon submitting an application, each applicant shall be informed
 9957  of its place in the queue and whether the applicant has received
 9958  an allocation of the eligible funds.
 9959         (5) Upon completion of eligible equipment purchases, a
 9960  business entity that received a refund allocation from Jobs
 9961  Florida the office must apply to Jobs Florida the office for
 9962  certification of a refund. For eligible equipment purchases made
 9963  during the 2010-2011 fiscal year, the application for
 9964  certification must be made no later than September 1, 2011. For
 9965  eligible equipment purchases made during the 2011-2012 fiscal
 9966  year, the application for certification must be made no later
 9967  than September 1, 2012. The application shall provide such
 9968  documentation as is reasonably required by Jobs Florida the
 9969  office to calculate the refund amount, including documentation
 9970  necessary to confirm the cost of eligible equipment purchases
 9971  supporting the claim of the sales and use tax paid thereon.
 9972  Further, the business entity shall provide such documentation as
 9973  required by Jobs Florida the office to establish the entity’s
 9974  base year purchases. If, upon reviewing the application, Jobs
 9975  Florida the office determines that eligible equipment purchases
 9976  did not occur, that the amount of tax claimed to have been paid
 9977  or remitted on the eligible equipment purchases is not supported
 9978  by the documentation provided, or that the information provided
 9979  to Jobs Florida the office was otherwise inaccurate, the amount
 9980  of the refund allocation not substantiated shall not be
 9981  certified. Otherwise, Jobs Florida the office shall determine
 9982  and certify the amount of the refund to the eligible entity and
 9983  to the department within 30 days after Jobs Florida the office
 9984  receives the application for certification.
 9985         (9) Jobs Florida The office shall adopt emergency rules
 9986  governing applications for, issuance of, and procedures for
 9987  allocation and certification and may establish guidelines as to
 9988  the requisites for demonstrating base year purchases and
 9989  eligible equipment purchases.
 9990         Section 148. Subsections (2) and (3) of section 288.1088,
 9991  Florida Statutes, are amended to read:
 9992         288.1088 Quick Action Closing Fund.—
 9993         (2) There is created within Jobs Florida the Office of
 9994  Tourism, Trade, and Economic Development the Quick Action
 9995  Closing Fund. Projects eligible for receipt of funds from the
 9996  Quick Action Closing Fund shall:
 9997         (a) Be in an industry as referenced in s. 288.106.
 9998         (b) Have a positive economic benefit payback ratio of at
 9999  least 5 to 1.
10000         (c) Be an inducement to the project’s location or expansion
10001  in the state.
10002         (d) Pay an average annual wage of at least 125 percent of
10003  the areawide or statewide private sector average wage.
10004         (e) Be supported by the local community in which the
10005  project is to be located.
10006         (3)(a) Jobs Florida and the Jobs Florida Partnership
10007  Enterprise Florida, Inc., shall jointly review applications
10008  pursuant to s. 288.061 and determine the eligibility of each
10009  project consistent with the criteria in subsection (2). Jobs
10010  Florida Enterprise Florida, Inc., in consultation with the Jobs
10011  Florida Partnership, Inc., the Office of Tourism, Trade, and
10012  Economic Development, may waive these criteria:
10013         1. Based on extraordinary circumstances;
10014         2. In order to mitigate the impact of the conclusion of the
10015  space shuttle program; or
10016         3. In rural areas of critical economic concern if the
10017  project would significantly benefit the local or regional
10018  economy.
10019         (b) Jobs Florida and the Jobs Florida Partnership
10020  Enterprise Florida, Inc., shall jointly evaluate individual
10021  proposals for high-impact business facilities and forward
10022  recommendations regarding the use of moneys in the fund for such
10023  facilities to the director of the Office of Tourism, Trade, and
10024  Economic Development. Such evaluation and recommendation must
10025  include, but need not be limited to:
10026         1. A description of the type of facility or infrastructure,
10027  its operations, and the associated product or service associated
10028  with the facility.
10029         2. The number of full-time-equivalent jobs that will be
10030  created by the facility and the total estimated average annual
10031  wages of those jobs or, in the case of privately developed rural
10032  infrastructure, the types of business activities and jobs
10033  stimulated by the investment.
10034         3. The cumulative amount of investment to be dedicated to
10035  the facility within a specified period.
10036         4. A statement of any special impacts the facility is
10037  expected to stimulate in a particular business sector in the
10038  state or regional economy or in the state’s universities and
10039  community colleges.
10040         5. A statement of the role the incentive is expected to
10041  play in the decision of the applicant business to locate or
10042  expand in this state or for the private investor to provide
10043  critical rural infrastructure.
10044         6. A report evaluating the quality and value of the company
10045  submitting a proposal. The report must include:
10046         a. A financial analysis of the company, including an
10047  evaluation of the company’s short-term liquidity ratio as
10048  measured by its assets to liability, the company’s profitability
10049  ratio, and the company’s long-term solvency as measured by its
10050  debt-to-equity ratio;
10051         b. The historical market performance of the company;
10052         c. A review of any independent evaluations of the company;
10053         d. A review of the latest audit of the company’s financial
10054  statement and the related auditor’s management letter; and
10055         e. A review of any other types of audits that are related
10056  to the internal and management controls of the company.
10057         (c)1. Within 7 business 22 calendar days after evaluating a
10058  project, Jobs Florida receiving the evaluation and
10059  recommendation from Enterprise Florida, Inc., the director of
10060  the Office of Tourism, Trade, and Economic Development shall
10061  recommend to the Governor approval or disapproval of a project
10062  for receipt of funds from the Quick Action Closing Fund. In
10063  recommending a project, Jobs Florida the director shall include
10064  proposed performance conditions that the project must meet to
10065  obtain incentive funds.
10066         2. The Governor may approve projects without consulting the
10067  Legislature for projects requiring less than $1 million in
10068  funding.
10069         3. For projects requiring funding in the amount of $1
10070  million to $5 million, the Governor shall provide a written the
10071  description and evaluation of a project projects recommended for
10072  approval to the President of the Senate, and the Speaker of the
10073  House of Representatives, and the chairs of the Senate and House
10074  appropriations committees that oversee economic development
10075  funding, and, no sooner than 3 days subsequent to providing the
10076  written project descriptions and evaluations, shall consult with
10077  the President of the Senate and the Speaker of the House of
10078  Representatives before giving final approval for a project. At
10079  least 14 days before releasing funds for a project, the
10080  Executive Office of the Governor shall recommend approval of the
10081  project and the release of funds by delivering notice of such
10082  action pursuant to the legislative consultation and review
10083  requirements set forth in s. 216.177. The recommendation must
10084  include proposed performance conditions that the project must
10085  meet in order to obtain funds.
10086         4. If the chair or vice chair of the Legislative Budget
10087  Commission or the President of the Senate or the Speaker of the
10088  House of Representatives timely advises the Executive Office of
10089  the Governor, in writing, that such action or proposed action
10090  exceeds the delegated authority of the Executive Office of the
10091  Governor or is contrary to legislative policy or intent, the
10092  Executive Office of the Governor shall void the release of funds
10093  and instruct Jobs Florida the Office of Tourism, Trade, and
10094  Economic Development to immediately change such action or
10095  proposed action until the Legislative Budget Commission or the
10096  Legislature addresses the issue. Notwithstanding such
10097  requirement, any project exceeding $5 million $2,000,000 must be
10098  approved by the Legislative Budget Commission prior to the funds
10099  being released.
10100         (d) Upon the approval of the Governor, Jobs Florida the
10101  director of the Office of Tourism, Trade, and Economic
10102  Development and the business shall enter into a contract that
10103  sets forth the conditions for payment of moneys from the fund.
10104  The contract must include the total amount of funds awarded; the
10105  performance conditions that must be met to obtain the award,
10106  including, but not limited to, net new employment in the state,
10107  average salary, and total capital investment; demonstrate a
10108  baseline of current service and a measure of enhanced
10109  capability; the methodology for validating performance; the
10110  schedule of payments from the fund; and sanctions for failure to
10111  meet performance conditions. The contract must provide that
10112  payment of moneys from the fund is contingent upon sufficient
10113  appropriation of funds by the Legislature.
10114         (e) The Jobs Florida Partnership Enterprise Florida, Inc.,
10115  shall validate contractor performance. Such validation shall be
10116  reported within 6 months after completion of the contract to the
10117  Governor, President of the Senate, and the Speaker of the House
10118  of Representatives.
10119         Section 149. Subsection (1), paragraphs (b), (f), and (o)
10120  of subsection (2), and subsections (3), through (9), (11), and
10121  (12) of section 288.1089, Florida Statutes, are amended, and
10122  present paragraphs (g) through (n) and (p) through (s) of
10123  subsection (2) are redesignated as paragraphs (f) through (p),
10124  respectively, to read:
10125         288.1089 Innovation Incentive Program.—
10126         (1) The Innovation Incentive Program is created within Jobs
10127  Florida the Office of Tourism, Trade, and Economic Development
10128  to ensure that sufficient resources are available to allow the
10129  state to respond expeditiously to extraordinary economic
10130  opportunities and to compete effectively for high-value research
10131  and development, innovation business, and alternative and
10132  renewal energy projects.
10133         (2) As used in this section, the term:
10134         (b) “Average private sector wage” means the statewide
10135  average wage in the private sector or the average of all private
10136  sector wages in the county or in the standard metropolitan area
10137  in which the project is located as determined by Jobs Florida
10138  the Agency for Workforce Innovation.
10139         (f) “Director” means the director of the Office of Tourism,
10140  Trade, and Economic Development.
10141         (o) “Office” means the Office of Tourism, Trade, and
10142  Economic Development.
10143         (3) To be eligible for consideration for an innovation
10144  incentive award, an innovation business, a research and
10145  development entity, or an alternative and renewable energy
10146  company must submit a written application to the Jobs Florida
10147  Partnership Enterprise Florida, Inc., before making a decision
10148  to locate new operations in this state or expand an existing
10149  operation in this state. The application must include, but not
10150  be limited to:
10151         (a) The applicant’s federal employer identification number,
10152  unemployment account number, and state sales tax registration
10153  number. If such numbers are not available at the time of
10154  application, they must be submitted to Jobs Florida the office
10155  in writing prior to the disbursement of any payments under this
10156  section.
10157         (b) The location in this state at which the project is
10158  located or is to be located.
10159         (c) A description of the type of business activity,
10160  product, or research and development undertaken by the
10161  applicant, including six-digit North American Industry
10162  Classification System codes for all activities included in the
10163  project.
10164         (d) The applicant’s projected investment in the project.
10165         (e) The total investment, from all sources, in the project.
10166         (f) The number of net new full-time equivalent jobs in this
10167  state the applicant anticipates having created as of December 31
10168  of each year in the project and the average annual wage of such
10169  jobs.
10170         (g) The total number of full-time equivalent employees
10171  currently employed by the applicant in this state, if
10172  applicable.
10173         (h) The anticipated commencement date of the project.
10174         (i) A detailed explanation of why the innovation incentive
10175  is needed to induce the applicant to expand or locate in the
10176  state and whether an award would cause the applicant to locate
10177  or expand in this state.
10178         (j) If applicable, an estimate of the proportion of the
10179  revenues resulting from the project that will be generated
10180  outside this state.
10181         (4) To qualify for review by Jobs Florida the office, the
10182  applicant must, at a minimum, establish the following to the
10183  satisfaction of Jobs Florida and the Jobs Florida Partnership
10184  Enterprise Florida, Inc., and the office:
10185         (a) The jobs created by the project must pay an estimated
10186  annual average wage equaling at least 130 percent of the average
10187  private sector wage. Jobs Florida The office may waive this
10188  average wage requirement at the request of the Jobs Florida
10189  Partnership Enterprise Florida, Inc., for a project located in a
10190  rural area, a brownfield area, or an enterprise zone, when the
10191  merits of the individual project or the specific circumstances
10192  in the community in relationship to the project warrant such
10193  action. A recommendation for waiver by the Jobs Florida
10194  Partnership Enterprise Florida, Inc., must include a specific
10195  justification for the waiver and be transmitted to Jobs Florida
10196  the office in writing. If Jobs Florida the director elects to
10197  waive the wage requirement, the waiver must be stated in writing
10198  and the reasons for granting the waiver must be explained.
10199         (b) A research and development project must:
10200         1. Serve as a catalyst for an emerging or evolving
10201  technology cluster.
10202         2. Demonstrate a plan for significant higher education
10203  collaboration.
10204         3. Provide the state, at a minimum, a break-even return on
10205  investment within a 20-year period.
10206         4. Be provided with a one-to-one match from the local
10207  community. The match requirement may be reduced or waived in
10208  rural areas of critical economic concern or reduced in rural
10209  areas, brownfield areas, and enterprise zones.
10210         (c) An innovation business project in this state, other
10211  than a research and development project, must:
10212         1.a. Result in the creation of at least 1,000 direct, new
10213  jobs at the business; or
10214         b. Result in the creation of at least 500 direct, new jobs
10215  if the project is located in a rural area, a brownfield area, or
10216  an enterprise zone.
10217         2. Have an activity or product that is within an industry
10218  that is designated as a target industry business under s.
10219  288.106 or a designated sector under s. 288.108.
10220         3.a. Have a cumulative investment of at least $500 million
10221  within a 5-year period; or
10222         b. Have a cumulative investment that exceeds $250 million
10223  within a 10-year period if the project is located in a rural
10224  area, brownfield area, or an enterprise zone.
10225         4. Be provided with a one-to-one match from the local
10226  community. The match requirement may be reduced or waived in
10227  rural areas of critical economic concern or reduced in rural
10228  areas, brownfield areas, and enterprise zones.
10229         (d) For an alternative and renewable energy project in this
10230  state, the project must:
10231         1. Demonstrate a plan for significant collaboration with an
10232  institution of higher education;
10233         2. Provide the state, at a minimum, a break-even return on
10234  investment within a 20-year period;
10235         3. Include matching funds provided by the applicant or
10236  other available sources. The match requirement may be reduced or
10237  waived in rural areas of critical economic concern or reduced in
10238  rural areas, brownfield areas, and enterprise zones;
10239         4. Be located in this state; and
10240         5. Provide at least 35 direct, new jobs that pay an
10241  estimated annual average wage that equals at least 130 percent
10242  of the average private sector wage.
10243         (5) The Jobs Florida Partnership Enterprise Florida, Inc.,
10244  shall evaluate proposals for all three categories of innovation
10245  incentive awards and transmit recommendations for awards to Jobs
10246  Florida the office. Before making its recommendations on
10247  alternative and renewable energy projects, the Jobs Florida
10248  Partnership, Inc., Enterprise Florida, Inc., shall solicit
10249  comments and recommendations from the Florida Energy and Climate
10250  Commission. For each project, the evaluation and recommendation
10251  to Jobs Florida the office must include, but need not be limited
10252  to:
10253         (a) A description of the project, its required facilities,
10254  and the associated product, service, or research and development
10255  associated with the project.
10256         (b) The percentage of match provided for the project.
10257         (c) The number of full-time equivalent jobs that will be
10258  created by the project, the total estimated average annual wages
10259  of such jobs, and the types of business activities and jobs
10260  likely to be stimulated by the project.
10261         (d) The cumulative investment to be dedicated to the
10262  project within 5 years and the total investment expected in the
10263  project if more than 5 years.
10264         (e) The projected economic and fiscal impacts on the local
10265  and state economies relative to investment.
10266         (f) A statement of any special impacts the project is
10267  expected to stimulate in a particular business sector in the
10268  state or regional economy or in the state’s universities and
10269  community colleges.
10270         (g) A statement of any anticipated or proposed
10271  relationships with state universities.
10272         (h) A statement of the role the incentive is expected to
10273  play in the decision of the applicant to locate or expand in
10274  this state.
10275         (i) A recommendation and explanation of the amount of the
10276  award needed to cause the applicant to expand or locate in this
10277  state.
10278         (j) A discussion of the efforts and commitments made by the
10279  local community in which the project is to be located to induce
10280  the applicant’s location or expansion, taking into consideration
10281  local resources and abilities.
10282         (k) A recommendation for specific performance criteria the
10283  applicant would be expected to achieve in order to receive
10284  payments from the fund and penalties or sanctions for failure to
10285  meet or maintain performance conditions.
10286         (l) Additional evaluative criteria for a research and
10287  development facility project, including:
10288         1. A description of the extent to which the project has the
10289  potential to serve as catalyst for an emerging or evolving
10290  cluster.
10291         2. A description of the extent to which the project has or
10292  could have a long-term collaborative research and development
10293  relationship with one or more universities or community colleges
10294  in this state.
10295         3. A description of the existing or projected impact of the
10296  project on established clusters or targeted industry sectors.
10297         4. A description of the project’s contribution to the
10298  diversity and resiliency of the innovation economy of this
10299  state.
10300         5. A description of the project’s impact on special needs
10301  communities, including, but not limited to, rural areas,
10302  distressed urban areas, and enterprise zones.
10303         (m) Additional evaluative criteria for alternative and
10304  renewable energy proposals, including:
10305         1. The availability of matching funds or other in-kind
10306  contributions applied to the total project from an applicant.
10307  The commission shall give greater preference to projects that
10308  provide such matching funds or other in-kind contributions.
10309         2. The degree to which the project stimulates in-state
10310  capital investment and economic development in metropolitan and
10311  rural areas, including the creation of jobs and the future
10312  development of a commercial market for renewable energy
10313  technologies.
10314         3. The extent to which the proposed project has been
10315  demonstrated to be technically feasible based on pilot project
10316  demonstrations, laboratory testing, scientific modeling, or
10317  engineering or chemical theory that supports the proposal.
10318         4. The degree to which the project incorporates an
10319  innovative new technology or an innovative application of an
10320  existing technology.
10321         5. The degree to which a project generates thermal,
10322  mechanical, or electrical energy by means of a renewable energy
10323  resource that has substantial long-term production potential.
10324         6. The degree to which a project demonstrates efficient use
10325  of energy and material resources.
10326         7. The degree to which the project fosters overall
10327  understanding and appreciation of renewable energy technologies.
10328         8. The ability to administer a complete project.
10329         9. Project duration and timeline for expenditures.
10330         10. The geographic area in which the project is to be
10331  conducted in relation to other projects.
10332         11. The degree of public visibility and interaction.
10333         (6) In consultation with the Jobs Florida Partnership,
10334  Inc., Jobs Florida Enterprise Florida, Inc., the office may
10335  negotiate the proposed amount of an award for any applicant
10336  meeting the requirements of this section. In negotiating such
10337  award, Jobs Florida the office shall consider the amount of the
10338  incentive needed to cause the applicant to locate or expand in
10339  this state in conjunction with other relevant applicant impact
10340  and cost information and analysis as described in this section.
10341  Particular emphasis shall be given to the potential for the
10342  project to stimulate additional private investment and high
10343  quality employment opportunities in the area.
10344         (7) Upon receipt of the evaluation and recommendation from
10345  the Jobs Florida Partnership, Inc., Jobs Florida Enterprise
10346  Florida, Inc., the director shall recommend to the Governor the
10347  approval or disapproval of an award. In recommending approval of
10348  an award, Jobs Florida the director shall include proposed
10349  performance conditions that the applicant must meet in order to
10350  obtain incentive funds and any other conditions that must be met
10351  before the receipt of any incentive funds. The Governor shall
10352  consult with the President of the Senate and the Speaker of the
10353  House of Representatives before giving approval for an award.
10354  Upon review and approval of an award by the Legislative Budget
10355  Commission, the Executive Office of the Governor shall release
10356  the funds.
10357         (8)(a) After the conditions set forth in subsection (7)
10358  have been met, Jobs Florida the director shall issue a letter
10359  certifying the applicant as qualified for an award. Jobs Florida
10360  the office and the award recipient shall enter into an agreement
10361  that sets forth the conditions for payment of the incentive
10362  funds. The agreement must include, at a minimum:
10363         1. The total amount of funds awarded.
10364         2. The performance conditions that must be met in order to
10365  obtain the award or portions of the award, including, but not
10366  limited to, net new employment in the state, average wage, and
10367  total cumulative investment.
10368         3. Demonstration of a baseline of current service and a
10369  measure of enhanced capability.
10370         4. The methodology for validating performance.
10371         5. The schedule of payments.
10372         6. Sanctions for failure to meet performance conditions,
10373  including any clawback provisions.
10374         (b) Additionally, agreements signed on or after July 1,
10375  2009, must include the following provisions:
10376         1. Notwithstanding subsection (4), a requirement that the
10377  jobs created by the recipient of the incentive funds pay an
10378  annual average wage at least equal to the relevant industry’s
10379  annual average wage or at least 130 percent of the average
10380  private sector wage, whichever is greater.
10381         2. A reinvestment requirement. Each recipient of an award
10382  shall reinvest up to 15 percent of net royalty revenues,
10383  including revenues from spin-off companies and the revenues from
10384  the sale of stock it receives from the licensing or transfer of
10385  inventions, methods, processes, and other patentable discoveries
10386  conceived or reduced to practice using its facilities in Florida
10387  or its Florida-based employees, in whole or in part, and to
10388  which the recipient of the grant becomes entitled during the 20
10389  years following the effective date of its agreement with the
10390  office. Each recipient of an award also shall reinvest up to 15
10391  percent of the gross revenues it receives from naming
10392  opportunities associated with any facility it builds in this
10393  state. Reinvestment payments shall commence no later than 6
10394  months after the recipient of the grant has received the final
10395  disbursement under the contract and shall continue until the
10396  maximum reinvestment, as specified in the contract, has been
10397  paid. Reinvestment payments shall be remitted to Jobs Florida
10398  the office for deposit in the Biomedical Research Trust Fund for
10399  companies specializing in biomedicine or life sciences, or in
10400  the Economic Development Trust Fund for companies specializing
10401  in fields other than biomedicine or the life sciences. If these
10402  trust funds no longer exist at the time of the reinvestment, the
10403  state’s share of reinvestment shall be deposited in their
10404  successor trust funds as determined by law. Each recipient of an
10405  award shall annually submit a schedule of the shares of stock
10406  held by it as payment of the royalty required by this paragraph
10407  and report on any trades or activity concerning such stock. Each
10408  recipient’s reinvestment obligations survive the expiration or
10409  termination of its agreement with the state.
10410         3. Requirements for the establishment of internship
10411  programs or other learning opportunities for educators and
10412  secondary, postsecondary, graduate, and doctoral students.
10413         4. A requirement that the recipient submit quarterly
10414  reports and annual reports related to activities and performance
10415  to Jobs Florida the office, according to standardized reporting
10416  periods.
10417         5. A requirement for an annual accounting to Jobs Florida
10418  the Office of the expenditure of funds disbursed under this
10419  section.
10420         6. A process for amending the agreement.
10421         (9) Jobs Florida, assisted by the Jobs Florida Partnership
10422  Enterprise Florida, Inc., shall validate assist the Office in
10423  validating the performance of an innovation business, a research
10424  and development facility, or an alternative and renewable energy
10425  business that has received an award. At the conclusion of the
10426  innovation incentive award agreement, or its earlier
10427  termination, Jobs Florida Enterprise Florida, Inc., shall,
10428  within 90 days, submit a report to the Governor, the President
10429  of the Senate, and the Speaker of the House of Representatives
10430  detailing whether the recipient of the innovation incentive
10431  grant achieved its specified outcomes.
10432         (11)(a) On January 5 of each year, Jobs Florida Beginning
10433  January 5, 2010, and every year thereafter, the office shall
10434  submit to the Governor, the President of the Senate, and the
10435  Speaker of the House of Representatives a report summarizing the
10436  activities and accomplishments of the recipients of grants from
10437  the Innovation Incentive Program during the previous 12 months
10438  and an evaluation by the office of whether the recipients are
10439  catalysts for additional direct and indirect economic
10440  development in Florida.
10441         (b) Beginning March 1, 2010, and every third year
10442  thereafter, the Office of Program Policy Analysis and Government
10443  Accountability, in consultation with the Auditor General’s
10444  Office, shall release a report evaluating the Innovation
10445  Incentive Program’s progress toward creating clusters of high
10446  wage, high-skilled, complementary industries that serve as
10447  catalysts for economic growth specifically in the regions in
10448  which they are located, and generally for the state as a whole.
10449  Such report should include critical analyses of quarterly and
10450  annual reports, annual audits, and other documents prepared by
10451  the Innovation Incentive Program awardees; relevant economic
10452  development reports prepared by Jobs Florida, the Jobs Florida
10453  Partnership the office, Enterprise Florida, Inc., and local or
10454  regional economic development organizations; interviews with the
10455  parties involved; and any other relevant data. Such report
10456  should also include legislative recommendations, if necessary,
10457  on how to improve the Innovation Incentive Program so that the
10458  program reaches its anticipated potential as a catalyst for
10459  direct and indirect economic development in this state.
10460         (12) Jobs Florida the office may seek the assistance of the
10461  Office of Program Policy Analysis and Government Accountability,
10462  the Legislature’s Office of Economic and Demographic Research,
10463  and other entities for the purpose of developing performance
10464  measures or techniques to quantify the synergistic economic
10465  development impacts that awardees of grants are having within
10466  their communities.
10467         Section 150. Section 288.1095, Florida Statutes, is amended
10468  to read:
10469         288.1095 Information concerning the One-Stop Permitting
10470  System.—Jobs Florida The Office of Tourism, Trade, and Economic
10471  Development shall develop literature that explains the One-Stop
10472  Permitting System and identifies those counties that have been
10473  designated as Quick Permitting Counties. The literature must be
10474  updated at least once each year. To the maximum extent feasible,
10475  state agencies and the Jobs Florida Partnership Enterprise
10476  Florida, Inc., shall distribute such literature and inform the
10477  public of the One-Stop Permitting System and the Quick
10478  Permitting Counties. In addition, the Jobs Florida Partnership
10479  Enterprise Florida, Inc., shall provide this information to
10480  prospective, new, expanding, and relocating businesses seeking
10481  to conduct business in this state, municipalities, counties,
10482  economic-development organizations, and chambers of commerce.
10483         Section 151. Subsections (1) and (2), paragraphs (d) and
10484  (e) of subsection (4), paragraph (a) of subsection (6), and
10485  subsection (8) of section 288.1162, Florida Statutes, are
10486  amended to read:
10487         288.1162 Professional sports franchises; duties.—
10488         (1) The Division of Strategic Business Development of Jobs
10489  Florida Office of Tourism, Trade, and Economic Development shall
10490  serve as the state agency for screening applicants for state
10491  funding under s. 212.20 and for certifying an applicant as a
10492  facility for a new or retained professional sports franchise.
10493         (2) The Division of Strategic Business Development of Jobs
10494  Florida Office of Tourism, Trade, and Economic Development shall
10495  develop rules for the receipt and processing of applications for
10496  funding under s. 212.20.
10497         (4) Before certifying an applicant as a facility for a new
10498  or retained professional sports franchise, the Division of
10499  Strategic Business Development of Jobs Florida Office of
10500  Tourism, Trade, and Economic Development must determine that:
10501         (d) The applicant has projections, verified by the Division
10502  of Strategic Business Development of Jobs Florida Office of
10503  Tourism, Trade, and Economic Development, which demonstrate that
10504  the new or retained professional sports franchise will attract a
10505  paid attendance of more than 300,000 annually.
10506         (e) The applicant has an independent analysis or study,
10507  verified by the Division of Strategic Business Development of
10508  Jobs Florida Office of Tourism, Trade, and Economic Development,
10509  which demonstrates that the amount of the revenues generated by
10510  the taxes imposed under chapter 212 with respect to the use and
10511  operation of the professional sports franchise facility will
10512  equal or exceed $2 million annually.
10513         (6)(a) The Division of Strategic Business Development of
10514  Jobs Florida Office of Tourism, Trade, and Economic Development
10515  shall notify the Department of Revenue of any facility certified
10516  as a facility for a new or retained professional sports
10517  franchise. The Division of Strategic Business Development of
10518  Jobs Florida Office of Tourism, Trade, and Economic Development
10519  shall certify no more than eight facilities as facilities for a
10520  new professional sports franchise or as facilities for a
10521  retained professional sports franchise, including in the total
10522  any facilities certified by the former Department of Commerce
10523  before July 1, 1996. The division office may make no more than
10524  one certification for any facility.
10525         (8) An applicant is not qualified for certification under
10526  this section if the franchise formed the basis for a previous
10527  certification, unless the previous certification was withdrawn
10528  by the facility or invalidated by the Division of Strategic
10529  Business Development of Jobs Florida Office of Tourism, Trade,
10530  and Economic Development or the former Department of Commerce
10531  before any funds were distributed under s. 212.20. This
10532  subsection does not disqualify an applicant if the previous
10533  certification occurred between May 23, 1993, and May 25, 1993;
10534  however, any funds to be distributed under s. 212.20 for the
10535  second certification shall be offset by the amount distributed
10536  to the previous certified facility. Distribution of funds for
10537  the second certification shall not be made until all amounts
10538  payable for the first certification are distributed.
10539         Section 152. Subsections (1), (2), (4), (5), (6), (7), and
10540  (8) of section 288.11621, Florida Statutes, are amended to read:
10541         288.11621 Spring training baseball franchises.—
10542         (1) DEFINITIONS.—As used in this section, the term:
10543         (a) “Agreement” means a certified, signed lease between an
10544  applicant that applies for certification on or after July 1,
10545  2010, and the spring training franchise for the use of a
10546  facility.
10547         (b) “Applicant” means a unit of local government as defined
10548  in s. 218.369, including local governments located in the same
10549  county that have partnered with a certified applicant before the
10550  effective date of this section or with an applicant for a new
10551  certification, for purposes of sharing in the responsibilities
10552  of a facility.
10553         (c) “Certified applicant” means a facility for a spring
10554  training franchise that was certified before July 1, 2010, under
10555  s. 288.1162(5), Florida Statutes 2009, or a unit of local
10556  government that is certified under this section.
10557         (d) “Facility” means a spring training stadium, playing
10558  fields, and appurtenances intended to support spring training
10559  activities.
10560         (e) “Local funds” and “local matching funds” mean funds
10561  provided by a county, municipality, or other local government.
10562         (f) “Office” means The Office of Tourism, Trade, and
10563  Economic Development.
10564         (2) CERTIFICATION PROCESS.—
10565         (a) Before certifying an applicant to receive state funding
10566  for a facility for a spring training franchise, Jobs Florida the
10567  Office must verify that:
10568         1. The applicant is responsible for the acquisition,
10569  construction, management, or operation of the facility for a
10570  spring training franchise or holds title to the property on
10571  which the facility for a spring training franchise is located.
10572         2. The applicant has a certified copy of a signed agreement
10573  with a spring training franchise for the use of the facility for
10574  a term of at least 20 years. The agreement also must require the
10575  franchise to reimburse the state for state funds expended by an
10576  applicant under this section if the franchise relocates before
10577  the agreement expires. The agreement may be contingent on an
10578  award of funds under this section and other conditions
10579  precedent.
10580         3. The applicant has made a financial commitment to provide
10581  50 percent or more of the funds required by an agreement for the
10582  acquisition, construction, or renovation of the facility for a
10583  spring training franchise. The commitment may be contingent upon
10584  an award of funds under this section and other conditions
10585  precedent.
10586         4. The applicant demonstrates that the facility for a
10587  spring training franchise will attract a paid attendance of at
10588  least 50,000 annually to the spring training games.
10589         5. The facility for a spring training franchise is located
10590  in a county that levies a tourist development tax under s.
10591  125.0104.
10592         (b) Jobs Florida The office shall competitively evaluate
10593  applications for state funding of a facility for a spring
10594  training franchise. The total number of certifications may not
10595  exceed 10 at any time. The evaluation criteria must include,
10596  with priority given in descending order to, the following items:
10597         1. The anticipated effect on the economy of the local
10598  community where the spring training facility is to be built,
10599  including projections on paid attendance, local and state tax
10600  collections generated by spring training games, and direct and
10601  indirect job creation resulting from the spring training
10602  activities. Priority shall be given to applicants who can
10603  demonstrate the largest projected economic impact.
10604         2. The amount of the local matching funds committed to a
10605  facility relative to the amount of state funding sought, with
10606  priority given to applicants that commit the largest amount of
10607  local matching funds relative to the amount of state funding
10608  sought.
10609         3. The potential for the facility to serve multiple uses.
10610         4. The intended use of the funds by the applicant, with
10611  priority given to the funds being used to acquire a facility,
10612  construct a new facility, or renovate an existing facility.
10613         5. The length of time that a spring training franchise has
10614  been under an agreement to conduct spring training activities
10615  within an applicant’s geographic location or jurisdiction, with
10616  priority given to applicants having agreements with the same
10617  franchise for the longest period of time.
10618         6. The length of time that an applicant’s facility has been
10619  used by one or more spring training franchises, with priority
10620  given to applicants whose facilities have been in continuous use
10621  as facilities for spring training the longest.
10622         7. The term remaining on a lease between an applicant and a
10623  spring training franchise for a facility, with priority given to
10624  applicants having the shortest lease terms remaining.
10625         8. The length of time that a spring training franchise
10626  agrees to use an applicant’s facility if an application is
10627  granted under this section, with priority given to applicants
10628  having agreements for the longest future use.
10629         9. The net increase of total active recreation space owned
10630  by the applicant after an acquisition of land for the facility,
10631  with priority given to applicants having the largest percentage
10632  increase of total active recreation space that will be available
10633  for public use.
10634         10. The location of the facility in a brownfield, an
10635  enterprise zone, a community redevelopment area, or other area
10636  of targeted development or revitalization included in an urban
10637  infill redevelopment plan, with priority given to applicants
10638  having facilities located in these areas.
10639         (c) Each applicant certified on or after July 1, 2010,
10640  shall enter into an agreement with Jobs Florida the office that:
10641         1. Specifies the amount of the state incentive funding to
10642  be distributed.
10643         2. States the criteria that the certified applicant must
10644  meet in order to remain certified.
10645         3. States that the certified applicant is subject to
10646  decertification if the certified applicant fails to comply with
10647  this section or the agreement.
10648         4. States that Jobs Florida the office may recover state
10649  incentive funds if the certified applicant is decertified.
10650         5. Specifies information that the certified applicant must
10651  report to Jobs Florida the office.
10652         6. Includes any provision deemed prudent by Jobs Florida
10653  the office.
10654         (4) ANNUAL REPORTS.—On or before September 1 of each year,
10655  a certified applicant shall submit to Jobs Florida the office a
10656  report that includes, but is not limited to:
10657         (a) A copy of its most recent annual audit.
10658         (b) A detailed report on all local and state funds expended
10659  to date on the project being financed under this section.
10660         (c) A copy of the contract between the certified local
10661  governmental entity and the spring training team.
10662         (d) A cost-benefit analysis of the team’s impact on the
10663  community.
10664         (e) Evidence that the certified applicant continues to meet
10665  the criteria in effect when the applicant was certified.
10666         (5) DECERTIFICATION.—
10667         (a) Jobs Florida The office shall decertify a certified
10668  applicant upon the request of the certified applicant.
10669         (b) Jobs Florida The office shall decertify a certified
10670  applicant if the certified applicant does not:
10671         1. Have a valid agreement with a spring training franchise;
10672  or
10673         2. Satisfy its commitment to provide local matching funds
10674  to the facility.
10675  
10676  However, decertification proceedings against a local government
10677  certified before July 1, 2010, shall be delayed until 12 months
10678  after the expiration of the local government’s existing
10679  agreement with a spring training franchise, and without a new
10680  agreement being signed, if the certified local government can
10681  demonstrate to Jobs Florida the office that it is in active
10682  negotiations with a major league spring training franchise,
10683  other than the franchise that was the basis for the original
10684  certification.
10685         (c) A certified applicant has 60 days after it receives a
10686  notice of intent to decertify from Jobs Florida the office to
10687  petition the office’s director for review of the
10688  decertification. Within 45 days after receipt of the request for
10689  review, Jobs Florida the director must notify a certified
10690  applicant of the outcome of the review.
10691         (d) Jobs Florida the office shall notify the Department of
10692  Revenue that a certified applicant is decertified within 10 days
10693  after the order of decertification becomes final. The Department
10694  of Revenue shall immediately stop the payment of any funds under
10695  this section that were not encumbered by the certified applicant
10696  under subparagraph (3)(a)2.
10697         (e) Jobs Florida the office shall order a decertified
10698  applicant to repay all of the unencumbered state funds that the
10699  local government received under this section and any interest
10700  that accrued on those funds. The repayment must be made within
10701  60 days after the decertification order becomes final. These
10702  funds shall be deposited into the General Revenue Fund.
10703         (f) A local government as defined in s. 218.369 may not be
10704  decertified by Jobs Florida if it has paid or pledged for the
10705  payment of debt service on, or to fund debt service reserve
10706  funds, arbitrage rebate obligations, or other amounts payable
10707  with respect thereto, bonds issued for the acquisition,
10708  construction, reconstruction, or renovation of the facility for
10709  which the local government was certified, or for the
10710  reimbursement of such costs or the refinancing of bonds issued
10711  for the acquisition, construction, reconstruction, or renovation
10712  of the facility for which the local government was certified, or
10713  for the reimbursement of such costs or the refinancing of bonds
10714  issued for such purpose. This subsection does not preclude or
10715  restrict the ability of a certified local government to
10716  refinance, refund, or defease such bonds.
10717         (6) ADDITIONAL CERTIFICATIONS.—If Jobs Florida the office
10718  decertifies a unit of local government, Jobs Florida the office
10719  may accept applications for an additional certification. A unit
10720  of local government may not be certified for more than one
10721  spring training franchise at any time.
10722         (7) STRATEGIC PLANNING.—
10723         (a) Jobs Florida The office shall request assistance from
10724  the Jobs Florida Partnership, Inc., Florida Sports Foundation
10725  and the Florida Grapefruit League Association to update every 5
10726  years the spring training develop a comprehensive strategic plan
10727  that to:
10728         1. Explores alternatives for financing Finance spring
10729  training facilities.
10730         2. Evaluates and monitors Monitor and oversee the use of
10731  state funds awarded to applicants.
10732         3. Identifies Identify the financial impact that spring
10733  training has on the state and ways in which to maintain or
10734  improve that impact.
10735         4. Identifies Identify opportunities to develop public
10736  private partnerships to engage in marketing activities and
10737  advertise spring training baseball.
10738         5. Identifies Identify efforts made by other states to
10739  maintain or develop partnerships with baseball spring training
10740  teams.
10741         6. Develops Develop recommendations for the Legislature to
10742  sustain or improve this state’s spring training tradition.
10743         (b) Jobs Florida The office shall submit a copy of the
10744  updated strategic plan to the Governor, the President of the
10745  Senate, and the Speaker of the House of Representatives by
10746  December 31 of every fifth year, beginning in 2015, 2010.
10747         (8) RULEMAKING.—Jobs Florida The office shall adopt rules
10748  to implement the certification, decertification, and
10749  decertification review processes required by this section.
10750         Section 153. Subsections (1), (2), and (4) of section
10751  288.1168, Florida Statutes, are amended to read:
10752         288.1168 Professional golf hall of fame facility.—
10753         (1) The Division of Strategic Business Development of Jobs
10754  Florida Department of Commerce shall serve as the state agency
10755  for screening applicants for state funding pursuant to s. 212.20
10756  and for certifying one applicant as the professional golf hall
10757  of fame facility in the state.
10758         (2) Prior to certifying the professional golf hall of fame
10759  facility, the Division of Strategic Business Development of Jobs
10760  Florida Department of Commerce must determine that:
10761         (a) The professional golf hall of fame facility is the only
10762  professional golf hall of fame in the United States recognized
10763  by the PGA Tour, Inc.
10764         (b) The applicant is a unit of local government as defined
10765  in s. 218.369 or a private sector group that has contracted to
10766  construct or operate the professional golf hall of fame facility
10767  on land owned by a unit of local government.
10768         (c) The municipality in which the professional golf hall of
10769  fame facility is located, or the county if the facility is
10770  located in an unincorporated area, has certified by resolution
10771  after a public hearing that the application serves a public
10772  purpose.
10773         (d) There are existing projections that the professional
10774  golf hall of fame facility will attract a paid attendance of
10775  more than 300,000 annually.
10776         (e) There is an independent analysis or study, using
10777  methodology approved by the division department, which
10778  demonstrates that the amount of the revenues generated by the
10779  taxes imposed under chapter 212 with respect to the use and
10780  operation of the professional golf hall of fame facility will
10781  equal or exceed $2 million annually.
10782         (f) The applicant has submitted an agreement to provide $2
10783  million annually in national and international media promotion
10784  of the professional golf hall of fame facility, Florida, and
10785  Florida tourism, through the PGA Tour, Inc., or its affiliates,
10786  at the then-current commercial rate, during the period of time
10787  that the facility receives funds pursuant to s. 212.20. The Jobs
10788  Florida Partnership, Inc., Office of Tourism, Trade, and
10789  Economic Development and the PGA Tour, Inc., or its affiliates,
10790  must agree annually on a reasonable percentage of advertising
10791  specifically allocated for generic Florida advertising. The Jobs
10792  Florida Partnership, Inc., Office of Tourism, Trade, and
10793  Economic Development shall have final approval of all generic
10794  advertising. Failure on the part of the PGA Tour, Inc., or its
10795  affiliates to annually provide the advertising as provided in
10796  this paragraph or subsection (6) shall result in the termination
10797  of funding as provided in s. 212.20.
10798         (g) Documentation exists that demonstrates that the
10799  applicant has provided, is capable of providing, or has
10800  financial or other commitments to provide more than one-half of
10801  the costs incurred or related to the improvement and development
10802  of the facility.
10803         (h) The application is signed by an official senior
10804  executive of the applicant and is notarized according to Florida
10805  law providing for penalties for falsification.
10806         (4) Upon determining that an applicant is or is not
10807  certifiable, the Division of Strategic Business Development of
10808  Jobs Florida Secretary of Commerce shall notify the applicant of
10809  his or her status by means of an official letter. If
10810  certifiable, the division secretary shall notify the executive
10811  director of the Department of Revenue and the applicant of such
10812  certification by means of an official letter granting
10813  certification. From the date of such certification, the
10814  applicant shall have 5 years to open the professional golf hall
10815  of fame facility to the public and notify the division Office of
10816  Tourism, Trade, and Economic Development of such opening. The
10817  Department of Revenue shall not begin distributing funds until
10818  30 days following notice by the division Office of Tourism,
10819  Trade, and Economic Development that the professional golf hall
10820  of fame facility is open to the public.
10821         Section 154. Section 288.1169, Florida Statutes, is amended
10822  to read:
10823         288.1169 International Game Fish Association World Center
10824  facility.—
10825         (1) The Division of Strategic Business Development of Jobs
10826  Florida Department of Commerce shall serve as the state agency
10827  approving applicants for funding pursuant to s. 212.20 and for
10828  certifying the applicant as the International Game Fish
10829  Association World Center facility. For purposes of this section,
10830  “facility” means the International Game Fish Association World
10831  Center, and “project” means the International Game Fish
10832  Association World Center and new colocated improvements by
10833  private sector concerns who have made cash or in-kind
10834  contributions to the facility of $1 million or more.
10835         (2) Prior to certifying this facility, the division
10836  department must determine that:
10837         (a) The International Game Fish Association World Center is
10838  the only fishing museum, Hall of Fame, and international
10839  administrative headquarters in the United States recognized by
10840  the International Game Fish Association, and that one or more
10841  private sector concerns have committed to donate to the
10842  International Game Fish Association land upon which the
10843  International Game Fish Association World Center will operate.
10844         (b) International Game Fish Association is a not-for-profit
10845  Florida corporation that has contracted to construct and operate
10846  the facility.
10847         (c) The municipality in which the facility is located, or
10848  the county if the facility is located in an unincorporated area,
10849  has certified by resolution after a public hearing that the
10850  facility serves a public purpose.
10851         (d) There are existing projections that the International
10852  Game Fish Association World Center facility and the colocated
10853  facilities of private sector concerns will attract an attendance
10854  of more than 1.8 million annually.
10855         (e) There is an independent analysis or study, using
10856  methodology approved by the division department, which
10857  demonstrates that the amount of the revenues generated by the
10858  taxes imposed under chapter 212 with respect to the use and
10859  operation of the project will exceed $1 million annually.
10860         (f) There are existing projections that the project will
10861  attract more than 300,000 persons annually who are not residents
10862  of the state.
10863         (g) The applicant has submitted an agreement to provide
10864  $500,000 annually in national and international media promotion
10865  of the facility, at the then-current commercial rates, during
10866  the period of time that the facility receives funds pursuant to
10867  s. 212.20. Failure on the part of the applicant to annually
10868  provide the advertising as provided in this paragraph shall
10869  result in the termination of the funding as provided in s.
10870  212.20. The applicant can discharge its obligation under this
10871  paragraph by contracting with other persons, including private
10872  sector concerns who participate in the project.
10873         (h) Documentation exists that demonstrates that the
10874  applicant has provided, and is capable of providing, or has
10875  financial or other commitments to provide, more than one-half of
10876  the cost incurred or related to the improvements and the
10877  development of the facility.
10878         (i) The application is signed by senior officials of the
10879  International Game Fish Association and is notarized according
10880  to Florida law providing for penalties for falsification.
10881         (3) The applicant may use funds provided pursuant to s.
10882  212.20 for the purpose of paying for the construction,
10883  reconstruction, renovation, promotion, or operation of the
10884  facility, or to pay or pledge for payment of debt service on, or
10885  to fund debt service reserve funds, arbitrage rebate
10886  obligations, or other amounts payable with respect to, bonds
10887  issued for the construction, reconstruction, or renovation of
10888  the facility or for the reimbursement of such costs or by
10889  refinancing of bonds issued for such purposes.
10890         (4) Upon determining that an applicant is or is not
10891  certifiable, the Division of Strategic Business Development of
10892  Jobs Florida Department of Commerce shall notify the applicant
10893  of its status by means of an official letter. If certifiable,
10894  the division Department of Commerce shall notify the executive
10895  director of the Department of Revenue and the applicant of such
10896  certification by means of an official letter granting
10897  certification. From the date of such certification, the
10898  applicant shall have 5 years to open the facility to the public
10899  and notify the division Department of Commerce of such opening.
10900  The Department of Revenue shall not begin distributing funds
10901  until 30 days following notice by the division Department of
10902  Commerce that the facility is open to the public.
10903         (5) The Department of Revenue may audit as provided in s.
10904  213.34 to verify that the contributions pursuant to this section
10905  have been expended as required by this section.
10906         (6) The Division of Strategic Business Development of Jobs
10907  Florida Department of Commerce must recertify every 10 years
10908  that the facility is open, that the International Game Fish
10909  Association World Center continues to be the only international
10910  administrative headquarters, fishing museum, and Hall of Fame in
10911  the United States recognized by the International Game Fish
10912  Association, and that the project is meeting the minimum
10913  projections for attendance or sales tax revenues as required at
10914  the time of original certification. If the facility is not
10915  recertified during this 10-year review as meeting the minimum
10916  projections, then funding shall be abated until certification
10917  criteria are met. If the project fails to generate $1 million of
10918  annual revenues pursuant to paragraph (2)(e), the distribution
10919  of revenues pursuant to s. 212.20(6)(d)6.d. shall be reduced to
10920  an amount equal to $83,333 multiplied by a fraction, the
10921  numerator of which is the actual revenues generated and the
10922  denominator of which is $1 million. Such reduction remains in
10923  effect until revenues generated by the project in a 12-month
10924  period equal or exceed $1 million.
10925         Section 155. Paragraph (d) of subsection (1), and
10926  subsections (2) and (3) of section 288.1171, Florida Statutes,
10927  are amended, and present paragraphs (e) through (g) of
10928  subsection (1) are redesignated as paragraphs (d) through (f),
10929  respectively, to read:
10930         288.1171 Motorsports entertainment complex; definitions;
10931  certification; duties.—
10932         (1) As used in this section, the term:
10933         (d) “Office” means The Office of Tourism, Trade, and
10934  Economic Development of the Executive Office of the Governor.
10935         (2) Jobs Florida The Office of Tourism, Trade, and Economic
10936  Development shall serve as the state agency for screening
10937  applicants for local option funding under s. 218.64(3) and for
10938  certifying an applicant as a motorsports entertainment complex.
10939  Jobs Florida The Office shall develop and adopt rules for the
10940  receipt and processing of applications for funding under s.
10941  218.64(3). Jobs Florida The Office shall make a determination
10942  regarding any application filed by an applicant not later than
10943  120 days after the application is filed.
10944         (3) Before certifying an applicant as a motorsports
10945  entertainment complex, Jobs Florida the Office must determine
10946  that:
10947         (a) A unit of local government holds title to the land on
10948  which the motorsports entertainment complex is located or holds
10949  title to the motorsports entertainment complex.
10950         (b) The municipality in which the motorsports entertainment
10951  complex is located, or the county if the motorsports
10952  entertainment complex is located in an unincorporated area, has
10953  certified by resolution after a public hearing that the
10954  application serves a public purpose.
10955         Section 156. Section 288.122, Florida Statutes, is amended
10956  to read:
10957         288.122 Tourism Promotional Trust Fund.—There is created
10958  within Jobs Florida The Office of Tourism, Trade, and Economic
10959  Development of the Executive Office of the Governor the Tourism
10960  Promotional Trust Fund. Moneys deposited in the Tourism
10961  Promotional Trust Fund shall only be used to support the
10962  authorized activities and operations of the Florida Commission
10963  on Tourism, and to support tourism promotion and marketing
10964  activities, services, functions, and programs administered by
10965  the Jobs Florida Partnership, Inc., Florida Commission on
10966  Tourism through a contract with Jobs Florida the commission’s
10967  direct-support organization created under s. 288.1226.
10968         Section 157. Section 288.12265, Florida Statutes, is
10969  amended to read:
10970         288.12265 Welcome centers.—
10971         (1) Responsibility for the welcome centers is assigned to
10972  the Jobs Florida Partnership, Inc., Florida Commission on
10973  Tourism which shall contract with the commission’s direct
10974  support organization to employ all welcome center staff.
10975         (2) The Jobs Florida Partnership, Inc., Florida Commission
10976  on Tourism, through its direct-support organization, shall
10977  administer and operate the welcome centers. Pursuant to a
10978  contract with the Department of Transportation, the Jobs Florida
10979  Partnership, Inc., commission shall be responsible for routine
10980  repair, replacement, or improvement and the day-to-day
10981  management of interior areas occupied by the welcome centers.
10982  All other repairs, replacements, or improvements to the welcome
10983  centers shall be the responsibility of the Department of
10984  Transportation.
10985         Section 158. Section 288.124, Florida Statutes, is amended
10986  to read:
10987         288.124 Convention grants program.—The Jobs Florida
10988  Partnership, Inc., Commission on Tourism is authorized to
10989  establish a convention grants program and, pursuant thereto, to
10990  recommend to Jobs Florida The Office of Tourism, Trade, and
10991  Economic Development expenditures and contracts with local
10992  governments and nonprofit corporations or organizations for the
10993  purpose of attracting national conferences and conventions to
10994  Florida. Preference shall be given to local governments and
10995  nonprofit corporations or organizations seeking to attract
10996  minority conventions to Florida. Minority conventions are events
10997  that primarily involve minority persons, as defined in s.
10998  288.703, who are residents or nonresidents of the state. The
10999  commission shall establish guidelines governing the award of
11000  grants and the administration of this program. Jobs Florida The
11001  Office of Tourism, Trade, and Economic Development has final
11002  approval authority for any grants under this section. The total
11003  annual allocation of funds for this program shall not exceed
11004  $40,000.
11005         Section 159. Subsection (1) of section 288.1251, Florida
11006  Statutes, is amended to read:
11007         288.1251 Promotion and development of entertainment
11008  industry; Office of Film and Entertainment; creation; purpose;
11009  powers and duties.—
11010         (1) CREATION.—
11011         (a) There is hereby created within Jobs Florida The Office
11012  of Tourism, Trade, and Economic Development the Office of Film
11013  and Entertainment for the purpose of developing, marketing,
11014  promoting, and providing services to the state’s entertainment
11015  industry.
11016         (b) Jobs Florida The Office of Tourism, Trade, and Economic
11017  Development shall conduct a national search for a qualified
11018  person to fill the position of Commissioner of Film and
11019  Entertainment when the position is vacant. The commissioner of
11020  Jobs Florida Executive Director of the Office of Tourism, Trade,
11021  and Economic Development has the responsibility to hire the film
11022  commissioner. Qualifications for the film commissioner include,
11023  but are not limited to, the following:
11024         1. A working knowledge of the equipment, personnel,
11025  financial, and day-to-day production operations of the
11026  industries to be served by the Office of Film and Entertainment;
11027         2. Marketing and promotion experience related to the film
11028  and entertainment industries to be served;
11029         3. Experience working with a variety of individuals
11030  representing large and small entertainment-related businesses,
11031  industry associations, local community entertainment industry
11032  liaisons, and labor organizations; and
11033         4. Experience working with a variety of state and local
11034  governmental agencies.
11035         Section 160. Subsections (1) and (2), paragraph (e) of
11036  subsection (3), and paragraphs (d), (f), (g), and (h) of
11037  subsection (5) of section 288.1252, Florida Statutes, are
11038  amended to read:
11039         288.1252 Florida Film and Entertainment Advisory Council;
11040  creation; purpose; membership; powers and duties.—
11041         (1) CREATION.—There is hereby created within Jobs Florida
11042  The Office of Tourism, Trade, and Economic Development of the
11043  Executive Office of the Governor, for administrative purposes
11044  only, the Florida Film and Entertainment Advisory Council.
11045         (2) PURPOSE.—The purpose of the council shall be to serve
11046  as an advisory body to Jobs Florida The Office of Tourism,
11047  Trade, and Economic Development and to the Office of Film and
11048  Entertainment to provide these offices with industry insight and
11049  expertise related to developing, marketing, promoting, and
11050  providing service to the state’s entertainment industry.
11051         (3) MEMBERSHIP.—
11052         (e)  A representative of the Jobs Florida Partnership,
11053  Inc., and Enterprise Florida, Inc., a representative of
11054  Workforce Florida, Inc., and a representative of VISIT Florida
11055  shall serve as ex officio, nonvoting members of the council, and
11056  shall be in addition to the 17 appointed members of the council.
11057         (5) POWERS AND DUTIES.—The Florida Film and Entertainment
11058  Advisory Council shall have all the powers necessary or
11059  convenient to carry out and effectuate the purposes and
11060  provisions of this act, including, but not limited to, the power
11061  to:
11062         (d) Consider and study the needs of the entertainment
11063  industry for the purpose of advising the film commissioner and
11064  Jobs Florida The Office of Tourism, Trade, and Economic
11065  Development.
11066         (f) Consider all matters submitted to it by the film
11067  commissioner and Jobs Florida the Office of Tourism, Trade, and
11068  Economic Development.
11069         (g) Advise and consult with the film commissioner and Jobs
11070  Florida The Office of Tourism, Trade, and Economic Development,
11071  at their request or upon its own initiative, regarding the
11072  promulgation, administration, and enforcement of all laws and
11073  rules relating to the entertainment industry.
11074         (h) Suggest policies and practices for the conduct of
11075  business by the Office of Film and Entertainment or by Jobs
11076  Florida The Office of Tourism, Trade, and Economic Development
11077  that will improve internal operations affecting the
11078  entertainment industry and will enhance the economic development
11079  initiatives of the state for the industry.
11080         Section 161. Subsections (1), (2), (3), and (4) of section
11081  288.1253, Florida Statutes, are amended to read:
11082         288.1253 Travel and entertainment expenses.—
11083         (1) As used in this section, the term “travel expenses”
11084  means the actual, necessary, and reasonable costs of
11085  transportation, meals, lodging, and incidental expenses normally
11086  incurred by an employee of the Office of Film and Entertainment,
11087  which costs are defined and prescribed by rules adopted by Jobs
11088  Florida The Office of Tourism, Trade, and Economic Development,
11089  subject to approval by the Chief Financial Officer.
11090         (2) Notwithstanding the provisions of s. 112.061, Jobs
11091  Florida The Office of Tourism, Trade, and Economic Development
11092  shall adopt rules by which it may make expenditures by
11093  reimbursement to: the Governor, the Lieutenant Governor,
11094  security staff of the Governor or Lieutenant Governor, the
11095  Commissioner of Film and Entertainment, or staff of the Office
11096  of Film and Entertainment for travel expenses or entertainment
11097  expenses incurred by such individuals solely and exclusively in
11098  connection with the performance of the statutory duties of the
11099  Office of Film and Entertainment. The rules are subject to
11100  approval by the Chief Financial Officer before adoption. The
11101  rules shall require the submission of paid receipts, or other
11102  proof of expenditure prescribed by the Chief Financial Officer,
11103  with any claim for reimbursement.
11104         (3) Jobs Florida The Office of Tourism, Trade, and Economic
11105  Development shall prepare an annual report of the expenditures
11106  of the Office of Film and Entertainment and provide such report
11107  to the Legislature no later than December 30 of each year for
11108  the expenditures of the previous fiscal year. The report shall
11109  consist of a summary of all travel, entertainment, and
11110  incidental expenses incurred within the United States and all
11111  travel, entertainment, and incidental expenses incurred outside
11112  the United States, as well as a summary of all successful
11113  projects that developed from such travel.
11114         (4) The Office of Film and Entertainment and its employees
11115  and representatives, when authorized, may accept and use
11116  complimentary travel, accommodations, meeting space, meals,
11117  equipment, transportation, and any other goods or services
11118  necessary for or beneficial to the performance of the office’s
11119  duties and purposes, so long as such acceptance or use is not in
11120  conflict with part III of chapter 112. Jobs Florida The Office
11121  of Tourism, Trade, and Economic Development shall, by rule,
11122  develop internal controls to ensure that such goods or services
11123  accepted or used pursuant to this subsection are limited to
11124  those that will assist solely and exclusively in the furtherance
11125  of the office’s goals and are in compliance with part III of
11126  chapter 112.
11127         Section 162. Paragraph (a) of subsection (1), paragraphs
11128  (d), (f), and (g) of subsection (3), paragraphs (c) and (d) of
11129  subsection (4), paragraph (a) of subsection (5), and paragraph
11130  (b) of subsection (9) of section 288.1254, Florida Statutes, are
11131  amended to read:
11132         288.1254 Entertainment industry financial incentive
11133  program.—
11134         (1) DEFINITIONS.—As used in this section, the term:
11135         (a) “Certified production” means a qualified production
11136  that has tax credits allocated to it by Jobs Florida the Office
11137  of Tourism, Trade, and Economic Development based on the
11138  production’s estimated qualified expenditures, up to the
11139  production’s maximum certified amount of tax credits, by Jobs
11140  Florida the Office of Tourism, Trade, and Economic Development.
11141  The term does not include a production if its first day of
11142  principal photography or project start date in this state occurs
11143  before the production is certified by Jobs Florida The Office of
11144  Tourism, Trade, and Economic Development, unless the production
11145  spans more than 1 fiscal year, was a certified production on its
11146  first day of principal photography or project start date in this
11147  state, and submits an application for continuing the same
11148  production for the subsequent fiscal year.
11149         (3) APPLICATION PROCEDURE; APPROVAL PROCESS.—
11150         (d) Certification.—The Office of Film and Entertainment
11151  shall review the application within 15 business days after
11152  receipt. Upon its determination that the application contains
11153  all the information required by this subsection and meets the
11154  criteria set out in this section, the Office of Film and
11155  Entertainment shall qualify the applicant and recommend to Jobs
11156  Florida the Office of Tourism, Trade, and Economic Development
11157  that the applicant be certified for the maximum tax credit award
11158  amount. Within 5 business days after receipt of the
11159  recommendation, Jobs Florida the Office of Tourism, Trade, and
11160  Economic Development shall reject the recommendation or certify
11161  the maximum recommended tax credit award, if any, to the
11162  applicant and to the executive director of the Department of
11163  Revenue.
11164         (f) Verification of actual qualified expenditures.—
11165         1. The Office of Film and Entertainment shall develop a
11166  process to verify the actual qualified expenditures of a
11167  certified production. The process must require:
11168         a. A certified production to submit, in a timely manner
11169  after production ends in this state and after making all of its
11170  qualified expenditures in this state, data substantiating each
11171  qualified expenditure, including documentation on the net
11172  expenditure on equipment and other tangible personal property by
11173  the qualified production, to an independent certified public
11174  accountant licensed in this state;
11175         b. Such accountant to conduct a compliance audit, at the
11176  certified production’s expense, to substantiate each qualified
11177  expenditure and submit the results as a report, along with the
11178  required substantiating data, to the Office of Film and
11179  Entertainment; and
11180         c. The Office of Film and Entertainment to review the
11181  accountant’s submittal and report to Jobs Florida the Office of
11182  Tourism, Trade, and Economic Development the final verified
11183  amount of actual qualified expenditures made by the certified
11184  production.
11185         2. Jobs Florida The Office of Tourism, Trade, and Economic
11186  Development shall determine and approve the final tax credit
11187  award amount to each certified applicant based on the final
11188  verified amount of actual qualified expenditures and shall
11189  notify the executive director of the Department of Revenue in
11190  writing that the certified production has met the requirements
11191  of the incentive program and of the final amount of the tax
11192  credit award. The final tax credit award amount may not exceed
11193  the maximum tax credit award amount certified under paragraph
11194  (d).
11195         (g) Promoting Florida.—The Office of Film and Entertainment
11196  shall ensure that, as a condition of receiving a tax credit
11197  under this section, marketing materials promoting this state as
11198  a tourist destination or film and entertainment production
11199  destination are included, when appropriate, at no cost to the
11200  state, which must, at a minimum, include placement of a “Filmed
11201  in Florida” or “Produced in Florida” logo in the end credits.
11202  The placement of a “Filmed in Florida” or “Produced in Florida”
11203  logo on all packaging material and hard media is also required,
11204  unless such placement is prohibited by licensing or other
11205  contractual obligations. The size and placement of such logo
11206  shall be commensurate to other logos used. If no logos are used,
11207  the statement “Filmed in Florida using Florida’s Entertainment
11208  Industry Financial Incentive,” or a similar statement approved
11209  by the Office of Film and Entertainment, shall be used. The
11210  Office of Film and Entertainment shall provide a logo and supply
11211  it for the purposes specified in this paragraph. A 30-second
11212  “Visit Florida” promotional video must also be included on all
11213  optical disc formats of a film, unless such placement is
11214  prohibited by licensing or other contractual obligations. The
11215  30-second promotional video shall be approved and provided by
11216  the Jobs Florida Partnership, Inc., Florida Tourism Industry
11217  Marketing Corporation in consultation with the Commissioner of
11218  Film and Entertainment.
11219         (4) TAX CREDIT ELIGIBILITY; TAX CREDIT AWARDS; QUEUES;
11220  ELECTION AND DISTRIBUTION; CARRYFORWARD; CONSOLIDATED RETURNS;
11221  PARTNERSHIP AND NONCORPORATE DISTRIBUTIONS; MERGERS AND
11222  ACQUISITIONS.—
11223         (c) Withdrawal of tax credit eligibility.—A qualified or
11224  certified production must continue on a reasonable schedule,
11225  which includes beginning principal photography or the production
11226  project in this state no more than 45 calendar days before or
11227  after the principal photography or project start date provided
11228  in the production’s program application. Jobs Florida The Office
11229  of Tourism, Trade, and Economic Development shall withdraw the
11230  eligibility of a qualified or certified production that does not
11231  continue on a reasonable schedule.
11232         (d) Election and distribution of tax credits.—
11233         1. A certified production company receiving a tax credit
11234  award under this section shall, at the time the credit is
11235  awarded by Jobs Florida the Office of Tourism, Trade, and
11236  Economic Development after production is completed and all
11237  requirements to receive a credit award have been met, make an
11238  irrevocable election to apply the credit against taxes due under
11239  chapter 220, against state taxes collected or accrued under
11240  chapter 212, or against a stated combination of the two taxes.
11241  The election is binding upon any distributee, successor,
11242  transferee, or purchaser. Jobs Florida the Office of Tourism,
11243  Trade, and Economic Development shall notify the Department of
11244  Revenue of any election made pursuant to this paragraph.
11245         2. A qualified production company is eligible for tax
11246  credits against its sales and use tax liabilities and corporate
11247  income tax liabilities as provided in this section. However, tax
11248  credits awarded under this section may not be claimed against
11249  sales and use tax liabilities or corporate income tax
11250  liabilities for any tax period beginning before July 1, 2011,
11251  regardless of when the credits are applied for or awarded.
11252         (5) TRANSFER OF TAX CREDITS.—
11253         (a) Authorization.—Upon application to the Office of Film
11254  and Entertainment and approval by Jobs Florida the Office of
11255  Tourism, Trade, and Economic Development, a certified production
11256  company, or a partner or member that has received a distribution
11257  under paragraph (4)(g), may elect to transfer, in whole or in
11258  part, any unused credit amount granted under this section. An
11259  election to transfer any unused tax credit amount under chapter
11260  212 or chapter 220 must be made no later than 5 years after the
11261  date the credit is awarded, after which period the credit
11262  expires and may not be used. Jobs Florida The Office of Tourism,
11263  Trade, and Economic Development shall notify the Department of
11264  Revenue of the election and transfer.
11265         (9) AUDIT AUTHORITY; REVOCATION AND FORFEITURE OF TAX
11266  CREDITS; FRAUDULENT CLAIMS.—
11267         (b) Revocation of tax credits.Jobs Florida The Office of
11268  Tourism, Trade, and Economic Development may revoke or modify
11269  any written decision qualifying, certifying, or otherwise
11270  granting eligibility for tax credits under this section if it is
11271  discovered that the tax credit applicant submitted any false
11272  statement, representation, or certification in any application,
11273  record, report, plan, or other document filed in an attempt to
11274  receive tax credits under this section. Jobs Florida The Office
11275  of Tourism, Trade, and Economic Development shall immediately
11276  notify the Department of Revenue of any revoked or modified
11277  orders affecting previously granted tax credits. Additionally,
11278  the applicant must notify the Department of Revenue of any
11279  change in its tax credit claimed.
11280         Section 163. Section 288.386, Florida Statutes, is amended
11281  to read:
11282         288.386 Florida-Caribbean Basin Trade Initiative.—
11283         (1) Contingent upon a specific appropriation, the Seaport
11284  Employment Training Grant Program (STEP) shall establish and
11285  administer the Florida-Caribbean Basin Trade Initiative for the
11286  purpose of assisting small and medium-sized businesses to become
11287  involved in international activities and helping them to
11288  identify markets with product demand, identify strategic
11289  alliances in those markets, and obtain the financing to
11290  effectuate trade opportunities in the Caribbean Basin. The
11291  initiative must focus assistance to businesses located in urban
11292  communities. The initiative shall offer export readiness,
11293  assistance and referral services, internships, seminars,
11294  workshops, conferences, and e-commerce plus mentoring and
11295  matchmaking services, but shall coordinate with and not
11296  duplicate those services provided by the Jobs Florida
11297  Partnership Enterprise Florida, Inc.
11298         (2) To enhance initiative effectiveness and leverage
11299  resources, STEP shall coordinate initiative activities with the
11300  Jobs Florida Partnership Enterprise Florida, Inc., United States
11301  Export Assistance Centers, Florida Export Finance Corporation,
11302  Florida Trade Data Center, Small Business Development Centers,
11303  and any other organizations STEP deems appropriate. The
11304  coordination may encompass export assistance and referral
11305  services, export financing, job-training programs, educational
11306  programs, market research and development, market promotion,
11307  trade missions, e-commerce, and mentoring and matchmaking
11308  services relative to the expansion of trade between Florida and
11309  the Caribbean Basin. The initiative shall also form alliances
11310  with multilateral, international, and domestic funding programs
11311  from Florida, the United States, and the Caribbean Basin to
11312  coordinate systems and programs for fundamental assistance in
11313  facilitating trade and investment.
11314         (3) STEP shall administer the Florida-Caribbean Basin Trade
11315  Initiative pursuant to a performance-based contract with Jobs
11316  Florida, which the Office of Tourism, Trade, and Economic
11317  Development. The Office of Tourism, Trade, and Economic
11318  Development shall develop performance measures, standards, and
11319  sanctions for the initiative. Performance measures must include,
11320  but are not limited to, the number of businesses assisted; the
11321  number of urban businesses assisted; and the increase in value
11322  of exports to the Caribbean which is attributable to the
11323  initiative.
11324         Section 164. Section 288.7011, Florida Statutes, is amended
11325  to read:
11326         288.7011 Assistance to certified development corporation.
11327  Jobs Florida The Office of Tourism, Trade, and Economic
11328  Development is authorized to enter into contracts with a
11329  nonprofit, statewide development corporation certified pursuant
11330  to s. 503 of the Small Business Investment Act of 1958, as
11331  amended, to permit such corporation to locate and contract for
11332  administrative and technical staff assistance and support,
11333  including, without limitation, assistance to the development
11334  corporation in the packaging and servicing of loans for the
11335  purpose of stimulating and expanding the availability of private
11336  equity capital and long-term loans to small businesses. Such
11337  assistance and support will cease when the corporation has
11338  received state support in an amount the equivalent of $250,000
11339  per year over a 5-year period beginning July 1, 1997. Any
11340  contract between Jobs Florida the Office and such corporation
11341  shall specify that the records of the corporation must be
11342  available for audit by Jobs Florida the Office and by the
11343  Auditor General.
11344         Section 165. Section 288.7015, Florida Statutes, is amended
11345  to read:
11346         288.7015 Appointment of rules ombudsman; duties.—The
11347  Governor shall appoint a rules ombudsman, as defined in s.
11348  288.703, in the Executive Office of the Governor, for
11349  considering the impact of agency rules on the state’s citizens
11350  and businesses. In carrying out duties as provided by law, the
11351  ombudsman shall consult with the Jobs Florida Partnership
11352  Enterprise Florida, Inc., at which point Jobs Florida the office
11353  may recommend to improve the regulatory environment of this
11354  state. The duties of the rules ombudsman are to:
11355         (1) Carry out the responsibility provided in s. 120.54(2),
11356  with respect to small businesses.
11357         (2) Review state agency rules that adversely or
11358  disproportionately impact businesses, particularly those
11359  relating to small and minority businesses.
11360         (3) Make recommendations on any existing or proposed rules
11361  to alleviate unnecessary or disproportionate adverse effects to
11362  businesses.
11363         (4) Each state agency shall cooperate fully with the rules
11364  ombudsman in identifying such rules. Further, each agency shall
11365  take the necessary steps to waive, modify, or otherwise minimize
11366  such adverse effects of any such rules. However, nothing in this
11367  section authorizes any state agency to waive, modify, provide
11368  exceptions to, or otherwise alter any rule that is:
11369         (a) Expressly required to implement or enforce any
11370  statutory provision or the express legislative intent thereof;
11371         (b) Designed to protect persons against discrimination on
11372  the basis of race, color, national origin, religion, sex, age,
11373  handicap, or marital status; or
11374         (c) Likely to prevent a significant risk or danger to the
11375  public health, the public safety, or the environment of the
11376  state.
11377         (5) The modification or waiver of any such rule pursuant to
11378  this section must be accomplished in accordance with the
11379  provisions of chapter 120.
11380         Section 166. Section 288.705, Florida Statutes, is amended
11381  to read:
11382         288.705 Statewide contracts register.—All state agencies
11383  shall in a timely manner provide the Florida Small Business
11384  Development Center Procurement System with all formal
11385  solicitations for contractual services, supplies, and
11386  commodities. The Small Business Development Center shall
11387  coordinate with Minority Business Development Centers to compile
11388  and distribute this information to small and minority businesses
11389  requesting such service for the period of time necessary to
11390  familiarize the business with the market represented by state
11391  agencies. On or before February 1 of each year, the Small
11392  Business Development Center shall report to Jobs Florida the
11393  Agency for Workforce Innovation on the use of the statewide
11394  contracts register. The report shall include, but not be limited
11395  to, information relating to:
11396         (1) The total number of solicitations received from state
11397  agencies during the calendar year.
11398         (2) The number of solicitations received from each state
11399  agency during the calendar year.
11400         (3) The method of distributing solicitation information to
11401  businesses requesting such service.
11402         (4) The total number of businesses using the service.
11403         (5) The percentage of businesses using the service which
11404  are owned and controlled by minorities.
11405         (6) The percentage of service-disabled veteran business
11406  enterprises using the service.
11407         Section 167. Subsection (12) of section 288.706, Florida
11408  Statutes, is amended to read:
11409         288.706 Florida Minority Business Loan Mobilization
11410  Program.—
11411         (12) The Department of Management Services shall
11412  collaborate with the Jobs Florida Partnership Florida Black
11413  Business Investment Board, Inc., and Jobs Florida the Office of
11414  Tourism, Trade, and Economic Development to assist in the
11415  development and enhancement of black business enterprises.
11416         Section 168. Subsection (2) of section 288.7094, Florida
11417  Statutes, is amended to read:
11418         288.7094 Black business investment corporations.—
11419         (2) A black business investment corporation that meets the
11420  requirements of s. 288.7102(4) is eligible to participate in the
11421  Black Business Loan Program and shall receive priority
11422  consideration by Jobs Florida the Office of Tourism, Trade, and
11423  Economic Development for participation in the program.
11424         Section 169. Section 288.7102, Florida Statutes, is amended
11425  to read:
11426         288.7102 Black Business Loan Program.—
11427         (1) The Black Business Loan Program is established in Jobs
11428  Florida, which the Office of Tourism, Trade, and Economic
11429  Development. Under the program, the office shall annually
11430  certify eligible recipients and subsequently disburse funds
11431  appropriated by the Legislature, through such eligible
11432  recipients, to black business enterprises that cannot obtain
11433  capital through conventional lending institutions but that could
11434  otherwise compete successfully in the private sector.
11435         (2) Jobs Florida The office shall establish an application
11436  and annual certification process for entities seeking funds to
11437  participate in providing loans, loan guarantees, or investments
11438  in black business enterprises pursuant to the Florida Black
11439  Business Investment Act. Jobs Florida The office shall process
11440  all applications and recertifications submitted by June 1 on or
11441  before July 31.
11442         (3) If the Black Business Loan Program is appropriated any
11443  funding in a fiscal year, Jobs Florida the Office shall
11444  distribute an equal amount of the appropriation, calculated as
11445  the total annual appropriation divided by the total number of
11446  program recipients certified on or before July 31 of that fiscal
11447  year.
11448         (4) To be eligible to receive funds and provide loans, loan
11449  guarantees, or investments under this section, a recipient must:
11450         (a) Be a corporation registered in the state.
11451         (b) For an existing recipient, annually submit to Jobs
11452  Florida the office a financial audit performed by an independent
11453  certified public account for the most recently completed fiscal
11454  year, which audit does not reveal any material weaknesses or
11455  instances of material noncompliance.
11456         (c) For a new recipient:
11457         1. Demonstrate that its board of directors includes
11458  citizens of the state experienced in the development of black
11459  business enterprises.
11460         2. Demonstrate that the recipient has a business plan that
11461  allows the recipient to operate in a manner consistent with the
11462  requirements of the Jobs Florida Partnership, Inc., ss. 288.707
11463  288.714 and the rules of Jobs Florida the office.
11464         3. Demonstrate that the recipient has the technical skills
11465  to analyze and evaluate applications by black business
11466  enterprises for loans, loan guarantees, or investments.
11467         4. Demonstrate that the recipient has established viable
11468  partnerships with public and private funding sources, economic
11469  development agencies, and workforce development and job referral
11470  networks.
11471         5. Demonstrate that the recipient can provide a private
11472  match equal to 20 percent of the amount of funds provided by the
11473  office.
11474         (d) For an existing or new recipient, agree to maintain the
11475  recipient’s books and records relating to funds received by Jobs
11476  Florida the office according to generally accepted accounting
11477  principles and in accordance with the requirements of s.
11478  215.97(7) and to make those books and records available to Jobs
11479  Florida the office for inspection upon reasonable notice.
11480         (5) Each eligible recipient must meet the requirements of
11481  the Jobs Florida Partnership, Inc., provisions of ss. 288.707
11482  288.714, the terms of the contract between the recipient and
11483  Jobs Florida the Office, and any other applicable state or
11484  federal laws. An entity may not receive funds under ss. 288.707
11485  288.714 unless the entity meets annual certification
11486  requirements.
11487         (6) Upon approval by Jobs Florida the Office and before
11488  release of the funds as provided in this section, Jobs Florida
11489  the Office shall issue a letter certifying the applicant as
11490  qualified for an award. Jobs Florida the Office and the
11491  applicant shall enter into an agreement that sets forth the
11492  conditions for award of the funds. The agreement must include
11493  the total amount of funds awarded; the performance conditions
11494  that must be met once the funding has been awarded, including,
11495  but not limited to, compliance with all of the requirements of
11496  this section for eligible recipients of funds under this
11497  section; and sanctions for failure to meet performance
11498  conditions, including any provisions to recover awards.
11499         (7) Jobs Florida The Office, in consultation with the
11500  board, shall adopt rules pursuant to ss. 120.536(1) and 120.54
11501  to implement this section.
11502         (8) A black business investment corporation certified by
11503  Jobs Florida the Office as an eligible recipient under this
11504  section is authorized to use funds appropriated for the Black
11505  Business Loan Program in any of the following forms:
11506         (a) Purchases of stock, preferred or common, voting or
11507  nonvoting; however, no more than 40 percent of the funds may be
11508  used for direct investments in black business enterprises;
11509         (b) Loans or loan guarantees, with or without recourse, in
11510  either a subordinated or priority position; or
11511         (c) Technical support to black business enterprises, not to
11512  exceed 9 percent of the funds received, and direct
11513  administrative costs, not to exceed 12 percent of the funds
11514  received.
11515         (9) It is the intent of the Legislature that if any one
11516  type of investment mechanism authorized in subsection (8) is
11517  held to be invalid, all other valid mechanisms remain available.
11518         (10) All loans, loan guarantees, and investments, and any
11519  income related thereto, shall be used to carry out the public
11520  purpose of ss. 288.707-288.714, which is to develop black
11521  business enterprises. This subsection does not preclude a
11522  reasonable profit for the participating black business
11523  investment corporation or for return of equity developed to the
11524  state and participating financial institutions upon any
11525  distribution of the assets or excess income of the investment
11526  corporation.
11527         Section 170. Section 288.714, Florida Statutes, is amended
11528  to read:
11529         288.714 Quarterly and annual reports.—
11530         (1) Each recipient of state funds under s. 288.7102 shall
11531  provide to Jobs Florida the Office a quarterly report within 15
11532  days after the end of each calendar quarter that includes a
11533  detailed summary of the recipient’s performance of the duties
11534  imposed by s. 288.7102, including, but not limited to:
11535         (a) The dollar amount of all loans or loan guarantees made
11536  to black business enterprises, the percentages of the loans
11537  guaranteed, and the names and identification of the types of
11538  businesses served.
11539         (b) Loan performance information.
11540         (c) The amount and nature of all other financial assistance
11541  provided to black business enterprises.
11542         (d) The amount and nature of technical assistance provided
11543  to black business enterprises, including technical assistance
11544  services provided in areas in which such services are otherwise
11545  unavailable.
11546         (e) A balance sheet for the recipient, including an
11547  explanation of all investments and administrative and
11548  operational expenses.
11549         (f) A summary of all services provided to nonblack business
11550  enterprises, including the dollar value and nature of such
11551  services and the names and identification of the types of
11552  businesses served.
11553         (g) Any other information as required by policies adopted
11554  by Jobs Florida the Office.
11555         (2) Jobs Florida The Office must compile a summary of all
11556  quarterly reports and provide a copy of the summary to the board
11557  within 30 days after the end of each calendar quarter that
11558  includes a detailed summary of the recipient’s performance of
11559  the duties imposed by s. 288.7102.
11560         (3) By August 31 of each year, Jobs Florida the Office
11561  shall provide to the Governor, the President of the Senate, and
11562  the Speaker of the House of Representatives a detailed report of
11563  the performance of the Black Business Loan Program. The report
11564  must include a cumulative summary of quarterly report data
11565  required by subsection (1).
11566         (4) By August 31 of each year, the board shall provide to
11567  the Governor, the President of the Senate, and the Speaker of
11568  the House of Representatives a detailed report of the board’s
11569  performance, including:
11570         (a) A description of the strategies implemented by the
11571  board to increase private investment in black business
11572  enterprises.
11573         (b) A summary of the board’s performance of its duties
11574  under ss. 288.707-288.712.
11575         (c) The most recent 5-year projection of the need for
11576  capital by black business enterprises.
11577         (d) Recommendations for legislative or other changes to
11578  enhance the development and expansion of black business
11579  enterprises in the state.
11580         (e) A projection of the program’s activities during the
11581  next 12 months.
11582         Section 171. Subsection (1) of section 288.773, Florida
11583  Statutes, is amended to read:
11584         288.773 Florida Export Finance Corporation.—The Florida
11585  Export Finance Corporation is hereby created as a corporation
11586  not for profit, to be incorporated under the provisions of
11587  chapter 617 and approved by the Department of State. The
11588  corporation is organized on a nonstock basis. The purpose of the
11589  corporation is to expand employment and income opportunities for
11590  residents of this state through increased exports of goods and
11591  services, by providing businesses domiciled in this state
11592  information and technical assistance on export opportunities,
11593  exporting techniques, and financial assistance through
11594  guarantees and direct loan originations for sale in support of
11595  export transactions. The corporation shall have the power and
11596  authority to carry out the following functions:
11597         (1) To coordinate the efforts of the corporation with
11598  programs and goals of the United States Export-Import Bank, the
11599  International Trade Administration of the United States
11600  Department of Commerce, the Foreign Credit Insurance
11601  Association, the Jobs Florida Partnership Enterprise Florida,
11602  Inc., and its boards, and other private and public programs and
11603  organizations, domestic and foreign, designed to provide export
11604  assistance and export-related financing.
11605         Section 172. Paragraph (b) of subsection (3) of section
11606  288.774, Florida Statutes, is amended to read:
11607         288.774 Powers and limitations.—
11608         (3)
11609         (b) In providing assistance, the board shall be guided by
11610  the statewide economic development plan adopted by Jobs Florida
11611  and the Jobs Florida Partnership, Inc pursuant to s. 288.905.
11612         Section 173. Paragraph (a) of subsection (1) and paragraphs
11613  (a), (c), and (g) of subsection (3) of section 288.776, Florida
11614  Statutes, are amended to read:
11615         288.776 Board of directors; powers and duties.—
11616         (1)(a) The corporation shall have a board of directors
11617  consisting of 15 members representing all geographic areas of
11618  the state. Minority and gender representation must be considered
11619  when making appointments to the board. The board membership must
11620  include:
11621         1. A representative of the following businesses, all of
11622  which must be registered to do business in this state: a foreign
11623  bank, a state bank, a federal bank, an insurance company
11624  involved in covering trade financing risks, and a small or
11625  medium-sized exporter.
11626         2. The following persons or their designee: the President
11627  of the Jobs Florida Partnership Enterprise Florida, Inc., the
11628  Chief Financial Officer, the Secretary of State, and a senior
11629  official of the United States Department of Commerce, and the
11630  chair of the Florida Black Business Investment Board.
11631         (3) The board shall:
11632         (a) Prior to the expenditure of funds from the export
11633  finance account, adopt bylaws, rules, and policies which are
11634  necessary to carry out the responsibilities under this part,
11635  particularly with respect to the implementation of the
11636  corporation’s programs to insure, coinsure, lend, provide loan
11637  guarantees, and make direct, guaranteed, or collateralized loans
11638  by the corporation to support export transactions. The
11639  corporation’s bylaws, rules, and policies shall be reviewed and
11640  approved by the Jobs Florida Partnership Enterprise Florida,
11641  Inc., prior to final adoption by the board.
11642         (c) Issue an annual report to the Jobs Florida Partnership
11643  Enterprise Florida, Inc., on the activities of the corporation,
11644  including an evaluation of activities and recommendations for
11645  change. The evaluation shall include the corporation’s impact on
11646  the following:
11647         1. Participation of private banks and other private
11648  organizations and individuals in the corporation’s export
11649  financing programs.
11650         2. Access of small and medium-sized businesses in this
11651  state to federal export financing programs.
11652         3. Export volume of the small and medium-sized businesses
11653  in this state accessing the corporation’s programs.
11654         4. Other economic and social benefits to international
11655  programs in this state.
11656         (g) Consult with the Jobs Florida Partnership Enterprise
11657  Florida, Inc., and its boards, or any state or federal agency,
11658  to ensure that the respective loan guarantee or working capital
11659  loan origination programs are not duplicative and that each
11660  program makes full use of, to the extent practicable, the
11661  resources of the other.
11662         Section 174. Section 288.7771, Florida Statutes, is amended
11663  to read:
11664         288.7771 Annual report of Florida Export Finance
11665  Corporation.—The corporation shall annually prepare and submit
11666  to Jobs Florida Enterprise Florida, Inc., for inclusion in its
11667  annual report required by s. 288.095 a complete and detailed
11668  report setting forth:
11669         (1) The report required in s. 288.776(3).
11670         (2) Its assets and liabilities at the end of its most
11671  recent fiscal year.
11672         Section 175. Section 288.816, Florida Statutes, is amended
11673  to read:
11674         288.816 Intergovernmental relations.—
11675         (1) Jobs Florida The Office of Tourism, Trade, and Economic
11676  Development shall be responsible for consular operations and the
11677  sister city and sister state program and shall serve as liaison
11678  with foreign, federal, and other state international
11679  organizations and with county and municipal governments in
11680  Florida.
11681         (2) Jobs Florida The Office of Tourism, Trade, and Economic
11682  Development shall be responsible for all consular relations
11683  between the state and all foreign governments doing business in
11684  Florida. Jobs Florida The office shall monitor United States
11685  laws and directives to ensure that all federal treaties
11686  regarding foreign privileges and immunities are properly
11687  observed. Jobs Florida The office shall promulgate rules which
11688  shall:
11689         (a) Establish a viable system of registration for foreign
11690  government officials residing or having jurisdiction in the
11691  state. Emphasis shall be placed on maintaining active
11692  communication between Jobs Florida The Office of Tourism, Trade,
11693  and Economic Development and the United States Department of
11694  State in order to be currently informed regarding foreign
11695  governmental personnel stationed in, or with official
11696  responsibilities for, Florida. Active dialogue shall also be
11697  maintained with foreign countries which historically have had
11698  dealings with Florida in order to keep them informed of the
11699  proper procedure for registering with the state.
11700         (b) Maintain and systematically update a current and
11701  accurate list of all such foreign governmental officials,
11702  consuls, or consulates.
11703         (c) Issue certificates to such foreign governmental
11704  officials after verification pursuant to proper investigations
11705  through United States Department of State sources and the
11706  appropriate foreign government.
11707         (d) Verify entitlement to sales and use tax exemptions
11708  pursuant to United States Department of State guidelines and
11709  identification methods.
11710         (e) Verify entitlement to issuance of special motor vehicle
11711  license plates by the Division of Motor Vehicles of the
11712  Department of Highway Safety and Motor Vehicles to honorary
11713  consuls or such other officials representing foreign governments
11714  who are not entitled to issuance of special Consul Corps license
11715  plates by the United States Government.
11716         (f) Establish a system of communication to provide all
11717  state and local law enforcement agencies with information
11718  regarding proper procedures relating to the arrest or
11719  incarceration of a foreign citizen.
11720         (g) Request the Department of Law Enforcement to provide
11721  transportation and protection services when necessary pursuant
11722  to s. 943.68.
11723         (h) Coordinate, when necessary, special activities between
11724  foreign governments and Florida state and local governments.
11725  These may include Consular Corps Day, Consular Corps
11726  conferences, and various other social, cultural, or educational
11727  activities.
11728         (i) Notify all newly arrived foreign governmental officials
11729  of the services offered by Jobs Florida The Office of Tourism,
11730  Trade, and Economic Development.
11731         (3) Jobs Florida The Office of Tourism, Trade, and Economic
11732  Development shall operate the sister city and sister state
11733  program and establish such new programs as needed to further
11734  global understanding through the interchange of people, ideas,
11735  and culture between Florida and the world. To accomplish this
11736  purpose, Jobs Florida the office shall have the power and
11737  authority to:
11738         (a) Coordinate and carry out activities designed to
11739  encourage the state and its subdivisions to participate in
11740  sister city and sister state affiliations with foreign countries
11741  and their subdivisions. Such activities may include a State of
11742  Florida sister cities conference.
11743         (b) Encourage cooperation with and disseminate information
11744  pertaining to the Sister Cities International Program and any
11745  other program whose object is to promote linkages with foreign
11746  countries and their subdivisions.
11747         (c) Maximize any aid available from all levels of
11748  government, public and private agencies, and other entities to
11749  facilitate such activities.
11750         (d) Establish a viable system of registration for sister
11751  city and sister state affiliations between the state and foreign
11752  countries and their subdivisions. Such system shall include a
11753  method to determine that sufficient ties are properly
11754  established as well as a method to supervise how these ties are
11755  maintained.
11756         (e) Maintain a current and accurate listing of all such
11757  affiliations. Sister city affiliations shall not be discouraged
11758  between the state and any country specified in s. 620(f)(1) of
11759  the federal Foreign Assistance Act of 1961, as amended, with
11760  whom the United States is currently conducting diplomatic
11761  relations unless a mandate from the United States Government
11762  expressly prohibits such affiliations.
11763         (4) Jobs Florida The Office of Tourism, Trade, and Economic
11764  Development shall serve as a contact for the state with the
11765  Florida Washington Office, the Florida Congressional Delegation,
11766  and United States Government agencies with respect to laws or
11767  policies which may affect the interests of the state in the area
11768  of international relations. All inquiries received regarding
11769  international economic trade development or reverse investment
11770  opportunities shall be referred to the Jobs Florida Partnership
11771  Enterprise Florida, Inc. In addition, Jobs Florida the office
11772  shall serve as liaison with other states with respect to
11773  international programs of interest to Florida. Jobs Florida The
11774  office shall also investigate and make suggestions regarding
11775  possible areas of joint action or regional cooperation with
11776  these states.
11777         (5) Jobs Florida The Office of Tourism, Trade, and Economic
11778  Development shall have the power and duty to encourage the
11779  relocation to Florida of consular offices and multilateral and
11780  international agencies and organizations.
11781         (6) Jobs Florida The Office of Tourism, Trade, and Economic
11782  Development, through membership on the board of directors of
11783  Enterprise Florida, Inc., shall help to contribute an
11784  international perspective to the state’s development efforts.
11785         Section 176. Paragraph (a) of subsection (1) and subsection
11786  (2) of section 288.809, Florida Statutes, are amended to read:
11787         288.809 Florida Intergovernmental Relations Foundation; use
11788  of property; board of directors; audit.—
11789         (1) DEFINITIONS.—For the purposes of this section, the
11790  term:
11791         (a) “Florida Intergovernmental Relations Foundation” means
11792  a direct-support organization:
11793         1. Which is a corporation not for profit that is
11794  incorporated under the provisions of chapter 617 and approved by
11795  the Department of State;
11796         2. Which is organized and operated exclusively to solicit,
11797  receive, hold, invest, and administer property and, subject to
11798  the approval of Jobs Florida the Office of Tourism, Trade, and
11799  Economic Development, to make expenditures to or for the
11800  promotion of intergovernmental relations programs; and
11801         3. Which Jobs Florida the Office of Tourism, Trade, and
11802  Economic Development, after review, has certified to be
11803  operating in a manner consistent with the policies and goals of
11804  Jobs Florida the office.
11805         (2) USE OF PROPERTY.—Jobs Florida The Office of Tourism,
11806  Trade, and Economic Development:
11807         (a) Is authorized to permit the use of property,
11808  facilities, and personal services of Jobs Florida the Office of
11809  Tourism, Trade, and Economic Development by the foundation,
11810  subject to the provisions of this section.
11811         (b) Shall prescribe conditions with which the foundation
11812  must comply in order to use property, facilities, or personal
11813  services of the department. Such conditions shall provide for
11814  budget and audit review and for oversight by Jobs Florida the
11815  Office of Tourism, Trade, and Economic Development.
11816         (c) Shall not permit the use of property, facilities, or
11817  personal services of the foundation if the foundation does not
11818  provide equal employment opportunities to all persons,
11819  regardless of race, color, national origin, sex, age, or
11820  religion.
11821         Section 177. Section 288.826, Florida Statutes, is amended
11822  to read:
11823         288.826 Florida International Trade and Promotion Trust
11824  Fund.—There is hereby established in the State Treasury the
11825  Florida International Trade and Promotion Trust Fund. The moneys
11826  deposited into this trust fund shall be administered by Jobs
11827  Florida the Office of Tourism, Trade, and Economic Development
11828  for the operation of the Jobs Florida Partnership Enterprise
11829  Florida, Inc., and its boards and for the operation of Florida
11830  international foreign offices under s. 288.012.
11831         Section 178. Section 288.95155, Florida Statutes, is
11832  amended to read:
11833         288.95155 Florida Small Business Technology Growth
11834  Program.—
11835         (1) The Florida Small Business Technology Growth Program is
11836  hereby established to provide financial assistance to businesses
11837  in this state having high job growth and emerging technology
11838  potential and fewer than 100 employees. The program shall be
11839  administered and managed by the Jobs Florida Partnership
11840  Enterprise Florida, Inc.
11841         (2)(a)The Jobs Florida Partnership Enterprise Florida,
11842  Inc., shall establish a separate small business technology
11843  growth account in the Florida Technology Research Investment
11844  Fund for purposes of this section. Moneys in the account shall
11845  consist of appropriations by the Legislature, proceeds of any
11846  collateral used to secure such assistance, transfers, fees
11847  assessed for providing or processing such financial assistance,
11848  grants, interest earnings, and earnings on financial assistance.
11849         (b) For the 2009-2010 fiscal year only, Enterprise Florida,
11850  Inc., shall advance up to $600,000 from the account to the
11851  Institute for Commercialization of Public Research for its
11852  operations. This paragraph expires July 1, 2010.
11853         (3) Pursuant to s. 216.351, the amount of any moneys
11854  appropriated to the account which are unused at the end of the
11855  fiscal year shall not be subject to reversion under s. 216.301.
11856  All moneys in the account are continuously appropriated to the
11857  account and may be used for loan guarantees, letter of credit
11858  guarantees, cash reserves for loan and letter of credit
11859  guarantees, payments of claims pursuant to contracts for
11860  guarantees, subordinated loans, loans with warrants, royalty
11861  investments, equity investments, and operations of the program.
11862  Any claim against the program shall be paid solely from the
11863  account. Neither the credit nor the taxing power of the state
11864  shall be pledged to secure the account or moneys in the account,
11865  other than from moneys appropriated or assigned to the account,
11866  and the state shall not be liable or obligated in any way for
11867  any claims against the account or against the Jobs Florida
11868  Partnership Enterprise Florida, Inc.
11869         (4) Awards of assistance from the program shall be
11870  finalized subject to the policies and procedures of the Jobs
11871  Florida Partnership Enterprise Florida, Inc. The Jobs Florida
11872  Partnership Enterprise Florida, Inc., shall leverage at least
11873  one dollar of matching investment for each dollar awarded from
11874  the program. The Jobs Florida Partnership Enterprise Florida,
11875  Inc., shall give the highest priority to moderate-risk and high
11876  risk ventures that offer the greatest opportunity for compelling
11877  economic development impact. The Jobs Florida Partnership
11878  Enterprise Florida, Inc., shall establish for each award a risk
11879  reward timetable that profiles the risks of the assistance,
11880  estimates the potential economic development impact, and
11881  establishes a timetable for reviewing the success or failure of
11882  the assistance. By December 31 of each year, the Jobs Florida
11883  Partnership Enterprise Florida, Inc., shall evaluate, on a
11884  portfolio basis, the results of all awards of assistance made
11885  from the program during the year.
11886         (5) The Jobs Florida Partnership Enterprise Florida, Inc.,
11887  shall prepare for inclusion in Job Florida’s and include in its
11888  annual report required by s. 288.095 a report on the financial
11889  status of the program. The report must specify the assets and
11890  liabilities of the program within the current fiscal year and
11891  must include a portfolio update that lists all of the businesses
11892  assisted, the private dollars leveraged by each business
11893  assisted, and the growth in sales and in employment of each
11894  business assisted.
11895         Section 179. Paragraph (e) of subsection (2), paragraph (a)
11896  of subsection (4), subsection (7), paragraph (b) of subsection
11897  (8), subsection (9), paragraph (l) of subsection (10), and
11898  subsection (15) of section 288.955, Florida Statutes, are
11899  amended, and present subsections (16) and (17) of that section
11900  are renumbered as subsections (15) and (16), respectively, to
11901  read:
11902         288.955 Scripps Florida Funding Corporation.—
11903         (2) CREATION.—
11904         (e) Jobs Florida The Office of Tourism, Trade, and Economic
11905  Development shall provide administrative support to the
11906  corporation as requested by the corporation. In the event of the
11907  dissolution of the corporation, Jobs Florida the office shall be
11908  the corporation’s successor in interest and shall assume all
11909  rights, duties, and obligations of the corporation under any
11910  contract to which the corporation is then a party and under law.
11911         (4) BOARD; MEMBERSHIP.—The corporation shall be governed by
11912  a board of directors.
11913         (a) The board of directors shall consist of nine voting
11914  members, of whom the Governor shall appoint three, the President
11915  of the Senate shall appoint three, and the Speaker of the House
11916  of Representatives shall appoint three. The commissioner of Jobs
11917  Florida or the commissioner’s designee director of the Office of
11918  Tourism, Trade, and Economic Development or the director’s
11919  designee shall serve as an ex-officio, nonvoting member of the
11920  board of directors.
11921         (7) INVESTMENT OF FUNDS.—The corporation must enter into an
11922  agreement with the State Board of Administration under which
11923  funds received by the corporation from Jobs Florida the Office
11924  of Tourism, Trade, and Economic Development which are not
11925  disbursed to the grantee shall be invested by the State Board of
11926  Administration on behalf of the corporation. Funds shall be
11927  invested in suitable instruments authorized under s. 215.47 and
11928  specified in investment guidelines established and agreed to by
11929  the State Board of Administration and the corporation.
11930         (8) CONTRACT.—
11931         (b) The contract, at a minimum, must contain provisions:
11932         1. Specifying the procedures and schedules that govern the
11933  disbursement of funds under this section and specifying the
11934  conditions or deliverables that the grantee must satisfy before
11935  the release of each disbursement.
11936         2. Requiring the grantee to submit to the corporation a
11937  business plan in a form and manner prescribed by the
11938  corporation.
11939         3. Prohibiting The Scripps Research Institute or the
11940  grantee from establishing other biomedical science or research
11941  facilities in any state other than this state or California for
11942  a period of 12 years from the commencement of the contract.
11943  Nothing in this subparagraph shall prohibit the grantee from
11944  establishing or engaging in normal collaborative activities with
11945  other organizations.
11946         4. Governing the ownership of or security interests in real
11947  property and personal property, including, but not limited to,
11948  research equipment, obtained through the financial support of
11949  state or local government, including a provision that in the
11950  event of a breach of the contract or in the event the grantee
11951  ceases operations in this state, such property purchased with
11952  state funds shall revert to the state and such property
11953  purchased with local funds shall revert to the local governing
11954  authority.
11955         5. Requiring the grantee to be an equal opportunity
11956  employer.
11957         6. Requiring the grantee to maintain a policy of awarding
11958  preference in employment to residents of this state, as defined
11959  by law, except for professional scientific staff positions
11960  requiring a doctoral degree, postdoctoral training positions,
11961  and graduate student positions.
11962         7. Requiring the grantee to maintain a policy of making
11963  purchases from vendors in this state, to the extent it is cost
11964  effective and scientifically sound.
11965         8. Requiring the grantee to use the Internet-based job
11966  listing system of Jobs Florida the Agency for Workforce
11967  Innovation in advertising employment opportunities.
11968         9. Requiring the grantee to establish accredited science
11969  degree programs.
11970         10. Requiring the grantee to establish internship programs
11971  to create learning opportunities for educators and secondary,
11972  postsecondary, graduate, and doctoral students.
11973         11. Requiring the grantee to submit data to the corporation
11974  on the activities and performance during each fiscal year and to
11975  provide to the corporation an annual accounting of the
11976  expenditure of funds disbursed under this section.
11977         12. Establishing that the corporation shall review the
11978  activities of the grantee to assess the grantee’s financial and
11979  operational compliance with the provisions of the contract and
11980  with relevant provisions of law.
11981         13. Authorizing the grantee, when feasible, to use
11982  information submitted by it to the Federal Government or to
11983  other organizations awarding research grants to the grantee to
11984  help meet reporting requirements imposed under this section or
11985  the contract, if the information satisfies the reporting
11986  standards of this section and the contract.
11987         14. Requiring the grantee during the first 7 years of the
11988  contract to create 545 positions and to acquire associated
11989  research equipment for the grantee’s facility in this state, and
11990  pay for related maintenance of the equipment, in a total amount
11991  of not less than $45 million.
11992         15. Requiring the grantee to progress in the creation of
11993  the total number of jobs prescribed in subparagraph 14. on the
11994  following schedule: At least 38 positions in the 1st year, 168
11995  positions in the 2nd year, 280 positions in the 3rd year, 367
11996  positions in the 4th year, 436 positions in the 5th year, 500
11997  positions in the 6th year, and 545 positions in the 7th year.
11998  The board may allow the grantee to deviate downward from such
11999  employee levels by 25 percent in any year, to allow the grantee
12000  flexibility in achieving the objectives set forth in the
12001  business plan provided to the corporation; however, the grantee
12002  must have no fewer than 545 positions by the end of the 7th
12003  year.
12004         16. Requiring the grantee to allow the corporation to
12005  retain an independent certified public accountant licensed in
12006  this state pursuant to chapter 473 to inspect the records of the
12007  grantee in order to audit the expenditure of funds disbursed to
12008  the grantee. The independent certified public accountant shall
12009  not disclose any confidential or proprietary scientific
12010  information of the grantee.
12011         17. Requiring the grantee to purchase liability insurance
12012  and governing the coverage level of such insurance.
12013         (9) PERFORMANCE EXPECTATIONS.—In addition to the provisions
12014  prescribed in subsection (8), the contract between the
12015  corporation and the grantee shall include a provision that the
12016  grantee, in cooperation with Jobs Florida the Office of Tourism,
12017  Trade, and Economic Development, shall report to the corporation
12018  on performance expectations that reflect the aspirations of the
12019  Governor and the Legislature for the benefits accruing to this
12020  state as a result of the funds appropriated pursuant to this
12021  section. These shall include, but are not limited to,
12022  performance expectations addressing:
12023         (a) The number and dollar value of research grants obtained
12024  from the Federal Government or sources other than this state.
12025         (b) The percentage of total research dollars received by
12026  The Scripps Research Institute from sources other than this
12027  state which is used to conduct research activities by the
12028  grantee in this state.
12029         (c) The number or value of patents obtained by the grantee.
12030         (d) The number or value of licensing agreements executed by
12031  the grantee.
12032         (e) The extent to which research conducted by the grantee
12033  results in commercial applications.
12034         (f) The number of collaborative agreements reached and
12035  maintained with colleges and universities in this state and with
12036  research institutions in this state, including agreements that
12037  foster participation in research opportunities by public and
12038  private colleges and universities and research institutions in
12039  this state with significant minority populations, including
12040  historically black colleges and universities.
12041         (g) The number of collaborative partnerships established
12042  and maintained with businesses in this state.
12043         (h) The total amount of funding received by the grantee
12044  from sources other than the State of Florida.
12045         (i) The number or value of spin-off businesses created in
12046  this state as a result of commercialization of the research of
12047  the grantee.
12048         (j) The number or value of businesses recruited to this
12049  state by the grantee.
12050         (k) The establishment and implementation of policies to
12051  promote supplier diversity using the guidelines developed by the
12052  Office of Supplier Diversity under s. 287.09451 and to comply
12053  with the ordinances, including any small business ordinances,
12054  enacted by the county and which are applicable to the biomedical
12055  research institution and campus located in this state.
12056         (l) The designation by the grantee of a representative to
12057  coordinate with the Office of Supplier Diversity.
12058         (m) The establishment and implementation of a program to
12059  conduct workforce recruitment activities at public and private
12060  colleges and universities and community colleges in this state
12061  which request the participation of the grantee.
12062  
12063  The contract shall require the grantee to provide information to
12064  the corporation on the progress in meeting these performance
12065  expectations on an annual basis. It is the intent of the
12066  Legislature that, in fulfilling its obligation to work with
12067  Florida’s public and private colleges and universities, Scripps
12068  Florida work with such colleges and universities regardless of
12069  size.
12070         (10) DISBURSEMENT CONDITIONS.—In addition to the provisions
12071  prescribed in subsection (8), the contract between the
12072  corporation and the grantee shall include disbursement
12073  conditions that must be satisfied by the grantee as a condition
12074  for the continued disbursement of funds under this section.
12075  These disbursement conditions shall be negotiated between the
12076  corporation and the grantee and shall not be designed to impede
12077  the ability of the grantee to attain full operational status.
12078  The disbursement conditions may be appropriately varied as to
12079  timeframes, numbers, values, and percentages. The disbursement
12080  conditions shall include, but are not limited to, the following
12081  areas:
12082         (l) Beginning June 2004, the grantee shall commence
12083  collaboration efforts with Jobs Florida the Office of Tourism,
12084  Trade, and Economic Development by complying with reasonable
12085  requests for cooperation in economic development efforts in the
12086  biomed/biotech industry. No later than July 2004, the grantee
12087  shall designate a person who shall be charged with assisting in
12088  these collaborative efforts.
12089         (15) PROGRAM EVALUATION.—
12090         (a) Before January 1, 2007, the Office of Program Policy
12091  Analysis and Government Accountability shall conduct a
12092  performance audit of the Office of Tourism, Trade, and Economic
12093  Development and the corporation relating to the provisions of
12094  this section. The audit shall assess the implementation and
12095  outcomes of activities under this section. At a minimum, the
12096  audit shall address:
12097         1. Performance of the Office of Tourism, Trade, and
12098  Economic Development in disbursing funds appropriated under this
12099  section.
12100         2. Performance of the corporation in managing and enforcing
12101  the contract with the grantee.
12102         3. Compliance by the corporation with the provisions of
12103  this section and the provisions of the contract.
12104         4. Economic activity generated through funds disbursed
12105  under the contract.
12106         (b) Before January 1, 2010, the Office of Program Policy
12107  Analysis and Government Accountability shall update the report
12108  required under this subsection. In addition to addressing the
12109  items prescribed in paragraph (a), the updated report shall
12110  include a recommendation on whether the Legislature should
12111  retain the statutory authority for the corporation.
12112  
12113  A report of each audit’s findings and recommendations shall be
12114  submitted to the Governor, the President of the Senate, and the
12115  Speaker of the House of Representatives. In completing the
12116  performance audits required under this subsection, the Office of
12117  Program Policy Analysis and Government Accountability shall
12118  maximize the use of reports submitted by the grantee to the
12119  Federal Government or to other organizations awarding research
12120  grants to the grantee.
12121         Section 180. Subsection (1) and paragraph (a) of subsection
12122  (2) of section 288.9519, Florida Statutes, are amended to read:
12123         288.9519 Not-for-profit corporation.—
12124         (1) It is the intent of the Legislature to promote the
12125  development of the state economy and to authorize the
12126  establishment of a not-for-profit organization that shall
12127  promote the competitiveness and profitability of high-technology
12128  business and industry through technology development projects of
12129  importance to specific manufacturing sectors in this state. This
12130  not-for-profit corporation shall work cooperatively with the
12131  Jobs Florida Partnership Enterprise Florida, Inc., and shall
12132  avoid duplicating the activities, programs, and functions of the
12133  Jobs Florida Partnership Enterprise Florida, Inc.
12134         (2) In addition to all other powers and authority, not
12135  explicitly prohibited by statutes, this not-for-profit
12136  organization has the following powers and duties:
12137         (a) To receive funds appropriated to the organization by
12138  the Legislature. Such funds may not duplicate funds appropriated
12139  to the Jobs Florida Partnership Enterprise Florida, Inc., but
12140  shall serve to further the advancement of the state economy,
12141  jointly and collaboratively with the Jobs Florida Partnership
12142  Enterprise Florida, Inc.
12143         Section 181. Section 288.9520, Florida Statutes, is amended
12144  to read:
12145         288.9520 Public records exemption.—Materials that relate to
12146  methods of manufacture or production, potential trade secrets,
12147  potentially patentable material, actual trade secrets, business
12148  transactions, financial and proprietary information, and
12149  agreements or proposals to receive funding that are received,
12150  generated, ascertained, or discovered by the Jobs Florida
12151  Partnership Enterprise Florida, Inc., including its affiliates
12152  or subsidiaries and partnership participants, such as private
12153  enterprises, educational institutions, and other organizations,
12154  are confidential and exempt from the provisions of s. 119.07(1)
12155  and s. 24(a), Art. I of the State Constitution, except that a
12156  recipient of the Jobs Florida Partnership Enterprise Florida,
12157  Inc., research funds shall make available, upon request, the
12158  title and description of the research project, the name of the
12159  researcher, and the amount and source of funding provided for
12160  the project.
12161         Section 182. Subsection (10) of section 288.9603, Florida
12162  Statutes, is amended to read:
12163         288.9603 Definitions.—
12164         (10) “Partnership” means the Jobs Florida Partnership
12165  Enterprise Florida, Inc.
12166         Section 183. Subsection (2) of section 288.9604, Florida
12167  Statutes, is amended to read:
12168         288.9604 Creation of the authority.—
12169         (2) The Governor, subject to confirmation by the Senate,
12170  shall appoint the board of directors of the corporation, who
12171  shall be five in number. The terms of office for the directors
12172  shall be for 4 years from the date of their appointment. A
12173  vacancy occurring during a term shall be filled for the
12174  unexpired term. A director shall be eligible for reappointment.
12175  At least three of the directors of the corporation shall be
12176  bankers who have been selected by the Governor from a list of
12177  bankers who were nominated by the Jobs Florida Partnership,
12178  Inc., Enterprise Florida, Inc., and one of the directors shall
12179  be an economic development specialist. The chairperson of the
12180  Florida Black Business Investment Board shall be an ex officio
12181  member of the board of the corporation.
12182         Section 184. Paragraph (v) of subsection (2) of section
12183  288.9605, Florida Statutes, is amended to read:
12184         288.9605 Corporation powers.—
12185         (2) The corporation is authorized and empowered to:
12186         (v) Enter into investment agreements with the Jobs Florida
12187  Partnership, Inc., Florida Black Business Investment Board
12188  concerning the issuance of bonds and other forms of indebtedness
12189  and capital for the purposes of ss. 288.707-288.714.
12190         Section 185. Subsection (1) of section 288.9606, Florida
12191  Statutes, is amended to read:
12192         288.9606 Issue of revenue bonds.—
12193         (1) When authorized by a public agency pursuant to s.
12194  163.01(7), the corporation has power in its corporate capacity,
12195  in its discretion, to issue revenue bonds or other evidences of
12196  indebtedness which a public agency has the power to issue, from
12197  time to time to finance the undertaking of any purpose of this
12198  act and ss. 288.707-288.714, including, without limiting the
12199  generality thereof, the payment of principal and interest upon
12200  any advances for surveys and plans or preliminary loans, and has
12201  the power to issue refunding bonds for the payment or retirement
12202  of bonds previously issued. Bonds issued pursuant to this
12203  section shall bear the name “Florida Development Finance
12204  Corporation Revenue Bonds.” The security for such bonds may be
12205  based upon such revenues as are legally available. In
12206  anticipation of the sale of such revenue bonds, the corporation
12207  may issue bond anticipation notes and may renew such notes from
12208  time to time, but the maximum maturity of any such note,
12209  including renewals thereof, may not exceed 5 years from the date
12210  of issuance of the original note. Such notes shall be paid from
12211  any revenues of the corporation available therefor and not
12212  otherwise pledged or from the proceeds of sale of the revenue
12213  bonds in anticipation of which they were issued. Any bond, note,
12214  or other form of indebtedness issued pursuant to this act shall
12215  mature no later than the end of the 30th fiscal year after the
12216  fiscal year in which the bond, note, or other form of
12217  indebtedness was issued.
12218         Section 186. Section 288.9614, Florida Statutes, is amended
12219  to read:
12220         288.9614 Authorized programs.—The Jobs Florida Partnership
12221  Enterprise Florida, Inc., may take any action that it deems
12222  necessary to achieve the purposes of this act in partnership
12223  with private enterprises, public agencies, and other
12224  organizations, including, but not limited to, efforts to address
12225  the long-term debt needs of small-sized and medium-sized firms,
12226  to address the needs of microenterprises, to expand availability
12227  of venture capital, and to increase international trade and
12228  export finance opportunities for firms critical to achieving the
12229  purposes of this act.
12230         Section 187. Subsection (1) of section 288.9624, Florida
12231  Statutes, are amended to read:
12232         288.9624 Florida Opportunity Fund; creation; duties.—
12233         (1)(a) The Jobs Florida Partnership Enterprise Florida,
12234  Inc., shall facilitate the creation of the Florida Opportunity
12235  Fund, a private, not-for-profit corporation organized and
12236  operated under chapter 617. The Jobs Florida Partnership
12237  Enterprise Florida, Inc., shall be the fund’s sole shareholder
12238  or member. The fund is not a public corporation or
12239  instrumentality of the state. The fund shall manage its business
12240  affairs and conduct business consistent with its organizational
12241  documents and the purposes set forth in this section.
12242  Notwithstanding the powers granted under chapter 617, the
12243  corporation may not amend, modify, or repeal a bylaw or article
12244  of incorporation without the express written consent of the Jobs
12245  Florida Partnership Enterprise Florida, Inc.
12246         (b) The board of directors for the fund shall be a five
12247  member board appointed by vote of the board of directors of the
12248  Jobs Florida Partnership, Inc., and board members shall serve
12249  terms as provided in the fund’s organizational documents. The
12250  vice chair of Enterprise Florida, Inc., shall select from among
12251  its sitting board of directors a five-person appointment
12252  committee. The appointment committee shall select five initial
12253  members of a board of directors for the fund.
12254         (c) The persons appointed elected to the initial board of
12255  directors by the appointment committee shall include persons who
12256  have expertise in the area of the selection and supervision of
12257  early stage investment managers or in the fiduciary management
12258  of investment funds and other areas of expertise as considered
12259  appropriate by the appointment committee.
12260         (d) After election of the initial board of directors,
12261  vacancies on the board shall be filled by vote of the board of
12262  directors of Enterprise Florida, Inc., and board members shall
12263  serve terms as provided in the fund’s organizational documents.
12264         (d)(e) Members of the board are subject to any restrictions
12265  on conflicts of interest specified in the organizational
12266  documents and may not have an interest in any venture capital
12267  investment selected by the fund under ss. 288.9621-288.9624.
12268         (e)(f) Members of the board shall serve without
12269  compensation, but members, the president of the board, and other
12270  board employees may be reimbursed for all reasonable, necessary,
12271  and actual expenses as determined and approved by the board
12272  pursuant to s. 112.061.
12273         (f)(g) The fund shall have all powers granted under its
12274  organizational documents and shall indemnify members to the
12275  broadest extent permissible under the laws of this state.
12276         Section 188. Subsections (3), (4), (5), and (6) of section
12277  288.9625, Florida Statutes, are amended to read:
12278         288.9625 Institute for the Commercialization of Public
12279  Research.—There is established at a public university or
12280  research center in this state the Institute for the
12281  Commercialization of Public Research.
12282         (3) The articles of incorporation of the institute must be
12283  approved in a written agreement with Jobs Florida Enterprise
12284  Florida, Inc. The agreement and the articles of incorporation
12285  shall:
12286         (a) Provide that the institute shall provide equal
12287  employment opportunities for all persons regardless of race,
12288  color, religion, gender, national origin, age, handicap, or
12289  marital status;
12290         (b) Provide that the institute is subject to the public
12291  records and meeting requirements of s. 24, Art. I of the State
12292  Constitution;
12293         (c) Provide that all officers, directors, and employees of
12294  the institute shall be governed by the code of ethics for public
12295  officers and employees as set forth in part III of chapter 112;
12296         (d) Provide that members of the board of directors of the
12297  institute are responsible for the prudent use of all public and
12298  private funds and that they will ensure that the use of funds is
12299  in accordance with all applicable laws, bylaws, and contractual
12300  requirements; and
12301         (e) Provide that the fiscal year of the institute is from
12302  July 1 to June 30.
12303         (4) The affairs of the institute shall be managed by a
12304  board of directors who shall serve without compensation. Each
12305  director shall have only one vote. The chair of the board of
12306  directors shall be selected by a majority vote of the directors,
12307  a quorum being present. The board of directors shall consist of
12308  the following five members:
12309         (a) The commissioner of Jobs Florida chair of Enterprise
12310  Florida, Inc., or the commissioner’s chair’s designee.
12311         (b) The president of the university where the institute is
12312  located or the president’s designee unless multiple universities
12313  jointly sponsor the institute, in which case the presidents of
12314  the sponsoring universities shall agree upon a designee.
12315         (c) Three directors appointed by the Governor to 3-year
12316  staggered terms, to which the directors may be reappointed.
12317         (5) The board of directors shall provide a copy of the
12318  institute’s annual report to the Governor, the President of the
12319  Senate, the Speaker of the House of Representatives, Enterprise
12320  Florida, Inc., and the president of the university at which the
12321  institute is located.
12322         (6) Jobs Florida Enterprise Florida, Inc., the president
12323  and the board of trustees of the university where the institute
12324  is located, the Auditor General, and the Office of Program
12325  Policy Analysis and Government Accountability may require and
12326  receive from the institute or its independent auditor any detail
12327  or supplemental data relative to the operation of the institute.
12328         Section 189. Subsections (3), (8), and (9) of section
12329  288.975, Florida Statutes, are amended to read:
12330         288.975 Military base reuse plans.—
12331         (3) No later than 6 months after the designation of a
12332  military base for closure by the Federal Government, each host
12333  local government shall notify the Jobs Florida secretary of the
12334  Department of Community Affairs and the director of the Office
12335  of Tourism, Trade, and Economic Development in writing, by hand
12336  delivery or return receipt requested, as to whether it intends
12337  to use the optional provisions provided in this act. If a host
12338  local government does not opt to use the provisions of this act,
12339  land use planning and regulation pertaining to base reuse
12340  activities within those host local governments shall be subject
12341  to all applicable statutory requirements, including those
12342  contained within chapters 163 and 380.
12343         (8) At the request of a host local government, Jobs Florida
12344  The Office of Tourism, Trade, and Economic Development shall
12345  coordinate a presubmission workshop concerning a military base
12346  reuse plan within the boundaries of the host jurisdiction.
12347  Agencies that shall participate in the workshop shall include
12348  any affected local governments; the Department of Environmental
12349  Protection; Jobs Florida the Office of Tourism, Trade, and
12350  Economic Development; the Department of Community Affairs; the
12351  Department of Transportation; the Department of Health; the
12352  Department of Children and Family Services; the Department of
12353  Juvenile Justice; the Department of Agriculture and Consumer
12354  Services; the Department of State; the Fish and Wildlife
12355  Conservation Commission; and any applicable water management
12356  districts and regional planning councils. The purposes of the
12357  workshop shall be to assist the host local government to
12358  understand issues of concern to the above listed entities
12359  pertaining to the military base site and to identify
12360  opportunities for better coordination of planning and review
12361  efforts with the information and analyses generated by the
12362  federal environmental impact statement process and the federal
12363  community base reuse planning process.
12364         (9) If a host local government elects to use the optional
12365  provisions of this act, it shall, no later than 12 months after
12366  notifying the agencies of its intent pursuant to subsection (3)
12367  either:
12368         (a) Send a copy of the proposed military base reuse plan
12369  for review to any affected local governments; the Department of
12370  Environmental Protection; Jobs Florida the Office of Tourism,
12371  Trade, and Economic Development; the Department of Community
12372  Affairs; the Department of Transportation; the Department of
12373  Health; the Department of Children and Family Services; the
12374  Department of Juvenile Justice; the Department of Agriculture
12375  and Consumer Services; the Department of State; the Fish and
12376  Wildlife Conservation Commission; and any applicable water
12377  management districts and regional planning councils, or
12378         (b) Petition Jobs Florida the secretary of the Department
12379  of Community Affairs for an extension of the deadline for
12380  submitting a proposed reuse plan. Such an extension request must
12381  be justified by changes or delays in the closure process by the
12382  federal Department of Defense or for reasons otherwise deemed to
12383  promote the orderly and beneficial planning of the subject
12384  military base reuse. Jobs Florida The secretary of the
12385  Department of Community Affairs may grant extensions to the
12386  required submission date of the reuse plan.
12387         Section 190. Paragraph (b) of subsection (1), paragraphs
12388  (a) and (c) of subsection (2) and subsections (3), (4), (5),
12389  (6), (7), and (9) of section 288.980, Florida Statutes, are
12390  amended to read:
12391         288.980 Military base retention; legislative intent; grants
12392  program.—
12393         (1)
12394         (b) The Florida Defense Alliance, an organization within
12395  the Jobs Florida Partnership, Inc., Enterprise Florida, is
12396  designated as the organization to ensure that Florida, its
12397  resident military bases and missions, and its military host
12398  communities are in competitive positions as the United States
12399  continues its defense realignment and downsizing. The defense
12400  alliance shall serve as an overall advisory body for Enterprise
12401  Florida defense-related activity of the Jobs Florida
12402  Partnership, Inc. The Florida Defense Alliance may receive
12403  funding from appropriations made for that purpose administered
12404  by Jobs Florida the Office of Tourism, Trade, and Economic
12405  Development.
12406         (2)(a) Jobs Florida The Office of Tourism, Trade, and
12407  Economic Development is authorized to award grants from any
12408  funds available to it to support activities related to the
12409  retention of military installations potentially affected by
12410  federal base closure or realignment.
12411         (c) Except for grants issued pursuant to the Florida
12412  Military Installation Reuse Planning and Marketing Grant Program
12413  as described in paragraph (3)(c), the amount of any grant
12414  provided to an applicant may not exceed $250,000. Jobs Florida
12415  The Office of Tourism, Trade, and Economic Development shall
12416  require that an applicant:
12417         1. Represent a local government with a military
12418  installation or military installations that could be adversely
12419  affected by federal base realignment or closure.
12420         2. Agree to match at least 30 percent of any grant awarded.
12421         3. Prepare a coordinated program or plan of action
12422  delineating how the eligible project will be administered and
12423  accomplished.
12424         4. Provide documentation describing the potential for
12425  realignment or closure of a military installation located in the
12426  applicant’s community and the adverse impacts such realignment
12427  or closure will have on the applicant’s community.
12428         (3) The Florida Economic Reinvestment Initiative is
12429  established to respond to the need for this state and defense
12430  dependent communities in this state to develop alternative
12431  economic diversification strategies to lessen reliance on
12432  national defense dollars in the wake of base closures and
12433  reduced federal defense expenditures and the need to formulate
12434  specific base reuse plans and identify any specific
12435  infrastructure needed to facilitate reuse. The initiative shall
12436  consist of the following two three distinct grant programs to be
12437  administered by Jobs Florida the Office of Tourism, Trade, and
12438  Economic Development:
12439         (a) The Florida Defense Planning Grant Program, through
12440  which funds shall be used to analyze the extent to which the
12441  state is dependent on defense dollars and defense infrastructure
12442  and prepare alternative economic development strategies. The
12443  state shall work in conjunction with defense-dependent
12444  communities in developing strategies and approaches that will
12445  help communities make the transition from a defense economy to a
12446  nondefense economy. Grant awards may not exceed $250,000 per
12447  applicant and shall be available on a competitive basis.
12448         (b) The Florida Defense Implementation Grant Program,
12449  through which funds shall be made available to defense-dependent
12450  communities to implement the diversification strategies
12451  developed pursuant to paragraph (a). Eligible applicants include
12452  defense-dependent counties and cities, and local economic
12453  development councils located within such communities. Grant
12454  awards may not exceed $100,000 per applicant and shall be
12455  available on a competitive basis. Awards shall be matched on a
12456  one-to-one basis.
12457  
12458  Applications for grants under this subsection must include a
12459  coordinated program of work or plan of action delineating how
12460  the eligible project will be administered and accomplished,
12461  which must include a plan for ensuring close cooperation between
12462  civilian and military authorities in the conduct of the funded
12463  activities and a plan for public involvement.
12464         (4) The Defense Infrastructure Grant Program is created.
12465  Jobs Florida The director of the Office of Tourism, Trade, and
12466  Economic Development shall coordinate and implement this
12467  program, the purpose of which is to support local infrastructure
12468  projects deemed to have a positive impact on the military value
12469  of installations within the state. Funds are to be used for
12470  projects that benefit both the local community and the military
12471  installation. It is not the intent, however, to fund on-base
12472  military construction projects. Infrastructure projects to be
12473  funded under this program include, but are not limited to, those
12474  related to encroachment, transportation and access, utilities,
12475  communications, housing, environment, and security. Grant
12476  requests will be accepted only from economic development
12477  applicants serving in the official capacity of a governing board
12478  of a county, municipality, special district, or state agency
12479  that will have the authority to maintain the project upon
12480  completion. An applicant must represent a community or county in
12481  which a military installation is located. There is no limit as
12482  to the amount of any grant awarded to an applicant. A match by
12483  the county or local community may be required. Jobs Florida The
12484  Office of Tourism, Trade, and Economic Development shall
12485  establish guidelines to implement the purpose of this
12486  subsection.
12487         (5)(a) The Defense-Related Business Adjustment Program is
12488  hereby created. Jobs Florida The Director of the Office of
12489  Tourism, Trade, and Economic Development shall coordinate the
12490  development of the Defense-Related Business Adjustment Program.
12491  Funds shall be available to assist defense-related companies in
12492  the creation of increased commercial technology development
12493  through investments in technology. Such technology must have a
12494  direct impact on critical state needs for the purpose of
12495  generating investment-grade technologies and encouraging the
12496  partnership of the private sector and government defense-related
12497  business adjustment. The following areas shall receive
12498  precedence in consideration for funding commercial technology
12499  development: law enforcement or corrections, environmental
12500  protection, transportation, education, and health care. Travel
12501  and costs incidental thereto, and staff salaries, are not
12502  considered an “activity” for which grant funds may be awarded.
12503         (b) Jobs Florida The Office shall require that an
12504  applicant:
12505         1. Be a defense-related business that could be adversely
12506  affected by federal base realignment or closure or reduced
12507  defense expenditures.
12508         2. Agree to match at least 50 percent of any funds awarded
12509  by the department in cash or in-kind services. Such match shall
12510  be directly related to activities for which the funds are being
12511  sought.
12512         3. Prepare a coordinated program or plan delineating how
12513  the funds will be administered.
12514         4. Provide documentation describing how defense-related
12515  realignment or closure will adversely impact defense-related
12516  companies.
12517         (6) The Retention of Military Installations Program is
12518  created. Jobs Florida The Director of the Office of Tourism,
12519  Trade, and Economic Development shall coordinate and implement
12520  this program. The sum of $1.2 million is appropriated from the
12521  General Revenue Fund for fiscal year 1999-2000 to the Office of
12522  Tourism, Trade, and Economic Development to implement this
12523  program for military installations located in counties with a
12524  population greater than 824,000. The funds shall be used to
12525  assist military installations potentially affected by federal
12526  base closure or realignment in covering current operating costs
12527  in an effort to retain the installation in this state. An
12528  eligible military installation for this program shall include a
12529  provider of simulation solutions for war-fighting
12530  experimentation, testing, and training which employs at least
12531  500 civilian and military employees and has been operating in
12532  the state for a period of more than 10 years.
12533         (7) Jobs Florida The director may award nonfederal matching
12534  funds specifically appropriated for construction, maintenance,
12535  and analysis of a Florida defense workforce database. Such funds
12536  will be used to create a registry of worker skills that can be
12537  used to match the worker needs of companies that are relocating
12538  to this state or to assist workers in relocating to other areas
12539  within this state where similar or related employment is
12540  available.
12541         (9) Jobs Florida The Office of Tourism, Trade, and Economic
12542  Development shall establish guidelines to implement and carry
12543  out the purpose and intent of this section.
12544         Section 191. Paragraphs (a), (e), and (f) of subsection (2)
12545  of section 288.984, Florida Statutes, are amended to read:
12546         288.984 Florida Council on Military Base and Mission
12547  Support.—The Florida Council on Military Base and Mission
12548  Support is established. The council shall provide oversight and
12549  direction for initiatives, claims, and actions taken on behalf
12550  of the state, its agencies, and political subdivisions under
12551  this part.
12552         (2) MEMBERSHIP.—
12553         (a) The council shall be composed of nine members. The
12554  President of the Senate, the Speaker of the House of
12555  Representatives, and the Governor shall each appoint three
12556  members as follows:
12557         1. The President of the Senate shall appoint one member of
12558  the Senate, one community representative from a community-based
12559  defense support organization, and one member who is a retired
12560  military general or flag-rank officer residing in this state or
12561  an executive officer of a defense contracting firm doing
12562  significant business in this state.
12563         2. The Speaker of the House of Representatives shall
12564  appoint one member of the House of Representatives, one
12565  community representative from a community-based defense support
12566  organization, and one member who is a retired military general
12567  or flag-rank officer residing in this state or an executive
12568  officer of a defense contracting firm doing significant business
12569  in this state.
12570         3. The Governor shall appoint the commissioner of Jobs
12571  Florida or the commissioner’s designee, a board member of the
12572  Jobs Florida Partnership, Inc., director or designee of the
12573  Office of Tourism, Trade, and Economic Development, the vice
12574  chairperson or designee of Enterprise Florida, Inc., and one at
12575  large member.
12576         (e) Jobs Florida The Office of Tourism, Trade, and Economic
12577  Development shall provide administrative support to the council.
12578         (f) The Secretary of Community Affairs or his or her
12579  designee, the Secretary of Environmental Protection or his or
12580  her designee, the Secretary of Transportation or his or her
12581  designee, the Adjutant General of the state or his or her
12582  designee, and the executive director of the Department of
12583  Veterans’ Affairs or his or her designee shall attend meetings
12584  held by the council and provide assistance, information, and
12585  support as requested by the council.
12586         Section 192. Subsection (5) and paragraph (b) of subsection
12587  (8) of section 288.9913, Florida Statutes, are amended, and
12588  present subsections (6) through (10) of that section are
12589  renumbered as subsections (5) through (9), respectively, to
12590  read:
12591         288.9913 Definitions.—As used in ss. 288.991-288.9922, the
12592  term:
12593         (5) “Officemeans the Office of Tourism, Trade, and
12594  Economic Development.
12595         (7)(8) “Qualified community development entity” means an
12596  entity that:
12597         (b) Is the Jobs Florida Partnership Enterprise Florida,
12598  Inc., or an entity created by the Jobs Florida Partnership
12599  Enterprise Florida, Inc.
12600         Section 193. Subsections (1), (2), and (3), paragraphs (a)
12601  and (b) of subsection (4), and subsection (6) of section
12602  288.9914, Florida Statutes, are amended to read:
12603         288.9914 Certification of qualified investments; investment
12604  issuance reporting.—
12605         (1) ELIGIBLE INDUSTRIES.—
12606         (a) Jobs Florida The office, in consultation with the Jobs
12607  Florida Partnership, Inc., Enterprise Florida, Inc., shall
12608  designate industries using the North American Industry
12609  Classification System which are eligible to receive low-income
12610  community investments. The designated industries must be those
12611  industries that have the greatest potential to create strong
12612  positive impacts on or benefits to the state, regional, and
12613  local economies.
12614         (b) A qualified community development entity may not make a
12615  qualified low-income community investment in a business unless
12616  the principal activities of the business are within an eligible
12617  industry. Jobs Florida the office may waive this limitation if
12618  Jobs Florida the office determines that the investment will have
12619  a positive impact on a community.
12620         (2) APPLICATION.—A qualified community development entity
12621  must submit an application to Jobs Florida the Office to approve
12622  a proposed investment as a qualified investment. The application
12623  must include:
12624         (a) The name, address, and tax identification number of the
12625  qualified community development entity.
12626         (b) Proof of certification as a qualified community
12627  development entity under 26 U.S.C. s. 45D.
12628         (c) A copy of an allocation agreement executed by the
12629  entity, or its controlling entity, and the Community Development
12630  Financial Institutions Fund, which authorizes the entity to
12631  serve businesses in this state.
12632         (d) A verified statement by the chief executive officer of
12633  the entity that the allocation agreement remains in effect.
12634         (e) A description of the proposed amount, structure, and
12635  purchaser of an equity investment or long-term debt security.
12636         (f) The name and tax identification number of any person
12637  authorized to claim a tax credit earned as a result of the
12638  purchase of the proposed qualified investment.
12639         (g) A detailed explanation of the proposed use of the
12640  proceeds from a proposed qualified investment.
12641         (h) A nonrefundable application fee of $1,000, payable to
12642  Jobs Florida the office.
12643         (i) A statement that the entity will invest only in the
12644  industries designated by Jobs Florida the office.
12645         (j) The entity’s plans for the development of relationships
12646  with community-based organizations, local community development
12647  offices and organizations, and economic development
12648  organizations. The entity must also explain steps it has taken
12649  to implement its plans to develop these relationships.
12650         (k) A statement that the entity will not invest in a
12651  qualified active low-income community business unless the
12652  business will create or retain jobs that pay an average wage of
12653  at least 115 percent of the federal poverty income guidelines
12654  for a family of four.
12655         (3) REVIEW.—
12656         (a) Jobs Florida The office shall review applications to
12657  approve an investment as a qualified investment in the order
12658  received. Jobs Florida The office shall approve or deny an
12659  application within 30 days after receipt.
12660         (b) If Jobs Florida the office intends to deny the
12661  application, Jobs Florida the office shall inform the applicant
12662  of the basis of the proposed denial. The applicant shall have 15
12663  days after it receives the notice of the intent to deny the
12664  application to submit a revised application to Jobs Florida the
12665  office. Jobs Florida the office shall issue a final order
12666  approving or denying the revised application within 30 days
12667  after receipt.
12668         (c) Jobs Florida The office may not approve a cumulative
12669  amount of qualified investments that may result in the claim of
12670  more than $97.5 million in tax credits during the existence of
12671  the program or more than $20 million in tax credits in a single
12672  state fiscal year. However, the potential for a taxpayer to
12673  carry forward an unused tax credit may not be considered in
12674  calculating the annual limit.
12675         (4) APPROVAL.—
12676         (a) Jobs Florida The office shall provide a copy of the
12677  final order approving an investment as a qualified investment to
12678  the qualified community development entity and to the
12679  department. The notice shall include the identity of the
12680  taxpayers who are eligible to claim the tax credits and the
12681  amount that may be claimed by each taxpayer.
12682         (b) Jobs Florida The office shall approve an application
12683  for part of the amount of the proposed investment if the amount
12684  of tax credits available is insufficient.
12685         (6) REPORT OF ISSUANCE OF A QUALIFIED INVESTMENT.—The
12686  qualified community development entity must provide Jobs Florida
12687  the office with evidence of the receipt of the cash in exchange
12688  for the qualified investment within 30 business days after
12689  receipt.
12690         Section 194. Subsection (2) of section 288.9916, Florida
12691  Statutes, is amended to read:
12692         288.9916 New markets tax credit.—
12693         (2) A tax credit earned under this section may not be sold
12694  or transferred, except as provided in this subsection.
12695         (a) A partner, member, or shareholder of a partnership,
12696  limited liability company, S-corporation, or other “pass
12697  through” entity may claim the tax credit pursuant to an
12698  agreement among the partners, members, or shareholders. Any
12699  change in the allocation of a tax credit under the agreement
12700  must be reported to Jobs Florida the office and to the
12701  department.
12702         (b) Eligibility to claim a tax credit transfers to
12703  subsequent purchasers of a qualified investment. Such transfers
12704  must be reported to Jobs Florida the office and to the
12705  department along with the identity, tax identification number,
12706  and tax credit amount allocated to a taxpayer pursuant to
12707  paragraph (a). The notice of transfer also must state whether
12708  unused tax credits are being transferred and the amount of
12709  unused tax credits being transferred.
12710         Section 195. Section 288.9917, Florida Statutes, is amended
12711  to read:
12712         288.9917 Community development entity reporting after a
12713  credit allowance date; certification of tax credit amount.—
12714         (1) A qualified community development entity that has
12715  issued a qualified investment shall submit the following to Jobs
12716  Florida the office within 30 days after each credit allowance
12717  date:
12718         (a) A list of all qualified active low-income community
12719  businesses in which a qualified low-income community investment
12720  was made since the last credit allowance date. The list shall
12721  also describe the type and amount of investment in each business
12722  and the address of the principal location of each business. The
12723  list must be verified by the chief executive officer of the
12724  community development entity.
12725         (b) Bank records, wire transfer records, or similar
12726  documents that provide evidence of the qualified low-income
12727  community investments made since the last credit allowance date.
12728         (c) A verified statement by the chief financial or
12729  accounting officer of the community development entity that no
12730  redemption or principal repayment was made with respect to the
12731  qualified investment since the previous credit allowance date.
12732         (d) Information relating to the recapture of the federal
12733  new markets tax credit since the last credit allowance date.
12734         (2) Jobs Florida The office shall certify in writing to the
12735  qualified community development entity and to the department the
12736  amount of the tax credit authorized for each taxpayer eligible
12737  to claim the tax credit in the tax year containing the last
12738  credit allowance date.
12739         Section 196. Section 288.9918, Florida Statutes, is amended
12740  to read:
12741         288.9918 Annual reporting by a community development
12742  entity.—A community development entity that has issued a
12743  qualified investment shall submit an annual report to Jobs
12744  Florida the office by April 30 after the end of each year which
12745  includes a credit allowance date. The report shall include:
12746         (1) The entity’s annual financial statements for the
12747  preceding tax year, audited by an independent certified public
12748  accountant.
12749         (2) The identity of the types of industries, identified by
12750  the North American Industry Classification System Code, in which
12751  qualified low-income community investments were made.
12752         (3) The names of the counties in which the qualified active
12753  low-income businesses are located which received qualified low
12754  income community investments.
12755         (4) The number of jobs created and retained by qualified
12756  active low-income community businesses receiving qualified low
12757  income community investments, including verification that the
12758  average wages paid meet or exceed 115 percent of the federal
12759  poverty income guidelines for a family of four.
12760         (5) A description of the relationships that the entity has
12761  established with community-based organizations and local
12762  community development offices and organizations and a summary of
12763  the outcomes resulting from those relationships.
12764         (6) Other information and documentation required by Jobs
12765  Florida the office to verify continued certification as a
12766  qualified community development entity under 26 U.S.C. s. 45D.
12767         Section 197. Section 288.9919, Florida Statutes, is amended
12768  to read:
12769         288.9919 Audits and examinations; penalties.—
12770         (1) AUDITS.—A community development entity that issues an
12771  investment approved by Jobs Florida the office as a qualified
12772  investment shall be deemed a recipient of state financial
12773  assistance under s. 215.97, the Florida Single Audit Act.
12774  However, an entity that makes a qualified investment or receives
12775  a qualified low-income community investment is not a
12776  subrecipient for the purposes of s. 215.97.
12777         (2) EXAMINATIONS.—Jobs Florida the office may conduct
12778  examinations to verify compliance with the New Markets
12779  Development Program Act.
12780         Section 198. Section 288.9920, Florida Statutes, is amended
12781  to read:
12782         288.9920 Recapture and penalties.—
12783         (1) Notwithstanding s. 95.091, Jobs Florida the office
12784  shall direct the department, at any time before December 31,
12785  2022, to recapture all or a portion of a tax credit authorized
12786  pursuant to the New Markets Development Program Act if one or
12787  more of the following occur:
12788         (a) The Federal Government recaptures any portion of the
12789  federal new markets tax credit. The recapture by the department
12790  shall equal the recapture by the Federal Government.
12791         (b) The qualified community development entity redeems or
12792  makes a principal repayment on a qualified investment before the
12793  final allowance date. The recapture by the department shall
12794  equal the redemption or principal repayment divided by the
12795  purchase price and multiplied by the tax credit authorized to a
12796  taxpayer for the qualified investment.
12797         (c)1. The qualified community development entity fails to
12798  invest at least 85 percent of the purchase price in qualified
12799  low-income community investments within 12 months after the
12800  issuance of a qualified investment; or
12801         2. The qualified community development entity fails to
12802  maintain 85 percent of the purchase price in qualified low
12803  income community investments until the last credit allowance
12804  date for a qualified investment.
12805  
12806  For the purposes of this paragraph, an investment by a qualified
12807  community development entity includes principal recovered from
12808  an investment for 12 months after its recovery or principal
12809  recovered after the sixth credit allowance date. Principal held
12810  for longer than 12 months or recovered before the sixth credit
12811  allowance date is not an investment unless it is reinvested in a
12812  qualified low-income community investment.
12813         (d) The qualified community development entity fails to
12814  provide Jobs Florida the office with information, reports, or
12815  documentation required by the New Markets Development Program
12816  Act.
12817         (e) Jobs Florida The office determines that a taxpayer
12818  received tax credits to which the taxpayer was not entitled.
12819         (2) Jobs Florida The office shall provide notice to the
12820  qualified community development entity and the department of a
12821  proposed recapture of a tax credit. The entity shall have 6
12822  months following the receipt of the notice to cure a deficiency
12823  identified in the notice and avoid recapture. Jobs Florida the
12824  office shall issue a final order of recapture if the entity
12825  fails to cure a deficiency within the 6-month period. The final
12826  order of recapture shall be provided to the entity, the
12827  department, and a taxpayer otherwise authorized to claim the tax
12828  credit. Only one correction is permitted for each qualified
12829  equity investment during the 7-year credit period. Recaptured
12830  funds shall be deposited into the General Revenue Fund.
12831         (3) An entity that submits fraudulent information to Jobs
12832  Florida the office is liable for the costs associated with the
12833  investigation and prosecution of the fraudulent claim plus a
12834  penalty in an amount equal to double the tax credits claimed by
12835  investors in the entity’s qualified investments. This penalty is
12836  in addition to any other penalty that may be imposed by law.
12837         Section 199. Section 288.9921, Florida Statutes, is amended
12838  to read:
12839         288.9921 Rulemaking.—Jobs Florida the Office and the
12840  Department of Revenue may adopt rules pursuant to ss. 120.536(1)
12841  and 120.54 to administer ss. 288.991-288.9920.
12842         Section 200. Subsection (5) of section 290.004, Florida
12843  Statutes, is amended, and present subsections (6) and (7) of
12844  that subsection are renumbered as subsections (5) and (6),
12845  respectively, to read:
12846         290.004 Definitions relating to Florida Enterprise Zone
12847  Act.—As used in ss. 290.001-290.016:
12848         (5) “Office” means The Office of Tourism, Trade, and
12849  Economic Development.
12850         Section 201. Subsection (1) and paragraphs (a) and (b) of
12851  subsection (6) of section 290.0055, Florida Statutes, are
12852  amended to read:
12853         290.0055 Local nominating procedure.—
12854         (1) If, pursuant to s. 290.0065, an opportunity exists for
12855  designation of a new enterprise zone, any county or
12856  municipality, or a county and one or more municipalities
12857  together, may apply to Jobs Florida the office for the
12858  designation of an area as an enterprise zone after completion of
12859  the following:
12860         (a) The adoption by the governing body or bodies of a
12861  resolution which:
12862         1. Finds that an area exists in such county or
12863  municipality, or in both the county and one or more
12864  municipalities, which chronically exhibits extreme and
12865  unacceptable levels of poverty, unemployment, physical
12866  deterioration, and economic disinvestment;
12867         2. Determines that the rehabilitation, conservation, or
12868  redevelopment, or a combination thereof, of such area is
12869  necessary in the interest of the public health, safety, and
12870  welfare of the residents of such county or municipality, or such
12871  county and one or more municipalities; and
12872         3. Determines that the revitalization of such area can
12873  occur only if the private sector can be induced to invest its
12874  own resources in productive enterprises that build or rebuild
12875  the economic viability of the area.
12876         (b) The creation of an enterprise zone development agency
12877  pursuant to s. 290.0056.
12878         (c) The creation and adoption of a strategic plan pursuant
12879  to s. 290.0057.
12880         (6)(a) Jobs Florida The office may approve a change in the
12881  boundary of any enterprise zone which was designated pursuant to
12882  s. 290.0065. A boundary change must continue to satisfy the
12883  requirements of subsections (3), (4), and (5).
12884         (b) Upon a recommendation by the enterprise zone
12885  development agency, the governing body of the jurisdiction which
12886  authorized the application for an enterprise zone may apply to
12887  Jobs Florida the Office for a change in boundary once every 3
12888  years by adopting a resolution that:
12889         1. States with particularity the reasons for the change;
12890  and
12891         2. Describes specifically and, to the extent required by
12892  Jobs Florida the office, the boundary change to be made.
12893         Section 202. Subsections (11) and (12) of section 290.0056,
12894  Florida Statutes, are amended to read:
12895         290.0056 Enterprise zone development agency.—
12896         (11) Prior to December 1 of each year, the agency shall
12897  submit to Jobs Florida the Office of Tourism, Trade, and
12898  Economic Development a complete and detailed written report
12899  setting forth:
12900         (a) Its operations and accomplishments during the fiscal
12901  year.
12902         (b) The accomplishments and progress concerning the
12903  implementation of the strategic plan or measurable goals, and
12904  any updates to the strategic plan or measurable goals.
12905         (c) The number and type of businesses assisted by the
12906  agency during the fiscal year.
12907         (d) The number of jobs created within the enterprise zone
12908  during the fiscal year.
12909         (e) The usage and revenue impact of state and local
12910  incentives granted during the calendar year.
12911         (f) Any other information required by Jobs Florida the
12912  office.
12913         (12) In the event that the nominated area selected by the
12914  governing body is not designated a state enterprise zone, the
12915  governing body may dissolve the agency after receiving
12916  notification from Jobs Florida the office that the area was not
12917  designated as an enterprise zone.
12918         Section 203. Subsections (2) and (4), paragraph (a) of
12919  subsection (6), and subsection (7) of section 290.0065, Florida
12920  Statutes, are amended to read:
12921         290.0065 State designation of enterprise zones.—
12922         (2) If, pursuant to subsection (4), Jobs Florida the office
12923  does not redesignate an enterprise zone, a governing body of a
12924  county or municipality or the governing bodies of a county and
12925  one or more municipalities jointly, pursuant to s. 290.0055, may
12926  apply for designation of an enterprise zone to take the place of
12927  the enterprise zone not redesignated and request designation of
12928  an enterprise zone. Jobs Florida the Office, in consultation
12929  with Enterprise Florida, Inc., shall determine which areas
12930  nominated by such governing bodies meet the criteria outlined in
12931  s. 290.0055 and are the most appropriate for designation as
12932  state enterprise zones. Each application made pursuant to s.
12933  290.0055 shall be ranked competitively based on the pervasive
12934  poverty, unemployment, and general distress of the area; the
12935  strategic plan, including local fiscal and regulatory
12936  incentives, prepared pursuant to s. 290.0057; and the prospects
12937  for new investment and economic development in the area.
12938  Pervasive poverty, unemployment, and general distress shall be
12939  weighted 35 percent; strategic plan and local fiscal and
12940  regulatory incentives shall be weighted 40 percent; and
12941  prospects for new investment and economic development in the
12942  area shall be weighted 25 percent.
12943         (4)(a) Notwithstanding s. 290.0055, Jobs Florida the office
12944  may redesignate any state enterprise zone having an effective
12945  date on or before January 1, 2005, as a state enterprise zone
12946  upon completion and submittal to the office by the governing
12947  body for an enterprise zone of the following:
12948         1. An updated zone profile for the enterprise zone based on
12949  the most recent census data that complies with s. 290.0055,
12950  except that pervasive poverty criteria may be set aside for
12951  rural enterprise zones.
12952         2. A resolution passed by the governing body for that
12953  enterprise zone requesting redesignation and explaining the
12954  reasons the conditions of the zone merit redesignation.
12955         3. Measurable goals for the enterprise zone developed by
12956  the enterprise zone development agency, which may be the goals
12957  established in the enterprise zone’s strategic plan.
12958  
12959  The governing body may also submit a request for a boundary
12960  change in an enterprise zone in the same application to Jobs
12961  Florida the office as long as the new area complies with the
12962  requirements of s. 290.0055, except that pervasive poverty
12963  criteria may be set aside for rural enterprise zones.
12964         (b) Jobs Florida In consultation with Enterprise Florida,
12965  Inc., the office shall, based on the enterprise zone profile and
12966  the grounds for redesignation expressed in the resolution,
12967  determine whether the enterprise zone merits redesignation. Jobs
12968  Florida the office may also examine and consider the following:
12969         1. Progress made, if any, in the enterprise zone’s
12970  strategic plan.
12971         2. Use of enterprise zone incentives during the life of the
12972  enterprise zone.
12973  
12974  If Jobs Florida the office determines that the enterprise zone
12975  merits redesignation, Jobs Florida the office shall notify the
12976  governing body in writing of its approval of redesignation.
12977         (c) If the enterprise zone is redesignated, Jobs Florida
12978  the office shall determine if the measurable goals submitted are
12979  reasonable. If Jobs Florida the office determines that the goals
12980  are reasonable, it the office shall notify the governing body in
12981  writing that the goals have been approved.
12982         (d) If Jobs Florida the office denies redesignation of an
12983  enterprise zone, it the Office shall notify the governing body
12984  in writing of the denial. Any county or municipality having
12985  jurisdiction over an area denied redesignation as a state
12986  enterprise zone pursuant to this subsection may not apply for
12987  designation of that area for 1 year following the date of
12988  denial.
12989         (6)(a) Jobs Florida the office, in consultation with
12990  Enterprise Florida, Inc., may develop guidelines necessary for
12991  the approval of areas under this section by the director.
12992         (7) Upon approval by Jobs Florida the director of a
12993  resolution authorizing an area to be an enterprise zone pursuant
12994  to this section, Jobs Florida the office shall assign a unique
12995  identifying number to that resolution. Jobs Florida the office
12996  shall provide the Department of Revenue and Enterprise Florida,
12997  Inc., with a copy of each resolution approved, together with its
12998  identifying number.
12999         Section 204. Subsection (1) of section 290.0066, Florida
13000  Statutes, is amended to read:
13001         290.0066 Revocation of enterprise zone designation.—
13002         (1) Jobs Florida The director may revoke the designation of
13003  an enterprise zone if Jobs Florida the director determines that
13004  the governing body or bodies:
13005         (a) Have failed to make progress in achieving the
13006  benchmarks set forth in the strategic plan or measurable goals;
13007  or
13008         (b) Have not complied substantially with the strategic plan
13009  or measurable goals.
13010         Section 205. Section 290.00710, Florida Statutes, is
13011  amended to read:
13012         290.00710 Enterprise zone designation for the City of
13013  Lakeland.—The City of Lakeland may apply to Jobs Florida the
13014  Office of Tourism, Trade, and Economic Development for
13015  designation of one enterprise zone for an area within the City
13016  of Lakeland, which zone shall encompass an area up to 10 square
13017  miles. The application must be submitted by December 31, 2005,
13018  and must comply with the requirements of s. 290.0055.
13019  Notwithstanding s. 290.0065, limiting the total number of
13020  enterprise zones designated and the number of enterprise zones
13021  within a population category, Jobs Florida the Office of
13022  Tourism, Trade, and Economic Development may designate one
13023  enterprise zone under this section. Jobs Florida The Office of
13024  Tourism, Trade, and Economic Development shall establish the
13025  initial effective date of the enterprise zone designated
13026  pursuant to this section.
13027         Section 206. Section 290.0072, Florida Statutes, is amended
13028  to read:
13029         290.0072 Enterprise zone designation for the City of Winter
13030  Haven.—The City of Winter Haven may apply to Jobs Florida the
13031  Office of Tourism, Trade, and Economic Development for
13032  designation of one enterprise zone for an area within the City
13033  of Winter Haven, which zone shall encompass an area up to 5
13034  square miles. Notwithstanding s. 290.0065 limiting the total
13035  number of enterprise zones designated and the number of
13036  enterprise zones within a population category, Jobs Florida the
13037  Office of Tourism, Trade, and Economic Development may designate
13038  one enterprise zone under this section. Jobs Florida The Office
13039  of Tourism, Trade, and Economic Development shall establish the
13040  initial effective date of the enterprise zone designated
13041  pursuant to this section.
13042         Section 207. Section 290.00725, Florida Statutes, is
13043  amended to read:
13044         290.00725 Enterprise zone designation for the City of
13045  Ocala.—The City of Ocala may apply to Jobs Florida the Office of
13046  Tourism, Trade, and Economic Development for designation of one
13047  enterprise zone for an area within the western portion of the
13048  city, which zone shall encompass an area up to 5 square miles.
13049  The application must be submitted by December 31, 2009, and must
13050  comply with the requirements of s. 290.0055. Notwithstanding s.
13051  290.0065 limiting the total number of enterprise zones
13052  designated and the number of enterprise zones within a
13053  population category, Jobs Florida the Office of Tourism, Trade,
13054  and Economic Development may designate one enterprise zone under
13055  this section. Jobs Florida The Office of Tourism, Trade, and
13056  Economic Development shall establish the initial effective date
13057  of the enterprise zone designated under this section.
13058         Section 208. Section 290.0073, Florida Statutes, is amended
13059  to read:
13060         290.0073 Enterprise zone designation for Indian River
13061  County, the City of Vero Beach, and the City of Sebastian.
13062  Indian River County, the City of Vero Beach, and the City of
13063  Sebastian may jointly apply to Jobs Florida the Office of
13064  Tourism, Trade, and Economic Development for designation of one
13065  enterprise zone encompassing an area not to exceed 10 square
13066  miles. The application must be submitted by December 31, 2005,
13067  and must comply with the requirements of s. 290.0055.
13068  Notwithstanding the provisions of s. 290.0065 limiting the total
13069  number of enterprise zones designated and the number of
13070  enterprise zones within a population category, Jobs Florida the
13071  Office of Tourism, Trade, and Economic Development may designate
13072  one enterprise zone under this section. Jobs Florida The Office
13073  of Tourism, Trade, and Economic Development shall establish the
13074  initial effective date of the enterprise zone designated
13075  pursuant to this section.
13076         Section 209. Section 290.0074, Florida Statutes, is amended
13077  to read:
13078         290.0074 Enterprise zone designation for Sumter County.
13079  Sumter County may apply to Jobs Florida the Office of Tourism,
13080  Trade, and Economic Development for designation of one
13081  enterprise zone encompassing an area not to exceed 10 square
13082  miles. The application must be submitted by December 31, 2005.
13083  Notwithstanding the provisions of s. 290.0065 limiting the total
13084  number of enterprise zones designated and the number of
13085  enterprise zones within a population category, Jobs Florida the
13086  Office of Tourism, Trade, and Economic Development may designate
13087  one enterprise zone under this section. Jobs Florida The Office
13088  of Tourism, Trade and Economic Development shall establish the
13089  initial effective date of the enterprise zone designated
13090  pursuant to this section.
13091         Section 210. Section 290.0077, Florida Statutes, is amended
13092  to read:
13093         290.0077 Enterprise zone designation for Orange County and
13094  the municipality of Apopka.—Orange County and the municipality
13095  of Apopka may jointly apply to Jobs Florida the Office of
13096  Tourism, Trade, and Economic Development for designation of one
13097  enterprise zone. The application must be submitted by December
13098  31, 2005, and must comply with the requirements of s. 290.0055.
13099  Notwithstanding the provisions of s. 290.0065 limiting the total
13100  number of enterprise zones designated and the number of
13101  enterprise zones within a population category, Jobs Florida the
13102  Office of Tourism, Trade, and Economic Development may designate
13103  one enterprise zone under this section. Jobs Florida The Office
13104  of Tourism, Trade, and Economic Development shall establish the
13105  initial effective date of the enterprise zone designated
13106  pursuant to this section.
13107         Section 211. Section 290.014, Florida Statutes, is amended
13108  to read:
13109         290.014 Annual reports on enterprise zones.—
13110         (1) By February 1 of each year, the Department of Revenue
13111  shall submit an annual report to Jobs Florida the Office of
13112  Tourism, Trade, and Economic Development detailing the usage and
13113  revenue impact by county of the state incentives listed in s.
13114  290.007.
13115         (2) By March 1 of each year, Jobs Florida the office shall
13116  submit an annual report to the Governor, the Speaker of the
13117  House of Representatives, and the President of the Senate. The
13118  report shall include the information provided by the Department
13119  of Revenue pursuant to subsection (1) and the information
13120  provided by enterprise zone development agencies pursuant to s.
13121  290.0056. In addition, the report shall include an analysis of
13122  the activities and accomplishments of each enterprise zone.
13123         Section 212. Subsections (3), (5), (8), (9), (10), and (11)
13124  of section 311.09, Florida Statutes, are amended to read:
13125         311.09 Florida Seaport Transportation and Economic
13126  Development Council.—
13127         (3) The council shall prepare a 5-year Florida Seaport
13128  Mission Plan defining the goals and objectives of the council
13129  concerning the development of port facilities and an intermodal
13130  transportation system consistent with the goals of the Florida
13131  Transportation Plan developed pursuant to s. 339.155. The
13132  Florida Seaport Mission Plan shall include specific
13133  recommendations for the construction of transportation
13134  facilities connecting any port to another transportation mode
13135  and for the efficient, cost-effective development of
13136  transportation facilities or port facilities for the purpose of
13137  enhancing international trade, promoting cargo flow, increasing
13138  cruise passenger movements, increasing port revenues, and
13139  providing economic benefits to the state. The council shall
13140  update the 5-year Florida Seaport Mission Plan annually and
13141  shall submit the plan no later than February 1 of each year to
13142  the President of the Senate,; the Speaker of the House of
13143  Representatives,; Jobs Florida, and the Office of Tourism,
13144  Trade, and Economic Development; the Department of
13145  Transportation; and the Department of Community Affairs. The
13146  council shall develop programs, based on an examination of
13147  existing programs in Florida and other states, for the training
13148  of minorities and secondary school students in job skills
13149  associated with employment opportunities in the maritime
13150  industry, and report on progress and recommendations for further
13151  action to the President of the Senate and the Speaker of the
13152  House of Representatives annually.
13153         (5) The council shall review and approve or disapprove each
13154  project eligible to be funded pursuant to the Florida Seaport
13155  Transportation and Economic Development Program. The council
13156  shall annually submit to the Secretary of Transportation and;
13157  the commissioner of Jobs Florida, or his or her designee,
13158  director of the Office of Tourism, Trade, and Economic
13159  Development; and the Secretary of Community Affairs a list of
13160  projects which have been approved by the council. The list shall
13161  specify the recommended funding level for each project; and, if
13162  staged implementation of the project is appropriate, the funding
13163  requirements for each stage shall be specified.
13164         (8) Jobs Florida The Office of Tourism, Trade, and Economic
13165  Development, in consultation with Enterprise Florida, Inc.,
13166  shall review the list of projects approved by the council to
13167  evaluate the economic benefit of the project and to determine
13168  whether the project is consistent with the Florida Seaport
13169  Mission Plan. Jobs Florida The Office of Tourism, Trade, and
13170  Economic Development shall review the economic benefits of each
13171  project based upon the rules adopted pursuant to subsection (4).
13172  Jobs Florida The Office of Tourism, Trade, and Economic
13173  Development shall identify those projects which it has
13174  determined do not offer an economic benefit to the state or are
13175  not consistent with the Florida Seaport Mission Plan and shall
13176  notify the council of its findings.
13177         (9) The council shall review the findings of Jobs Florida
13178  the Department of Community Affairs; the Office of Tourism,
13179  Trade, and Economic Development; and the Department of
13180  Transportation. Projects found to be inconsistent pursuant to
13181  subsections (6), (7), and (8) and projects which have been
13182  determined not to offer an economic benefit to the state
13183  pursuant to subsection (8) shall not be included in the list of
13184  projects to be funded.
13185         (10) The Department of Transportation shall include in its
13186  annual legislative budget request a Florida Seaport
13187  Transportation and Economic Development grant program for
13188  expenditure of funds of not less than $8 million per year. Such
13189  budget shall include funding for projects approved by the
13190  council which have been determined by each agency to be
13191  consistent and which have been determined by Jobs Florida the
13192  Office of Tourism, Trade, and Economic Development to be
13193  economically beneficial. The department shall include the
13194  specific approved seaport projects to be funded under this
13195  section during the ensuing fiscal year in the tentative work
13196  program developed pursuant to s. 339.135(4). The total amount of
13197  funding to be allocated to seaport projects under s. 311.07
13198  during the successive 4 fiscal years shall also be included in
13199  the tentative work program developed pursuant to s. 339.135(4).
13200  The council may submit to the department a list of approved
13201  projects that could be made production-ready within the next 2
13202  years. The list shall be submitted by the department as part of
13203  the needs and project list prepared pursuant to s.
13204  339.135(2)(b). However, the department shall, upon written
13205  request of the Florida Seaport Transportation and Economic
13206  Development Council, submit work program amendments pursuant to
13207  s. 339.135(7) to the Governor within 10 days after the later of
13208  the date the request is received by the department or the
13209  effective date of the amendment, termination, or closure of the
13210  applicable funding agreement between the department and the
13211  affected seaport, as required to release the funds from the
13212  existing commitment. Notwithstanding s. 339.135(7)(c), any work
13213  program amendment to transfer prior year funds from one approved
13214  seaport project to another seaport project is subject to the
13215  procedures in s. 339.135(7)(d). Notwithstanding any provision of
13216  law to the contrary, the department may transfer unexpended
13217  budget between the seaport projects as identified in the
13218  approved work program amendments.
13219         (11) The council shall meet at the call of its chairperson,
13220  at the request of a majority of its membership, or at such times
13221  as may be prescribed in its bylaws. However, the council must
13222  meet at least semiannually. A majority of voting members of the
13223  council constitutes a quorum for the purpose of transacting the
13224  business of the council. All members of the council are voting
13225  members. A vote of the majority of the voting members present is
13226  sufficient for any action of the council, except that a member
13227  representing the Department of Transportation, the Department of
13228  Community Affairs, or Jobs Florida the Office of Tourism, Trade,
13229  and Economic Development may vote to overrule any action of the
13230  council approving a project pursuant to subsection (5). The
13231  bylaws of the council may require a greater vote for a
13232  particular action.
13233         Section 213. Section 311.11, Florida Statutes, is amended
13234  to read:
13235         311.11 Seaport Employment Training Grant Program.—
13236         (1) Jobs Florida The Office of Tourism, Trade, and Economic
13237  Development, in cooperation with the Florida Seaport
13238  Transportation and Economic Development Council, shall establish
13239  a Seaport Employment Training Grant Program within Jobs Florida
13240  the Office. Jobs Florida the office shall grant funds
13241  appropriated by the Legislature to the program for the purpose
13242  of stimulating and supporting seaport training and employment
13243  programs which will seek to match state and local training
13244  programs with identified job skills associated with employment
13245  opportunities in the port, maritime, and transportation
13246  industries, and for the purpose of providing such other
13247  training, educational, and information services as required to
13248  stimulate jobs in the described industries. Funds may be used
13249  for the purchase of equipment to be used for training purposes,
13250  hiring instructors, and any other purpose associated with the
13251  training program. The office’s contribution of Jobs Florida to
13252  any specific training program may not exceed 50 percent of the
13253  total cost of the program. Matching contributions may include
13254  services in kind, including, but not limited to, training
13255  instructors, equipment usage, and training facilities.
13256         (2) Jobs Florida The Office shall adopt criteria to
13257  implement this section.
13258         Section 214. Paragraphs (i) and (l) of subsection (1) of
13259  section 311.115, Florida Statutes, are amended to read:
13260         311.115 Seaport Security Standards Advisory Council.—The
13261  Seaport Security Standards Advisory Council is created under the
13262  Office of Drug Control. The council shall serve as an advisory
13263  council as provided in s. 20.03(7).
13264         (1) The members of the council shall be appointed by the
13265  Governor and consist of the following:
13266         (i) One representative of Jobs Florida member from the
13267  Office of Tourism, Trade, and Economic Development.
13268         (l) The Director of the Office Division of Emergency
13269  Management, or his or her designee.
13270         Section 215. Subsection (2) of section 311.22, Florida
13271  Statutes, is amended to read:
13272         311.22 Additional authorization for funding certain
13273  dredging projects.—
13274         (2) The council shall adopt rules for evaluating the
13275  projects that may be funded pursuant to this section. The rules
13276  must provide criteria for evaluating the economic benefit of the
13277  project. The rules must include the creation of an
13278  administrative review process by the council which is similar to
13279  the process described in s. 311.09(5)-(12), and provide for a
13280  review by the Department of Community Affairs, the Department of
13281  Transportation, and Jobs Florida the Office of Tourism, Trade,
13282  and Economic Development of all projects submitted for funding
13283  under this section.
13284         Section 216. Paragraph (a) of subsection (6), paragraph (b)
13285  of subsection (9), subsection (60), and paragraph (b) of
13286  subsection (65) of section 320.08058, Florida Statutes, are
13287  amended to read:
13288         320.08058 Specialty license plates.—
13289         (6) FLORIDA UNITED STATES OLYMPIC COMMITTEE LICENSE
13290  PLATES.—
13291         (a) Because the United States Olympic Committee has
13292  selected this state to participate in a combined fundraising
13293  program that provides for one-half of all money raised through
13294  volunteer giving to stay in this state and be administered by
13295  the Jobs Florida Partnership, Inc., direct-support organization
13296  established under s. 288.1229 to support amateur sports, and
13297  because the United States Olympic Committee and the Jobs Florida
13298  Partnership, Inc., direct-support organization are nonprofit
13299  organizations dedicated to providing athletes with support and
13300  training and preparing athletes of all ages and skill levels for
13301  sports competition, and because the Jobs Florida Partnership,
13302  Inc., direct-support organization assists in the bidding for
13303  sports competitions that provide significant impact to the
13304  economy of this state, and the Legislature supports the efforts
13305  of the United States Olympic Committee and the Jobs Florida
13306  Partnership, Inc. direct-support organization, the Legislature
13307  establishes a Florida United States Olympic Committee license
13308  plate for the purpose of providing a continuous funding source
13309  to support this worthwhile effort. Florida United States Olympic
13310  Committee license plates must contain the official United States
13311  Olympic Committee logo and must bear a design and colors that
13312  are approved by the department. The word “Florida” must be
13313  centered at the top of the plate.
13314         (9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.—
13315         (b) The license plate annual use fees are to be annually
13316  distributed as follows:
13317         1. Fifty-five percent of the proceeds from the Florida
13318  Professional Sports Team plate must be deposited into the
13319  Professional Sports Development Trust Fund within Jobs Florida
13320  the Office of Tourism, Trade, and Economic Development. These
13321  funds must be used solely to attract and support major sports
13322  events in this state. As used in this subparagraph, the term
13323  “major sports events” means, but is not limited to, championship
13324  or all-star contests of Major League Baseball, the National
13325  Basketball Association, the National Football League, the
13326  National Hockey League, the men’s and women’s National
13327  Collegiate Athletic Association Final Four basketball
13328  championship, or a horseracing or dogracing Breeders’ Cup. All
13329  funds must be used to support and promote major sporting events,
13330  and the uses must be approved by the Florida Sports Foundation.
13331         2. The remaining proceeds of the Florida Professional
13332  Sports Team license plate must be allocated to the Jobs Florida
13333  Partnership, Inc Florida Sports Foundation, a direct-support
13334  organization of the Office of Tourism, Trade, and Economic
13335  Development. These funds must be deposited into the Professional
13336  Sports Development Trust Fund within Jobs Florida the Office of
13337  Tourism, Trade, and Economic Development. These funds must be
13338  used by the Jobs Florida Partnership, Inc., Florida Sports
13339  Foundation to promote the economic development of the sports
13340  industry; to distribute licensing and royalty fees to
13341  participating professional sports teams; to promote education
13342  programs in Florida schools that provide an awareness of the
13343  benefits of physical activity and nutrition standards; to
13344  partner with the Department of Education and the Department of
13345  Health to develop a program that recognizes schools whose
13346  students demonstrate excellent physical fitness or fitness
13347  improvement; to institute a grant program for communities
13348  bidding on minor sporting events that create an economic impact
13349  for the state; to distribute funds to Florida-based charities
13350  designated by the Jobs Florida Partnership, Inc., Florida Sports
13351  Foundation and the participating professional sports teams; and
13352  to fulfill the sports promotion responsibilities of Jobs Florida
13353  the Office of Tourism, Trade, and Economic Development.
13354         3. The Jobs Florida Partnership, Inc., Florida Sports
13355  Foundation shall provide an annual financial audit in accordance
13356  with s. 215.981 of its financial accounts and records by an
13357  independent certified public accountant pursuant to the contract
13358  established by Jobs Florida the Office of Tourism, Trade, and
13359  Economic Development as specified in s. 288.1229(5). The auditor
13360  shall submit the audit report to Jobs Florida the Office of
13361  Tourism, Trade, and Economic Development for review and
13362  approval. If the audit report is approved, Jobs Florida the
13363  office shall certify the audit report to the Auditor General for
13364  review.
13365         4. Notwithstanding the provisions of subparagraphs 1. and
13366  2., proceeds from the Professional Sports Development Trust Fund
13367  may also be used for operational expenses of the Jobs Florida
13368  Partnership, Inc., Florida Sports Foundation and financial
13369  support of the Sunshine State Games.
13370         (60) FLORIDA NASCAR LICENSE PLATES.—
13371         (a) The department shall develop a Florida NASCAR license
13372  plate as provided in this section. Florida NASCAR license plates
13373  must bear the colors and design approved by the department. The
13374  word “Florida” must appear at the top of the plate, and the term
13375  “NASCAR” must appear at the bottom of the plate. The National
13376  Association for Stock Car Auto Racing, following consultation
13377  with the Jobs Florida Partnership, Inc. Florida Sports
13378  Foundation, may submit a sample plate for consideration by the
13379  department.
13380         (b) The license plate annual use fees shall be distributed
13381  to the Jobs Florida Partnership, Inc. Florida Sports Foundation,
13382  a direct-support organization of the Office of Tourism, Trade,
13383  and Economic Development. The license plate annual use fees
13384  shall be annually allocated as follows:
13385         1. Up to 5 percent of the proceeds from the annual use fees
13386  may be used by the Jobs Florida Partnership, Inc., Florida
13387  Sports Foundation for the administration of the NASCAR license
13388  plate program.
13389         2. The National Association for Stock Car Auto Racing shall
13390  receive up to $60,000 in proceeds from the annual use fees to be
13391  used to pay startup costs, including costs incurred in
13392  developing and issuing the plates. Thereafter, 10 percent of the
13393  proceeds from the annual use fees shall be provided to the
13394  association for the royalty rights for the use of its marks.
13395         3. The remaining proceeds from the annual use fees shall be
13396  distributed to the Jobs Florida Partnership, Inc Florida Sports
13397  Foundation. The Jobs Florida Partnership, Inc., Florida Sports
13398  Foundation will retain 15 percent to support its regional grant
13399  program, attracting sporting events to Florida; 20 percent to
13400  support the marketing of motorsports-related tourism in the
13401  state; and 50 percent to be paid to the NASCAR Foundation, a s.
13402  501(c)(3) charitable organization, to support Florida-based
13403  charitable organizations.
13404         (c) The Jobs Florida Partnership, Inc., Florida Sports
13405  Foundation shall provide an annual financial audit in accordance
13406  with s. 215.981 of its financial accounts and records by an
13407  independent certified public accountant pursuant to the contract
13408  established by Jobs Florida the Office of Tourism, Trade, and
13409  Economic Development as specified in s. 288.1229(5). The auditor
13410  shall submit the audit report to Jobs Florida the Office of
13411  Tourism, Trade, and Economic Development for review and
13412  approval. If the audit report is approved, Jobs Florida the
13413  office shall certify the audit report to the Auditor General for
13414  review.
13415         (65) FLORIDA TENNIS LICENSE PLATES.—
13416         (b) The department shall distribute the annual use fees to
13417  the Jobs Florida Partnership, Inc Florida Sports Foundation, a
13418  direct-support organization of the Office of Tourism, Trade, and
13419  Economic Development. The license plate annual use fees shall be
13420  annually allocated as follows:
13421         1. Up to 5 percent of the proceeds from the annual use fees
13422  may be used by the Jobs Florida Partnership, Inc., Florida
13423  Sports Foundation to administer the license plate program.
13424         2. The United States Tennis Association Florida Section
13425  Foundation shall receive the first $60,000 in proceeds from the
13426  annual use fees to reimburse it for startup costs,
13427  administrative costs, and other costs it incurs in the
13428  development and approval process.
13429         3. Up to 5 percent of the proceeds from the annual use fees
13430  may be used for promoting and marketing the license plates. The
13431  remaining proceeds shall be available for grants by the United
13432  States Tennis Association Florida Section Foundation to
13433  nonprofit organizations to operate youth tennis programs and
13434  adaptive tennis programs for special populations of all ages,
13435  and for building, renovating, and maintaining public tennis
13436  courts.
13437         Section 217. Section 331.302, Florida Statutes, is amended
13438  to read:
13439         331.302 Space Florida; creation; purpose.—
13440         (1) There is established, formed, and created Space
13441  Florida, which is created as an independent special district, a
13442  body politic and corporate, and a subdivision of the state, to
13443  foster the growth and development of a sustainable and world
13444  leading aerospace industry in this state. Space Florida shall
13445  promote aerospace business development by facilitating business
13446  financing, spaceport operations, research and development,
13447  workforce development, and innovative education programs. Space
13448  Florida has all the powers, rights, privileges, and authority as
13449  provided in this chapter under the laws of this state.
13450         (2) In carrying out its duties and responsibilities, Space
13451  Florida shall advise, coordinate, cooperate, and, when
13452  necessary, enter into memoranda of agreement with
13453  municipalities, counties, regional authorities, state agencies
13454  and organizations, appropriate federal agencies and
13455  organizations, and other interested persons and groups.
13456         (3) Space Florida shall be administratively housed within
13457  the Jobs Florida Partnership, Inc. Space Florida may not endorse
13458  any candidate for any elected public office or contribute money
13459  to the campaign of any candidate for public office.
13460         (4) Space Florida is not an agency as defined in ss.
13461  216.011 and 287.012.
13462         (5) Space Florida is subject to applicable provisions of
13463  chapter 189. To the extent that any provisions of chapter 189
13464  conflict with this act, this act shall prevail.
13465         (6)Space Florida may not endorse any candidate for any
13466  elected public office or contribute money to the campaign of any
13467  candidate for public office.
13468         Section 218. Section 331.3081, Florida Statutes, is amended
13469  to read:
13470         (Substantial rewording of section. See
13471         s. 331.3081, F.S., for present text.)
13472         331.3081Board of Directors; advisory board.—
13473         (1) Space Florida shall be governed by the 11-member board
13474  of directors of the Jobs Florida Partnership, Inc., created in
13475  s. 288.901(4).
13476         (2) Space Florida shall have a 15-member advisory council,
13477  appointed by the Governor from a list of nominations submitted
13478  by the board of directors. The advisory council shall be
13479  comprised of Florida residents with expertise in the space
13480  industry, and each of the following areas of expertise or
13481  experience must be represented by at least one advisory council
13482  member: human space-flight programs, commercial launches into
13483  space, organized labor with experience working in the aerospace
13484  industry, aerospace-related industries, a commercial company
13485  working under Federal Government contracts to conduct space
13486  related business, an aerospace company whose primary client is
13487  the United States Department of Defense, and an alternative
13488  energy enterprise with potential for aerospace applications. The
13489  advisory council shall elect a member to serve as the chair of
13490  the council.
13491         (3) The advisory council shall make recommendations to the
13492  partnership’s board of directors on the operation of Space
13493  Florida, including matters pertaining to ways to improve or
13494  enhance Florida’s efforts to expand its existing space and
13495  aerospace industry, to improve management and use of Florida’s
13496  state-owned real property assets related to space and aerospace,
13497  how best to retain and, if necessary, retrain Florida’s highly
13498  skilled space and aerospace workforce, and how to strengthen
13499  bonds between this state, NASA, the Department of Defense, and
13500  private space and aerospace industries.
13501         (4) The term for an advisory council member is 4 years. A
13502  member may not serve more than two consecutive terms. The
13503  Governor may remove any member for cause and shall fill all
13504  vacancies that occur.
13505         (5) Advisory council members shall serve without
13506  compensation, but may be reimbursed for all reasonable,
13507  necessary, and actual expenses, as determined by the
13508  partnership’s board of directors.
13509         Section 219. Subsections (2), (4), and (5) of section
13510  331.369, Florida Statutes, are amended to read:
13511         331.369 Space Industry Workforce Initiative.—
13512         (2) Workforce Florida The Workforce Development Board of
13513  Enterprise Florida, Inc., or its successor entity, shall
13514  coordinate development of a Space Industry Workforce Initiative
13515  in partnership with Space Florida, public and private
13516  universities, community colleges, and other training providers
13517  approved by the board. The purpose of the initiative is to use
13518  or revise existing programs and to develop innovative new
13519  programs to address the workforce needs of the aerospace
13520  industry.
13521         (4) Workforce Florida The Workforce Development Board of
13522  Enterprise Florida, Inc., or its successor entity, with the
13523  assistance of Space Florida, shall convene representatives from
13524  the aerospace industry to identify the priority training and
13525  education needs of the industry and to appoint a team to design
13526  programs to meet the priority needs.
13527         (5) Workforce Florida The Workforce Development Board of
13528  Enterprise Florida, Inc., or its successor entity, as part of
13529  its statutorily prescribed annual report to the Legislature,
13530  shall provide recommendations for policies, programs, and
13531  funding to enhance the workforce needs of the aerospace
13532  industry.
13533         Section 220. Paragraph (f) of subsection (1) of section
13534  339.08, Florida Statutes, is amended to read:
13535         339.08 Use of moneys in State Transportation Trust Fund.—
13536         (1) The department shall expend moneys in the State
13537  Transportation Trust Fund accruing to the department, in
13538  accordance with its annual budget. The use of such moneys shall
13539  be restricted to the following purposes:
13540         (f) To pay the cost of economic development transportation
13541  projects in accordance with s. 288.063.
13542         Section 221. Paragraph (f) of subsection (4) and paragraph
13543  (g) of subsection (7) of section 339.135, Florida Statutes, are
13544  amended to read:
13545         339.135 Work program; legislative budget request;
13546  definitions; preparation, adoption, execution, and amendment.—
13547         (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
13548         (f) The central office shall submit a preliminary copy of
13549  the tentative work program to the Executive Office of the
13550  Governor, the legislative appropriations committees, the Florida
13551  Transportation Commission, and Jobs Florida the Department of
13552  Community Affairs at least 14 days prior to the convening of the
13553  regular legislative session. Prior to the statewide public
13554  hearing required by paragraph (g), Jobs Florida the Department
13555  of Community Affairs shall transmit to the Florida
13556  Transportation Commission a list of those projects and project
13557  phases contained in the tentative work program which are
13558  identified as being inconsistent with approved local government
13559  comprehensive plans. For urbanized areas of metropolitan
13560  planning organizations, the list may not contain any project or
13561  project phase that is scheduled in a transportation improvement
13562  program unless such inconsistency has been previously reported
13563  to the affected metropolitan planning organization.
13564         (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
13565         (g) Notwithstanding the requirements in paragraphs (d) and
13566  (g) and ss. 216.177(2) and 216.351, the secretary may request
13567  the Executive Office of the Governor to amend the adopted work
13568  program when an emergency exists, as defined in s. 252.34(3),
13569  and the emergency relates to the repair or rehabilitation of any
13570  state transportation facility. The Executive Office of the
13571  Governor may approve the amendment to the adopted work program
13572  and amend that portion of the department’s approved budget if a
13573  in the event that the delay incident to the notification
13574  requirements in paragraph (d) would be detrimental to the
13575  interests of the state. However, the department shall
13576  immediately notify the parties specified in paragraph (d) and
13577  shall provide such parties written justification for the
13578  emergency action within 7 days after of the approval by the
13579  Executive Office of the Governor of the amendment to the adopted
13580  work program and the department’s budget. In no event may The
13581  adopted work program may not be amended under the provisions of
13582  this subsection without the certification by the comptroller of
13583  the department that there are sufficient funds available
13584  pursuant to the 36-month cash forecast and applicable statutes.
13585         Section 222. Subsection (2) of section 364.0135, Florida
13586  Statutes, is amended to read:
13587         364.0135 Promotion of broadband deployment.—
13588         (2) The Department of Management Services is authorized to
13589  work collaboratively with, and to receive staffing support and
13590  other resources from, the Jobs Florida Partnership Enterprise
13591  Florida, Inc., state agencies, local governments, private
13592  businesses, and community organizations to:
13593         (a) Conduct a needs assessment of broadband Internet
13594  service in collaboration with communications service providers,
13595  including, but not limited to, wireless and wireline Internet
13596  service providers, to develop geographical information system
13597  maps at the census tract level that will:
13598         1. Identify geographic gaps in broadband services,
13599  including areas unserved by any broadband provider and areas
13600  served by a single broadband provider;
13601         2. Identify the download and upload transmission speeds
13602  made available to businesses and individuals in the state, at
13603  the census tract level of detail, using data rate benchmarks for
13604  broadband service used by the Federal Communications Commission
13605  to reflect different speed tiers; and
13606         3. Provide a baseline assessment of statewide broadband
13607  deployment in terms of percentage of households with broadband
13608  availability.
13609         (b) Create a strategic plan that has goals and strategies
13610  for increasing the use of broadband Internet service in the
13611  state.
13612         (c) Build and facilitate local technology planning teams or
13613  partnerships with members representing cross-sections of the
13614  community, which may include, but are not limited to,
13615  representatives from the following organizations and industries:
13616  libraries, K-12 education, colleges and universities, local
13617  health care providers, private businesses, community
13618  organizations, economic development organizations, local
13619  governments, tourism, parks and recreation, and agriculture.
13620         (d) Encourage the use of broadband Internet service,
13621  especially in the rural, unserved, and underserved communities
13622  of the state through grant programs having effective strategies
13623  to facilitate the statewide deployment of broadband Internet
13624  service. For any grants to be awarded, priority must be giv