ENROLLED
       2011 Legislature                          SB 2156, 3rd Engrossed
       
       
       
       
       
       
                                                             20112156er
    1  
    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 to the
    6         Department of Education; transferring the Office of
    7         Unemployment Compensation to the Department of
    8         Economic Opportunity; transferring the Unemployment
    9         Appeals Commission to the Department of Economic
   10         Opportunity; transferring the Office of Workforce
   11         Services to the Department of Economic Opportunity;
   12         requiring the Auditor General to conduct an audit of
   13         the Office of Early Learning; transferring the
   14         functions and trust funds of the Department of
   15         Community Affairs to other agencies; transferring the
   16         Florida Housing Finance Corporation to the Department
   17         of Economic Opportunity; transferring the Division of
   18         Housing and Community Development to the Department of
   19         Economic Opportunity; transferring the Division of
   20         Community Planning to the Department of Economic
   21         Opportunity; transferring the Division of Emergency
   22         Management to the Executive Office of the Governor;
   23         transferring the Florida Building Commission to the
   24         Department of Business and Professional Regulation;
   25         transferring the responsibilities under the Florida
   26         Communities Trust to the Department of Environmental
   27         Protection; transferring the responsibilities under
   28         the Stan Mayfield Working Waterfronts Program to the
   29         Department of Environmental Protection; transferring
   30         functions and trust funds of the Office of Tourism,
   31         Trade, and Economic Development in the Executive
   32         Office of the Governor to the Department of Economic
   33         Opportunity; transferring the Ready to Work program to
   34         the Department of Education; providing legislative
   35         intent with respect to the transfer of programs and
   36         administrative responsibilities; providing for a
   37         transition period; providing for coordination between
   38         the Agency for Workforce Innovation, the Department of
   39         Community Affairs, the Department of Education, and
   40         the Office of Tourism, Trade, and Economic Development
   41         and other state agencies to implement the transition;
   42         requiring that the Governor appoint a representative
   43         to coordinate the transition plan; requiring that the
   44         Governor submit information and obtain waivers as
   45         required by federal law; authorizing the Governor to
   46         transfer funds and positions between agencies upon
   47         approval from the Legislative Budget Commission to
   48         implement the act; directing the nonprofit entities to
   49         enter into a plan for merger; transitioning the
   50         Florida Tourism Marketing Corporation d/b/a VISIT
   51         Florida to Enterprise Florida, Inc.; providing
   52         legislative intent with respect to the merger of
   53         Enterprise Florida, Inc., the Florida Sports
   54         Foundation Incorporated, and the Florida Black
   55         Business Investment Board, Inc., into, and the
   56         transition of the Florida Tourism Industry Marketing
   57         Corporation d/b/a VISIT Florida to, Enterprise
   58         Florida, Inc.; providing for a transition period;
   59         requiring that the Governor appoint a representative
   60         to coordinate the transition plan; providing for the
   61         transfer of any funds held in trust by the entities to
   62         be transferred to Enterprise Florida, Inc., to be used
   63         for the funds’ original purposes; requiring that the
   64         Governor submit information and obtain waivers as
   65         required by federal law; requiring the Department of
   66         Economic Opportunity to submit a business plan by
   67         September 1, 2011; specifying report details;
   68         requiring the Department of Economic Opportunity to
   69         submit a report on streamlining economic development
   70         and workforce functions by January 1, 2012; requiring
   71         a review of the Department of Economic Opportunity by
   72         July 1, 2016; specifying the details of the review;
   73         providing a directive to the Division of Statutory
   74         Revision to assist substantive committees to prepare
   75         conforming legislation; creating s. 14.2016, F.S.;
   76         establishing the Division of Emergency Management as a
   77         separate budget entity within the Executive Office of
   78         the Governor; providing for the director of the
   79         division to serve at the pleasure of the Governor;
   80         amending s. 20.15, F.S.; establishing the Office of
   81         Early Learning as a separate budget entity within the
   82         Department of Education; providing for the office to
   83         administer the school readiness system and the
   84         Voluntary Prekindergarten Education Program; providing
   85         for the director of the office to serve at the
   86         pleasure of the Governor; creating s. 20.60, F.S.;
   87         creating the Department of Economic Opportunity as a
   88         new department of state government; providing for the
   89         executive director of the Department of Economic
   90         Opportunity to be appointed by the Governor and
   91         confirmed by the Senate; establishing divisions of the
   92         Department of Economic Opportunity and specifying
   93         their responsibilities; providing for the Department
   94         of Economic Opportunity to serve as the designated
   95         agency for the purposes of federal workforce
   96         development grants; authorizing the Department of
   97         Economic Opportunity to contract for training for
   98         employees of administrative entities and case managers
   99         of contracted providers; specifying that the
  100         Unemployment Appeals Commission is not subject to
  101         control, supervision, or direction from the Department
  102         of Economic Opportunity; specifying the
  103         responsibilities of the executive director of the
  104         Department of Economic Opportunity; requiring an
  105         annual report on the business climate and economic
  106         development in the state; requiring the Department of
  107         Economic Opportunity to establish annual performance
  108         standards for public-private partnerships; providing
  109         for the Department of Economic Opportunity to have an
  110         official seal; providing for the Department of
  111         Economic Opportunity to administer the role of state
  112         government with respect to laws relating to housing;
  113         amending s. 14.32, F.S.; specifying powers and
  114         responsibilities of the Chief Inspector General in the
  115         Executive Office of the Governor with respect to
  116         public-private partnerships; amending s. 201.15, F.S;
  117         revising the distribution of excise taxes on
  118         documents; providing for specified distributions of
  119         funds to the State Economic Enhancement and
  120         Development Trust Fund in the Department of Economic
  121         Opportunity; amending s. 215.559, F.S.; providing for
  122         the Hurricane Loss Mitigation Program to be housed
  123         within the Division of Emergency Management; extending
  124         the repeal date of the program; deleting an obsolete
  125         provision relating to the use of funds for programs to
  126         retrofit certain existing hurricane shelters; creating
  127         s. 288.005, F.S.; defining the terms “economic
  128         benefits,” “department,” and “executive director”;
  129         amending s. 288.061, F.S.; providing for the
  130         Department of Economic Opportunity and Enterprise
  131         Florida, Inc., to review applications for state
  132         economic development incentives; reducing the review
  133         and approval period to 10 business days; authorizing
  134         the Department of Economic Opportunity to enter into
  135         an agreement with an applicant relating to all
  136         incentives offered by the state; amending s. 288.095,
  137         F.S.; providing for the Department of Economic
  138         Opportunity to approve applications for certification
  139         or requests for participation in certain economic
  140         development programs; amending s. 288.1081, F.S.;
  141         providing for the Economic Gardening Business Loan
  142         Pilot Program to be administered by the Department of
  143         Economic Opportunity; amending s. 288.1082, F.S.;
  144         providing for the Economic Gardening Technical
  145         Assistance Pilot Program to be administered by the
  146         Department of Economic Opportunity; amending s.
  147         288.901, F.S.; creating Enterprise Florida, Inc., as a
  148         nonprofit corporation; specifying that Enterprise
  149         Florida, Inc., is subject to the provisions of chs.
  150         119 and 286, F.S.; specifying that the board of
  151         directors of Enterprise Florida, Inc., is subject to
  152         certain requirements in ch. 112, F.S.; specifying the
  153         purposes of Enterprise Florida, Inc.; creating the
  154         board of directors for Enterprise Florida, Inc.;
  155         naming the Governor as chair of the board of
  156         directors; specifying appointment procedures, terms of
  157         office, selecting a vice chairperson, filling
  158         vacancies, and removing board members; providing for
  159         the appointment of at-large members to the board of
  160         directors; specifying terms; allowing the at-large
  161         members to make contributions to Enterprise Florida,
  162         Inc.; specifying ex officio, nonvoting members of the
  163         board of directors; specifying that members of the
  164         board of directors serve without compensation, but are
  165         entitled to reimbursement for all reasonable,
  166         necessary, and actual expenses as determined by the
  167         board of directors; amending s. 288.9015, F.S.;
  168         specifying the powers of Enterprise Florida, Inc., and
  169         the board of directors; authorizing liberal
  170         construction of the statutory powers of Enterprise
  171         Florida, Inc.; prohibiting Enterprise Florida, Inc.,
  172         from pledging the full faith and credit of the state;
  173         allowing Enterprise Florida, Inc., to indemnify,
  174         purchase, and maintain insurance on its board members,
  175         officers, and employees; amending s. 288.903, F.S.;
  176         specifying the duties of Enterprise Florida, Inc.;
  177         amending s. 288.904, F.S.; providing for legislative
  178         appropriations; requiring a private match equal to at
  179         least 100 percent of the appropriation of public
  180         funds; specifying potential sources of private
  181         funding; requiring a one-to-one match for private to
  182         public contributions for marketing and advertising
  183         activities; directing the board of directors to
  184         develop annual budgets; providing for Enterprise
  185         Florida, Inc., to enter into an agreement with the
  186         Department of Economic Opportunity; requiring
  187         performance measures; requiring review of the
  188         activities of Enterprise Florida, Inc., as a return on
  189         the public’s financial investment; amending s.
  190         288.905, F.S.; directing the board of directors of
  191         Enterprise Florida, Inc., to hire a president, who
  192         serves at the pleasure of the Governor; specifying
  193         that the president also be known as the “Secretary of
  194         Commerce”; defining the president’s role and
  195         responsibilities; forbidding an employee of Enterprise
  196         Florida, Inc., from earning more than the Governor,
  197         but providing for the granting of performance-based
  198         incentive payments to employees which may increase
  199         their total compensation in excess of the Governor’s;
  200         amending s. 288.906, F.S.; requiring Enterprise
  201         Florida, Inc., to prepare an annual report by December
  202         1 of each year; specifying the content of the annual
  203         report; creating s. 288.907, F.S.; requiring
  204         Enterprise Florida, Inc., to create an annual
  205         incentives report; specifying the required components
  206         of the report; creating s. 288.912, F.S.; requiring
  207         that certain counties and municipalities annually
  208         provide to the partnership an overview of certain
  209         local economic development activities; creating s.
  210         288.92, F.S.; authorizing Enterprise Florida, Inc., to
  211         create divisions; requiring certain divisions;
  212         providing for hiring of staff; creating s. 288.923,
  213         F.S.; creating the Division of Tourism Marketing;
  214         providing definitions; requiring Enterprise Florida,
  215         Inc., to contract with the Florida Tourism Industry
  216         Marketing Corporation; specifying the division’s
  217         responsibilities and duties, including a 4-year
  218         marketing plan; requiring an annual report; amending
  219         s. 288.1226, F.S.; establishing the Florida Tourism
  220         Marketing Corporation as a direct-support organization
  221         of Enterprise Florida, Inc.; establishing the
  222         membership of the board of directors of the
  223         corporation; establishing the membership of the board
  224         of directors of the corporation; making changes to
  225         conform to the act; amending s. 409.942, F.S.;
  226         deleting requirements that Workforce Florida, Inc.,
  227         establish an electronic transfer benefit program;
  228         amending s. 411.0102, F.S.; requiring each
  229         participating early learning coalition board to
  230         develop a plan for the use of child care purchasing
  231         pool funds; amending ss. 11.40, 11.45, 14.20195,
  232         15.182, 16.615, 17.61, 20.181, 39.001, 45.031, 69.041,
  233         112.63, 112.665, 112.3135, 119.071, 120.54, 120.80,
  234         125.045, 159.803, 159.8081, 159.8083, 159.809,
  235         161.142, 161.54, 163.3164, 166.021, 171.204, 175.021,
  236         186.504, 186.505, 189.403, 189.412, 189.413, 189.425,
  237         189.427, 189.4035, 190.009, 190.047, 191.009, 191.015,
  238         202.037, 212.08, 212.096, 212.097, 212.098, 212.20,
  239         213.053, 215.5588, 216.136, 216.292, 216.231, 218.32,
  240         218.37, 218.64, 220.03, 220.181, 220.182, 220.183,
  241         220.1895, 220.1896, 220.1899, 220.191, 222.15, 250.06,
  242         252.34, 252.35, 252.355, 252.371, 252.373, 252.55,
  243         252.60, 252.61, 252.82, 252.83, 252.85, 252.86,
  244         252.87, 252.88, 252.936, 252.937, 252.943, 252.946,
  245         255.042, 255.099, 258.004, 259.035, 259.105, 260.0142,
  246         267.0625, 272.11, 282.34, 282.709, 287.0931, 287.0943,
  247         287.09451, 287.0947, 288.012, 288.017, 288.018,
  248         288.019, 288.021, 288.0251, 288.035, 288.037, 288.041,
  249         288.047, 288.063, 288.065, 288.0655, 288.0656,
  250         288.06561, 288.0657, 288.0658, 288.0659, 288.075,
  251         288.1045, 288.106, 288.107, 288.108, 288.1083,
  252         288.1088, 288.1089, 288.109, 288.1095, 288.1162,
  253         288.11621, 288.1168, 288.1169, 288.1171, 288.1175,
  254         288.122, 288.12265, 288.124, 288.1251, 288.1252,
  255         288.1253, 288.1254, 288.7015, 288.703, 288.705,
  256         288.706, 288.7094, 288.7102, 288.714, 288.773,
  257         288.774, 288.776, 288.7771, 288.816, 288.809,
  258         288.8175, 288.826, 288.95155, 288.955, 288.9604,
  259         288.9605, 288.9606, 288.9624, 288.9625, 288.975,
  260         288.980, 288.984, 288.9913, 288.9914, 288.9916,
  261         288.9917, 288.9918, 288.9919, 288.9920, 288.9921,
  262         290.004, 290.0055, 290.0056, 290.0058, 290.0065,
  263         290.0066, 290.00710, 290.0072, 290.00725, 290.0073,
  264         290.0074, 290.0077, 290.014, 290.4042, 290.043,
  265         290.044, 290.046, 290.047, 290.048, 290.0491, 290.053,
  266         290.06561, 310.0015, 311.09, 311.105, 327.803, 311.11,
  267         311.115, 311.22, 320.08058, 320.63, 331.3051,
  268         331.3081, 332.115, 333.065, 339.135, 339.175, 342.201,
  269         369.303, 369.318, 369.321, 369.322, 369.323, 369.324,
  270         373.199, 373.4149, 373.453, 375.021, 376.60, 376.86,
  271         377.809, 378.411, 379.2291, 380.031, 380.06, 380.061,
  272         380.0677, 380.285, 380.503, 380.504, 380.5115,
  273         381.0054, 381.0086, 381.0303, 381.7354, 383.14,
  274         393.067, 395.1055, 395.1056, 397.321, 397.801, 400.23,
  275         400.497, 400.506, 400.605, 400.935, 400.967, 401.245,
  276         402.281, 402.45, 402.56, 403.0752, 403.42, 403.507,
  277         403.508, 403.524, 403.526, 403.527, 403.757, 403.7032,
  278         403.941, 403.9411, 403.973, 404.056, 404.0617,
  279         409.017, 409.1451, 409.2576, 409.508, 409.509,
  280         410.502, 411.01, 411.0101, 411.01013, 411.01014,
  281         411.01015, 411.0103, 411.0104, 411.0105, 411.0106,
  282         411.011, 411.226, 411.227, 414.24, 414.40, 414.295,
  283         414.411, 418.12, 420.0003, 420.0004, 420.0005,
  284         420.101, 420.111, 420.36, 420.424, 420.503, 420.504,
  285         420.506, 420.5095, 420.602, 402.609, 420.622, 420.631,
  286         420.635, 421.001, 422.001, 423.001, 427.012, 429.41,
  287         429.907, 429.929, 440.12, 440.15, 440.45, 422.001,
  288         473.3065, 440.381, 443.012, 443.036, 443.041, 443.051,
  289         443.071, 443.091, 443.101, 443.111, 443.1113,
  290         443.1115, 443.1116, 443.1215, 443.1216, 443.1217,
  291         443.131, 443.1312, 443.1313, 443.1315, 443.1316,
  292         443.1317, 443.141, 443.151, 443.163, 443.171,
  293         443.1715, 443.181, 443.191, 443.211, 443.221, 445.002,
  294         445.003, 445.004, 445.007, 445.009, 445.016, 445.024,
  295         445.0325, 445.038, 445.045, 445.048, 445.049, 445.051,
  296         445.056, 450.261, 446.41, 446.50, 446.52, 448.109,
  297         448.110, 450.161, 450.191, 450.31, 468.529, 489.103,
  298         489.109, 489.509, 497.271, 526.144, 551.104, 553.36,
  299         553.382, 553.512, 553.71, 553.721, 553.74, 553.841,
  300         553.896, 553.901, 553.9085, 553.954, 553.955, 553.973,
  301         553.992, 553.995, 570.71, 570.96, 597.006, 604.006,
  302         624.5105, 625.3255, 627.0628, 627.0629, 627.3511,
  303         641.217, 657.042, 658.67, 720.403, 720.404, 720.406,
  304         760.854, 768.13, 943.03101, 943.0311, 943.0313,
  305         944.801, 945.10, 985.601, 1002.375, 1002.53, 1002.55,
  306         1002.61, 1002.63, 1002.67, 1002.69, 1002.71, 1002.72,
  307         1002.77, 1002.79, 1002.75, 1003.491, 1003.492,
  308         1003.493, 1003.575, 1003.4285, 1004.226, 1004.435,
  309         1004.46, 1008.39, 1008.41, 1011.76, 1012.2251,
  310         1013.37, 1013.372, and 1013.74, F.S.; conforming
  311         provisions to changes made by the act; conforming
  312         cross-references; deleting obsolete provisions;
  313         amending s. 288.012, F.S.; creating the state protocol
  314         officer; amending s. 411.01, F.S.; providing that the
  315         Department of Education provides preservation of
  316         parental choice; amending s. 1002.67, F.S.; providing
  317         for private prekindergarten providers or public
  318         schools that are on probation to use a staff
  319         development plan to strengthen instruction in language
  320         development and phonological awareness approved by the
  321         department; transferring, renumbering, and amending
  322         ss. 20.505 and 1004.99, F.S.; conforming provisions to
  323         changes made by the act; repealing s. 14.2015, F.S.,
  324         relating to the creation of the Office of Tourism,
  325         Trade, and Economic Development; repealing s. 20.18,
  326         F.S., relating to the creation of the Department of
  327         Community Affairs; repealing s. 20.50, F.S., relating
  328         to the creation of the Agency for Workforce
  329         Innovation; repealing 23.22(2), F.S., to conform a
  330         cross-reference; repealing 165.031(6), F.S., which
  331         includes the Department of Community Affairs in a
  332         definition; repealing 165.093, F.S., relating to the
  333         directing of all state and local agencies to cooperate
  334         in administering ch. 165, F.S.; repealing ss. 216.235,
  335         216.236, 216.237, and 216.238, F.S., relating to the
  336         Innovation Investment Program, the selection of review
  337         boards to evaluate innovative investment projects, the
  338         appointment of the State Innovation Committee and
  339         approval of such projects, the funding, recordkeeping,
  340         and reporting for such projects, the establishment by
  341         state agencies of internal innovations funds, and the
  342         adoption of rules by the Department of Management
  343         Services for the program; repealing s. 287.115, F.S.,
  344         relating to a requirement for the Chief Financial
  345         Officer to submit a report on contractual service
  346         contracts disallowed; repealing ss. 288.1221,
  347         288.1222, 288.1223, 288.1224, 288.1227, and 288.1229,
  348         F.S., relating to the Florida Commission on Tourism
  349         and the Florida Tourism Industry Marketing
  350         Corporation; repealing s. 288.7011, F.S., relating to
  351         contracts between the Office of Tourism, Trade, and
  352         Economic Development and a certain nonprofit statewide
  353         development corporation; repealing ss. 288.7065,
  354         288.707, 288.708, 288.709, 288.7091, and 288.712,
  355         F.S., relating to the Black Business Investment Board;
  356         repealing s. 288.12295, F.S., relating to a public
  357         records exemption for donors for a direct-support
  358         organization on promotion and development of sports
  359         related industries and amateur athletics; repealing s.
  360         288.90151, F.S., relating to return on investment from
  361         activities of Enterprise Florida, Inc.; repealing s.
  362         288.9415, F.S., relating to Enterprise Florida, Inc.,
  363         and international trade grants; repealing ss. 409.944,
  364         409.945, and 409.946, F.S., relating to the Inner City
  365         Redevelopment Assistance Grants Program, eligibility
  366         criteria for the program, and the membership of the
  367         Inner City Redevelopment Review Panel; repealing s.
  368         943.402, F.S., relating to transfer of the criminal
  369         justice program of the Department of Community Affairs
  370         to the Department of Law Enforcement; repealing s. 42,
  371         ch. 2005-71, and s. 1, ch. 2005-261, Laws of Florida,
  372         relating to the authorization for funding certain
  373         dredging projects, to delete obsolete provisions;
  374         amending s. 220.191, F.S.; waiving the requirement
  375         that a facility located in a Disproportionally
  376         Affected County be in a high-impact sector in order to
  377         qualify for the capital investment tax credit;
  378         amending s. 288.106, F.S.; creating a process for the
  379         Department of Economic Opportunity to waive wage or
  380         local financial support eligibility requirements;
  381         providing a special incentive under the tax refund
  382         program for a limited time for a qualified target
  383         industry business that relocates from another state to
  384         a Disproportionally Affected County; creating s.
  385         252.363, F.S.; tolling and extending the expiration
  386         dates of certain building permits or other
  387         authorizations following the declaration of a state of
  388         emergency by the Governor; providing exceptions;
  389         providing for the laws, administrative rules, and
  390         ordinances in effect when the permit was issued to
  391         apply to activities described in a permit or other
  392         authorization; providing an exception; amending s.
  393         253.02, F.S.; requiring the Board of Trustees of the
  394         Internal Improvement Trust Fund to recommend to the
  395         Legislature whether existing multistate compacts for
  396         mutual aid should be modified or if a new multistate
  397         compact is necessary to address the Deepwater Horizon
  398         event or similar future incidents; requiring that the
  399         Board of Trustees of the Internal Improvement Trust
  400         Fund appoint members to the Commission on Oil Spill
  401         Response Coordination; providing for the designation
  402         of the chair of the commission by the Governor;
  403         requiring the commission to prepare a report for
  404         review and approval by the board of trustees;
  405         specifying the subject matter of the report; providing
  406         for future expiration; defining the term
  407         “Disproportionally Affected County”; creating a
  408         process for the Department of Economic Opportunity to
  409         waive any or all job or wage eligibility requirements
  410         under certain circumstances when in the best interest
  411         of the public; defining the term “Disproportionally
  412         Affected County”; providing an appropriation to the
  413         Department of Economic Opportunity to contract with
  414         the Office of Economic Development and Engagement
  415         within the University of West Florida in order to
  416         develop and implement an economic development program
  417         for a Disproportionally Affected County; specifying a
  418         preference for a Disproportionally Affected County or
  419         municipalities within a Disproportionally Affected
  420         County which provide for expedited or combined
  421         permitting for certain purposes; providing for the
  422         appropriation to be placed in reserve by the Executive
  423         Office of the Governor for release as authorized by
  424         law or the Legislative Budget Commission; defining the
  425         term “Disproportionally Affected County”; providing
  426         for the deposit of funds received by entities involved
  427         in the Deepwater Horizon oil spill into applicable
  428         state trust funds; specifying permissible uses of such
  429         funds; designating the Department of Environmental
  430         Protection as the lead agency for expending funds for
  431         environmental restoration; designating the Department
  432         of Economic Opportunity as the lead agency for funds
  433         designated for economic incentives and diversification
  434         efforts; providing for a type two transfer of the
  435         Florida Energy and Climate Commission within the
  436         Executive Office of the Governor to the Department of
  437         Agriculture and Consumer Services; amending ss.
  438         220.192, 288.9607, 366.82, 366.92, 377.6015, 377.602,
  439         377.603, 377.604, 377.605, 377.606, 377.608, F.S.;
  440         eliminating the Florida Energy and Climate Commission
  441         and transferring its duties to the Department of
  442         Agriculture and Consumer Services; conforming
  443         provisions to changes made by the act; amending s.
  444         377.701; transferring the duties of petroleum
  445         allocation from the Florida Energy and Climate
  446         Commission to the Division of Emergency Management;
  447         amending s. 377.703; conforming provisions to changes
  448         made by the act; transferring energy emergency
  449         contingency plans to the Division of Emergency
  450         Management; providing that the Department of
  451         Management Services shall coordinate the energy
  452         conservation programs of all state agencies;
  453         transferring administration of the Coastal Energy
  454         Impact Program to the Department of Environmental
  455         Protection; amending ss. 377.711, 377.801, 377.803,
  456         377.804, 377.806, 377.807, 377.808, 403.44, 526.207,
  457         570.954, and 1004.648, F.S; conforming provisions to
  458         changes made by the act; amending s. 570.074, F.S.;
  459         providing for the creation of the Office of Energy and
  460         Water within the Department of Agriculture and
  461         Consumer Services; amending chapter 2010-282, Laws of
  462         Florida; conforming provisions to changes made by the
  463         act; authorizing the Department of Agriculture and
  464         Consumer Services to submit a budget amendment for a
  465         fixed capital outlay appropriation for federal energy
  466         grants; providing an effective date.
  467  
  468  Be It Enacted by the Legislature of the State of Florida:
  469  
  470         Section 1. Type two transfers from the Agency for Workforce
  471  Innovation.—
  472         (1) All powers, duties, functions, records, offices,
  473  personnel, associated administrative support positions,
  474  property, pending issues, existing contracts, administrative
  475  authority, administrative rules, and unexpended balances of
  476  appropriations, allocations, and other funds relating to the
  477  following programs in the Agency for Workforce Innovation are
  478  transferred by a type two transfer, as defined in s. 20.06(2),
  479  Florida Statutes, as follows:
  480         (a) The Office of Early Learning Services, including all
  481  related policies and procedures, is transferred to the
  482  Department of Education.
  483         (b) The Office of Unemployment Compensation is transferred
  484  to the Department of Economic Opportunity.
  485         (c) The Unemployment Appeals Commission is transferred to
  486  the Department of Economic Opportunity.
  487         (d) The Office of Workforce Services is transferred to the
  488  Department of Economic Opportunity.
  489         (2) The following trust funds are transferred:
  490         (a) From the Agency for Workforce Innovation to the
  491  Department of Education, the Child Care and Development Block
  492  Grant Trust Fund.
  493         (b) From the Agency for Workforce Innovation to the
  494  Department of Economic Opportunity:
  495         1. The Administrative Trust Fund.
  496         2. The Employment Security Administration Trust Fund.
  497         3. The Special Employment Security Administration Trust
  498  Fund.
  499         4. The Unemployment Compensation Benefit Trust Fund.
  500         5. The Unemployment Compensation Clearing Trust Fund.
  501         6. The Revolving Trust Fund.
  502         7. The Welfare Transition Trust Fund.
  503         8. The Displaced Homemaker Trust Fund.
  504         (3) Any binding contract or interagency agreement existing
  505  before October 1, 2011, between the Agency for Workforce
  506  Innovation, or an entity or agent of the agency, and any other
  507  agency, entity, or person shall continue as a binding contract
  508  or agreement for the remainder of the term of such contract or
  509  agreement on the successor department, agency, or entity
  510  responsible for the program, activity, or functions relative to
  511  the contract or agreement.
  512         (4) All powers, duties, functions, records, offices,
  513  personnel, property, pending issues, and existing contracts,
  514  administrative authority, administrative rules, and unexpended
  515  balances of appropriations, allocations, and other funds
  516  relating to the Agency for Workforce Innovation which are not
  517  specifically transferred by this section are transferred by a
  518  type two transfer, as defined in s. 20.06(2), Florida Statutes,
  519  to the Department of Economic Opportunity.
  520         Section 2. Before December 31, 2011, the Auditor General
  521  shall conduct a financial and performance audit, as defined in
  522  s. 11.45, Florida Statutes, of the Office of Early Learning
  523  Services’ programs and related delivery systems.
  524         Section 3. Type two transfers from the Department of
  525  Community Affairs.—
  526         (1) All powers, duties, functions, records, offices,
  527  personnel, associated administrative support positions,
  528  property, pending issues, existing contracts, administrative
  529  authority, administrative rules, and unexpended balances of
  530  appropriations, allocations, and other funds relating to the
  531  following programs in the Department of Community Affairs are
  532  transferred by a type two transfer, as defined in s. 20.06(2),
  533  Florida Statutes, as follows:
  534         (a) The Florida Housing Finance Corporation is transferred
  535  to the Department of Economic Opportunity.
  536         (b) The Division of Housing and Community Development is
  537  transferred to the Department of Economic Opportunity.
  538         (c) The Division of Community Planning is transferred to
  539  the Department of Economic Opportunity.
  540         (d) The Division of Emergency Management is transferred to
  541  the Executive Office of the Governor.
  542         (e) The Florida Building Commission is transferred to the
  543  Department of Business and Professional Regulation.
  544         (f) The responsibilities under the Florida Communities
  545  Trust, part III of chapter 380, Florida Statutes, are
  546  transferred to the Department of Environmental Protection.
  547         (g) The responsibilities under the Stan Mayfield Working
  548  Waterfronts program authorized in s. 380.5105, Florida Statutes,
  549  are transferred to the Department of Environmental Protection.
  550         (2) The following trust funds are transferred:
  551         (a) From the Department of Community Affairs to the
  552  Department of Economic Opportunity:
  553         1. The State Housing Trust Fund.
  554         2. The Community Services Block Grant Trust Fund.
  555         3. The Local Government Housing Trust Fund.
  556         4. The Florida Small Cities Community Development Block
  557  Grant Trust Fund.
  558         5. The Federal Grants Trust Fund.
  559         6. The Grants and Donations Trust Fund.
  560         7. The Energy Consumption Trust Fund.
  561         8. The Low-Income Home Energy Assistance Trust Fund.
  562         (b) From the Department of Community Affairs to the
  563  Executive Office of the Governor:
  564         1. The Emergency Management Preparedness and Assistance
  565  Trust Fund.
  566         2. The Federal Emergency Management Programs Support Trust
  567  Fund.
  568         3. The U.S. Contributions Trust Fund.
  569         4. The Operating Trust Fund.
  570         5. The Administrative Trust Fund.
  571         (c) From the Department of Community Affairs to the
  572  Department of Environmental Protection:
  573         1. The Florida Forever Program Trust Fund.
  574         2. The Florida Communities Trust Fund.
  575         (3) Any binding contract or interagency agreement existing
  576  before October 1, 2011, between the Department of Community
  577  Affairs or Division of Emergency Management, or an entity or
  578  agent of the department or division, and any other agency,
  579  entity, or person shall continue as a binding contract or
  580  agreement for the remainder of the term of such contract or
  581  agreement on the successor department, agency, or entity
  582  responsible for the program, activity, or functions relative to
  583  the contract or agreement.
  584         (4) All powers, duties, functions, records, offices,
  585  personnel, property, pending issues, and existing contracts,
  586  administrative authority, administrative rules, and unexpended
  587  balances of appropriations, allocations, and other funds
  588  relating to the Department of Community Affairs which are not
  589  specifically transferred by this section are transferred by a
  590  type two transfer, as defined in s. 20.06(2), Florida Statutes,
  591  to the Department of Economic Opportunity.
  592         Section 4. Type two transfers from Executive Office of the
  593  Governor.—
  594         (1) All powers, duties, functions, records, offices,
  595  personnel, associated administrative support positions,
  596  property, pending issues, existing contracts, administrative
  597  authority, administrative rules, and unexpended balances of
  598  appropriations, allocations, and other funds relating to the
  599  Office of Tourism, Trade, and Economic Development in the
  600  Executive Office of the Governor are transferred by a type two
  601  transfer, as defined in s. 20.06(2), Florida Statutes, to the
  602  Department of Economic Opportunity.
  603         (2) The following trust funds are transferred from the
  604  Executive Office of the Governor to the Department of Economic
  605  Opportunity:
  606         (a) The Economic Development Trust Fund.
  607         (b) The Economic Development Transportation Trust Fund.
  608         (c) The Tourism Promotional Trust Fund.
  609         (d) The Professional Sports Development Trust Fund.
  610         (e) The Florida International Trade and Promotion Trust
  611  Fund.
  612         (3) Any binding contract or interagency agreement existing
  613  before October 1, 2011, between the Office of Tourism, Trade,
  614  and Economic Development in the Executive Office of the
  615  Governor, or an entity or agent of the office, and any other
  616  agency, entity, or person shall continue as a binding contract
  617  or agreement for the remainder of the term of such contract or
  618  agreement on the successor department, agency, or entity
  619  responsible for the program, activity, or functions relative to
  620  the contract or agreement.
  621         (4) All powers, duties, functions, records, offices,
  622  personnel, property, pending issues, and existing contracts,
  623  administrative authority, administrative rules, and unexpended
  624  balances of appropriations, allocations, and other funds
  625  relating to the Office of Tourism, Trade, and Economic
  626  Development in the Executive Office of the Governor which are
  627  not specifically transferred by this section are transferred by
  628  a type two transfer, as defined in s. 20.06(2), Florida
  629  Statutes, to the Department of Economic Opportunity.
  630         Section 5. All powers, duties, functions, records, pending
  631  issues, existing contracts, and unexpended balances of
  632  appropriations, allocations, and other funds relating to the
  633  Ready to Work program within the Department of Education are
  634  transferred by a type two transfer, as defined in s. 20.06(2),
  635  Florida Statutes, to the Department of Economic Opportunity.
  636         Section 6. (1) It is the intent of the Legislature that the
  637  changes made by this act be accomplished with minimal disruption
  638  of services provided to the public and with minimal disruption
  639  to employees of any organization. To that end, the Legislature
  640  directs all applicable units of state government to contribute
  641  to the successful implementation of this act, and the
  642  Legislature believes that a transition period between the
  643  effective date of this act and October 1, 2011, is appropriate
  644  and warranted.
  645         (2) The Agency for Workforce Innovation, the Department of
  646  Community Affairs, the Department of Education, and the Office
  647  of Tourism, Trade, and Economic Development in the Executive
  648  Office of the Governor shall each coordinate the development and
  649  implementation of a transition plan that supports the
  650  implementation of this act. Any state agency identified by the
  651  Agency for Workforce Innovation, the Department of Community
  652  Affairs, the Department of Education or the Office of Tourism,
  653  Trade, and Economic Development in the Executive Office of the
  654  Governor shall cooperate fully in developing and implementing
  655  the plan and shall dedicate the financial and staff resources
  656  that are necessary to implement the plan.
  657         (3)(a) The director of the Agency for Workforce Innovation,
  658  the Secretary of the Department of Community Affairs, the
  659  commissioner of the Department of Education, and the director of
  660  the Office of Tourism, Trade, and Economic Development in the
  661  Executive Office of the Governor shall each designate a
  662  transition coordinator to serve as the primary representative on
  663  matters related to implementing this act and the transition
  664  plans required under this section.
  665         (b) The Governor shall designate a transition coordinator
  666  to serve as the Governor’s primary representative on matters
  667  related to implementing this act, implementation of the
  668  transition plans developed pursuant to this section, and
  669  coordinator of the transition activities of the Agency for
  670  Workforce Innovation, the Department of Community Affairs, the
  671  Department of Education, and the Office of Tourism, Trade, and
  672  Economic Development.
  673         (4) The transition coordinators designated under subsection
  674  (3) shall submit a joint progress report by August 15, 2011, to
  675  the Governor, the President of the Senate, and the Speaker of
  676  the House of Representatives on the implementation of this act
  677  and the transition plans, including, but not limited to, any
  678  adverse impact or negative consequences on programs and
  679  services, of meeting any deadline imposed by this act, and any
  680  difficulties experienced by the Agency for Workforce Innovation,
  681  the Department of Community Affairs, the Department of
  682  Education, or the Office of Tourism, Trade, and Economic
  683  Development in securing the full participation and cooperation
  684  of applicable state agencies. Each representative shall also
  685  coordinate the submission of any budget amendments, in
  686  accordance with chapter 216, Florida Statutes, which may be
  687  necessary to implement this act.
  688         (5) Notwithstanding ss. 216.292 and 216.351, Florida
  689  Statutes, upon approval by the Legislative Budget Commission,
  690  the Executive Office of the Governor may transfer funds and
  691  positions between agencies to implement this act.
  692         (6) Upon the recommendation and guidance of transition
  693  coordinators designated in subsection (3), the Governor shall
  694  submit in a timely manner to the applicable federal departments
  695  or agencies any necessary amendments or supplemental information
  696  concerning plans that the state is required to submit to the
  697  Federal Government in connection with any federal or state
  698  program. The Governor shall seek any waivers from the
  699  requirements of Federal law or rules which may be necessary to
  700  administer the provisions of this act.
  701         (7) The transfer of any program, activity, duty, or
  702  function under this act includes the transfer of any records and
  703  unexpended balances of appropriations, allocations, or other
  704  funds related to such program, activity, duty, or function.
  705  Unless otherwise provided, the successor organization to any
  706  program, activity, duty, or function transferred under this act
  707  shall become the custodian of any property of the organization
  708  that was responsible for the program, activity, duty, or
  709  function immediately prior to the transfer.
  710         Section 7. (1) The nonprofit corporations established in
  711  ss. 288.1229 and 288.707, Florida Statutes, are merged into and
  712  transferred to Enterprise Florida, Inc.
  713         (2) The Florida Sports Foundation Incorporated and the
  714  Florida Black Business Investment Board, Inc., must enter into a
  715  plan to merge into Enterprise Florida, Inc. Such merger must be
  716  completed by December 31, 2011. The merger is subject to chapter
  717  617, Florida Statutes, related to the merger of nonprofit
  718  corporations.
  719         (3) The nonprofit corporation established in s. 288.1226,
  720  Florida Statutes, shall be the direct-support organization for
  721  Enterprise Florida, Inc. The Florida Tourism Industry Marketing
  722  Corporation and Enterprise Florida, Inc., must establish a plan
  723  to transfer the contractual relationship with the Florida
  724  Commission on Tourism to Enterprise Florida, Inc., by December
  725  31, 2011.
  726         (4) It is the intent of the Legislature that the changes
  727  made by this act be accomplished with minimal disruption of
  728  services provided to the public and with minimal disruption to
  729  employees of any organization. To that end, the Legislature
  730  directs that notwithstanding the changes made by this act, the
  731  Florida Sports Foundation Incorporated, and the Florida Black
  732  Business Investment Board, Inc., may continue with such powers,
  733  duties, functions, records, offices, personnel, property,
  734  pending issues, and existing contracts as provided in Florida
  735  Statutes 2010 until December 31, 2011. The Legislature believes
  736  that a transition period between the effective date of this act
  737  and December 31, 2011, is appropriate and warranted.
  738         (5) The Governor shall designate a transition coordinator
  739  to serve as the Governor’s primary representative on matters
  740  related to implementing this act for the merger of the Florida
  741  Sports Foundation Incorporated and the Florida Black Business
  742  Investment Board, Inc., into, Enterprise Florida, Inc., the
  743  transition of the direct-support activities of the Florida
  744  Tourism Industry Marketing Corporation for the benefit of
  745  Enterprise Florida, Inc., and the transition plans required
  746  under this section. The Governor’s transition coordinator shall
  747  submit a progress report to the Governor, the President of the
  748  Senate, and the Speaker of the House of Representatives on the
  749  implementation of this act and the transition plans, including,
  750  but not limited to, any adverse impact or negative consequences
  751  on programs and services, of meeting any deadline imposed by
  752  this act, and any difficulties experienced by the entities. The
  753  transition coordinator shall also coordinate the submission of
  754  any budget amendments, pursuant to chapter 216, Florida
  755  Statutes, which may be necessary to implement this act.
  756         (6) Any funds held in trust which were donated to or earned
  757  by the Florida Sports Foundation Incorporated and the Florida
  758  Black Business Investment Board, Inc., while previously
  759  organized as a corporation under chapter 617, Florida Statutes,
  760  shall be transferred to Enterprise Florida, Inc., to be used by
  761  the relevant division for the original purposes of the funds.
  762         (7) Upon the recommendation and guidance of the Florida
  763  Sports Foundation Incorporated, the Florida Tourism Industry
  764  Marketing Corporation, the Florida Black Business Investment
  765  Board, Inc., or Space Florida, the Governor shall submit in a
  766  timely manner to the applicable Federal departments or agencies
  767  any necessary amendments or supplemental information concerning
  768  plans which the state or one of the entities is required to
  769  submit to the Federal Government in connection with any federal
  770  or state program. The Governor shall seek any waivers from the
  771  requirements of Federal law or rules which may be necessary to
  772  administer the provisions of this act.
  773         (8) The transfer of any program, activity, duty, or
  774  function under this act includes the transfer of any records and
  775  unexpended balances of appropriations, allocations, or other
  776  funds related to such program, activity, duty, or function.
  777  Except as otherwise provided by law, Enterprise Florida, Inc.,
  778  shall become the custodian of any property of the Florida Sports
  779  Foundation, Inc., and the Florida Black Business Investment
  780  Board, Inc., on the date specified in the plan of merger or
  781  December 31, 2011, whichever occurs first.
  782         (9) The Department of Management Services may establish a
  783  lease agreement program under which Enterprise Florida, Inc.,
  784  may hire any individual who was employed by the Florida Black
  785  Business Investment Board, Inc., under a previous lease
  786  agreement under s. 288.708(2), Florida Statutes 2010. Under such
  787  agreement, the employee shall retain his or her status as a
  788  state employee but shall work under the direct supervision of
  789  Enterprise Florida, Inc. Retention of state employee status
  790  shall include the right to participate in the Florida Retirement
  791  System and shall continue until the employee voluntarily or
  792  involuntarily terminates his or her status with Enterprise
  793  Florida, Inc. The Department of Management Services shall
  794  establish the terms and conditions of such lease agreements.
  795         Section 8. (1) By September 1, 2011, the Department of
  796  Economic Opportunity, or its predecessor agencies, in
  797  conjunction with Enterprise Florida, Inc., or any predecessor
  798  public-private partnerships, and Workforce Florida, Inc., must
  799  prepare and submit to the Governor, the President of the Senate,
  800  and the Speaker of the House of Representatives a business plan
  801  for the use of the economic development incentive funds
  802  administered by the department and Enterprise Florida, Inc.,
  803  beginning October 1, 2011. Additionally, the plan should include
  804  any plans for attracting out-of-state industries to Florida,
  805  promoting the expansion of existing industries in this state,
  806  and encouraging the creation of businesses in this state by
  807  Florida residents. At a minimum, the business plan should
  808  include:
  809         (a) Strategies to be used by the department and Enterprise
  810  Florida, Inc., to recruit out-of-state companies, promote
  811  existing businesses to expand, and encourage the creation of new
  812  businesses;
  813         (b) Benchmarks related to:
  814         1. Out-of-state business recruitment and in-state business
  815  creation and expansion by the department and Enterprise Florida,
  816  Inc.;
  817         2. The numbers of jobs created or retained through the
  818  efforts of the department and Enterprise Florida, Inc.; and
  819         3. The number of new international trade clients and new
  820  international sales, including a projected amount of contracts
  821  for Florida-based goods or services;
  822         (c) The minimum amount of annual financial resources the
  823  department and Enterprise Florida, Inc., project will be
  824  necessary to achieve the benchmarks;
  825         (d) The tools, financial and otherwise, necessary to
  826  achieve the benchmarks; and
  827         (e) Time-frames to achieve the benchmarks.
  828         (2) By January 1, 2012, the Department of Economic
  829  Opportunity shall provide the Governor, the President of the
  830  Senate, and the Speaker of the House of Representatives with
  831  recommendations for further reorganization and streamlining of
  832  economic development and workforce functions that improve the
  833  effectiveness and operation of economic development and
  834  workforce programs.
  835         Section 9. Agency review; Department of Economic
  836  Opportunity.—
  837         (1) Not later than July 1, 2016, the Department of Economic
  838  Opportunity shall provide the Legislature with a report on the
  839  department and Enterprise Florida, Inc., which includes:
  840         (a) The performance measures for each program and activity
  841  as defined in s. 216.011 and 3 years of data for each measure
  842  which provides actual results for the immediately preceding 2
  843  years and projected results for the fiscal year that begins in
  844  the year that the agency report is scheduled to be submitted to
  845  the Legislature.
  846         (b) An explanation of factors that have contributed to any
  847  failure to achieve the legislative standards.
  848         (c) The promptness and effectiveness with which the agency
  849  disposes of complaints concerning persons affected by the
  850  agency.
  851         (d) The extent to which the agency has encouraged
  852  participation by the public in making its rules and decisions as
  853  opposed to participation solely by those it regulates and the
  854  extent to which public participation has resulted in rules
  855  compatible with the objectives of the agency.
  856         (e) The extent to which the agency has complied with
  857  applicable requirements of state law and applicable rules
  858  regarding purchasing goals and programs for small and minority
  859  owned businesses.
  860         (f) A statement of any statutory objectives intended for
  861  each program and activity, the problem or need that the program
  862  and activity were intended to address, and the extent to which
  863  these objectives have been achieved.
  864         (g) An assessment of the extent to which the jurisdiction
  865  of the agency and its programs overlap or duplicate those of
  866  other agencies and the extent to which the programs can be
  867  consolidated with those of other agencies.
  868         (h) An assessment of less restrictive or alternative
  869  methods of providing services for which the agency is
  870  responsible which would reduce costs or improve performance
  871  while adequately protecting the public.
  872         (i) An assessment of the extent to which the agency has
  873  corrected deficiencies and implemented recommendations contained
  874  in reports of the Auditor General, the Office of Program Policy
  875  Analysis and Government Accountability, legislative interim
  876  studies, and federal audit entities.
  877         (j) The process by which an agency actively measures
  878  quality and efficiency of services it provides to the public.
  879         (k) The extent to which the agency complies with public
  880  records and public meetings requirements under chapters 119 and
  881  286 and s. 24, Art. I of the State Constitution.
  882         (l) The extent to which alternative program delivery
  883  options, such as privatization, outsourcing, or insourcing, have
  884  been considered to reduce costs or improve services to state
  885  residents.
  886         (m) Recommendations to the Legislature for statutory,
  887  budgetary, or regulatory changes that would improve the quality
  888  and efficiency of services delivered to the public, reduce
  889  costs, or reduce duplication.
  890         (n) The effect of federal intervention or loss of federal
  891  funds if the agency, program, or activity is abolished.
  892         (o) A list of all advisory committees, including those
  893  established in statute and those established by managerial
  894  initiative; their purpose, activities, composition, and related
  895  expenses; the extent to which their purposes have been achieved;
  896  and the rationale for continuing or eliminating each advisory
  897  committee.
  898         (p) Agency programs or functions that are performed without
  899  specific statutory authority.
  900         (q) Other information requested by the Legislature.
  901         (2) Information and data reported by the agency shall be
  902  validated by its agency head and inspector general before
  903  submission to the Legislature.
  904         (3) The Office of Program Policy Analysis and Government
  905  Accountability shall review the department and Enterprise
  906  Florida, Inc. The review shall include an examination of the
  907  cost of each program, an evaluation of best practices and
  908  alternatives that would result in the administration of the
  909  department in a more efficient or effective manner, an
  910  examination of the viability of privatization or a different
  911  state agency performing the functions, and an evaluation of the
  912  cost and consequences of discontinuing the agency. The review
  913  shall be comprehensive in scope and shall consider the
  914  information provided by the department report in addition to
  915  information deemed necessary by the office and the appropriate
  916  legislative committees. The Office of Program Policy Analysis
  917  and Government Accountability shall include in the report
  918  recommendations for consideration by the Legislature and shall
  919  submit the report to the President of the Senate and the Speaker
  920  of the House of Representatives no later than December 31, 2016.
  921         Section 10. The Legislature recognizes that there is a need
  922  to conform the Florida Statutes to the policy decisions
  923  reflected in this act and that there is a need to resolve
  924  apparent conflicts between any other legislation that has been
  925  or may be enacted during the 2011 Regular Session of the
  926  Legislature and the transfer of duties made by this act.
  927  Therefore, in the interim between this act becoming law and the
  928  2012 Regular Session of the Legislature or an earlier special
  929  session addressing this issue, the Division of Statutory
  930  Revision shall provide the relevant substantive committees of
  931  the Senate and the House of Representatives with assistance,
  932  upon request, to enable such committees to prepare draft
  933  legislation to conform the Florida Statutes and any legislation
  934  enacted during 2011 to the provisions of this act.
  935         Section 11. Section 14.2016, Florida Statutes, is created
  936  to read:
  937         14.2016 Division of Emergency Management.—The Division of
  938  Emergency Management is established within the Executive Office
  939  of the Governor. The division shall be a separate budget entity,
  940  as provided in the General Appropriations Act and shall prepare
  941  and submit a budget request in accordance with chapter 216. The
  942  division shall be responsible for all professional, technical,
  943  and administrative support functions necessary to carry out its
  944  responsibilities under part I of chapter 252. The director of
  945  the division shall be appointed by and serve at the pleasure of
  946  the Governor, and shall be the head of the division for all
  947  purposes. The division shall administer programs to rapidly
  948  apply all available aid to communities stricken by an emergency
  949  as defined in s. 252.34 and, for this purpose, shall provide
  950  liaison with federal agencies and other public and private
  951  agencies.
  952         Section 12. Paragraph (h) is added to subsection (3) of
  953  section 20.15, Florida Statutes, to read:
  954         20.15 Department of Education.—There is created a
  955  Department of Education.
  956         (3) DIVISIONS.—The following divisions of the Department of
  957  Education are established:
  958         (h) The Office of Early Learning, which shall administer
  959  the school readiness system in accordance with s. 411.01 and the
  960  operational requirements of the Voluntary Prekindergarten
  961  Education Program in accordance with part V of chapter 1002. The
  962  office is a separate budget entity and is not subject to
  963  control, supervision, or direction by the Department of
  964  Education or the State Board of Education in any manner
  965  including, but not limited to, personnel, purchasing,
  966  transactions involving personal property, and budgetary matters.
  967  The office director shall be appointed by the Governor and
  968  confirmed by the Senate, shall serve at the pleasure of the
  969  Governor, and shall be the agency head of the office for all
  970  purposes. The office shall enter into a service agreement with
  971  the department for professional, technological, and
  972  administrative support services. The office shall be subject to
  973  review and oversight by the Chief Inspector General or his or
  974  her designee.
  975         Section 13. Section 20.60, Florida Statutes, is created to
  976  read:
  977         20.60 Department of Economic Opportunity; creation; powers
  978  and duties.—
  979         (1) There is created the Department of Economic
  980  Opportunity.
  981         (2) The head of the department is the executive director,
  982  who shall be appointed by the Governor, subject to confirmation
  983  by the Senate. The executive director shall serve at the
  984  pleasure of and report to the Governor.
  985         (3) The following divisions of the Department of Economic
  986  Opportunity are established:
  987         (a) The Division of Strategic Business Development.
  988         (b) The Division of Community Development.
  989         (c) The Division of Workforce Services.
  990         (d) The Division of Finance and Administration.
  991         (4) The purpose of the department is to assist the Governor
  992  in working with the Legislature, state agencies, business
  993  leaders, and economic development professionals to formulate and
  994  implement coherent and consistent policies and strategies
  995  designed to promote economic opportunities for all Floridians.
  996  To accomplish such purposes, the department shall:
  997         (a) Facilitate the direct involvement of the Governor and
  998  the Lieutenant Governor in economic development and workforce
  999  development projects designed to create, expand, and retain
 1000  businesses in this state, to recruit business from around the
 1001  world, and to facilitate other job-creating efforts.
 1002         (b) Recruit new businesses to this state and promote the
 1003  expansion of existing businesses by expediting permitting and
 1004  location decisions, worker placement and training, and incentive
 1005  awards.
 1006         (c) Promote viable, sustainable communities by providing
 1007  technical assistance and guidance on growth and development
 1008  issues, grants, and other assistance to local communities.
 1009         (d) Ensure that the state’s goals and policies relating to
 1010  economic development, workforce development, community planning
 1011  and development, and affordable housing are fully integrated
 1012  with appropriate implementation strategies.
 1013         (e) Manage the activities of public-private partnerships
 1014  and state agencies in order to avoid duplication and promote
 1015  coordinated and consistent implementation of programs in areas
 1016  including, but not limited to, tourism; international trade and
 1017  investment; business recruitment, creation, retention, and
 1018  expansion; minority and small business development; rural
 1019  community development; commercialization of products, services,
 1020  or ideas developed in public universities or other public
 1021  institutions; and the development and promotion of professional
 1022  and amateur sporting events.
 1023         (5) The divisions within the department have specific
 1024  responsibilities to achieve the duties, responsibilities, and
 1025  goals of the department. Specifically:
 1026         (a) The Division of Strategic Business Development shall:
 1027         1. Analyze and evaluate business prospects identified by
 1028  the Governor, the executive director of the department, and
 1029  Enterprise Florida, Inc.
 1030         2. Administer certain tax refund, tax credit, and grant
 1031  programs created in law. Notwithstanding any other provision of
 1032  law, the department may expend interest earned from the
 1033  investment of program funds deposited in the Grants and
 1034  Donations Trust Fund to contract for the administration of those
 1035  programs, or portions of the programs, assigned to the
 1036  department by law, by the appropriations process, or by the
 1037  Governor. Such expenditures shall be subject to review under
 1038  chapter 216.
 1039         3. Develop measurement protocols for the state incentive
 1040  programs and for the contracted entities which will be used to
 1041  determine their performance and competitive value to the state.
 1042  Performance measures, benchmarks, and sanctions must be
 1043  developed in consultation with the legislative appropriations
 1044  committees and the appropriate substantive committees, and are
 1045  subject to the review and approval process provided in s.
 1046  216.177. The approved performance measures, standards, and
 1047  sanctions shall be included and made a part of the strategic
 1048  plan for contracts entered into for delivery of programs
 1049  authorized by this section.
 1050         4. Develop a 5-year statewide strategic plan. The strategic
 1051  plan must include, but need not be limited to:
 1052         a. Strategies for the promotion of business formation,
 1053  expansion, recruitment, and retention through aggressive
 1054  marketing, international development, and export assistance,
 1055  which lead to more and better jobs and higher wages for all
 1056  geographic regions, disadvantaged communities, and populations
 1057  of the state, including rural areas, minority businesses, and
 1058  urban core areas.
 1059         b. The development of realistic policies and programs to
 1060  further the economic diversity of the state, its regions, and
 1061  their associated industrial clusters.
 1062         c. Specific provisions for the stimulation of economic
 1063  development and job creation in rural areas and midsize cities
 1064  and counties of the state, including strategies for rural
 1065  marketing and the development of infrastructure in rural areas.
 1066         d. Provisions for the promotion of the successful long-term
 1067  economic development of the state with increased emphasis in
 1068  market research and information.
 1069         e. Plans for the generation of foreign investment in the
 1070  state which create jobs paying above-average wages and which
 1071  result in reverse investment in the state, including programs
 1072  that establish viable overseas markets, assist in meeting the
 1073  financing requirements of export-ready firms, broaden
 1074  opportunities for international joint venture relationships, use
 1075  the resources of academic and other institutions, coordinate
 1076  trade assistance and facilitation services, and facilitate
 1077  availability of and access to education and training programs
 1078  that assure requisite skills and competencies necessary to
 1079  compete successfully in the global marketplace.
 1080         f. The identification of business sectors that are of
 1081  current or future importance to the state’s economy and to the
 1082  state’s global business image, and development of specific
 1083  strategies to promote the development of such sectors.
 1084         g. Strategies for talent development necessary in the state
 1085  to encourage economic development growth, taking into account
 1086  factors such as the state’s talent supply chain, education and
 1087  training opportunities, and available workforce.
 1088         5. Update the strategic plan every 5 years.
 1089         6. Involve Enterprise Florida, Inc.; Workforce Florida,
 1090  Inc.; local governments; the general public; local and regional
 1091  economic development organizations; other local, state, and
 1092  federal economic, international, and workforce development
 1093  entities; the business community; and educational institutions
 1094  to assist with the strategic plan.
 1095         (b) The Division of Community Development shall:
 1096         1. Assist local governments and their communities in
 1097  finding creative planning solutions to help them foster vibrant,
 1098  healthy communities, while protecting the functions of important
 1099  state resources and facilities.
 1100         2. Administer state and federal grant programs as provided
 1101  by law to provide community development and project planning
 1102  activities to maintain viable communities, revitalize existing
 1103  communities, and expand economic development and employment
 1104  opportunities, including:
 1105         a. The Community Services Block Grant Program.
 1106         b. The Community Development Block Grant Program in chapter
 1107  290.
 1108         c. The Low-Income Home Energy Assistance Program in chapter
 1109  409.
 1110         d. The Weatherization Assistance Program in chapter 409.
 1111         e. The Neighborhood Stabilization Program.
 1112         f. The local comprehensive planning process and the
 1113  development of regional impact process.
 1114         g. The Front Porch Florida Initiative through the Office of
 1115  Urban Opportunity, which is created within the division. The
 1116  purpose of the office is to administer the Front Porch Florida
 1117  initiative, a comprehensive, community-based urban core
 1118  redevelopment program that enables urban core residents to craft
 1119  solutions to the unique challenges of each designated community.
 1120         3. Assist in developing the 5-year statewide strategic plan
 1121  required by this section.
 1122         (c) The Division of Workforce Services shall:
 1123         1. Prepare and submit a unified budget request for
 1124  workforce in accordance with chapter 216 for, and in conjunction
 1125  with, Workforce Florida, Inc., and its board.
 1126         2. Ensure that the state appropriately administers federal
 1127  and state workforce funding by administering plans and policies
 1128  of Workforce Florida, Inc., under contract with Workforce
 1129  Florida, Inc. The operating budget and midyear amendments
 1130  thereto must be part of such contract.
 1131         a. All program and fiscal instructions to regional
 1132  workforce boards shall emanate from the Department of Economic
 1133  Opportunity pursuant to plans and policies of Workforce Florida,
 1134  Inc., which shall be responsible for all policy directions to
 1135  the regional workforce boards.
 1136         b. Unless otherwise provided by agreement with Workforce
 1137  Florida, Inc., administrative and personnel policies of the
 1138  Department of Economic Opportunity shall apply.
 1139         3. Implement the state’s unemployment compensation program.
 1140  The Department of Economic Opportunity shall ensure that the
 1141  state appropriately administers the unemployment compensation
 1142  program pursuant to state and federal law.
 1143         4. Assist in developing the 5-year statewide strategic plan
 1144  required by this section.
 1145         (6)(a) The Department of Economic Opportunity is the
 1146  administrative agency designated for receipt of federal
 1147  workforce development grants and other federal funds. The
 1148  department shall administer the duties and responsibilities
 1149  assigned by the Governor under each federal grant assigned to
 1150  the department. The department shall expend each revenue source
 1151  as provided by federal and state law and as provided in plans
 1152  developed by and agreements with Workforce Florida, Inc. The
 1153  department may serve as the contract administrator for contracts
 1154  entered into by Workforce Florida, Inc., pursuant to s.
 1155  445.004(5), as directed by Workforce Florida, Inc.
 1156         (b) The Department of Economic Opportunity shall serve as
 1157  the designated agency for purposes of each federal workforce
 1158  development grant assigned to it for administration. The
 1159  department shall carry out the duties assigned to it by the
 1160  Governor, under the terms and conditions of each grant. The
 1161  department shall have the level of authority and autonomy
 1162  necessary to be the designated recipient of each federal grant
 1163  assigned to it, and shall disburse such grants pursuant to the
 1164  plans and policies of Workforce Florida, Inc. The executive
 1165  director may, upon delegation from the Governor and pursuant to
 1166  agreement with Workforce Florida, Inc., sign contracts, grants,
 1167  and other instruments as necessary to execute functions assigned
 1168  to the department. Notwithstanding other provision of law, the
 1169  department shall administer other programs funded by federal or
 1170  state appropriations, as determined by the Legislature in the
 1171  General Appropriations Act or by law.
 1172         (7) The department may provide or contract for training for
 1173  employees of administrative entities and case managers of any
 1174  contracted providers to ensure they have the necessary
 1175  competencies and skills to provide adequate administrative
 1176  oversight and delivery of the full array of client services.
 1177         (8) The Unemployment Appeals Commission, authorized by s.
 1178  443.012, is not subject to control, supervision, or direction by
 1179  the department in the performance of its powers and duties but
 1180  shall receive any and all support and assistance from the
 1181  department which is required for the performance of its duties.
 1182         (9) The executive director shall:
 1183         (a) Manage all activities and responsibilities of the
 1184  department.
 1185         (b) Serve as the manager for the state with respect to
 1186  contracts with Enterprise Florida, Inc., the Institute for the
 1187  Commercialization of Public Research, and all applicable direct
 1188  support organizations. To accomplish the provisions of this
 1189  section and applicable provisions of chapter 288, and
 1190  notwithstanding the provisions of part I of chapter 287, the
 1191  director shall enter into specific contracts with Enterprise
 1192  Florida, Inc., the Institute for the Commercialization of Public
 1193  Research, and other appropriate direct-support organizations.
 1194  Such contracts may be for multiyear terms and shall include
 1195  specific performance measures for each year. For purposes of
 1196  this section, the Florida Tourism Industry Marketing Corporation
 1197  is not an appropriate direct-support organization.
 1198         (10) The department, with assistance from Enterprise
 1199  Florida, Inc., shall, by January 1 of each year, submit an
 1200  annual report to the Governor, the President of the Senate, and
 1201  the Speaker of the House of Representatives on the condition of
 1202  the business climate and economic development in the state. The
 1203  report shall include the identification of problems and a
 1204  prioritized list of recommendations.
 1205         (11) The department shall establish annual performance
 1206  standards for Enterprise Florida, Inc., Workforce Florida, Inc.,
 1207  the Florida Tourism Industry Marketing Corporation, and Space
 1208  Florida and report annually on how these performance measures
 1209  are being met in the annual report required under subsection
 1210  (10).
 1211         (12) The department shall have an official seal by which
 1212  its records, orders, and proceedings are authenticated. The seal
 1213  shall be judicially noticed.
 1214         (13) The department shall administer the role of state
 1215  government under part I of chapter 421, relating to public
 1216  housing, chapter 422, relating to housing cooperation law, and
 1217  chapter 423, tax exemption of housing authorities. The
 1218  department is the agency of state government responsible for the
 1219  state’s role in housing and urban development.
 1220         Section 14. Present subsection (3) is renumbered as
 1221  subsection (4), and a new subsection (3) is added to section
 1222  14.32, Florida Statutes, to read:
 1223         14.32 Office of Chief Inspector General.—
 1224         (3) Related to public-private partnerships, the Chief
 1225  Inspector General:
 1226         (a) Shall advise public-private partnerships, including
 1227  Enterprise Florida, Inc., in their development, utilization, and
 1228  improvement of internal control measures necessary to ensure
 1229  fiscal accountability.
 1230         (b) May conduct, direct, and supervise audits relating to
 1231  the programs and operations of public-private partnerships.
 1232         (c) Shall receive and investigate complaints of fraud,
 1233  abuses, and deficiencies relating to programs and operations of
 1234  public-private partnerships.
 1235         (d) May request and have access to any records, data, and
 1236  other information in the possession of public-private
 1237  partnerships which the Chief Inspector General deems necessary
 1238  to carry out his or her responsibilities with respect to
 1239  accountability.
 1240         (e) Shall monitor public-private partnerships for
 1241  compliance with the terms and conditions of contracts with the
 1242  department and report noncompliance to the Governor.
 1243         (f) Shall advise public-private partnerships in the
 1244  development, utilization, and improvement of performance
 1245  measures for the evaluation of their operations.
 1246         (g) Shall review and make recommendations for improvements
 1247  in the actions taken by public-private partnerships to meet
 1248  performance standards.
 1249         Section 15. Paragraph (c) of subsection (1), and
 1250  subsections (9) and (10) of section 201.15, Florida Statutes,
 1251  are amended to read:
 1252         201.15 Distribution of taxes collected.—All taxes collected
 1253  under this chapter are subject to the service charge imposed in
 1254  s. 215.20(1). Prior to distribution under this section, the
 1255  Department of Revenue shall deduct amounts necessary to pay the
 1256  costs of the collection and enforcement of the tax levied by
 1257  this chapter. Such costs and the service charge may not be
 1258  levied against any portion of taxes pledged to debt service on
 1259  bonds to the extent that the costs and service charge are
 1260  required to pay any amounts relating to the bonds. After
 1261  distributions are made pursuant to subsection (1), all of the
 1262  costs of the collection and enforcement of the tax levied by
 1263  this chapter and the service charge shall be available and
 1264  transferred to the extent necessary to pay debt service and any
 1265  other amounts payable with respect to bonds authorized before
 1266  January 1, 2010, secured by revenues distributed pursuant to
 1267  subsection (1). All taxes remaining after deduction of costs and
 1268  the service charge shall be distributed as follows:
 1269         (1) Sixty-three and thirty-one hundredths percent of the
 1270  remaining taxes shall be used for the following purposes:
 1271         (c) After the required payments under paragraphs (a) and
 1272  (b), the remainder shall be paid into the State Treasury to the
 1273  credit of:
 1274         1. The State Transportation Trust Fund in the Department of
 1275  Transportation in the amount of the lesser of 38.2 percent of
 1276  the remainder or $541.75 million in each fiscal year. Out of
 1277  such funds, the first $50 million for the 2012-2013 fiscal year;
 1278  $65 million for the 2013-2014 fiscal year; and $75 million for
 1279  the 2014-2015 fiscal year and all subsequent years, shall be
 1280  transferred to the State Economic Enhancement and Development
 1281  Trust Fund within the Department of Economic Opportunity. The
 1282  remainder is, to be used for the following specified purposes,
 1283  notwithstanding any other law to the contrary:
 1284         a. For the purposes of capital funding for the New Starts
 1285  Transit Program, authorized by Title 49, U.S.C. s. 5309 and
 1286  specified in s. 341.051, 10 percent of these funds;
 1287         b. For the purposes of the Small County Outreach Program
 1288  specified in s. 339.2818, 5 percent of these funds. Effective
 1289  July 1, 2014, the percentage allocated under this sub
 1290  subparagraph shall be increased to 10 percent;
 1291         c. For the purposes of the Strategic Intermodal System
 1292  specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
 1293  of these funds after allocating for the New Starts Transit
 1294  Program described in sub-subparagraph a. and the Small County
 1295  Outreach Program described in sub-subparagraph b.; and
 1296         d. For the purposes of the Transportation Regional
 1297  Incentive Program specified in s. 339.2819, 25 percent of these
 1298  funds after allocating for the New Starts Transit Program
 1299  described in sub-subparagraph a. and the Small County Outreach
 1300  Program described in sub-subparagraph b. Effective July 1, 2014,
 1301  the first $60 million of the funds allocated pursuant to this
 1302  sub-subparagraph shall be allocated annually to the Florida Rail
 1303  Enterprise for the purposes established in s. 341.303(5).
 1304         2. The Grants and Donations Trust Fund in the Department of
 1305  Economic Opportunity Community Affairs in the amount of the
 1306  lesser of .23 percent of the remainder or $3.25 million in each
 1307  fiscal year to fund technical assistance to local governments
 1308  and school boards on the requirements and implementation of this
 1309  act.
 1310         3. The Ecosystem Management and Restoration Trust Fund in
 1311  the amount of the lesser of 2.12 percent of the remainder or $30
 1312  million in each fiscal year, to be used for the preservation and
 1313  repair of the state’s beaches as provided in ss. 161.091
 1314  161.212.
 1315         4. General Inspection Trust Fund in the amount of the
 1316  lesser of .02 percent of the remainder or $300,000 in each
 1317  fiscal year to be used to fund oyster management and restoration
 1318  programs as provided in s. 379.362(3).
 1319  
 1320  Moneys distributed pursuant to this paragraph may not be pledged
 1321  for debt service unless such pledge is approved by referendum of
 1322  the voters.
 1323         (9) Seven and fifty-three hundredths The lesser of 7.53
 1324  percent of the remaining taxes or $107 million in each fiscal
 1325  year shall be paid into the State Treasury to the credit of the
 1326  State Housing Trust Fund. Out of such funds, beginning in the
 1327  2012-2013 fiscal year, the first $35 million shall be
 1328  transferred annually, subject to any distribution required under
 1329  subsection (15), to the State Economic Enhancement and
 1330  Development Trust Fund within the Department of Economic
 1331  Opportunity. The remainder shall be and used as follows:
 1332         (a) Half of that amount shall be used for the purposes for
 1333  which the State Housing Trust Fund was created and exists by
 1334  law.
 1335         (b) Half of that amount shall be paid into the State
 1336  Treasury to the credit of the Local Government Housing Trust
 1337  Fund and used for the purposes for which the Local Government
 1338  Housing Trust Fund was created and exists by law.
 1339         (10) Eight and sixty-six hundredths The lesser of 8.66
 1340  percent of the remaining taxes or $136 million in each fiscal
 1341  year shall be paid into the State Treasury to the credit of the
 1342  State Housing Trust Fund. Out of such funds, beginning in the
 1343  2012-2013 fiscal year, the first $40 million shall be
 1344  transferred annually, subject to any distribution required under
 1345  subsection (15), to the State Economic Enhancement and
 1346  Development Trust Fund within the Department of Economic
 1347  Opportunity. The remainder shall be and used as follows:
 1348         (a) Twelve and one-half percent of that amount shall be
 1349  deposited into the State Housing Trust Fund and be expended by
 1350  the Department of Economic Opportunity Community Affairs and by
 1351  the Florida Housing Finance Corporation for the purposes for
 1352  which the State Housing Trust Fund was created and exists by
 1353  law.
 1354         (b) Eighty-seven and one-half percent of that amount shall
 1355  be distributed to the Local Government Housing Trust Fund and
 1356  used for the purposes for which the Local Government Housing
 1357  Trust Fund was created and exists by law. Funds from this
 1358  category may also be used to provide for state and local
 1359  services to assist the homeless.
 1360         Section 16. Section 215.559, Florida Statutes, is amended
 1361  to read:
 1362         215.559 Hurricane Loss Mitigation Program.—
 1363         (1) There is created A Hurricane Loss Mitigation Program is
 1364  established in the Division of Emergency Management.
 1365         (1) The Legislature shall annually appropriate $10 million
 1366  of the moneys authorized for appropriation under s.
 1367  215.555(7)(c) from the Florida Hurricane Catastrophe Fund to the
 1368  division Department of Community Affairs for the purposes set
 1369  forth in this section. Of the amount:
 1370         (2)(a) Seven million dollars in funds provided in
 1371  subsection (1) shall be used for programs to improve the wind
 1372  resistance of residences and mobile homes, including loans,
 1373  subsidies, grants, demonstration projects, and direct
 1374  assistance; educating persons concerning the Florida Building
 1375  Code cooperative programs with local governments and the Federal
 1376  Government; and other efforts to prevent or reduce losses or
 1377  reduce the cost of rebuilding after a disaster.
 1378         (b) Three million dollars in funds provided in subsection
 1379  (1) shall be used to retrofit existing facilities used as public
 1380  hurricane shelters. Each year the division shall department must
 1381  prioritize the use of these funds for projects included in the
 1382  annual report of the September 1, 2000, version of the Shelter
 1383  Retrofit Report prepared in accordance with s. 252.385(3), and
 1384  each annual report thereafter. The division department must give
 1385  funding priority to projects in regional planning council
 1386  regions that have shelter deficits and to projects that maximize
 1387  the use of state funds.
 1388         (2)(3)(a) Forty percent of the total appropriation in
 1389  paragraph (1)(a)(2)(a) shall be used to inspect and improve tie
 1390  downs for mobile homes.
 1391         (b)1. There is created The Manufactured Housing and Mobile
 1392  Home Mitigation and Enhancement Program is established. The
 1393  program shall require the mitigation of damage to or the
 1394  enhancement of homes for the areas of concern raised by the
 1395  Department of Highway Safety and Motor Vehicles in the 2004-2005
 1396  Hurricane Reports on the effects of the 2004 and 2005 hurricanes
 1397  on manufactured and mobile homes in this state. The mitigation
 1398  or enhancement must include, but need not be limited to,
 1399  problems associated with weakened trusses, studs, and other
 1400  structural components caused by wood rot or termite damage;
 1401  site-built additions; or tie-down systems and may also address
 1402  any other issues deemed appropriate by Tallahassee Community
 1403  College, the Federation of Manufactured Home Owners of Florida,
 1404  Inc., the Florida Manufactured Housing Association, and the
 1405  Department of Highway Safety and Motor Vehicles. The program
 1406  shall include an education and outreach component to ensure that
 1407  owners of manufactured and mobile homes are aware of the
 1408  benefits of participation.
 1409         2. The program shall be a grant program that ensures that
 1410  entire manufactured home communities and mobile home parks may
 1411  be improved wherever practicable. The moneys appropriated for
 1412  this program shall be distributed directly to Tallahassee
 1413  Community College for the uses set forth under this subsection.
 1414         3. Upon evidence of completion of the program, the Citizens
 1415  Property Insurance Corporation shall grant, on a pro rata basis,
 1416  actuarially reasonable discounts, credits, or other rate
 1417  differentials or appropriate reductions in deductibles for the
 1418  properties of owners of manufactured homes or mobile homes on
 1419  which fixtures or construction techniques that have been
 1420  demonstrated to reduce the amount of loss in a windstorm have
 1421  been installed or implemented. The discount on the premium must
 1422  be applied to subsequent renewal premium amounts. Premiums of
 1423  the Citizens Property Insurance Corporation must reflect the
 1424  location of the home and the fact that the home has been
 1425  installed in compliance with building codes adopted after
 1426  Hurricane Andrew. Rates resulting from the completion of the
 1427  Manufactured Housing and Mobile Home Mitigation and Enhancement
 1428  Program are not considered competitive rates for the purposes of
 1429  s. 627.351(6)(d)1. and 2.
 1430         4. On or before January 1 of each year, Tallahassee
 1431  Community College shall provide a report of activities under
 1432  this subsection to the Governor, the President of the Senate,
 1433  and the Speaker of the House of Representatives. The report must
 1434  set forth the number of homes that have taken advantage of the
 1435  program, the types of enhancements and improvements made to the
 1436  manufactured or mobile homes and attachments to such homes, and
 1437  whether there has been an increase in availability of insurance
 1438  products to owners of manufactured or mobile homes.
 1439  
 1440  Tallahassee Community College shall develop the programs set
 1441  forth in this subsection in consultation with the Federation of
 1442  Manufactured Home Owners of Florida, Inc., the Florida
 1443  Manufactured Housing Association, and the Department of Highway
 1444  Safety and Motor Vehicles. The moneys appropriated for the
 1445  programs set forth in this subsection shall be distributed
 1446  directly to Tallahassee Community College to be used as set
 1447  forth in this subsection.
 1448         (3)(4) Of moneys provided to the division Department of
 1449  Community Affairs in paragraph (1)(a)(2)(a), 10 percent shall be
 1450  allocated to the Florida International University center
 1451  dedicated to hurricane research. The center shall develop a
 1452  preliminary work plan approved by the advisory council set forth
 1453  in subsection (4)(5) to eliminate the state and local barriers
 1454  to upgrading existing mobile homes and communities, research and
 1455  develop a program for the recycling of existing older mobile
 1456  homes, and support programs of research and development relating
 1457  to hurricane loss reduction devices and techniques for site
 1458  built residences. The State University System also shall consult
 1459  with the division Department of Community Affairs and assist the
 1460  division department with the report required under subsection
 1461  (6)(7).
 1462         (4)(5) Except for the programs set forth in subsection
 1463  (3)(4), the division Department of Community Affairs shall
 1464  develop the programs set forth in this section in consultation
 1465  with an advisory council consisting of a representative
 1466  designated by the Chief Financial Officer, a representative
 1467  designated by the Florida Home Builders Association, a
 1468  representative designated by the Florida Insurance Council, a
 1469  representative designated by the Federation of Manufactured Home
 1470  Owners, a representative designated by the Florida Association
 1471  of Counties, and a representative designated by the Florida
 1472  Manufactured Housing Association, and a representative
 1473  designated by the Florida Building Commission.
 1474         (5)(6) Moneys provided to the division Department of
 1475  Community Affairs under this section are intended to supplement,
 1476  not supplant, the division’s other funding sources of the
 1477  Department of Community Affairs and may not supplant other
 1478  funding sources of the Department of Community Affairs.
 1479         (6)(7) On January 1st of each year, the division Department
 1480  of Community Affairs shall provide a full report and accounting
 1481  of activities under this section and an evaluation of such
 1482  activities to the Speaker of the House of Representatives, the
 1483  President of the Senate, and the Majority and Minority Leaders
 1484  of the House of Representatives and the Senate. Upon completion
 1485  of the report, the division Department of Community Affairs
 1486  shall deliver the report to the Office of Insurance Regulation.
 1487  The Office of Insurance Regulation shall review the report and
 1488  shall make such recommendations available to the insurance
 1489  industry as the Office of Insurance Regulation deems
 1490  appropriate. These recommendations may be used by insurers for
 1491  potential discounts or rebates pursuant to s. 627.0629. The
 1492  Office of Insurance Regulation shall make such the
 1493  recommendations within 1 year after receiving the report.
 1494         (8)(a) Notwithstanding any other provision of this section
 1495  and for the 2010-2011 fiscal year only, the $3 million
 1496  appropriation provided for in paragraph (2)(b) may be used for
 1497  hurricane shelters as identified in the General Appropriations
 1498  Act.
 1499         (b) This subsection expires June 30, 2011.
 1500         (7)(9) This section is repealed June 30, 2021 2011.
 1501         Section 17. Section 288.005, Florida Statutes, is created
 1502  to read:
 1503         288.005 Definitions.—As used in this chapter, the term:
 1504         (1) “Economic benefits” means the direct, indirect, and
 1505  induced gains in state revenues as a percentage of the state’s
 1506  investment. The state’s investment includes state grants, tax
 1507  exemptions, tax refunds, tax credits, and other state
 1508  incentives.
 1509         (2) “Department” means the Department of Economic
 1510  Opportunity.
 1511         (3) “Executive director” means the executive director of
 1512  the Department of Economic Opportunity, unless otherwise stated.
 1513         Section 18. Section 288.061, Florida Statutes, is amended
 1514  to read:
 1515         288.061 Economic development incentive application
 1516  process.—
 1517         (1) Within 10 business days after Upon receiving a
 1518  submitted economic development incentive application, the
 1519  Division of Strategic Business Development of the Department of
 1520  Economic Opportunity and designated staff of Enterprise Florida,
 1521  Inc., shall review the application to ensure that the and inform
 1522  the applicant business whether or not its application is
 1523  complete, whether and what type of state and local permits may
 1524  be necessary for the applicant’s project, whether it is possible
 1525  to waive such permits, and what state incentives and amounts of
 1526  such incentives may be available to the applicant. The
 1527  department shall recommend to the executive director to approve
 1528  or disapprove an applicant business. If review of the
 1529  application demonstrates that the application is incomplete, the
 1530  executive director shall notify the applicant business within
 1531  the first 5 business days after receiving the application.
 1532  Within 10 business days after the application is deemed
 1533  complete, Enterprise Florida, Inc., shall evaluate the
 1534  application and recommend approval or disapproval of the
 1535  application to the director of the Office of Tourism, Trade, and
 1536  Economic Development. In recommending an applicant business for
 1537  approval, Enterprise Florida, Inc., shall include in its
 1538  evaluation a recommended grant award amount and a review of the
 1539  applicant’s ability to meet specific program criteria.
 1540         (2) Within 10 business 10 calendar days after the
 1541  department receives the submitted economic development incentive
 1542  application, the executive director shall approve or disapprove
 1543  the application and the Office of Tourism, Trade, and Economic
 1544  Development receives the evaluation and recommendation from
 1545  Enterprise Florida, Inc., the Office shall notify Enterprise
 1546  Florida, Inc., whether or not the application is reviewable.
 1547  Within 22 calendar days after the Office receives the
 1548  recommendation from Enterprise Florida, Inc., the director of
 1549  the Office shall review the application and issue a letter of
 1550  certification to the applicant which that approves or
 1551  disapproves an applicant business and includes a justification
 1552  of that decision, unless the business requests an extension of
 1553  that time.
 1554         (a) The contract or agreement with the applicant final
 1555  order shall specify the total amount of the award, the
 1556  performance conditions that must be met to obtain the award, and
 1557  the schedule for payment, and sanctions that would apply for
 1558  failure to meet performance conditions. The department may enter
 1559  into one agreement or contract covering all of the state
 1560  incentives that are being provided to the applicant. The
 1561  contract must provide that release of funds is contingent upon
 1562  sufficient appropriation of funds by the Legislature.
 1563         (b) The release of funds for the incentive or incentives
 1564  awarded to the applicant depends upon the statutory requirements
 1565  of the particular incentive program.
 1566         (3) The department shall validate contractor performance.
 1567  Such validation shall be reported in the annual incentive report
 1568  required under s. 288.907.
 1569         Section 19. Section 288.095, Florida Statutes, is amended
 1570  to read:
 1571         288.095 Economic Development Trust Fund.—
 1572         (1) The Economic Development Trust Fund is created within
 1573  the Department of Economic Opportunity Office of Tourism, Trade,
 1574  and Economic Development. Moneys deposited into the fund must be
 1575  used only to support the authorized activities and operations of
 1576  the department Office.
 1577         (2) There is created, within the Economic Development Trust
 1578  Fund, the Economic Development Incentives Account. The Economic
 1579  Development Incentives Account consists of moneys appropriated
 1580  to the account for purposes of the tax incentives programs
 1581  authorized under ss. 288.1045 and 288.106, and local financial
 1582  support provided under ss. 288.1045 and 288.106. Moneys in the
 1583  Economic Development Incentives Account shall be subject to the
 1584  provisions of s. 216.301(1)(a).
 1585         (3)(a) The department Office of Tourism, Trade, and
 1586  Economic Development may approve applications for certification
 1587  pursuant to ss. 288.1045(3) and 288.106. However, the total
 1588  state share of tax refund payments scheduled in all active
 1589  certifications for fiscal year 2001-2002 may not exceed $30
 1590  million. The total for each subsequent fiscal year may not
 1591  exceed $35 million.
 1592         (b) The total amount of tax refund claims approved for
 1593  payment by the department Office of Tourism, Trade, and Economic
 1594  Development based on actual project performance may not exceed
 1595  the amount appropriated to the Economic Development Incentives
 1596  Account for such purposes for the fiscal year. Claims for tax
 1597  refunds under ss. 288.1045 and 288.106 shall be paid in the
 1598  order the claims are approved by the department Office of
 1599  Tourism, Trade, and Economic Development. In the event the
 1600  Legislature does not appropriate an amount sufficient to satisfy
 1601  the tax refunds under ss. 288.1045 and 288.106 in a fiscal year,
 1602  the department Office of Tourism, Trade, and Economic
 1603  Development shall pay the tax refunds from the appropriation for
 1604  the following fiscal year. By March 1 of each year, the
 1605  department Office of Tourism, Trade, and Economic Development
 1606  shall notify the legislative appropriations committees of the
 1607  Senate and House of Representatives of any anticipated shortfall
 1608  in the amount of funds needed to satisfy claims for tax refunds
 1609  from the appropriation for the current fiscal year.
 1610         (c) Pursuant to s. 288.907 By December 31 of each year,
 1611  Enterprise Florida, Inc., shall submit a complete and detailed
 1612  annual report to the Governor, the President of the Senate, and
 1613  the Speaker of the House of Representatives, and the director of
 1614  the Office of Tourism, Trade, and Economic Development of all
 1615  applications received, recommendations made to the department
 1616  Office of Tourism, Trade, and Economic Development, final
 1617  decisions issued, tax refund agreements executed, and tax
 1618  refunds paid or other payments made under all programs funded
 1619  out of the Economic Development Incentives Account, including
 1620  analyses of benefits and costs, types of projects supported, and
 1621  employment and investment created. The department Enterprise
 1622  Florida, Inc., shall also include a separate analysis of the
 1623  impact of such tax refunds on state enterprise zones designated
 1624  pursuant to s. 290.0065, rural communities, brownfield areas,
 1625  and distressed urban communities. The report must also discuss
 1626  the efforts made by the department Office of Tourism, Trade, and
 1627  Economic Development to amend tax refund agreements to require
 1628  tax refund claims to be submitted by January 31 for the net new
 1629  full-time equivalent jobs in this state as of December 31 of the
 1630  preceding calendar year. The report must also list the name and
 1631  tax refund amount for each business that has received a tax
 1632  refund under s. 288.1045 or s. 288.106 during the preceding
 1633  fiscal year. The Office of Tourism, Trade, and Economic
 1634  Development shall assist Enterprise Florida, Inc., in the
 1635  collection of data related to business performance and incentive
 1636  payments.
 1637         (d) Moneys in the Economic Development Incentives Account
 1638  may be used only to pay tax refunds and make other payments
 1639  authorized under s. 288.1045, s. 288.106, or s. 288.107.
 1640         (e) The department Office of Tourism, Trade, and Economic
 1641  Development may adopt rules necessary to carry out the
 1642  provisions of this subsection, including rules providing for the
 1643  use of moneys in the Economic Development Incentives Account and
 1644  for the administration of the Economic Development Incentives
 1645  Account.
 1646         Section 20. Paragraph (b) of subsection (3), and
 1647  subsections (1), (5), (7), and (8) of section 288.1081, Florida
 1648  Statutes, are amended to read:
 1649         288.1081 Economic Gardening Business Loan Pilot Program.—
 1650         (1) There is created within the department Office of
 1651  Tourism, Trade, and Economic Development the Economic Gardening
 1652  Business Loan Pilot Program. The purpose of the pilot program is
 1653  to stimulate investment in Florida’s economy by providing loans
 1654  to expanding businesses in the state. As used in this section,
 1655  the term “office” means the Office of Tourism, Trade, and
 1656  Economic Development.
 1657         (3)
 1658         (b) A loan applicant must submit a written application to
 1659  the loan administrator in the format prescribed by the loan
 1660  administrator. The application must include:
 1661         1. The applicant’s federal employer identification number,
 1662  unemployment account number, and sales or other tax registration
 1663  number.
 1664         2. The street address of the applicant’s principal place of
 1665  business in this state.
 1666         3. A description of the type of economic activity, product,
 1667  or research and development undertaken by the applicant,
 1668  including the six-digit North American Industry Classification
 1669  System code for each type of economic activity conducted by the
 1670  applicant.
 1671         4. The applicant’s annual revenue, number of employees,
 1672  number of full-time equivalent employees, and other information
 1673  necessary to verify the applicant’s eligibility for the pilot
 1674  program under s. 288.1082(4)(a).
 1675         5. The projected investment in the business, if any, which
 1676  the applicant proposes in conjunction with the loan.
 1677         6. The total investment in the business from all sources,
 1678  if any, which the applicant proposes in conjunction with the
 1679  loan.
 1680         7. The number of net new full-time equivalent jobs that, as
 1681  a result of the loan, the applicant proposes to create in this
 1682  state as of December 31 of each year and the average annual wage
 1683  of the proposed jobs.
 1684         8. The total number of full-time equivalent employees the
 1685  applicant currently employs in this state.
 1686         9. The date that the applicant anticipates it needs the
 1687  loan.
 1688         10. A detailed explanation of why the loan is needed to
 1689  assist the applicant in expanding jobs in the state.
 1690         11. A statement that all of the applicant’s available
 1691  corporate assets are pledged as collateral for the amount of the
 1692  loan.
 1693         12. A statement that the applicant, upon receiving the
 1694  loan, agrees not to seek additional long-term debt without prior
 1695  approval of the loan administrator.
 1696         13. A statement that the loan is a joint obligation of the
 1697  business and of each person who owns at least 20 percent of the
 1698  business.
 1699         14. Any additional information requested by the department
 1700  office or the loan administrator.
 1701         (5)(a) The department Office may designate one or more
 1702  qualified entities to serve as loan administrators for the pilot
 1703  program. A loan administrator must:
 1704         1. Be a Florida corporation not for profit incorporated
 1705  under chapter 617 which has its principal place of business in
 1706  the state.
 1707         2. Have 5 years of verifiable experience of lending to
 1708  businesses in this state.
 1709         3. Submit an application to the department Office on forms
 1710  prescribed by the department Office. The application must
 1711  include the loan administrator’s business plan for its proposed
 1712  lending activities under the pilot program, including, but not
 1713  limited to, a description of its outreach efforts, underwriting,
 1714  credit policies and procedures, credit decision processes,
 1715  monitoring policies and procedures, and collection practices;
 1716  the membership of its board of directors; and samples of its
 1717  currently used loan documentation. The application must also
 1718  include a detailed description and supporting documentation of
 1719  the nature of the loan administrator’s partnerships with local
 1720  or regional economic and business development organizations.
 1721         (b) The department Office, upon selecting a loan
 1722  administrator, shall enter into a grant agreement with the
 1723  administrator to issue the available loans to eligible
 1724  applicants. The grant agreement must specify the aggregate
 1725  amount of the loans authorized for award by the loan
 1726  administrator. The term of the grant agreement must be at least
 1727  4 years, except that the department Office may terminate the
 1728  agreement earlier if the loan administrator fails to meet
 1729  minimum performance standards set by the department office. The
 1730  grant agreement may be amended by mutual consent of both
 1731  parties.
 1732         (c) The department Office shall disburse from the Economic
 1733  Development Trust Fund to the loan administrator the
 1734  appropriations provided for the pilot program. Disbursements to
 1735  the loan administrator must not exceed the aggregate amount of
 1736  the loans authorized in the grant agreement. The department
 1737  Office may not disburse more than 50 percent of the aggregate
 1738  amount of the loans authorized in the grant agreement until the
 1739  department Office verifies the borrowers’ use of the loan
 1740  proceeds and the loan administrator’s successful credit
 1741  decisionmaking policies.
 1742         (d) A loan administrator is entitled to receive a loan
 1743  origination fee, payable at closing, of 1 percent of each loan
 1744  issued by the loan administrator and a servicing fee of 0.625
 1745  percent per annum of the loan’s outstanding principal balance,
 1746  payable monthly. During the first 12 months of the loan, the
 1747  servicing fee shall be paid from the disbursement from the
 1748  Economic Development Trust Fund, and thereafter the loan
 1749  administrator shall collect the servicing fee from the payments
 1750  made by the borrower, charging the fee against repayments of
 1751  principal.
 1752         (e) A loan administrator, after collecting the servicing
 1753  fee in accordance with paragraph (d), shall remit the borrower’s
 1754  collected interest, principal payments, and charges for late
 1755  payments to the department office on a quarterly basis. If the
 1756  borrower defaults on the loan, the loan administrator shall
 1757  initiate collection efforts to seek repayment of the loan. The
 1758  loan administrator, upon collecting payments for a defaulted
 1759  loan, shall remit the payments to the department office but, to
 1760  the extent authorized in the grant agreement, may deduct the
 1761  costs of the administrator’s collection efforts. The department
 1762  office shall deposit all funds received under this paragraph in
 1763  the General Revenue Fund.
 1764         (f) A loan administrator shall submit quarterly reports to
 1765  the department Office which include the information required in
 1766  the grant agreement. A quarterly report must include, at a
 1767  minimum, the number of full-time equivalent jobs created as a
 1768  result of the loans, the amount of wages paid to employees in
 1769  the newly created jobs, and the locations and types of economic
 1770  activity undertaken by the borrowers.
 1771         (7) The department Office shall adopt rules under ss.
 1772  120.536(1) and 120.54 to administer this section. To the extent
 1773  necessary to expedite implementation of the pilot program, the
 1774  Office may adopt initial emergency rules for the pilot program
 1775  in accordance with s. 120.54(4).
 1776         (8) On June 30 and December 31 of each year, the department
 1777  beginning in 2009, the Office shall submit a report to the
 1778  Governor, the President of the Senate, and the Speaker of the
 1779  House of Representatives which describes in detail the use of
 1780  the loan funds. The report must include, at a minimum, the
 1781  number of businesses receiving loans, the number of full-time
 1782  equivalent jobs created as a result of the loans, the amount of
 1783  wages paid to employees in the newly created jobs, the locations
 1784  and types of economic activity undertaken by the borrowers, the
 1785  amounts of loan repayments made to date, and the default rate of
 1786  borrowers.
 1787         Section 21. Paragraph (b) of subsection (5) and subsections
 1788  (1), (2), (7), (8), and (9) of section 288.1082, Florida
 1789  Statutes, are amended to read:
 1790         288.1082 Economic Gardening Technical Assistance Pilot
 1791  Program.—
 1792         (1) There is created within the department Office of
 1793  Tourism, Trade, and Economic Development the Economic Gardening
 1794  Technical Assistance Pilot Program. The purpose of the pilot
 1795  program is to stimulate investment in Florida’s economy by
 1796  providing technical assistance for expanding businesses in the
 1797  state. As used in this section, the term “Office” means the
 1798  Office of Tourism, Trade, and Economic Development.
 1799         (2) The department Office shall contract with one or more
 1800  entities to administer the pilot program under this section. The
 1801  department Office shall award each contract in accordance with
 1802  the competitive bidding requirements in s. 287.057 to an entity
 1803  that demonstrates the ability to implement the pilot program on
 1804  a statewide basis, has an outreach plan, and has the ability to
 1805  provide counseling services, access to technology and
 1806  information, marketing services and advice, business management
 1807  support, and other similar services. In selecting these
 1808  entities, the department Office also must consider whether the
 1809  entities will qualify for matching funds to provide the
 1810  technical assistance.
 1811         (5)
 1812         (b) The department office or the contracted entity
 1813  administering the pilot program may prescribe in the agreement
 1814  additional reporting requirements that are necessary to track
 1815  the progress of the business and monitor the business’s
 1816  implementation of the assistance. The contracted entity shall
 1817  report the information to the department office on a quarterly
 1818  basis.
 1819         (7) The department Office shall review the progress of the
 1820  a contracted entity administering the pilot program at least
 1821  once each 6 months and shall determine whether the contracted
 1822  entity is meeting its contractual obligations for administering
 1823  the pilot program. The department Office may terminate and rebid
 1824  a contract if the contracted entity does not meet its
 1825  contractual obligations.
 1826         (8) On December 31 of each year, the department beginning
 1827  in 2009, the Office shall submit a report to the Governor, the
 1828  President of the Senate, and the Speaker of the House of
 1829  Representatives which describes in detail the progress of the
 1830  pilot program. The report must include, at a minimum, the number
 1831  of businesses receiving assistance, the number of full-time
 1832  equivalent jobs created as a result of the assistance, if any,
 1833  the amount of wages paid to employees in the newly created jobs,
 1834  and the locations and types of economic activity undertaken by
 1835  the businesses.
 1836         (9) The department Office may adopt rules under ss.
 1837  120.536(1) and 120.54 to administer this section.
 1838         Section 22. Section 288.901, Florida Statutes, is amended
 1839  to read:
 1840         (Substantial rewording of section. See
 1841         s. 288.901, F.S., for present text.)
 1842         288.901 Enterprise Florida, Inc.—
 1843         (1) CREATION.—
 1844         (a) There is created a nonprofit corporation, to be known
 1845  as “Enterprise Florida, Inc.,” which shall be registered,
 1846  incorporated, organized, and operated in compliance with chapter
 1847  617, and which is not a unit or entity of state government.
 1848         (b) The Legislature determines it is in the public interest
 1849  and reflects the state’s public policy that Enterprise Florida,
 1850  Inc., operate in the most open and accessible manner consistent
 1851  with its public purposes. To this end, the Legislature
 1852  specifically declares that Enterprise Florida, Inc., and its
 1853  divisions, boards, and advisory councils, or similar entities
 1854  created or managed by Enterprise Florida, Inc., are subject to
 1855  the provisions of chapter 119, relating to public records and
 1856  those provisions of chapter 286 relating to public meetings and
 1857  records.
 1858         (c) The Legislature determines that it is in the public
 1859  interest for the members of Enterprise Florida, Inc., board of
 1860  directors to be subject to the requirements of ss. 112.3135,
 1861  112.3143, and 112.313, excluding s. 112.313(2), notwithstanding
 1862  the fact that the board members are not public officers or
 1863  employees. For purposes of those sections, the board members
 1864  shall be considered to be public officers or employees. The
 1865  exemption set forth in s. 112.313(12) for advisory boards
 1866  applies to the members of Enterprise Florida, Inc., board of
 1867  directors. Further, each member of the board of directors who is
 1868  not otherwise required to file financial disclosures pursuant to
 1869  s. 8, Art. II of the State Constitution or s. 112.3144, shall
 1870  file disclosure of financial interests pursuant to s. 112.3145.
 1871         (2) PURPOSES.—Enterprise Florida, Inc., shall act as the
 1872  economic-development organization for the state, utilizing
 1873  private-sector and public-sector expertise in collaboration with
 1874  the department to:
 1875         (a) Increase private investment in Florida;
 1876         (b) Advance international and domestic trade opportunities;
 1877         (c) Market the state both as a pro-business location for
 1878  new investment and as an unparalleled tourist destination;
 1879         (d) Revitalize Florida’s space and aerospace industries,
 1880  and promote emerging complementary industries;
 1881         (e) Promote opportunities for minority-owned businesses;
 1882         (f) Assist and market professional and amateur sport teams
 1883  and sporting events in Florida; and
 1884         (g) Assist, promote, and enhance economic opportunities in
 1885  this state’s rural and urban communities.
 1886         (3) PERFORMANCE.—Enterprise Florida, Inc., shall enter into
 1887  a performance-based contract with the department, pursuant to s.
 1888  20.60, which includes annual measurements of the performance of
 1889  Enterprise Florida, Inc.
 1890         (4) GOVERNANCE.—Enterprise Florida, Inc., shall be governed
 1891  by a board of directors. The Governor shall serve as chairperson
 1892  of the board. The board of directors shall biennially elect one
 1893  of its members as vice chairperson.
 1894         (5) APPOINTED MEMBERS OF THE BOARD OF DIRECTORS.—
 1895         (a) In addition to the Governor or the Governor’s designee,
 1896  the board of directors shall consist of the following appointed
 1897  members:
 1898         1. The Commissioner of Education or the commissioner’s
 1899  designee.
 1900         2. The Chief Financial Officer or his or her designee.
 1901         3. The chairperson of the board of directors of Workforce
 1902  Florida, Inc.
 1903         4. The Secretary of State or the secretary’s designee.
 1904         5. Twelve members from the private sector, six of whom
 1905  shall be appointed by the Governor, three of whom shall be
 1906  appointed by the President of the Senate, and three of whom
 1907  shall be appointed by the Speaker of the House of
 1908  Representatives. All appointees are subject to Senate
 1909  confirmation.
 1910         (b) In making their appointments, the Governor, the
 1911  President of the Senate, and the Speaker of the House of
 1912  Representatives shall ensure that the composition of the board
 1913  of directors reflects the diversity of Florida’s business
 1914  community and is representative of the economic development
 1915  goals in subsection (2). The board must include at least one
 1916  director for each of the following areas of expertise:
 1917  international business, tourism marketing, the space or
 1918  aerospace industry, managing or financing a minority-owned
 1919  business, manufacturing, finance and accounting, and sports
 1920  marketing.
 1921         (c) The Governor, the President of the Senate, and the
 1922  Speaker of the House of Representatives also shall consider
 1923  appointees who reflect Florida’s racial, ethnic, and gender
 1924  diversity. Efforts shall be taken to ensure participation from
 1925  all geographic areas of the state, including representation from
 1926  urban and rural communities.
 1927         (d) Appointed members shall be appointed to 4-year terms,
 1928  except that initially, to provide for staggered terms, the
 1929  Governor, the President of the Senate, and the Speaker of the
 1930  House of Representatives shall each appoint one member to serve
 1931  a 2-year term and one member to serve a 3-year term, with the
 1932  remaining initial appointees serving 4-year terms. All
 1933  subsequent appointments shall be for 4-year terms.
 1934         (e) Initial appointments must be made by October 1, 2011,
 1935  and be eligible for confirmation at the earliest available
 1936  Senate session. Terms end on September 30.
 1937         (f) Any member is eligible for reappointment, except that a
 1938  member may not serve more than two terms.
 1939         (g) A vacancy on the board of directors shall be filled for
 1940  the remainder of the unexpired term. Vacancies on the board
 1941  shall be filled by appointment by the Governor, the President of
 1942  the Senate, or the Speaker of the House of Representatives,
 1943  respectively, depending on who appointed the member whose
 1944  vacancy is to be filled or whose term has expired.
 1945         (h) Appointed members may be removed by the Governor, the
 1946  President of the Senate, or the Speaker of the House of
 1947  Representatives, respectively, for cause. Absence from three
 1948  consecutive meetings results in automatic removal.
 1949         (6) AT-LARGE MEMBERS OF THE BOARD OF DIRECTORS.—The board
 1950  of directors may by resolution appoint at-large members to the
 1951  board from the private sector, each of whom may serve a term of
 1952  up to 3 years. At-large members shall have the powers and duties
 1953  of other members of the board. An at-large member is eligible
 1954  for reappointment but may not vote on his or her own
 1955  reappointment. An at-large member shall be eligible to fill
 1956  vacancies occurring among private-sector appointees under
 1957  subsection (5). At-large members may annually provide
 1958  contributions to Enterprise Florida, Inc., in an amount
 1959  determined by the board of directors. The contributions must be
 1960  used to defray the operating expenses of Enterprise Florida,
 1961  Inc., and help meet the required private match to the state’s
 1962  annual appropriation.
 1963         (7) EX OFFICIO BOARD MEMBERS.—In addition to the members
 1964  specified in subsections (5) and (6), the board of directors
 1965  shall consist of the following ex officio members:
 1966         (a) A member of the Senate, who shall be appointed by the
 1967  President of the Senate and serve at the pleasure of the
 1968  President.
 1969         (b) A member of the House of Representatives, who shall be
 1970  appointed by the Speaker of the House of Representatives and
 1971  serve at the pleasure of the Speaker.
 1972         (8) MEETING.—The board of directors shall meet at least
 1973  four times each year, upon the call of the chairperson, at the
 1974  request of the vice chairperson, or at the request of a majority
 1975  of the membership. A majority of the total number of current
 1976  voting members shall constitute a quorum. The board of directors
 1977  may take official action by a majority vote of the members
 1978  present at any meeting at which a quorum is present.
 1979         (9) SERVICE.—Members of the board of directors shall serve
 1980  without compensation, but members may be reimbursed for all
 1981  reasonable, necessary, and actual expenses, as determined by the
 1982  board of directors.
 1983         (10) PROHIBITION.—Enterprise Florida, Inc., may not endorse
 1984  any candidate for any elected public office or contribute moneys
 1985  to the campaign of any such candidate.
 1986         Section 23. Section 288.9015, Florida Statutes, is amended
 1987  to read:
 1988         (Substantial rewording of section. See
 1989         s. 288.9015, F.S., for present text.)
 1990         288.9015 Powers of Enterprise Florida, Inc.; board of
 1991  directors.—
 1992         (1) Enterprise Florida, Inc., shall integrate its efforts
 1993  in business recruitment and expansion, job creation, marketing
 1994  the state for tourism and sports, and promoting economic
 1995  opportunities for minority-owned businesses and promoting
 1996  economic opportunities for rural and distressed urban
 1997  communities with those of the department, to create an
 1998  aggressive, agile, and collaborative effort to reinvigorate the
 1999  state’s economy.
 2000         (2) The board of directors of Enterprise Florida, Inc.,
 2001  may:
 2002         (a) Secure funding for its programs and activities, and for
 2003  its boards from federal, state, local, and private sources and
 2004  from fees charged for services and published materials.
 2005         (b) Solicit, receive, hold, invest, and administer any
 2006  grant, payment, or gift of funds or property and make
 2007  expenditures consistent with the powers granted to it.
 2008         (c) Make and enter into contracts and other instruments
 2009  necessary or convenient for the exercise of its powers and
 2010  functions. A contract executed by Enterprise Florida, Inc., with
 2011  a person or organization under which such person or organization
 2012  agrees to perform economic development services or similar
 2013  business assistance services on behalf of Enterprise Florida,
 2014  Inc., or the state must include provisions requiring a
 2015  performance report on the contracted activities and must account
 2016  for the proper use of funds provided under the contract,
 2017  coordinate with other components of state and local economic
 2018  development systems, and avoid duplication of existing state and
 2019  local services and activities.
 2020         (d) Elect or appoint such officers, employees, and agents
 2021  as required for its activities and for its divisions and pay
 2022  such persons reasonable compensation.
 2023         (e) Carry forward any unexpended state appropriations into
 2024  succeeding fiscal years.
 2025         (f) Create and dissolve advisory councils pursuant to s.
 2026  288.92, working groups, task forces, or similar organizations,
 2027  as necessary to carry out its mission. Members of advisory
 2028  councils, working groups, task forces, or similar organizations
 2029  created by Enterprise Florida, Inc., shall serve without
 2030  compensation, but may be reimbursed for reasonable, necessary,
 2031  and actual expenses, as determined by the board of directors of
 2032  Enterprise Florida, Inc.
 2033         (g) Establish an executive committee consisting of the
 2034  chairperson or a designee, the vice chairperson, and as many
 2035  additional members of the board of directors as the board deems
 2036  appropriate, except that such committee must have a minimum of
 2037  five members. The executive committee shall have such authority
 2038  as the board of directors delegates to it, except that the board
 2039  may not delegate the authority to hire or fire the president or
 2040  the authority to establish or adjust the compensation paid to
 2041  the president.
 2042         (h) Sue and be sued, and appear and defend in all actions
 2043  and proceedings, in its corporate name to the same extent as a
 2044  natural person.
 2045         (i) Adopt, use, and alter a common corporate seal for
 2046  Enterprise Florida, Inc., and its divisions. Notwithstanding any
 2047  provision of chapter 617 to the contrary, this seal is not
 2048  required to contain the words “corporation not for profit.”
 2049         (j) Adopt, amend, and repeal bylaws, not inconsistent with
 2050  the powers granted to it or the articles of incorporation, for
 2051  the administration of the activities of Enterprise Florida,
 2052  Inc., and the exercise of its corporate powers.
 2053         (k) Acquire, enjoy, use, and dispose of patents,
 2054  copyrights, and trademarks and any licenses, royalties, and
 2055  other rights or interests thereunder or therein.
 2056         (l) Use the state seal, notwithstanding the provisions of
 2057  s. 15.03, when appropriate, for standard corporate identity
 2058  applications. Use of the state seal is not intended to replace
 2059  use of a corporate seal as provided in this section.
 2060         (m) Procure insurance or require bond against any loss in
 2061  connection with the property of Enterprise Florida, Inc., and
 2062  its divisions, in such amounts and from such insurers as is
 2063  necessary or desirable.
 2064         (3) The powers granted to Enterprise Florida, Inc., shall
 2065  be liberally construed in order that Enterprise Florida, Inc.,
 2066  may pursue and succeed in its responsibilities under this part.
 2067         (4) Under no circumstances may the credit of the State of
 2068  Florida be pledged on behalf of Enterprise Florida, Inc.
 2069         (5) In addition to any indemnification available under
 2070  chapter 617, Enterprise Florida, Inc., may indemnify, and
 2071  purchase and maintain insurance on behalf of, it directors,
 2072  officers, and employees of Enterprise Florida, Inc., and its
 2073  divisions against any personal liability or accountability by
 2074  reason of actions taken while acting within the scope of their
 2075  authority.
 2076         Section 24. Section 288.903, Florida Statutes, is amended
 2077  to read:
 2078         (Substantial rewording of section. See
 2079         s. 288.903, F.S., for present text.)
 2080         288.903 Duties of Enterprise Florida, Inc.—Enterprise
 2081  Florida, Inc., shall have the following duties:
 2082         (1) Responsibly and prudently manage all public and private
 2083  funds received, and ensure that the use of such funds is in
 2084  accordance with all applicable laws, bylaws, or contractual
 2085  requirements.
 2086         (2) Administer the entities or programs created pursuant to
 2087  part IX of this chapter; ss. 288.9622-288.9624; ss. 288.95155
 2088  and 288.9519; and chapter 95-429, Laws of Florida, line 1680Y.
 2089         (3) Prepare an annual report pursuant to s. 288.906 and an
 2090  annual incentives report pursuant to s. 288.907.
 2091         (4) Assist the department with the development of an annual
 2092  and a long-range strategic business blueprint for economic
 2093  development required in s. 20.60.
 2094         (5) In coordination with Workforce Florida, Inc., identify
 2095  education and training programs that will ensure Florida
 2096  businesses have access to a skilled and competent workforce
 2097  necessary to compete successfully in the domestic and global
 2098  marketplace.
 2099         Section 25. Section 288.904, Florida Statutes, is amended
 2100  to read:
 2101         (Substantial rewording of section. See
 2102         s. 288.904, F.S., for present text.)
 2103         288.904 Funding for Enterprise Florida, Inc.; performance
 2104  and return on the public’s investment.—
 2105         (1)(a) The Legislature may annually appropriate to
 2106  Enterprise Florida, Inc., a sum of money for its operations, and
 2107  separate line-item appropriations for each of the divisions
 2108  listed in s. 288.92.
 2109         (b) The state’s operating investment in Enterprise Florida,
 2110  Inc., and its divisions is the budget contracted by the
 2111  department to Enterprise Florida, Inc., less any funding that is
 2112  directed by the Legislature to be subcontracted to a specific
 2113  recipient entity.
 2114         (c) The board of directors of Enterprise Florida, Inc.,
 2115  shall adopt for each upcoming fiscal year an operating budget
 2116  for the organization, including its divisions, which specifies
 2117  the intended uses of the state’s operating investment and a plan
 2118  for securing private-sector support.
 2119         (2)(a) The Legislature finds that it is a priority to
 2120  maximize private-sector support in operating Enterprise Florida,
 2121  Inc., and its divisions, as an endorsement of its value and as
 2122  an enhancement of its efforts. Thus, the state appropriations
 2123  must be matched with private-sector support equal to at least
 2124  100 percent of the state operational funding.
 2125         (b) Private-sector support in operating Enterprise Florida,
 2126  Inc., and its divisions includes:
 2127         1. Cash given directly to Enterprise Florida, Inc., for its
 2128  operations, including contributions from at-large members of the
 2129  board of directors;
 2130         2. Cash donations from organizations assisted by the
 2131  divisions;
 2132         3. Cash jointly raised by Enterprise Florida, Inc., and a
 2133  private local economic development organization, a group of such
 2134  organizations, or a statewide private business organization that
 2135  supports collaborative projects;
 2136         4. Cash generated by fees charged for products or services
 2137  of Enterprise Florida, Inc., and its divisions by sponsorship of
 2138  events, missions, programs, and publications; and
 2139         5. Copayments, stock, warrants, royalties, or other private
 2140  resources dedicated to Enterprise Florida, Inc., or its
 2141  divisions.
 2142         (3)(a) Specifically for the marketing and advertising
 2143  activities of the Division of Tourism Marketing or as contracted
 2144  through the Florida Tourism Industry Corporation, a one-to-one
 2145  match is required of private to public contributions within 4
 2146  calendar years after the implementation date of the marketing
 2147  plan pursuant to s. 288.923.
 2148         (b) For purposes of calculating the required one-to-one
 2149  match, matching private funds shall be divided into four
 2150  categories. Documentation for the components of the four private
 2151  match categories shall be kept on file for inspection as
 2152  determined necessary. The four private match categories are:
 2153         1. Direct cash contributions, which include, but are not
 2154  limited to, cash derived from strategic alliances, contributions
 2155  of stocks and bonds, and partnership contributions.
 2156         2. Fees for services, which include, but are not limited
 2157  to, event participation, research, and brochure placement and
 2158  transparencies.
 2159         3. Cooperative advertising, which is the value based on
 2160  cost of contributed productions, air time, and print space.
 2161         4. In-kind contributions, which include, but are not
 2162  limited to, the value of strategic alliance services
 2163  contributed, the value of loaned employees, discounted service
 2164  fees, items contributed for use in promotions, and radio or
 2165  television air time or print space for promotions. The value of
 2166  air time or print space shall be calculated by taking the actual
 2167  time or space and multiplying by the nonnegotiated unit price
 2168  for that specific time or space which is known as the media
 2169  equivalency value. In order to avoid duplication in determining
 2170  media equivalency value, only the value of the promotion itself
 2171  shall be included; the value of the items contributed for the
 2172  promotion may not be included.
 2173         (4) Enterprise Florida, Inc., shall fully comply with the
 2174  performance measures, standards, and sanctions in its contract
 2175  with the department, under s. 20.60. The department shall
 2176  ensure, to the maximum extent possible, that the contract
 2177  performance measures are consistent with performance measures
 2178  that it is required to develop and track under performance-based
 2179  program budgeting. The contract shall also include performance
 2180  measures for the divisions.
 2181         (5) The Legislature intends to review the performance of
 2182  Enterprise Florida, Inc., in achieving the performance goals
 2183  stated in its annual contract with the department to determine
 2184  whether the public is receiving a positive return on its
 2185  investment in Enterprise Florida, Inc., and its divisions. It
 2186  also is the intent of the Legislature that Enterprise Florida,
 2187  Inc., coordinate its operations with local economic development
 2188  organizations to maximize the state and local return on
 2189  investment to create jobs for Floridians.
 2190         (6) As part of the annual report required under s. 288.906,
 2191  Enterprise Florida, Inc., shall provide the Legislature with
 2192  information quantifying the return on the public’s investment
 2193  each fiscal year. Enterprise Florida, Inc., in consultation with
 2194  the Office of Economic and Demographic Research, shall hire an
 2195  economic analysis firm to develop the methodology for
 2196  establishing and reporting the return on the public’s investment
 2197  and in-kind contributions as described in this section. The
 2198  Office of Economic and Demographic Research shall review and
 2199  offer feedback on the methodology before it is implemented.
 2200         Section 26. Section 288.905, Florida Statutes, is amended
 2201  to read:
 2202         (Substantial rewording of section. See
 2203         s. 288.905, F.S., for present text.)
 2204         288.905 President and employees of Enterprise Florida,
 2205  Inc.—
 2206         (1) The board of directors of Enterprise Florida, Inc.,
 2207  shall appoint a president, who shall serve at the pleasure of
 2208  the Governor. The president shall also be known as the
 2209  “secretary of commerce” and shall serve as the Governor’s chief
 2210  negotiator for business recruitment and business expansion.
 2211         (2) The president is the chief administrative and
 2212  operational officer of the board of directors and of Enterprise
 2213  Florida, Inc., and shall direct and supervise the administrative
 2214  affairs of the board of directors and any divisions, councils,
 2215  or boards. The board of directors may delegate to the president
 2216  those powers and responsibilities it deems appropriate,
 2217  including hiring and management of all staff, except for the
 2218  appointment of a president.
 2219         (3) The board of directors shall establish and adjust the
 2220  president’s compensation.
 2221         (4) No employee of Enterprise Florida, Inc., may receive
 2222  compensation for employment that exceeds the salary paid to the
 2223  Governor, unless the board of directors and the employee have
 2224  executed a contract that prescribes specific, measurable
 2225  performance outcomes for the employee, the satisfaction of which
 2226  provides the basis for the award of incentive payments that
 2227  increase the employee’s total compensation to a level above the
 2228  salary paid to the Governor.
 2229         Section 27. Section 288.906, Florida Statutes, is amended
 2230  to read:
 2231         288.906 Annual report of Enterprise Florida, Inc., and its
 2232  divisions; audits.—
 2233         (1) Before Prior to December 1 of each year, Enterprise
 2234  Florida, Inc., shall submit to the Governor, the President of
 2235  the Senate, the Speaker of the House of Representatives, the
 2236  Senate Minority Leader, and the House Minority Leader a complete
 2237  and detailed report including, but not limited to:
 2238         (a)(1) A description of the operations and accomplishments
 2239  of Enterprise Florida, Inc., and its divisions, boards, and
 2240  advisory councils committees or similar entities groups created
 2241  by Enterprise Florida, Inc., and an identification of any major
 2242  trends, initiatives, or developments affecting the performance
 2243  of any program or activity. The individual annual reports
 2244  prepared by each division shall be included as addenda.
 2245         (b)(2) An evaluation of progress toward towards achieving
 2246  organizational goals and specific performance outcomes, both
 2247  short-term and long-term, established pursuant to this part or
 2248  under the agreement with the department s. 288.905.
 2249         (c)(3) Methods for implementing and funding the operations
 2250  of Enterprise Florida, Inc., and its divisions, including the
 2251  private-sector support required under s. 288.904 boards.
 2252         (d)(4) A description of the operations and accomplishments
 2253  of Enterprise Florida, Inc., and its divisions boards with
 2254  respect to aggressively marketing Florida’s rural communities
 2255  and distressed urban communities as locations for potential new
 2256  investment and job creation, aggressively assisting in the
 2257  creation, retention, and expansion of existing businesses and
 2258  job growth in these communities, and aggressively assisting
 2259  these communities in the identification and development of new
 2260  economic development opportunities.
 2261         (e)(5) A description and evaluation of the operations and
 2262  accomplishments of Enterprise Florida, Inc., and its divisions
 2263  boards with respect to interaction with local and private
 2264  economic development organizations, including the an
 2265  identification of each organization that is a primary partner
 2266  and any specific programs or activities which promoted the
 2267  activities of such organizations and an identification of any
 2268  specific programs or activities that which promoted a
 2269  comprehensive and coordinated approach to economic development
 2270  in this state.
 2271         (f)(6) An assessment of job creation that directly benefits
 2272  participants in the welfare transition program or other programs
 2273  designed to put long-term unemployed persons back to work.
 2274         (g) The results of a customer-satisfaction survey of
 2275  businesses served. The survey shall be conducted by an
 2276  independent entity with expertise in survey research that is
 2277  under contract with Enterprise Florida, Inc., to develop,
 2278  analyze, and report the results.
 2279         (h)(7) An annual compliance and financial audit of accounts
 2280  and records by an independent certified public accountant at the
 2281  end of its most recent fiscal year performed in accordance with
 2282  rules adopted by the Auditor General.
 2283         (2) The detailed report required by this section subsection
 2284  shall also include the information identified in subsection (1)
 2285  subsections (1)-(7), if applicable, for each division any board
 2286  established within the corporate structure of Enterprise
 2287  Florida, Inc.
 2288         Section 28. Section 288.907, Florida Statutes, is created
 2289  to read:
 2290         288.907 Annual incentives report.—
 2291         (1) In addition to the annual report required under s.
 2292  288.906, Enterprise Florida, Inc., by December 30 of each year,
 2293  shall provide the Governor, the President of the Senate, and the
 2294  Speaker of the House of Representatives a detailed incentives
 2295  report quantifying the economic benefits for all of the economic
 2296  development incentive programs marketed by Enterprise Florida,
 2297  Inc.
 2298         (a) The annual incentives report must include for each
 2299  incentive program:
 2300         1. A brief description of the incentive program.
 2301         2. The amount of awards granted, by year, since inception.
 2302         3. The economic benefits, as defined in s. 288.005, based
 2303  on the actual amount of private capital invested, actual number
 2304  of jobs created, and actual wages paid for incentive agreements
 2305  completed during the previous 3 years.
 2306         4. The report shall also include the actual amount of
 2307  private capital invested, actual number of jobs created, and
 2308  actual wages paid for incentive agreements completed during the
 2309  previous 3 years for each target industry sector.
 2310         (b) For projects completed during the previous state fiscal
 2311  year, the report must include:
 2312         1. The number of economic development incentive
 2313  applications received.
 2314         2. The number of recommendations made to the department by
 2315  Enterprise Florida, Inc., including the number recommended for
 2316  approval and the number recommended for denial.
 2317         3. The number of final decisions issued by the department
 2318  for approval and for denial.
 2319         4. The projects for which a tax refund, tax credit, or cash
 2320  grant agreement was executed, identifying:
 2321         a. The number of jobs committed to be created.
 2322         b. The amount of capital investments committed to be made.
 2323         c. The annual average wage committed to be paid.
 2324         d. The amount of state economic development incentives
 2325  committed to the project from each incentive program under the
 2326  project’s terms of agreement with the Department of Economic
 2327  Opportunity.
 2328         e. The amount and type of local matching funds committed to
 2329  the project.
 2330         (c) For economic development projects that received tax
 2331  refunds, tax credits, or cash grants under the terms of an
 2332  agreement for incentives, the report must identify:
 2333         1. The number of jobs actually created.
 2334         2. The amount of capital investments actually made.
 2335         3. The annual average wage paid.
 2336         (d) For a project receiving economic development incentives
 2337  approved by the department and receiving federal or local
 2338  incentives, the report must include a description of the federal
 2339  or local incentives, if available.
 2340         (e) The report must state the number of withdrawn or
 2341  terminated projects that did not fulfill the terms of their
 2342  agreements with the department and consequently are not
 2343  receiving incentives.
 2344         (f) The report must include an analysis of the economic
 2345  benefits, as defined in s. 288.005, of tax refunds, tax credits,
 2346  or other payments made to projects locating or expanding in
 2347  state enterprise zones, rural communities, brownfield areas, or
 2348  distressed urban communities.
 2349         (g) The report must identify the target industry businesses
 2350  and high-impact businesses.
 2351         (h) The report must describe the trends relating to
 2352  business interest in, and usage of, the various incentives, and
 2353  the number of minority-owned or woman-owned businesses receiving
 2354  incentives.
 2355         (i) The report must identify incentive programs not
 2356  utilized.
 2357         (2) The Division of Strategic Business Development within
 2358  the department shall assist Enterprise Florida, Inc., in the
 2359  preparation of the annual incentives report.
 2360         Section 29. Section 288.912, Florida Statutes, is created
 2361  to read:
 2362         288.912 Inventory of communities seeking to recruit
 2363  businesses.—By September 30 of each year, a county or
 2364  municipality that has a population of at least 25,000 or its
 2365  local economic development organization must submit to
 2366  Enterprise Florida, Inc., a brief overview of the strengths,
 2367  services, and economic development incentives that its community
 2368  offers. The local government or its local economic development
 2369  organization also must identify any industries that it is
 2370  encouraging to locate or relocate to its area. A county or
 2371  municipality having a population of 25,000 or fewer or its local
 2372  economic development organization seeking to recruit businesses
 2373  may submit information as required in this section and may
 2374  participate in any activity or initiative resulting from the
 2375  collection, analysis, and reporting of the information to
 2376  Enterprise Florida, Inc., pursuant to this section.
 2377         Section 30. Section 288.92, Florida Statutes, is created to
 2378  read:
 2379         288.92 Divisions of Enterprise Florida, Inc.—
 2380         (1) Enterprise Florida, Inc., may create and dissolve
 2381  divisions as necessary to carry out its mission. Each division
 2382  shall have distinct responsibilities and complementary missions.
 2383  At a minimum, Enterprise Florida, Inc., shall have divisions
 2384  related to the following areas:
 2385         (a) International Trade and Business Development;
 2386         (b) Business Retention and Recruitment;
 2387         (c) Tourism Marketing;
 2388         (d) Minority Business Development; and
 2389         (e) Sports Industry Development.
 2390         (2)(a) The officers and agents of the divisions shall be
 2391  hired and their annual compensation established by the president
 2392  of Enterprise Florida, Inc., as deemed appropriate by the board
 2393  of directors, and may be eligible for performance bonuses
 2394  pursuant to s. 288.905. This paragraph does not apply to any
 2395  employees of the corporation established pursuant to s.
 2396  288.1226.
 2397         (b) The board of directors of Enterprise Florida, Inc., may
 2398  organize the divisions and, to the greatest extent possible,
 2399  minimize costs by requiring that the divisions share
 2400  administrative staff.
 2401         (3) By October 15 each year, each division shall draft and
 2402  submit an annual report which details the division’s activities
 2403  during the prior fiscal year and includes any recommendations
 2404  for improving current statutes related to the division’s related
 2405  area.
 2406         Section 31. Section 288.923, Florida Statutes, is created
 2407  to read:
 2408         288.923 Division of Tourism Marketing; definitions;
 2409  responsibilities.—
 2410         (1) There is created within Enterprise Florida, Inc., the
 2411  Division of Tourism Marketing.
 2412         (2) As used in this section, the term:
 2413         (a) “Tourism marketing” means any effort exercised to
 2414  attract domestic and international visitors from outside the
 2415  state to destinations in this state and to stimulate Florida
 2416  resident tourism to areas within the state.
 2417         (b) “Tourist” means any person who participates in trade or
 2418  recreation activities outside the county of his or her permanent
 2419  residence or who rents or leases transient living quarters or
 2420  accommodations as described in s. 125.0104(3)(a).
 2421         (c) “County destination marketing organization” means a
 2422  public or private agency that is funded by local option tourist
 2423  development tax revenues under s. 125.0104, or local option
 2424  convention development tax revenues under s. 212.0305, and is
 2425  officially designated by a county commission to market and
 2426  promote the area for tourism or convention business or, in any
 2427  county that has not levied such taxes, a public or private
 2428  agency that is officially designated by the county commission to
 2429  market and promote the area for tourism or convention business.
 2430         (d) “Direct-support organization” means the Florida Tourism
 2431  Industry Marketing Corporation.
 2432         (3) Enterprise Florida, Inc., shall contract with the
 2433  Florida Tourism Industry Marketing Corporation, a direct-support
 2434  organization established in s. 288.1226, to execute tourism
 2435  promotion and marketing services, functions, and programs for
 2436  the state, including, but not limited to, the activities
 2437  prescribed by the 4-year marketing plan. The division shall
 2438  assist to maintain and implement the contract.
 2439         (4) The division’s responsibilities and duties include, but
 2440  are not limited to:
 2441         (a) Maintaining and implementing the contract with the
 2442  Florida Tourism Industry Marketing Corporation.
 2443         (b) Advising the department and Enterprise Florida, Inc.,
 2444  on development of domestic and international tourism marketing
 2445  campaigns featuring Florida; and
 2446         (c) Developing a 4-year marketing plan.
 2447         1. At a minimum, the marketing plan shall discuss the
 2448  following:
 2449         a. Continuation of overall tourism growth in this state;
 2450         b. Expansion to new or under-represented tourist markets;
 2451         c. Maintenance of traditional and loyal tourist markets;
 2452         d. Coordination of efforts with county destination
 2453  marketing organizations, other local government marketing
 2454  groups, privately owned attractions and destinations, and other
 2455  private-sector partners to create a seamless, four-season
 2456  advertising campaign for the state and its regions;
 2457         e. Development of innovative techniques or promotions to
 2458  build repeat visitation by targeted segments of the tourist
 2459  population;
 2460         f. Consideration of innovative sources of state funding for
 2461  tourism marketing;
 2462         g. Promotion of nature-based tourism and heritage tourism.
 2463         h. Development of a component to address emergency response
 2464  to natural and man-made disasters from a marketing standpoint.
 2465         2. The plan shall be annual in construction and ongoing in
 2466  nature. Any annual revisions of the plan shall carry forward the
 2467  concepts of the remaining 3-year portion of the plan and
 2468  consider a continuum portion to preserve the 4-year time-frame
 2469  of the plan. The plan also shall include recommendations for
 2470  specific performance standards and measurable outcomes for the
 2471  division and direct-support organization. The department, in
 2472  consultation with the board of directors of Enterprise Florida,
 2473  Inc., shall base the actual performance metrics on these
 2474  recommendations.
 2475         3. The 4-year marketing plan shall be developed in
 2476  collaboration with the Florida Tourism Industry Marketing
 2477  Corporation. The plan shall be annually reviewed and approved by
 2478  the board of directors of Enterprise Florida, Inc.
 2479         (d) Drafting and submitting an annual report required by s.
 2480  288.92. The annual report shall set forth for the division and
 2481  the direct-support organization:
 2482         1. Operations and accomplishments during the fiscal year,
 2483  including the economic benefit of the state’s investment and
 2484  effectiveness of the marketing plan.
 2485         2. The 4-year marketing plan, including recommendations on
 2486  methods for implementing and funding the plan.
 2487         3. The assets and liabilities of the direct-support
 2488  organization at the end of its most recent fiscal year.
 2489         4. A copy of the annual financial and compliance audit
 2490  conducted under s. 288.1226(6).
 2491         (5) Notwithstanding s. 288.92, the division shall be
 2492  staffed by the Florida Tourism Industry Marketing Corporation.
 2493  Such staff shall not be considered to be employees of the
 2494  division and shall remain employees of the Florida Tourism
 2495  Industry Marketing Corporation. Section 288.905 does not apply
 2496  to the Florida Tourism Industry Marketing Corporation.
 2497         Section 32. Section 288.1226, Florida Statutes, is amended
 2498  to read:
 2499         288.1226 Florida Tourism Industry Marketing Corporation;
 2500  use of property; board of directors; duties; audit.—
 2501         (1) DEFINITIONS.—For the purposes of this section, the term
 2502  “corporation” means the Florida Tourism Industry Marketing
 2503  Corporation.
 2504         (2) ESTABLISHMENT.—The Florida Commission on Tourism shall
 2505  establish, no later than July 31, 1996, The Florida Tourism
 2506  Industry Marketing Corporation is as a direct-support
 2507  organization of Enterprise Florida, Inc.:
 2508         (a) The Florida Tourism Industry Marketing Corporation
 2509  Which is a corporation not for profit, as defined in s.
 2510  501(c)(6) of the Internal Revenue Code of 1986, as amended, that
 2511  is incorporated under the provisions of chapter 617 and approved
 2512  by the Department of State.
 2513         (b) The corporation Which is organized and operated
 2514  exclusively to request, receive, hold, invest, and administer
 2515  property and to manage and make expenditures for the operation
 2516  of the activities, services, functions, and programs of this
 2517  state which relate to the statewide, national, and international
 2518  promotion and marketing of tourism.
 2519         (c) Which the Florida Commission on Tourism and the Office
 2520  of Tourism, Trade, and Economic Development, after review, have
 2521  certified whether it is operating in a manner consistent with
 2522  the policies and goals of the commission and its long-range
 2523  marketing plan.
 2524         (d) The corporation is Which shall not be considered an
 2525  agency for the purposes of chapters 120, 216, and 287; ss.
 2526  255.21, 255.25, and 255.254, relating to leasing of buildings;
 2527  ss. 283.33 and 283.35, relating to bids for printing; s. 215.31;
 2528  and parts I, II, and IV-VIII of chapter 112.
 2529         (e) The corporation is Which shall be subject to the
 2530  provisions of chapter 119, relating to public meetings, and
 2531  those provisions of chapter 286 relating to public meetings and
 2532  records.
 2533         (3) USE OF PROPERTY.—Enterprise Florida, Inc. The
 2534  commission:
 2535         (a) Is authorized to permit the use of property and
 2536  facilities of Enterprise Florida, Inc., the commission by the
 2537  corporation, subject to the provisions of this section.
 2538         (b) Shall prescribe conditions with which the corporation
 2539  must comply in order to use property and facilities of
 2540  Enterprise Florida, Inc the commission. Such conditions shall
 2541  provide for budget and audit review and for oversight by
 2542  Enterprise Florida, Inc the commission.
 2543         (c) May Shall not permit the use of property and facilities
 2544  of Enterprise Florida, Inc., the commission if the corporation
 2545  does not provide equal employment opportunities to all persons,
 2546  regardless of race, color, national origin, sex, age, or
 2547  religion.
 2548         (4) BOARD OF DIRECTORS.—The board of directors of the
 2549  corporation shall be composed of 31 tourism-industry-related
 2550  members, appointed by Enterprise Florida, Inc., in conjunction
 2551  with the department the Florida Commission on Tourism from its
 2552  own membership. the vice chair of the commission shall serve as
 2553  chair of the corporation’s board of directors.
 2554         (a) The board shall consist of 16 members, appointed in
 2555  such a manner as to equitably represent all geographic areas of
 2556  the state, with no fewer than two members from any of the
 2557  following regions:
 2558         1. Region 1, composed of Bay, Calhoun, Escambia, Franklin,
 2559  Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty,
 2560  Okaloosa, Santa Rosa, Wakulla, Walton, and Washington Counties.
 2561         2. Region 2, composed of Alachua, Baker, Bradford, Clay,
 2562  Columbia, Dixie, Duval, Flagler, Gilchrist, Hamilton, Lafayette,
 2563  Levy, Madison, Marion, Nassau, Putnam, St. Johns, Suwannee,
 2564  Taylor, and Union Counties.
 2565         3. Region 3, composed of Brevard, Indian River, Lake,
 2566  Okeechobee, Orange, Osceola, St. Lucie, Seminole, Sumter, and
 2567  Volusia Counties.
 2568         4. Region 4, composed of Citrus, Hernando, Hillsborough,
 2569  Manatee, Pasco, Pinellas, Polk, and Sarasota Counties.
 2570         5. Region 5, composed of Charlotte, Collier, DeSoto,
 2571  Glades, Hardee, Hendry, Highlands, and Lee Counties.
 2572         6. Region 6, composed of Broward, Martin, Miami-Dade,
 2573  Monroe, and Palm Beach Counties.
 2574         (b) The 15 additional tourism-industry-related members,
 2575  shall include 1 representatives from the statewide rental car
 2576  industry, 7 representatives from tourist-related statewide
 2577  associations, including those that represent hotels,
 2578  campgrounds, county destination marketing organizations,
 2579  museums, restaurants, retail, and attractions, 3 representatives
 2580  from county destination marketing organizations, 1
 2581  representative from the cruise industry, 1 representative from
 2582  an automobile and travel services membership organization that
 2583  has at least 2.8 million members in Florida, 1 representative
 2584  from the airline industry, and 1 representative from the space
 2585  tourism industry, who will each serve for a term of 2 years.
 2586         (5) POWERS AND DUTIES.—The corporation, in the performance
 2587  of its duties:
 2588         (a) May make and enter into contracts and assume such other
 2589  functions as are necessary to carry out the provisions of the
 2590  Florida Commission on Tourism’s 4-year marketing plan required
 2591  by s. 288.923, and the corporation’s contract with Enterprise
 2592  Florida, Inc., the commission which are not inconsistent with
 2593  this or any other provision of law.
 2594         (b) May develop a program to provide incentives and to
 2595  attract and recognize those entities which make significant
 2596  financial and promotional contributions towards the expanded
 2597  tourism promotion activities of the corporation.
 2598         (c) May commission and adopt, in cooperation with the
 2599  commission, an official tourism logo to be used in all
 2600  promotional materials directly produced by the corporation. The
 2601  corporation May establish a cooperative marketing program with
 2602  other public and private entities which allows the use of the
 2603  VISIT Florida this logo in tourism promotion campaigns which
 2604  meet the standards of Enterprise Florida, Inc., the commission
 2605  and the Office of Tourism, Trade, and Economic Development for
 2606  which the corporation may charge a reasonable fee.
 2607         (d) May sue and be sued and appear and defend in all
 2608  actions and proceedings in its corporate name to the same extent
 2609  as a natural person.
 2610         (e) May adopt, use, and alter a common corporate seal.
 2611  However, such seal must always contain the words “corporation
 2612  not for profit.”
 2613         (f) Shall elect or appoint such officers and agents as its
 2614  affairs shall require and allow them reasonable compensation.
 2615         (g) Shall hire and establish salaries and personnel and
 2616  employee benefit programs for such permanent and temporary
 2617  employees as are necessary to carry out the provisions of the
 2618  Florida Commission on Tourism’s 4-year marketing plan and the
 2619  corporation’s contract with Enterprise Florida, Inc., the
 2620  commission which are not inconsistent with this or any other
 2621  provision of law.
 2622         (h) Shall provide staff support to the Division of Tourism
 2623  Promotion of Enterprise Florida, Inc the Florida Commission on
 2624  Tourism. The president and chief executive officer of the
 2625  Florida Tourism Industry Marketing Corporation shall serve
 2626  without compensation as the executive director of the division
 2627  commission.
 2628         (i) May adopt, change, amend, and repeal bylaws, not
 2629  inconsistent with law or its articles of incorporation, for the
 2630  administration of the provisions of the Florida Commission on
 2631  Tourism’s 4-year marketing plan and the corporation’s contract
 2632  with Enterprise Florida, Inc the commission.
 2633         (j) May conduct its affairs, carry on its operations, and
 2634  have offices and exercise the powers granted by this act in any
 2635  state, territory, district, or possession of the United States
 2636  or any foreign country. Where feasible, appropriate, and
 2637  recommended by the 4-year marketing plan developed by the
 2638  Division of Tourism Promotion of Enterprise Florida, Inc.
 2639  Florida Commission on Tourism, the corporation may collocate the
 2640  programs of foreign tourism offices in cooperation with any
 2641  foreign office operated by any agency of this state.
 2642         (k) May appear on its own behalf before boards,
 2643  commissions, departments, or other agencies of municipal,
 2644  county, state, or federal government.
 2645         (l) May request or accept any grant, payment, or gift, of
 2646  funds or property made by this state or by the United States or
 2647  any department or agency thereof or by any individual, firm,
 2648  corporation, municipality, county, or organization for any or
 2649  all of the purposes of the Florida Commission on Tourism’s 4
 2650  year marketing plan and the corporation’s contract with
 2651  Enterprise Florida, Inc., the commission that are not
 2652  inconsistent with this or any other provision of law. Such funds
 2653  shall be deposited in a bank account established by the
 2654  corporation’s board of directors. The corporation may expend
 2655  such funds in accordance with the terms and conditions of any
 2656  such grant, payment, or gift, in the pursuit of its
 2657  administration or in support of the programs it administers. The
 2658  corporation shall separately account for the public funds and
 2659  the private funds deposited into the corporation’s bank account.
 2660         (m) Shall establish a plan for participation in the
 2661  corporation which will provide additional funding for the
 2662  administration and duties of the corporation.
 2663         (n) In the performance of its duties, may undertake, or
 2664  contract for, marketing projects and advertising research
 2665  projects.
 2666         (o) In addition to any indemnification available under
 2667  chapter 617, the corporation may indemnify, and purchase and
 2668  maintain insurance on behalf of, directors, officers, and
 2669  employees of the corporation against any personal liability or
 2670  accountability by reason of actions taken while acting within
 2671  the scope of their authority.
 2672         (6) ANNUAL AUDIT.—The corporation shall provide for an
 2673  annual financial audit in accordance with s. 215.981. The annual
 2674  audit report shall be submitted to the Auditor General; the
 2675  Office of Policy Analysis and Government Accountability;
 2676  Enterprise Florida, Inc.; and the department the Office of
 2677  Tourism, Trade, and Economic Development for review. The Office
 2678  of Program Policy Analysis and Government Accountability;
 2679  Enterprise Florida, Inc.; the department the Office of Tourism,
 2680  Trade, and Economic Development; and the Auditor General have
 2681  the authority to require and receive from the corporation or
 2682  from its independent auditor any detail or supplemental data
 2683  relative to the operation of the corporation. The department
 2684  Office of Tourism, Trade, and Economic Development shall
 2685  annually certify whether the corporation is operating in a
 2686  manner and achieving the objectives that are consistent with the
 2687  policies and goals of Enterprise Florida, Inc., the commission
 2688  and its long-range marketing plan. The identity of a donor or
 2689  prospective donor to the corporation who desires to remain
 2690  anonymous and all information identifying such donor or
 2691  prospective donor are confidential and exempt from the
 2692  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
 2693  Constitution. Such anonymity shall be maintained in the
 2694  auditor’s report.
 2695         (7) The corporation shall provide a quarterly report to
 2696  Enterprise Florida, Inc., the commission which shall:
 2697         (a) Measure the current vitality of the visitor industry of
 2698  this state as compared to the vitality of such industry for the
 2699  year to date and for comparable quarters of past years.
 2700  Indicators of vitality shall be determined by Enterprise
 2701  Florida, Inc., the commission and shall include, but not be
 2702  limited to, estimated visitor count and party size, length of
 2703  stay, average expenditure per party, and visitor origin and
 2704  destination.
 2705         (b) Provide detailed, unaudited financial statements of
 2706  sources and uses of public and private funds.
 2707         (c) Measure progress towards annual goals and objectives
 2708  set forth in the commission’s 4-year marketing plan.
 2709         (d) Review all pertinent research findings.
 2710         (e) Provide other measures of accountability as requested
 2711  by Enterprise Florida, Inc the commission.
 2712         (8) The identity of any person who responds to a marketing
 2713  project or advertising research project conducted by the
 2714  corporation in the performance of its duties on behalf of
 2715  Enterprise Florida, Inc. the commission, or trade secrets as
 2716  defined by s. 812.081 obtained pursuant to such activities, are
 2717  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 2718  Constitution.
 2719         Section 33. Subsection (4) of section 409.942, Florida
 2720  Statutes, is amended to read:
 2721         409.942 Electronic benefit transfer program.—
 2722         (4) Workforce Florida, Inc., through the Agency for
 2723  Workforce Innovation, shall establish an electronic benefit
 2724  transfer program for the use and management of education,
 2725  training, child care, transportation, and other program benefits
 2726  under its direction. The workforce electronic benefit transfer
 2727  program shall fulfill all federal and state requirements for
 2728  Individual Training Accounts, Retention Incentive Training
 2729  Accounts, Individual Development Accounts, and Individual
 2730  Services Accounts. The workforce electronic benefit transfer
 2731  program shall be designed to enable an individual who receives
 2732  an electronic benefit transfer card under subsection (1) to use
 2733  that card for purposes of benefits provided under the workforce
 2734  development system as well. The Department of Children and
 2735  Family Services shall assist Workforce Florida, Inc., in
 2736  developing an electronic benefit transfer program for the
 2737  workforce development system that is fully compatible with the
 2738  department’s electronic benefit transfer program. The agency
 2739  shall reimburse the department for all costs incurred in
 2740  providing such assistance and shall pay all costs for the
 2741  development of the workforce electronic benefit transfer
 2742  program.
 2743         Section 34. Subsections (4), (5), and (6) of section
 2744  411.0102, Florida Statutes, are amended to read:
 2745         411.0102 Child Care Executive Partnership Act; findings and
 2746  intent; grant; limitation; rules.—
 2747         (4) The Child Care Executive Partnership, staffed by the
 2748  Office of Early Learning Agency for Workforce Innovation, shall
 2749  consist of a representative of the Executive Office of the
 2750  Governor and nine members of the corporate or child care
 2751  community, appointed by the Governor.
 2752         (a) Members shall serve for a period of 4 years, except
 2753  that the representative of the Executive Office of the Governor
 2754  shall serve at the pleasure of the Governor.
 2755         (b) The Child Care Executive Partnership shall be chaired
 2756  by a member chosen by a majority vote and shall meet at least
 2757  quarterly and at other times upon the call of the chair. The
 2758  Child Care Executive Partnership may use any method of
 2759  telecommunications to conduct meetings, including establishing a
 2760  quorum through telecommunications, only if the public is given
 2761  proper notice of a telecommunications meeting and reasonable
 2762  access to observe and, when appropriate, participate.
 2763         (c) Members shall serve without compensation, but may be
 2764  reimbursed for per diem and travel expenses in accordance with
 2765  s. 112.061.
 2766         (d) The Child Care Executive Partnership shall have all the
 2767  powers and authority, not explicitly prohibited by statute,
 2768  necessary to carry out and effectuate the purposes of this
 2769  section, as well as the functions, duties, and responsibilities
 2770  of the partnership, including, but not limited to, the
 2771  following:
 2772         1. Assisting in the formulation and coordination of the
 2773  state’s child care policy.
 2774         2. Adopting an official seal.
 2775         3. Soliciting, accepting, receiving, investing, and
 2776  expending funds from public or private sources.
 2777         4. Contracting with public or private entities as
 2778  necessary.
 2779         5. Approving an annual budget.
 2780         6. Carrying forward any unexpended state appropriations
 2781  into succeeding fiscal years.
 2782         7. Providing a report to the Governor, the Speaker of the
 2783  House of Representatives, and the President of the Senate, on or
 2784  before December 1 of each year.
 2785         (5)(a) The Legislature shall annually determine the amount
 2786  of state or federal low-income child care moneys which shall be
 2787  used to create Child Care Executive Partnership Program child
 2788  care purchasing pools in counties chosen by the Child Care
 2789  Executive Partnership, provided that at least two of the
 2790  counties have populations of no more than 300,000. The
 2791  Legislature shall annually review the effectiveness of the child
 2792  care purchasing pool program and reevaluate the percentage of
 2793  additional state or federal funds, if any, which that can be
 2794  used for the program’s expansion.
 2795         (b) To ensure a seamless service delivery and ease of
 2796  access for families, an early learning coalition or the Office
 2797  of Early Learning Agency for Workforce Innovation shall
 2798  administer the child care purchasing pool funds.
 2799         (c) The Office of Early Learning Agency for Workforce
 2800  Innovation, in conjunction with the Child Care Executive
 2801  Partnership, shall develop procedures for disbursement of funds
 2802  through the child care purchasing pools. In order to be
 2803  considered for funding, an early learning coalition or the
 2804  Office of Early Learning Agency for Workforce Innovation must
 2805  commit to:
 2806         1. Matching the state purchasing pool funds on a dollar
 2807  for-dollar basis; and
 2808         2. Expending only those public funds that which are matched
 2809  by employers, local government, and other matching contributors
 2810  who contribute to the purchasing pool. Parents shall also pay a
 2811  fee, which may not be less than the amount identified in the
 2812  early learning coalition’s school readiness program sliding fee
 2813  scale.
 2814         (d) Each early learning coalition shall establish a
 2815  community child care task force for each child care purchasing
 2816  pool. The task force must be composed of employers, parents,
 2817  private child care providers, and one representative from the
 2818  local children’s services council, if one exists in the area of
 2819  the purchasing pool. The early learning coalition is expected to
 2820  recruit the task force members from existing child care
 2821  councils, commissions, or task forces already operating in the
 2822  area of a purchasing pool. A majority of the task force shall
 2823  consist of employers.
 2824         (e) Each participating early learning coalition board shall
 2825  develop a plan for the use of child care purchasing pool funds.
 2826  The plan must show how many children will be served by the
 2827  purchasing pool, how many will be new to receiving child care
 2828  services, and how the early learning coalition intends to
 2829  attract new employers and their employees to the program.
 2830         (6) The Office of Early Learning Agency for Workforce
 2831  Innovation shall adopt any rules necessary for the
 2832  implementation and administration of this section.
 2833         Section 35. Paragraph (b) of subsection (5) of section
 2834  11.40, Florida Statutes, is amended to read:
 2835         11.40 Legislative Auditing Committee.—
 2836         (5) Following notification by the Auditor General, the
 2837  Department of Financial Services, or the Division of Bond
 2838  Finance of the State Board of Administration of the failure of a
 2839  local governmental entity, district school board, charter
 2840  school, or charter technical career center to comply with the
 2841  applicable provisions within s. 11.45(5)-(7), s. 218.32(1), or
 2842  s. 218.38, the Legislative Auditing Committee may schedule a
 2843  hearing. If a hearing is scheduled, the committee shall
 2844  determine if the entity should be subject to further state
 2845  action. If the committee determines that the entity should be
 2846  subject to further state action, the committee shall:
 2847         (b) In the case of a special district, notify the
 2848  Department of Economic Opportunity Community Affairs that the
 2849  special district has failed to comply with the law. Upon receipt
 2850  of notification, the Department of Economic Opportunity
 2851  Community Affairs shall proceed pursuant to the provisions
 2852  specified in s. 189.421.
 2853         Section 36. Paragraph (c) of subsection (7) of section
 2854  11.45, Florida Statutes, is amended to read:
 2855         11.45 Definitions; duties; authorities; reports; rules.—
 2856         (7) AUDITOR GENERAL REPORTING REQUIREMENTS.—
 2857         (c) The Auditor General shall provide annually a list of
 2858  those special districts which are not in compliance with s.
 2859  218.39 to the Special District Information Program of the
 2860  Department of Economic Opportunity Community Affairs.
 2861         Section 37. Paragraph (b) of subsection (2) of section
 2862  14.20195, Florida Statutes, is amended to read:
 2863         14.20195 Suicide Prevention Coordinating Council; creation;
 2864  membership; duties.—There is created within the Statewide Office
 2865  for Suicide Prevention a Suicide Prevention Coordinating
 2866  Council. The council shall develop strategies for preventing
 2867  suicide.
 2868         (2) MEMBERSHIP.—The Suicide Prevention Coordinating Council
 2869  shall consist of 28 voting members.
 2870         (b) The following state officials or their designees shall
 2871  serve on the coordinating council:
 2872         1. The Secretary of Elderly Affairs.
 2873         2. The State Surgeon General.
 2874         3. The Commissioner of Education.
 2875         4. The Secretary of Health Care Administration.
 2876         5. The Secretary of Juvenile Justice.
 2877         6. The Secretary of Corrections.
 2878         7. The executive director of the Department of Law
 2879  Enforcement.
 2880         8. The executive director of the Department of Veterans’
 2881  Affairs.
 2882         9. The Secretary of Children and Family Services.
 2883         10. The executive director of the Department of Economic
 2884  Opportunity Agency for Workforce Innovation.
 2885         Section 38. Section 15.182, Florida Statutes, is amended to
 2886  read:
 2887         15.182 International travel by state-funded musical,
 2888  cultural, or artistic organizations; notification to the
 2889  Department of Economic Opportunity Office of Tourism, Trade, and
 2890  Economic Development.—
 2891         (1) If a musical, cultural, or artistic organization that
 2892  receives state funding is traveling internationally for a
 2893  presentation, performance, or other significant public viewing,
 2894  including an organization associated with a college or
 2895  university, such organization shall notify the Department of
 2896  Economic Opportunity Office of Tourism, Trade, and Economic
 2897  Development of its intentions to travel, together with the date,
 2898  time, and location of each appearance.
 2899         (2) The Department of Economic Opportunity Office of
 2900  Tourism, Trade, and Economic Development, in conjunction with
 2901  Enterprise Florida, Inc., shall act as an intermediary between
 2902  performing musical, cultural, and artistic organizations and
 2903  Florida businesses to encourage and coordinate joint
 2904  undertakings. Such coordination may include, but is not limited
 2905  to, encouraging business and industry to sponsor cultural
 2906  events, assistance with travel of such organizations, and
 2907  coordinating travel schedules of cultural performance groups and
 2908  international trade missions.
 2909         (3) An organization shall provide the notification to the
 2910  Department of State required by this section at least 30 days
 2911  before prior to the date the international travel is to commence
 2912  or, when an intention to travel internationally is not formed at
 2913  least 30 days in advance of the date the travel is to commence,
 2914  as soon as feasible after forming such travel intention. The
 2915  Department of State shall take an active role in informing such
 2916  groups of the responsibility to notify the department of travel
 2917  intentions.
 2918         Section 39. Paragraph (j) of subsection (1) of section
 2919  16.615, Florida Statutes, is amended to read:
 2920         16.615 Council on the Social Status of Black Men and Boys.—
 2921         (1) The Council on the Social Status of Black Men and Boys
 2922  is established within the Department of Legal Affairs and shall
 2923  consist of 19 members appointed as follows:
 2924         (j) The executive director of the Department of Economic
 2925  Opportunity Agency for Workforce Innovation or his or her
 2926  designee.
 2927         Section 40. Paragraph (c) of subsection (3) of section
 2928  17.61, Florida Statutes, is amended to read:
 2929         17.61 Chief Financial Officer; powers and duties in the
 2930  investment of certain funds.—
 2931         (3)
 2932         (c) Except as provided in this paragraph and except for
 2933  moneys described in paragraph (d), the following agencies may
 2934  not invest trust fund moneys as provided in this section, but
 2935  shall retain such moneys in their respective trust funds for
 2936  investment, with interest appropriated to the General Revenue
 2937  Fund, pursuant to s. 17.57:
 2938         1. The Agency for Health Care Administration, except for
 2939  the Tobacco Settlement Trust Fund.
 2940         2. The Agency for Persons with Disabilities, except for:
 2941         a. The Federal Grants Trust Fund.
 2942         b. The Tobacco Settlement Trust Fund.
 2943         3. The Department of Children and Family Services, except
 2944  for:
 2945         a. The Alcohol, Drug Abuse, and Mental Health Trust Fund.
 2946         b. The Social Services Block Grant Trust Fund.
 2947         c. The Tobacco Settlement Trust Fund.
 2948         d. The Working Capital Trust Fund.
 2949         4. The Department of Community Affairs, only for the
 2950  Operating Trust Fund.
 2951         4.5. The Department of Corrections.
 2952         5.6. The Department of Elderly Affairs, except for:
 2953         a. The Federal Grants Trust Fund.
 2954         b. The Tobacco Settlement Trust Fund.
 2955         6.7. The Department of Health, except for:
 2956         a. The Federal Grants Trust Fund.
 2957         b. The Grants and Donations Trust Fund.
 2958         c. The Maternal and Child Health Block Grant Trust Fund.
 2959         d. The Tobacco Settlement Trust Fund.
 2960         7.8. The Department of Highway Safety and Motor Vehicles,
 2961  only for the Security Deposits Trust Fund.
 2962         8.9. The Department of Juvenile Justice.
 2963         9.10. The Department of Law Enforcement.
 2964         10.11. The Department of Legal Affairs.
 2965         11.12. The Department of State, only for:
 2966         a. The Grants and Donations Trust Fund.
 2967         b. The Records Management Trust Fund.
 2968         12.13. The Department of Economic Opportunity Executive
 2969  Office of the Governor, only for:
 2970         a. The Economic Development Transportation Trust Fund.
 2971         b. The Economic Development Trust Fund.
 2972         13.14. The Florida Public Service Commission, only for the
 2973  Florida Public Service Regulatory Trust Fund.
 2974         14.15. The Justice Administrative Commission.
 2975         15.16. The state courts system.
 2976         Section 41. Subsection (1) of section 20.181, Florida
 2977  Statutes, is amended to read:
 2978         20.181 Federal Grants Trust Fund.—
 2979         (1) The Federal Grants Trust Fund is created within the
 2980  Department of Economic Opportunity Community Affairs.
 2981         Section 42. Paragraph (a) of subsection (8) and paragraph
 2982  (a) of subsection (9) of section 39.001, Florida Statutes, are
 2983  amended to read:
 2984         39.001 Purposes and intent; personnel standards and
 2985  screening.—
 2986         (8) PLAN FOR COMPREHENSIVE APPROACH.—
 2987         (a) The office shall develop a state plan for the promotion
 2988  of adoption, support of adoptive families, and prevention of
 2989  abuse, abandonment, and neglect of children and shall submit the
 2990  state plan to the Speaker of the House of Representatives, the
 2991  President of the Senate, and the Governor no later than December
 2992  31, 2008. The Department of Children and Family Services, the
 2993  Department of Corrections, the Department of Education, the
 2994  Department of Health, the Department of Juvenile Justice, the
 2995  Department of Law Enforcement, and the Agency for Persons with
 2996  Disabilities, and the Agency for Workforce Innovation shall
 2997  participate and fully cooperate in the development of the state
 2998  plan at both the state and local levels. Furthermore,
 2999  appropriate local agencies and organizations shall be provided
 3000  an opportunity to participate in the development of the state
 3001  plan at the local level. Appropriate local groups and
 3002  organizations shall include, but not be limited to, community
 3003  mental health centers; guardian ad litem programs for children
 3004  under the circuit court; the school boards of the local school
 3005  districts; the Florida local advocacy councils; community-based
 3006  care lead agencies; private or public organizations or programs
 3007  with recognized expertise in working with child abuse prevention
 3008  programs for children and families; private or public
 3009  organizations or programs with recognized expertise in working
 3010  with children who are sexually abused, physically abused,
 3011  emotionally abused, abandoned, or neglected and with expertise
 3012  in working with the families of such children; private or public
 3013  programs or organizations with expertise in maternal and infant
 3014  health care; multidisciplinary child protection teams; child day
 3015  care centers; law enforcement agencies; and the circuit courts,
 3016  when guardian ad litem programs are not available in the local
 3017  area. The state plan to be provided to the Legislature and the
 3018  Governor shall include, as a minimum, the information required
 3019  of the various groups in paragraph (b).
 3020         (9) FUNDING AND SUBSEQUENT PLANS.—
 3021         (a) All budget requests submitted by the office, the
 3022  department, the Department of Health, the Department of
 3023  Education, the Department of Juvenile Justice, the Department of
 3024  Corrections, the Agency for Persons with Disabilities, the
 3025  Agency for Workforce Innovation, or any other agency to the
 3026  Legislature for funding of efforts for the promotion of
 3027  adoption, support of adoptive families, and prevention of child
 3028  abuse, abandonment, and neglect shall be based on the state plan
 3029  developed pursuant to this section.
 3030         Section 43. Paragraph (a) of subsection (7) of section
 3031  45.031, Florida Statutes, is amended to read:
 3032         45.031 Judicial sales procedure.—In any sale of real or
 3033  personal property under an order or judgment, the procedures
 3034  provided in this section and ss. 45.0315-45.035 may be followed
 3035  as an alternative to any other sale procedure if so ordered by
 3036  the court.
 3037         (7) DISBURSEMENTS OF PROCEEDS.—
 3038         (a) On filing a certificate of title, the clerk shall
 3039  disburse the proceeds of the sale in accordance with the order
 3040  or final judgment and shall file a report of such disbursements
 3041  and serve a copy of it on each party, and on the Department of
 3042  Revenue if the department was named as a defendant in the action
 3043  or if the Department of Economic Opportunity or the former
 3044  Agency for Workforce Innovation or the former Department of
 3045  Labor and Employment Security was named as a defendant while the
 3046  Department of Revenue was providing unemployment tax collection
 3047  services under contract with the Department of Economic
 3048  Opportunity or the former Agency for Workforce Innovation
 3049  through an interagency agreement pursuant to s. 443.1316.
 3050         Section 44. Paragraph (a) of subsection (4) of section
 3051  69.041, Florida Statutes, is amended to read:
 3052         69.041 State named party; lien foreclosure, suit to quiet
 3053  title.—
 3054         (4)(a) The Department of Revenue has the right to
 3055  participate in the disbursement of funds remaining in the
 3056  registry of the court after distribution pursuant to s.
 3057  45.031(7). The department shall participate in accordance with
 3058  applicable procedures in any mortgage foreclosure action in
 3059  which the department has a duly filed tax warrant, or interests
 3060  under a lien arising from a judgment, order, or decree for
 3061  support, as defined in s. 409.2554, or interest in an
 3062  unemployment compensation tax lien under contract with the
 3063  Department of Economic Opportunity Agency for Workforce
 3064  Innovation through an interagency agreement pursuant to s.
 3065  443.1316, against the subject property and with the same
 3066  priority, regardless of whether a default against the
 3067  department, the Department of Economic Opportunity, or the
 3068  former Agency for Workforce Innovation, or the former Department
 3069  of Labor and Employment Security has been entered for failure to
 3070  file an answer or other responsive pleading.
 3071         Section 45. Paragraph (b) of subsection (4) of section
 3072  112.63, Florida Statutes, is amended to read:
 3073         112.63 Actuarial reports and statements of actuarial
 3074  impact; review.—
 3075         (4) Upon receipt, pursuant to subsection (2), of an
 3076  actuarial report, or upon receipt, pursuant to subsection (3),
 3077  of a statement of actuarial impact, the Department of Management
 3078  Services shall acknowledge such receipt, but shall only review
 3079  and comment on each retirement system’s or plan’s actuarial
 3080  valuations at least on a triennial basis. If the department
 3081  finds that the actuarial valuation is not complete, accurate, or
 3082  based on reasonable assumptions or otherwise materially fails to
 3083  satisfy the requirements of this part, if the department
 3084  requires additional material information necessary to complete
 3085  its review of the actuarial valuation of a system or plan or
 3086  material information necessary to satisfy the duties of the
 3087  department pursuant to s. 112.665(1), or if the department does
 3088  not receive the actuarial report or statement of actuarial
 3089  impact, the department shall notify the administrator of the
 3090  affected retirement system or plan and the affected governmental
 3091  entity and request appropriate adjustment, the additional
 3092  material information, or the required report or statement. The
 3093  notification must inform the administrator of the affected
 3094  retirement system or plan and the affected governmental entity
 3095  of the consequences for failure to comply with the requirements
 3096  of this subsection. If, after a reasonable period of time, a
 3097  satisfactory adjustment is not made or the report, statement, or
 3098  additional material information is not provided, the department
 3099  may notify the Department of Revenue and the Department of
 3100  Financial Services of such noncompliance, in which case the
 3101  Department of Revenue and the Department of Financial Services
 3102  shall withhold any funds not pledged for satisfaction of bond
 3103  debt service which are payable to the affected governmental
 3104  entity until the adjustment is made or the report, statement, or
 3105  additional material information is provided to the department.
 3106  The department shall specify the date such action is to begin,
 3107  and notification by the department must be received by the
 3108  Department of Revenue, the Department of Financial Services, and
 3109  the affected governmental entity 30 days before the date the
 3110  action begins.
 3111         (b) In the case of an affected special district, the
 3112  Department of Management Services shall also notify the
 3113  Department of Economic Opportunity Community Affairs. Upon
 3114  receipt of notification, the Department of Economic Opportunity
 3115  Community Affairs shall proceed pursuant to the provisions of s.
 3116  189.421 with regard to the special district.
 3117         Section 46. Paragraph (e) of subsection (1) of section
 3118  112.665, Florida Statutes, is amended to read:
 3119         112.665 Duties of Department of Management Services.—
 3120         (1) The Department of Management Services shall:
 3121         (e) Issue, by January 1 annually, a report to the Special
 3122  District Information Program of the Department of Economic
 3123  Opportunity Community Affairs that includes the participation in
 3124  and compliance of special districts with the local government
 3125  retirement system provisions in s. 112.63 and the state
 3126  administered retirement system provisions as specified in part I
 3127  of chapter 121; and
 3128         Section 47. Subsection (3) of section 112.3135, Florida
 3129  Statutes, is amended to read:
 3130         112.3135 Restriction on employment of relatives.—
 3131         (3) An agency may prescribe regulations authorizing the
 3132  temporary employment, in the event of an emergency as defined in
 3133  s. 252.34(3), of individuals whose employment would be otherwise
 3134  prohibited by this section.
 3135         Section 48. Paragraph (d) of subsection (2) and paragraph
 3136  (f) of subsection (5) of section 119.071, Florida Statutes, are
 3137  amended to read:
 3138         119.071 General exemptions from inspection or copying of
 3139  public records.—
 3140         (2) AGENCY INVESTIGATIONS.—
 3141         (d) Any information revealing surveillance techniques or
 3142  procedures or personnel is exempt from s. 119.07(1) and s.
 3143  24(a), Art. I of the State Constitution. Any comprehensive
 3144  inventory of state and local law enforcement resources compiled
 3145  pursuant to part I, chapter 23, and any comprehensive policies
 3146  or plans compiled by a criminal justice agency pertaining to the
 3147  mobilization, deployment, or tactical operations involved in
 3148  responding to an emergency emergencies, as defined in s.
 3149  252.34(3), are exempt from s. 119.07(1) and s. 24(a), Art. I of
 3150  the State Constitution and unavailable for inspection, except by
 3151  personnel authorized by a state or local law enforcement agency,
 3152  the office of the Governor, the Department of Legal Affairs, the
 3153  Department of Law Enforcement, or the Division of Emergency
 3154  Management the Department of Community Affairs as having an
 3155  official need for access to the inventory or comprehensive
 3156  policies or plans.
 3157         (5) OTHER PERSONAL INFORMATION.—
 3158         (f) Medical history records and information related to
 3159  health or property insurance provided to the Department of
 3160  Economic Opportunity Community Affairs, the Florida Housing
 3161  Finance Corporation, a county, a municipality, or a local
 3162  housing finance agency by an applicant for or a participant in a
 3163  federal, state, or local housing assistance program are
 3164  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
 3165  of the State Constitution. Governmental entities or their agents
 3166  shall have access to such confidential and exempt records and
 3167  information for the purpose of auditing federal, state, or local
 3168  housing programs or housing assistance programs. Such
 3169  confidential and exempt records and information may be used in
 3170  any administrative or judicial proceeding, provided such records
 3171  are kept confidential and exempt unless otherwise ordered by a
 3172  court.
 3173         Section 49. Paragraph (b) of subsection (3) of section
 3174  120.54, Florida Statutes, as amended by chapter 2010-279, Laws
 3175  of Florida, is amended to read:
 3176         120.54 Rulemaking.—
 3177         (3) ADOPTION PROCEDURES.—
 3178         (b) Special matters to be considered in rule adoption.—
 3179         1. Statement of estimated regulatory costs.—Before Prior to
 3180  the adoption, amendment, or repeal of any rule other than an
 3181  emergency rule, an agency is encouraged to prepare a statement
 3182  of estimated regulatory costs of the proposed rule, as provided
 3183  by s. 120.541. However, an agency must prepare a statement of
 3184  estimated regulatory costs of the proposed rule, as provided by
 3185  s. 120.541, if:
 3186         a. The proposed rule will have an adverse impact on small
 3187  business; or
 3188         b. The proposed rule is likely to directly or indirectly
 3189  increase regulatory costs in excess of $200,000 in the aggregate
 3190  in this state within 1 year after the implementation of the
 3191  rule.
 3192         2. Small businesses, small counties, and small cities.—
 3193         a. Each agency, before the adoption, amendment, or repeal
 3194  of a rule, shall consider the impact of the rule on small
 3195  businesses as defined by s. 288.703 and the impact of the rule
 3196  on small counties or small cities as defined by s. 120.52.
 3197  Whenever practicable, an agency shall tier its rules to reduce
 3198  disproportionate impacts on small businesses, small counties, or
 3199  small cities to avoid regulating small businesses, small
 3200  counties, or small cities that do not contribute significantly
 3201  to the problem the rule is designed to address. An agency may
 3202  define “small business” to include businesses employing more
 3203  than 200 persons, may define “small county” to include those
 3204  with populations of more than 75,000, and may define “small
 3205  city” to include those with populations of more than 10,000, if
 3206  it finds that such a definition is necessary to adapt a rule to
 3207  the needs and problems of small businesses, small counties, or
 3208  small cities. The agency shall consider each of the following
 3209  methods for reducing the impact of the proposed rule on small
 3210  businesses, small counties, and small cities, or any combination
 3211  of these entities:
 3212         (I) Establishing less stringent compliance or reporting
 3213  requirements in the rule.
 3214         (II) Establishing less stringent schedules or deadlines in
 3215  the rule for compliance or reporting requirements.
 3216         (III) Consolidating or simplifying the rule’s compliance or
 3217  reporting requirements.
 3218         (IV) Establishing performance standards or best management
 3219  practices to replace design or operational standards in the
 3220  rule.
 3221         (V) Exempting small businesses, small counties, or small
 3222  cities from any or all requirements of the rule.
 3223         b.(I) If the agency determines that the proposed action
 3224  will affect small businesses as defined by the agency as
 3225  provided in sub-subparagraph a., the agency shall send written
 3226  notice of the rule to the Small Business Regulatory Advisory
 3227  Council and the Department of Economic Opportunity at least
 3228  Office of Tourism, Trade, and Economic Development not less than
 3229  28 days before prior to the intended action.
 3230         (II) Each agency shall adopt those regulatory alternatives
 3231  offered by the Small Business Regulatory Advisory Council and
 3232  provided to the agency no later than 21 days after the council’s
 3233  receipt of the written notice of the rule which it finds are
 3234  feasible and consistent with the stated objectives of the
 3235  proposed rule and which would reduce the impact on small
 3236  businesses. When regulatory alternatives are offered by the
 3237  Small Business Regulatory Advisory Council, the 90-day period
 3238  for filing the rule in subparagraph (e)2. is extended for a
 3239  period of 21 days.
 3240         (III) If an agency does not adopt all alternatives offered
 3241  pursuant to this sub-subparagraph, it shall, before prior to
 3242  rule adoption or amendment and pursuant to subparagraph (d)1.,
 3243  file a detailed written statement with the committee explaining
 3244  the reasons for failure to adopt such alternatives. Within 3
 3245  working days after of the filing of such notice, the agency
 3246  shall send a copy of such notice to the Small Business
 3247  Regulatory Advisory Council. The Small Business Regulatory
 3248  Advisory Council may make a request of the President of the
 3249  Senate and the Speaker of the House of Representatives that the
 3250  presiding officers direct the Office of Program Policy Analysis
 3251  and Government Accountability to determine whether the rejected
 3252  alternatives reduce the impact on small business while meeting
 3253  the stated objectives of the proposed rule. Within 60 days after
 3254  the date of the directive from the presiding officers, the
 3255  Office of Program Policy Analysis and Government Accountability
 3256  shall report to the Administrative Procedures Committee its
 3257  findings as to whether an alternative reduces the impact on
 3258  small business while meeting the stated objectives of the
 3259  proposed rule. The Office of Program Policy Analysis and
 3260  Government Accountability shall consider the proposed rule, the
 3261  economic impact statement, the written statement of the agency,
 3262  the proposed alternatives, and any comment submitted during the
 3263  comment period on the proposed rule. The Office of Program
 3264  Policy Analysis and Government Accountability shall submit a
 3265  report of its findings and recommendations to the Governor, the
 3266  President of the Senate, and the Speaker of the House of
 3267  Representatives. The Administrative Procedures Committee shall
 3268  report such findings to the agency, and the agency shall respond
 3269  in writing to the Administrative Procedures Committee if the
 3270  Office of Program Policy Analysis and Government Accountability
 3271  found that the alternative reduced the impact on small business
 3272  while meeting the stated objectives of the proposed rule. If the
 3273  agency will not adopt the alternative, it must also provide a
 3274  detailed written statement to the committee as to why it will
 3275  not adopt the alternative.
 3276         Section 50. Subsection (10) of section 120.80, Florida
 3277  Statutes, is amended to read:
 3278         120.80 Exceptions and special requirements; agencies.—
 3279         (10) DEPARTMENT OF ECONOMIC OPPORTUNITY AGENCY FOR
 3280  WORKFORCE INNOVATION.—
 3281         (a) Notwithstanding s. 120.54, the rulemaking provisions of
 3282  this chapter do not apply to unemployment appeals referees.
 3283         (b) Notwithstanding s. 120.54(5), the uniform rules of
 3284  procedure do not apply to appeal proceedings conducted under
 3285  chapter 443 by the Unemployment Appeals Commission, special
 3286  deputies, or unemployment appeals referees.
 3287         (c) Notwithstanding s. 120.57(1)(a), hearings under chapter
 3288  443 may not be conducted by an administrative law judge assigned
 3289  by the division, but instead shall be conducted by the
 3290  Unemployment Appeals Commission in unemployment compensation
 3291  appeals, unemployment appeals referees, and the Department of
 3292  Economic Opportunity Agency for Workforce Innovation or its
 3293  special deputies under s. 443.141.
 3294         Section 51. Subsections (4) and (5) of section 125.045,
 3295  Florida Statutes, are amended to read:
 3296         125.045 County economic development powers.—
 3297         (4) A contract between the governing body of a county or
 3298  other entity engaged in economic development activities on
 3299  behalf of the county and an economic development agency must
 3300  require the agency or entity receiving county funds to submit a
 3301  report to the governing body of the county detailing how county
 3302  funds were spent and detailing the results of the economic
 3303  development agency’s or entity’s efforts on behalf of the
 3304  county. By January 15, 2011, and annually thereafter, the county
 3305  must file a copy of the report with the Office of Economic and
 3306  Demographic Research Legislative Committee on Intergovernmental
 3307  Relations or its successor entity and post a copy of the report
 3308  on the county’s website.
 3309         (5)(a) By January 15, 2011, and annually thereafter, each
 3310  county shall report to the Office of Economic and Demographic
 3311  Research Legislative Committee on Intergovernmental Relations or
 3312  its successor entity the economic development incentives in
 3313  excess of $25,000 given to any business during the county’s
 3314  previous fiscal year. The Office of Economic and Demographic
 3315  Research Legislative Committee on Intergovernmental Relations or
 3316  its successor entity shall compile the information from the
 3317  counties into a report and provide the report to the Department
 3318  of Economic Opportunity Office of Tourism, Trade, and Economic
 3319  Development. Economic development incentives include:
 3320         1. Direct financial incentives of monetary assistance
 3321  provided to a business from the county or through an
 3322  organization authorized by the county. Such incentives include,
 3323  but are not limited to, grants, loans, equity investments, loan
 3324  insurance and guarantees, and training subsidies.
 3325         2. Indirect incentives in the form of grants and loans
 3326  provided to businesses and community organizations that provide
 3327  support to businesses or promote business investment or
 3328  development.
 3329         3. Fee-based or tax-based incentives, including, but not
 3330  limited to, credits, refunds, exemptions, and property tax
 3331  abatement or assessment reductions.
 3332         4. Below-market rate leases or deeds for real property.
 3333         (b) A county shall report its economic development
 3334  incentives in the format specified by the Office of Economic and
 3335  Demographic Research Legislative Committee on Intergovernmental
 3336  Relations or its successor entity.
 3337         (c) The Office of Economic and Demographic Research
 3338  Legislative Committee on Intergovernmental Relations or its
 3339  successor entity shall compile the economic development
 3340  incentives provided by each county in a manner that shows the
 3341  total of each class of economic development incentives provided
 3342  by each county and all counties.
 3343         Section 52. Subsection (11) of section 159.803, Florida
 3344  Statutes, is amended to read:
 3345         159.803 Definitions.—As used in this part, the term:
 3346         (11) “Florida First Business project” means any project
 3347  which is certified by the Department of Economic Opportunity
 3348  Office of Tourism, Trade, and Economic Development as eligible
 3349  to receive an allocation from the Florida First Business
 3350  allocation pool established pursuant to s. 159.8083. The
 3351  Department of Economic Opportunity Office of Tourism, Trade, and
 3352  Economic Development may certify those projects meeting the
 3353  criteria set forth in s. 288.106(4)(b) or any project providing
 3354  a substantial economic benefit to this state.
 3355         Section 53. Paragraph (a) of subsection (2) of section
 3356  159.8081, Florida Statutes, is amended to read:
 3357         159.8081 Manufacturing facility bond pool.—
 3358         (2)(a) The first 75 percent of this pool shall be available
 3359  on a first come, first served basis, except that 15 percent of
 3360  the state volume limitation allocated to this pool shall be
 3361  available as provided in paragraph (b). Before Prior to issuing
 3362  any written confirmations for the remaining 25 percent of this
 3363  pool, the executive director shall forward all notices of intent
 3364  to issue which are received by the division for manufacturing
 3365  facility projects to the Department of Economic Opportunity
 3366  Office of Tourism, Trade, and Economic Development. The
 3367  Department of Economic Opportunity Office of Tourism, Trade, and
 3368  Economic Development and the Department of Community Affairs
 3369  shall decide, after receipt of the notices of intent to issue,
 3370  which notices will receive written confirmations. Such decision
 3371  shall be communicated in writing by the Department of Economic
 3372  Opportunity Office of Tourism, Trade, and Economic Development
 3373  to the executive director within 10 days of receipt of such
 3374  notices of intent to issue. The Department of Economic
 3375  Opportunity Office of Tourism, Trade, and Economic Development,
 3376  in consultation with the Department of Community Affairs, may
 3377  develop rules to ensure that allocation of the remaining 25
 3378  percent is consistent with the state’s economic development
 3379  policy.
 3380         Section 54. Section 159.8083, Florida Statutes, is amended
 3381  to read:
 3382         159.8083 Florida First Business allocation pool.—The
 3383  Florida First Business allocation pool is hereby established.
 3384  The Florida First Business allocation pool shall be available
 3385  solely to provide written confirmation for private activity
 3386  bonds to finance Florida First Business projects certified by
 3387  the Department of Economic Opportunity Office of Tourism, Trade,
 3388  and Economic Development as eligible to receive a written
 3389  confirmation. Allocations from such pool shall be awarded
 3390  statewide pursuant to procedures specified in s. 159.805, except
 3391  that the provisions of s. 159.805(2), (3), and (6) do not apply.
 3392  Florida First Business projects that are eligible for a
 3393  carryforward do shall not lose their allocation pursuant to s.
 3394  159.809(3) on October 1, or pursuant to s. 159.809(4) on
 3395  November 16, if they have applied for and have been granted a
 3396  carryforward by the division pursuant to s. 159.81(1). In
 3397  issuing written confirmations of allocations for Florida First
 3398  Business projects, the division shall use the Florida First
 3399  Business allocation pool. If allocation is not available from
 3400  the Florida First Business allocation pool, the division shall
 3401  issue written confirmations of allocations for Florida First
 3402  Business projects pursuant to s. 159.806 or s. 159.807, in such
 3403  order. For the purpose of determining priority within a regional
 3404  allocation pool or the state allocation pool, notices of intent
 3405  to issue bonds for Florida First Business projects to be issued
 3406  from a regional allocation pool or the state allocation pool
 3407  shall be considered to have been received by the division at the
 3408  time it is determined by the division that the Florida First
 3409  Business allocation pool is unavailable to issue confirmation
 3410  for such Florida First Business project. If the total amount
 3411  requested in notices of intent to issue private activity bonds
 3412  for Florida First Business projects exceeds the total amount of
 3413  the Florida First Business allocation pool, the director shall
 3414  forward all timely notices of intent to issue, which are
 3415  received by the division for such projects, to the Department of
 3416  Economic Opportunity Office of Tourism, Trade, and Economic
 3417  Development which shall render a decision as to which notices of
 3418  intent to issue are to receive written confirmations. The
 3419  Department of Economic Opportunity Office of Tourism, Trade, and
 3420  Economic Development, in consultation with the division, shall
 3421  develop rules to ensure that the allocation provided in such
 3422  pool is available solely to provide written confirmations for
 3423  private activity bonds to finance Florida First Business
 3424  projects and that such projects are feasible and financially
 3425  solvent.
 3426         Section 55. Subsection (3) of section 159.809, Florida
 3427  Statutes, is amended to read:
 3428         159.809 Recapture of unused amounts.—
 3429         (3) On October 1 of each year, any portion of the
 3430  allocation made to the Florida First Business allocation pool
 3431  pursuant to s. 159.804(5), or subsection (1), or subsection (2),
 3432  which is eligible for carryforward pursuant to s. 146(f) of the
 3433  Code but which has not been certified for carryforward by the
 3434  Department of Economic Opportunity Office of Tourism, Trade, and
 3435  Economic Development, shall be returned to the Florida First
 3436  Business allocation pool.
 3437         Section 56. Subsection (4) of section 161.142, Florida
 3438  Statutes, is amended to read:
 3439         161.142 Declaration of public policy relating to improved
 3440  navigation inlets.—The Legislature recognizes the need for
 3441  maintaining navigation inlets to promote commercial and
 3442  recreational uses of our coastal waters and their resources. The
 3443  Legislature further recognizes that inlets interrupt or alter
 3444  the natural drift of beach-quality sand resources, which often
 3445  results in these sand resources being deposited in nearshore
 3446  areas or in the inlet channel, or in the inland waterway
 3447  adjacent to the inlet, instead of providing natural nourishment
 3448  to the adjacent eroding beaches. Accordingly, the Legislature
 3449  finds it is in the public interest to replicate the natural
 3450  drift of sand which is interrupted or altered by inlets to be
 3451  replaced and for each level of government to undertake all
 3452  reasonable efforts to maximize inlet sand bypassing to ensure
 3453  that beach-quality sand is placed on adjacent eroding beaches.
 3454  Such activities cannot make up for the historical sand deficits
 3455  caused by inlets but shall be designed to balance the sediment
 3456  budget of the inlet and adjacent beaches and extend the life of
 3457  proximate beach-restoration projects so that periodic
 3458  nourishment is needed less frequently. Therefore, in furtherance
 3459  of this declaration of public policy and the Legislature’s
 3460  intent to redirect and recommit the state’s comprehensive beach
 3461  management efforts to address the beach erosion caused by
 3462  inlets, the department shall ensure that:
 3463         (4) The provisions of subsections (1) and (2) shall not be
 3464  a requirement imposed upon ports listed in s. 403.021(9)(b);
 3465  however, such ports must demonstrate reasonable effort to place
 3466  beach-quality sand from construction and maintenance dredging
 3467  and port-development projects on adjacent eroding beaches in
 3468  accordance with port master plans approved by the Department of
 3469  Economic Opportunity Community Affairs, and permits approved and
 3470  issued by the department, to ensure compliance with this
 3471  section. Ports may sponsor or cosponsor inlet management
 3472  projects that are fully eligible for state cost sharing.
 3473         Section 57. Subsection (10) of section 161.54, Florida
 3474  Statutes, is amended to read:
 3475         161.54 Definitions.—In construing ss. 161.52-161.58:
 3476         (10) “State land planning agency” means the Department of
 3477  Economic Opportunity Community Affairs.
 3478         Section 58. Subsection (1) of section 175.021, Florida
 3479  Statutes, is amended to read:
 3480         175.021 Legislative declaration.—
 3481         (1) It is hereby declared by the Legislature that
 3482  firefighters, as hereinafter defined, perform state and
 3483  municipal functions; that it is their duty to extinguish fires,
 3484  to protect life, and to protect property at their own risk and
 3485  peril; that it is their duty to prevent conflagration and to
 3486  continuously instruct school personnel, public officials, and
 3487  private citizens in the prevention of fires and firesafety; that
 3488  they protect both life and property from local emergencies as
 3489  defined in s. 252.34(3); and that their activities are vital to
 3490  the public safety. It is further declared that firefighters
 3491  employed by special fire control districts serve under the same
 3492  circumstances and perform the same duties as firefighters
 3493  employed by municipalities and should therefore be entitled to
 3494  the benefits available under this chapter. Therefore, the
 3495  Legislature declares that it is a proper and legitimate state
 3496  purpose to provide a uniform retirement system for the benefit
 3497  of firefighters as hereinafter defined and intends, in
 3498  implementing the provisions of s. 14, Art. X of the State
 3499  Constitution as they relate to municipal and special district
 3500  firefighters’ pension trust fund systems and plans, that such
 3501  retirement systems or plans be managed, administered, operated,
 3502  and funded in such manner as to maximize the protection of the
 3503  firefighters’ pension trust funds. Pursuant to s. 18, Art. VII
 3504  of the State Constitution, the Legislature hereby determines and
 3505  declares that the provisions of this act fulfill an important
 3506  state interest.
 3507         Section 59. Subsection (20) of section 163.3164, Florida
 3508  Statutes, is amended to read:
 3509         163.3164 Local Government Comprehensive Planning and Land
 3510  Development Regulation Act; definitions.—As used in this act:
 3511         (20) “State land planning agency” means the Department of
 3512  Economic Opportunity Community Affairs.
 3513         Section 60. Paragraphs (d) and (e) of subsection (9) of
 3514  section 166.021, Florida Statutes, are amended to read:
 3515         166.021 Powers.—
 3516         (9)
 3517         (d) A contract between the governing body of a municipality
 3518  or other entity engaged in economic development activities on
 3519  behalf of the municipality and an economic development agency
 3520  must require the agency or entity receiving municipal funds to
 3521  submit a report to the governing body of the municipality
 3522  detailing how the municipal funds are spent and detailing the
 3523  results of the economic development agency’s or entity’s efforts
 3524  on behalf of the municipality. By January 15, 2011, and annually
 3525  thereafter, the municipality shall file a copy of the report
 3526  with the Office of Economic and Demographic Research Legislative
 3527  Committee on Intergovernmental Relations or its successor entity
 3528  and post a copy of the report on the municipality’s website.
 3529         (e)1. By January 15, 2011, and annually thereafter
 3530  therafter, each municipality having annual revenues or
 3531  expenditures greater than $250,000 shall report to the Office of
 3532  Economic Demographic Research Legislative Committee on
 3533  Intergovernmental Relations or its successor entity the economic
 3534  development incentives in excess of $25,000 given to any
 3535  business during the municipality’s previous fiscal year. The
 3536  Office of Economic and Demographic Research Legislative
 3537  Committee on Intergovernmental Relations or its successor entity
 3538  shall compile the information from the municipalities into a
 3539  report and provide the report to the Department of Economic
 3540  Opportunity Office of Tourism, Trade, and Economic Development.
 3541  Economic development incentives include:
 3542         a. Direct financial incentives of monetary assistance
 3543  provided to a business from the municipality or through an
 3544  organization authorized by the municipality. Such incentives
 3545  include, but are not limited to, grants, loans, equity
 3546  investments, loan insurance and guarantees, and training
 3547  subsidies.
 3548         b. Indirect incentives in the form of grants and loans
 3549  provided to businesses and community organizations that provide
 3550  support to businesses or promote business investment or
 3551  development.
 3552         c. Fee-based or tax-based incentives, including, but not
 3553  limited to, credits, refunds, exemptions, and property tax
 3554  abatement or assessment reductions.
 3555         d. Below-market rate leases or deeds for real property.
 3556         2. A municipality shall report its economic development
 3557  incentives in the format specified by the Office of Economic and
 3558  Demographic Research Legislative Committee on Intergovernmental
 3559  Relations or its successor entity.
 3560         3. The Office of Economic and Demographic Research
 3561  Legislative Committee on Intergovernmental Relations or its
 3562  successor entity shall compile the economic development
 3563  incentives provided by each municipality in a manner that shows
 3564  the total of each class of economic development incentives
 3565  provided by each municipality and all municipalities.
 3566         Section 61. Subsection (1) of section 171.204, Florida
 3567  Statutes, is amended to read:
 3568         171.204 Prerequisites to annexation under this part.—The
 3569  interlocal service boundary agreement may describe the character
 3570  of land that may be annexed under this part and may provide that
 3571  the restrictions on the character of land that may be annexed
 3572  pursuant to part I are not restrictions on land that may be
 3573  annexed pursuant to this part. As determined in the interlocal
 3574  service boundary agreement, any character of land may be
 3575  annexed, including, but not limited to, an annexation of land
 3576  not contiguous to the boundaries of the annexing municipality,
 3577  an annexation that creates an enclave, or an annexation where
 3578  the annexed area is not reasonably compact; however, such area
 3579  must be “urban in character” as defined in s. 171.031(8). The
 3580  interlocal service boundary agreement may not allow for
 3581  annexation of land within a municipality that is not a party to
 3582  the agreement or of land that is within another county. Before
 3583  annexation of land that is not contiguous to the boundaries of
 3584  the annexing municipality, an annexation that creates an
 3585  enclave, or an annexation of land that is not currently served
 3586  by water or sewer utilities, one of the following options must
 3587  be followed:
 3588         (1) The municipality shall transmit a comprehensive plan
 3589  amendment that proposes specific amendments relating to the
 3590  property anticipated for annexation to the Department of
 3591  Economic Opportunity Community Affairs for review under chapter
 3592  163. After considering the department’s review, the municipality
 3593  may approve the annexation and comprehensive plan amendment
 3594  concurrently. The local government must adopt the annexation and
 3595  the comprehensive plan amendment as separate and distinct
 3596  actions but may take such actions at a single public hearing; or
 3597         Section 62. Paragraph (c) of subsection (4) of section
 3598  186.504, Florida Statutes, is amended to read:
 3599         186.504 Regional planning councils; creation; membership.—
 3600         (4) In addition to voting members appointed pursuant to
 3601  paragraph (2)(c), the Governor shall appoint the following ex
 3602  officio nonvoting members to each regional planning council:
 3603         (c) A representative nominated by the Department of
 3604  Economic Opportunity Enterprise Florida, Inc., and the Office of
 3605  Tourism, Trade, and Economic Development.
 3606  
 3607  The Governor may also appoint ex officio nonvoting members
 3608  representing appropriate metropolitan planning organizations and
 3609  regional water supply authorities.
 3610         Section 63. Subsection (11) of section 186.505, Florida
 3611  Statutes, is amended to read:
 3612         186.505 Regional planning councils; powers and duties.—Any
 3613  regional planning council created hereunder shall have the
 3614  following powers:
 3615         (11) To cooperate, in the exercise of its planning
 3616  functions, with federal and state agencies in planning for
 3617  emergency management as defined in under s. 252.34(4).
 3618         Section 64. Subsection (4) of section 189.403, Florida
 3619  Statutes, is amended to read:
 3620         189.403 Definitions.—As used in this chapter, the term:
 3621         (4) “Department” means the Department of Economic
 3622  Opportunity Community Affairs.
 3623         Section 65. Section 189.412, Florida Statutes, is amended
 3624  to read:
 3625         189.412 Special District Information Program; duties and
 3626  responsibilities.—The Special District Information Program of
 3627  the department of Economic Opportunity Community Affairs is
 3628  created and has the following special duties:
 3629         (1) The collection and maintenance of special district
 3630  noncompliance status reports from the Department of Management
 3631  Services, the Department of Financial Services, the Division of
 3632  Bond Finance of the State Board of Administration, and the
 3633  Auditor General for the reporting required in ss. 112.63,
 3634  218.32, 218.38, and 218.39. The noncompliance reports must list
 3635  those special districts that did not comply with the statutory
 3636  reporting requirements.
 3637         (2) The maintenance of a master list of independent and
 3638  dependent special districts which shall be available on the
 3639  department’s website.
 3640         (3) The publishing and updating of a “Florida Special
 3641  District Handbook” that contains, at a minimum:
 3642         (a) A section that specifies definitions of special
 3643  districts and status distinctions in the statutes.
 3644         (b) A section or sections that specify current statutory
 3645  provisions for special district creation, implementation,
 3646  modification, dissolution, and operating procedures.
 3647         (c) A section that summarizes the reporting requirements
 3648  applicable to all types of special districts as provided in ss.
 3649  189.417 and 189.418.
 3650         (4) When feasible, securing and maintaining access to
 3651  special district information collected by all state agencies in
 3652  existing or newly created state computer systems.
 3653         (5) The facilitation of coordination and communication
 3654  among state agencies regarding special district information.
 3655         (6) The conduct of studies relevant to special districts.
 3656         (7) The provision of assistance related to and appropriate
 3657  in the performance of requirements specified in this chapter,
 3658  including assisting with an annual conference sponsored by the
 3659  Florida Association of Special Districts or its successor.
 3660         (8) Providing assistance to local general-purpose
 3661  governments and certain state agencies in collecting delinquent
 3662  reports or information, helping special districts comply with
 3663  reporting requirements, declaring special districts inactive
 3664  when appropriate, and, when directed by the Legislative Auditing
 3665  Committee, initiating enforcement provisions as provided in ss.
 3666  189.4044, 189.419, and 189.421.
 3667         Section 66. Section 189.413, Florida Statutes, is amended
 3668  to read:
 3669         189.413 Special districts; oversight of state funds use.
 3670  Any state agency administering funding programs for which
 3671  special districts are eligible shall be responsible for
 3672  oversight of the use of such funds by special districts. The
 3673  oversight responsibilities shall include, but not be limited to:
 3674         (1) Reporting the existence of the program to the Special
 3675  District Information Program of the department of Community
 3676  Affairs.
 3677         (2) Submitting annually a list of special districts
 3678  participating in a state funding program to the Special District
 3679  Information Program of the department of Community Affairs. This
 3680  list must indicate the special districts, if any, that are not
 3681  in compliance with state funding program requirements.
 3682         Section 67. Section 189.425, Florida Statutes, is amended
 3683  to read:
 3684         189.425 Rulemaking authority.—The department of Community
 3685  Affairs may adopt rules to implement the provisions of this
 3686  chapter.
 3687         Section 68. Section 189.427, Florida Statutes, is amended
 3688  to read:
 3689         189.427 Fee schedule; Grants and Donations Operating Trust
 3690  Fund.—The Department of Economic Opportunity Community Affairs,
 3691  by rule, shall establish a schedule of fees to pay one-half of
 3692  the costs incurred by the department in administering this act,
 3693  except that the fee may not exceed $175 per district per year.
 3694  The fees collected under this section shall be deposited in the
 3695  Grants and Donations Operating Trust Fund, which shall be
 3696  administered by the Department of Economic Opportunity Community
 3697  Affairs. Any fee rule must consider factors such as the
 3698  dependent and independent status of the district and district
 3699  revenues for the most recent fiscal year as reported to the
 3700  Department of Financial Services. The department may assess
 3701  fines of not more than $25, with an aggregate total not to
 3702  exceed $50, as penalties against special districts that fail to
 3703  remit required fees to the department. It is the intent of the
 3704  Legislature that general revenue funds will be made available to
 3705  the department to pay one-half of the cost of administering this
 3706  act.
 3707         Section 69. Subsection (1) of section 189.4035, Florida
 3708  Statutes, is amended to read:
 3709         189.4035 Preparation of official list of special
 3710  districts.—
 3711         (1) The Department of Economic Opportunity Community
 3712  Affairs shall compile the official list of special districts.
 3713  The official list of special districts shall include all special
 3714  districts in this state and shall indicate the independent or
 3715  dependent status of each district. All special districts in the
 3716  list shall be sorted by county. The definitions in s. 189.403
 3717  shall be the criteria for determination of the independent or
 3718  dependent status of each special district on the official list.
 3719  The status of community development districts shall be
 3720  independent on the official list of special districts.
 3721         Section 70. Subsection (2) of section 190.009, Florida
 3722  Statutes, is amended to read:
 3723         190.009 Disclosure of public financing.—
 3724         (2) The Department of Economic Opportunity Community
 3725  Affairs shall keep a current list of districts and their
 3726  disclosures pursuant to this act and shall make such studies and
 3727  reports and take such actions as it deems necessary.
 3728         Section 71. Section 190.047, Florida Statutes, is amended
 3729  to read:
 3730         190.047 Incorporation or annexation of district.—
 3731         (1) Upon attaining the population standards for
 3732  incorporation contained in s. 165.061 and as determined by the
 3733  Department of Economic Opportunity Community Affairs, any
 3734  district wholly contained within the unincorporated area of a
 3735  county that also meets the other requirements for incorporation
 3736  contained in s. 165.061 shall hold a referendum at a general
 3737  election on the question of whether to incorporate. However, any
 3738  district contiguous to the boundary of a municipality may be
 3739  annexed to such municipality pursuant to the provisions of
 3740  chapter 171.
 3741         (2) The Department of Economic Opportunity Community
 3742  Affairs shall annually monitor the status of the district for
 3743  purposes of carrying out the provisions of this section.
 3744         Section 72. Subsection (1) of section 191.009, Florida
 3745  Statutes, is amended to read:
 3746         191.009 Taxes; non-ad valorem assessments; impact fees and
 3747  user charges.—
 3748         (1) AD VALOREM TAXES.—An elected board may levy and assess
 3749  ad valorem taxes on all taxable property in the district to
 3750  construct, operate, and maintain district facilities and
 3751  services, to pay the principal of, and interest on, general
 3752  obligation bonds of the district, and to provide for any sinking
 3753  or other funds established in connection with such bonds. An ad
 3754  valorem tax levied by the board for operating purposes,
 3755  exclusive of debt service on bonds, may not exceed 3.75 mills
 3756  unless a higher amount has been previously authorized by law,
 3757  subject to a referendum as required by the State Constitution
 3758  and this act. The ballot question on such referendum shall state
 3759  the currently authorized millage rate and the year of its
 3760  approval by referendum. The levy of ad valorem taxes pursuant to
 3761  this section must be approved by referendum called by the board
 3762  when the proposed levy of ad valorem taxes exceeds the amount
 3763  authorized by prior special act, general law of local
 3764  application, or county ordinance approved by referendum. Nothing
 3765  in this act shall require a referendum on the levy of ad valorem
 3766  taxes in an amount previously authorized by special act, general
 3767  law of local application, or county ordinance approved by
 3768  referendum. Such tax shall be assessed, levied, and collected in
 3769  the same manner as county taxes. The levy of ad valorem taxes
 3770  approved by referendum shall be reported within 60 days after
 3771  the vote to the Department of Economic Opportunity Community
 3772  Affairs.
 3773         Section 73. Section 191.015, Florida Statutes, is amended
 3774  to read:
 3775         191.015 Codification.—Each fire control district existing
 3776  on the effective date of this section, by December 1, 2004,
 3777  shall submit to the Legislature a draft codified charter, at its
 3778  expense, so that its special acts may be codified into a single
 3779  act for reenactment by the Legislature, if there is more than
 3780  one special act for the district. The Legislature may adopt a
 3781  schedule for individual district codification. Any codified act
 3782  relating to a district, which act is submitted to the
 3783  Legislature for reenactment, shall provide for the repeal of all
 3784  prior special acts of the Legislature relating to the district.
 3785  The codified act shall be filed with the Department of Economic
 3786  Opportunity Community Affairs pursuant to s. 189.418(2).
 3787         Section 74. Paragraph (a) of subsection (1) of section
 3788  202.37, Florida Statutes, is amended to read:
 3789         202.37 Special rules for administration of local
 3790  communications services tax.—
 3791         (1)(a) Except as otherwise provided in this section, all
 3792  statutory provisions and administrative rules applicable to the
 3793  communications services tax imposed by s. 202.12 apply to any
 3794  local communications services tax imposed under s. 202.19, and
 3795  the department shall administer, collect, and enforce all taxes
 3796  imposed under s. 202.19, including interest and penalties
 3797  attributable thereto, in accordance with the same procedures
 3798  used in the administration, collection, and enforcement of the
 3799  communications services tax imposed by s. 202.12. Audits
 3800  performed by the department shall include a determination of the
 3801  dealer’s compliance with the jurisdictional situsing of its
 3802  customers’ service addresses and a determination of whether the
 3803  rate collected for the local tax pursuant to ss. 202.19 and
 3804  202.20 is correct. The person or entity designated by a local
 3805  government pursuant to s. 213.053(8) s. 213.053(8)(v) may
 3806  provide evidence to the department demonstrating a specific
 3807  person’s failure to fully or correctly report taxable
 3808  communications services sales within the jurisdiction. The
 3809  department may request additional information from the designee
 3810  to assist in any review. The department shall inform the
 3811  designee of what action, if any, the department intends to take
 3812  regarding the person.
 3813         Section 75. Paragraphs (g), (h), (j), and (p) of subsection
 3814  (5) and paragraph (b) of subsection (15) of section 212.08,
 3815  Florida Statutes, are amended to read:
 3816         212.08 Sales, rental, use, consumption, distribution, and
 3817  storage tax; specified exemptions.—The sale at retail, the
 3818  rental, the use, the consumption, the distribution, and the
 3819  storage to be used or consumed in this state of the following
 3820  are hereby specifically exempt from the tax imposed by this
 3821  chapter.
 3822         (5) EXEMPTIONS; ACCOUNT OF USE.—
 3823         (g) Building materials used in the rehabilitation of real
 3824  property located in an enterprise zone.—
 3825         1. Building materials used in the rehabilitation of real
 3826  property located in an enterprise zone are exempt from the tax
 3827  imposed by this chapter upon an affirmative showing to the
 3828  satisfaction of the department that the items have been used for
 3829  the rehabilitation of real property located in an enterprise
 3830  zone. Except as provided in subparagraph 2., this exemption
 3831  inures to the owner, lessee, or lessor at the time the real
 3832  property is rehabilitated, but only through a refund of
 3833  previously paid taxes. To receive a refund pursuant to this
 3834  paragraph, the owner, lessee, or lessor of the rehabilitated
 3835  real property must file an application under oath with the
 3836  governing body or enterprise zone development agency having
 3837  jurisdiction over the enterprise zone where the business is
 3838  located, as applicable. A single application for a refund may be
 3839  submitted for multiple, contiguous parcels that were part of a
 3840  single parcel that was divided as part of the rehabilitation of
 3841  the property. All other requirements of this paragraph apply to
 3842  each parcel on an individual basis. The application must
 3843  include:
 3844         a. The name and address of the person claiming the refund.
 3845         b. An address and assessment roll parcel number of the
 3846  rehabilitated real property for which a refund of previously
 3847  paid taxes is being sought.
 3848         c. A description of the improvements made to accomplish the
 3849  rehabilitation of the real property.
 3850         d. A copy of a valid building permit issued by the county
 3851  or municipal building department for the rehabilitation of the
 3852  real property.
 3853         e. A sworn statement, under penalty of perjury, from the
 3854  general contractor licensed in this state with whom the
 3855  applicant contracted to make the improvements necessary to
 3856  rehabilitate the real property, which lists the building
 3857  materials used to rehabilitate the real property, the actual
 3858  cost of the building materials, and the amount of sales tax paid
 3859  in this state on the building materials. If a general contractor
 3860  was not used, the applicant, not a general contractor, shall
 3861  make the sworn statement required by this sub-subparagraph.
 3862  Copies of the invoices that evidence the purchase of the
 3863  building materials used in the rehabilitation and the payment of
 3864  sales tax on the building materials must be attached to the
 3865  sworn statement provided by the general contractor or by the
 3866  applicant. Unless the actual cost of building materials used in
 3867  the rehabilitation of real property and the payment of sales
 3868  taxes is documented by a general contractor or by the applicant
 3869  in this manner, the cost of the building materials is deemed to
 3870  be an amount equal to 40 percent of the increase in assessed
 3871  value for ad valorem tax purposes.
 3872         f. The identifying number assigned pursuant to s. 290.0065
 3873  to the enterprise zone in which the rehabilitated real property
 3874  is located.
 3875         g. A certification by the local building code inspector
 3876  that the improvements necessary to rehabilitate the real
 3877  property are substantially completed.
 3878         h. A statement of whether the business is a small business
 3879  as defined by s. 288.703(1).
 3880         i. If applicable, the name and address of each permanent
 3881  employee of the business, including, for each employee who is a
 3882  resident of an enterprise zone, the identifying number assigned
 3883  pursuant to s. 290.0065 to the enterprise zone in which the
 3884  employee resides.
 3885         2. This exemption inures to a municipality, county, other
 3886  governmental unit or agency, or nonprofit community-based
 3887  organization through a refund of previously paid taxes if the
 3888  building materials used in the rehabilitation are paid for from
 3889  the funds of a community development block grant, State Housing
 3890  Initiatives Partnership Program, or similar grant or loan
 3891  program. To receive a refund, a municipality, county, other
 3892  governmental unit or agency, or nonprofit community-based
 3893  organization must file an application that includes the same
 3894  information required in subparagraph 1. In addition, the
 3895  application must include a sworn statement signed by the chief
 3896  executive officer of the municipality, county, other
 3897  governmental unit or agency, or nonprofit community-based
 3898  organization seeking a refund which states that the building
 3899  materials for which a refund is sought were funded by a
 3900  community development block grant, State Housing Initiatives
 3901  Partnership Program, or similar grant or loan program.
 3902         3. Within 10 working days after receipt of an application,
 3903  the governing body or enterprise zone development agency shall
 3904  review the application to determine if it contains all the
 3905  information required by subparagraph 1. or subparagraph 2. and
 3906  meets the criteria set out in this paragraph. The governing body
 3907  or agency shall certify all applications that contain the
 3908  required information and are eligible to receive a refund. If
 3909  applicable, the governing body or agency shall also certify if
 3910  20 percent of the employees of the business are residents of an
 3911  enterprise zone, excluding temporary and part-time employees.
 3912  The certification must be in writing, and a copy of the
 3913  certification shall be transmitted to the executive director of
 3914  the department. The applicant is responsible for forwarding a
 3915  certified application to the department within the time
 3916  specified in subparagraph 4.
 3917         4. An application for a refund must be submitted to the
 3918  department within 6 months after the rehabilitation of the
 3919  property is deemed to be substantially completed by the local
 3920  building code inspector or by November 1 after the rehabilitated
 3921  property is first subject to assessment.
 3922         5. Only one exemption through a refund of previously paid
 3923  taxes for the rehabilitation of real property is permitted for
 3924  any single parcel of property unless there is a change in
 3925  ownership, a new lessor, or a new lessee of the real property. A
 3926  refund may not be granted unless the amount to be refunded
 3927  exceeds $500. A refund may not exceed the lesser of 97 percent
 3928  of the Florida sales or use tax paid on the cost of the building
 3929  materials used in the rehabilitation of the real property as
 3930  determined pursuant to sub-subparagraph 1.e. or $5,000, or, if
 3931  at least 20 percent of the employees of the business are
 3932  residents of an enterprise zone, excluding temporary and part
 3933  time employees, the amount of refund may not exceed the lesser
 3934  of 97 percent of the sales tax paid on the cost of the building
 3935  materials or $10,000. A refund shall be made within 30 days
 3936  after formal approval by the department of the application for
 3937  the refund.
 3938         6. The department shall adopt rules governing the manner
 3939  and form of refund applications and may establish guidelines as
 3940  to the requisites for an affirmative showing of qualification
 3941  for exemption under this paragraph.
 3942         7. The department shall deduct an amount equal to 10
 3943  percent of each refund granted under this paragraph from the
 3944  amount transferred into the Local Government Half-cent Sales Tax
 3945  Clearing Trust Fund pursuant to s. 212.20 for the county area in
 3946  which the rehabilitated real property is located and shall
 3947  transfer that amount to the General Revenue Fund.
 3948         8. For the purposes of the exemption provided in this
 3949  paragraph, the term:
 3950         a. “Building materials” means tangible personal property
 3951  that becomes a component part of improvements to real property.
 3952         b. “Real property” has the same meaning as provided in s.
 3953  192.001(12), except that the term does not include a condominium
 3954  parcel or condominium property as defined in s. 718.103.
 3955         c. “Rehabilitation of real property” means the
 3956  reconstruction, renovation, restoration, rehabilitation,
 3957  construction, or expansion of improvements to real property.
 3958         d. “Substantially completed” has the same meaning as
 3959  provided in s. 192.042(1).
 3960         9. This paragraph expires on the date specified in s.
 3961  290.016 for the expiration of the Florida Enterprise Zone Act.
 3962         (h) Business property used in an enterprise zone.—
 3963         1. Business property purchased for use by businesses
 3964  located in an enterprise zone which is subsequently used in an
 3965  enterprise zone shall be exempt from the tax imposed by this
 3966  chapter. This exemption inures to the business only through a
 3967  refund of previously paid taxes. A refund shall be authorized
 3968  upon an affirmative showing by the taxpayer to the satisfaction
 3969  of the department that the requirements of this paragraph have
 3970  been met.
 3971         2. To receive a refund, the business must file under oath
 3972  with the governing body or enterprise zone development agency
 3973  having jurisdiction over the enterprise zone where the business
 3974  is located, as applicable, an application which includes:
 3975         a. The name and address of the business claiming the
 3976  refund.
 3977         b. The identifying number assigned pursuant to s. 290.0065
 3978  to the enterprise zone in which the business is located.
 3979         c. A specific description of the property for which a
 3980  refund is sought, including its serial number or other permanent
 3981  identification number.
 3982         d. The location of the property.
 3983         e. The sales invoice or other proof of purchase of the
 3984  property, showing the amount of sales tax paid, the date of
 3985  purchase, and the name and address of the sales tax dealer from
 3986  whom the property was purchased.
 3987         f. Whether the business is a small business as defined by
 3988  s. 288.703(1).
 3989         g. If applicable, the name and address of each permanent
 3990  employee of the business, including, for each employee who is a
 3991  resident of an enterprise zone, the identifying number assigned
 3992  pursuant to s. 290.0065 to the enterprise zone in which the
 3993  employee resides.
 3994         3. Within 10 working days after receipt of an application,
 3995  the governing body or enterprise zone development agency shall
 3996  review the application to determine if it contains all the
 3997  information required pursuant to subparagraph 2. and meets the
 3998  criteria set out in this paragraph. The governing body or agency
 3999  shall certify all applications that contain the information
 4000  required pursuant to subparagraph 2. and meet the criteria set
 4001  out in this paragraph as eligible to receive a refund. If
 4002  applicable, the governing body or agency shall also certify if
 4003  20 percent of the employees of the business are residents of an
 4004  enterprise zone, excluding temporary and part-time employees.
 4005  The certification shall be in writing, and a copy of the
 4006  certification shall be transmitted to the executive director of
 4007  the Department of Revenue. The business shall be responsible for
 4008  forwarding a certified application to the department within the
 4009  time specified in subparagraph 4.
 4010         4. An application for a refund pursuant to this paragraph
 4011  must be submitted to the department within 6 months after the
 4012  tax is due on the business property that is purchased.
 4013         5. The amount refunded on purchases of business property
 4014  under this paragraph shall be the lesser of 97 percent of the
 4015  sales tax paid on such business property or $5,000, or, if no
 4016  less than 20 percent of the employees of the business are
 4017  residents of an enterprise zone, excluding temporary and part
 4018  time employees, the amount refunded on purchases of business
 4019  property under this paragraph shall be the lesser of 97 percent
 4020  of the sales tax paid on such business property or $10,000. A
 4021  refund approved pursuant to this paragraph shall be made within
 4022  30 days after of formal approval by the department of the
 4023  application for the refund. A No refund may not shall be granted
 4024  under this paragraph unless the amount to be refunded exceeds
 4025  $100 in sales tax paid on purchases made within a 60-day time
 4026  period.
 4027         6. The department shall adopt rules governing the manner
 4028  and form of refund applications and may establish guidelines as
 4029  to the requisites for an affirmative showing of qualification
 4030  for exemption under this paragraph.
 4031         7. If the department determines that the business property
 4032  is used outside an enterprise zone within 3 years from the date
 4033  of purchase, the amount of taxes refunded to the business
 4034  purchasing such business property shall immediately be due and
 4035  payable to the department by the business, together with the
 4036  appropriate interest and penalty, computed from the date of
 4037  purchase, in the manner provided by this chapter.
 4038  Notwithstanding this subparagraph, business property used
 4039  exclusively in:
 4040         a. Licensed commercial fishing vessels,
 4041         b. Fishing guide boats, or
 4042         c. Ecotourism guide boats
 4043  
 4044  that leave and return to a fixed location within an area
 4045  designated under s. 379.2353, Florida Statutes 2010, are
 4046  eligible for the exemption provided under this paragraph if all
 4047  requirements of this paragraph are met. Such vessels and boats
 4048  must be owned by a business that is eligible to receive the
 4049  exemption provided under this paragraph. This exemption does not
 4050  apply to the purchase of a vessel or boat.
 4051         8. The department shall deduct an amount equal to 10
 4052  percent of each refund granted under the provisions of this
 4053  paragraph from the amount transferred into the Local Government
 4054  Half-cent Sales Tax Clearing Trust Fund pursuant to s. 212.20
 4055  for the county area in which the business property is located
 4056  and shall transfer that amount to the General Revenue Fund.
 4057         9. For the purposes of this exemption, “business property”
 4058  means new or used property defined as “recovery property” in s.
 4059  168(c) of the Internal Revenue Code of 1954, as amended, except:
 4060         a. Property classified as 3-year property under s.
 4061  168(c)(2)(A) of the Internal Revenue Code of 1954, as amended;
 4062         b. Industrial machinery and equipment as defined in sub
 4063  subparagraph (b)6.a. and eligible for exemption under paragraph
 4064  (b);
 4065         c. Building materials as defined in sub-subparagraph
 4066  (g)8.a.; and
 4067         d. Business property having a sales price of under $5,000
 4068  per unit.
 4069         10. This paragraph expires on the date specified in s.
 4070  290.016 for the expiration of the Florida Enterprise Zone Act.
 4071         (j) Machinery and equipment used in semiconductor, defense,
 4072  or space technology production.—
 4073         1.a. Industrial machinery and equipment used in
 4074  semiconductor technology facilities certified under subparagraph
 4075  5. to manufacture, process, compound, or produce semiconductor
 4076  technology products for sale or for use by these facilities are
 4077  exempt from the tax imposed by this chapter. For purposes of
 4078  this paragraph, industrial machinery and equipment includes
 4079  molds, dies, machine tooling, other appurtenances or accessories
 4080  to machinery and equipment, testing equipment, test beds,
 4081  computers, and software, whether purchased or self-fabricated,
 4082  and, if self-fabricated, includes materials and labor for
 4083  design, fabrication, and assembly.
 4084         b. Industrial machinery and equipment used in defense or
 4085  space technology facilities certified under subparagraph 5. to
 4086  design, manufacture, assemble, process, compound, or produce
 4087  defense technology products or space technology products for
 4088  sale or for use by these facilities are exempt from the tax
 4089  imposed by this chapter.
 4090         2. Building materials purchased for use in manufacturing or
 4091  expanding clean rooms in semiconductor-manufacturing facilities
 4092  are exempt from the tax imposed by this chapter.
 4093         3. In addition to meeting the criteria mandated by
 4094  subparagraph 1. or subparagraph 2., a business must be certified
 4095  by the Department of Economic Opportunity Office of Tourism,
 4096  Trade, and Economic Development in order to qualify for
 4097  exemption under this paragraph.
 4098         4. For items purchased tax-exempt pursuant to this
 4099  paragraph, possession of a written certification from the
 4100  purchaser, certifying the purchaser’s entitlement to the
 4101  exemption, relieves the seller of the responsibility of
 4102  collecting the tax on the sale of such items, and the department
 4103  shall look solely to the purchaser for recovery of the tax if it
 4104  determines that the purchaser was not entitled to the exemption.
 4105         5.a. To be eligible to receive the exemption provided by
 4106  subparagraph 1. or subparagraph 2., a qualifying business entity
 4107  shall initially apply to Enterprise Florida, Inc. The original
 4108  certification is valid for a period of 2 years. In lieu of
 4109  submitting a new application, the original certification may be
 4110  renewed biennially by submitting to the Department of Economic
 4111  Opportunity Office of Tourism, Trade, and Economic Development a
 4112  statement, certified under oath, that there has not been a no
 4113  material change in the conditions or circumstances entitling the
 4114  business entity to the original certification. The initial
 4115  application and the certification renewal statement shall be
 4116  developed by the Department of Economic Opportunity Office of
 4117  Tourism, Trade, and Economic Development in consultation with
 4118  Enterprise Florida, Inc.
 4119         b. The Division of Strategic Business Development of the
 4120  Department of Economic Opportunity Enterprise Florida, Inc.,
 4121  shall review each submitted initial application and determine
 4122  whether or not the application is complete within 5 working
 4123  days. Once complete, the division Enterprise Florida, Inc.,
 4124  shall, within 10 working days, evaluate the application and
 4125  recommend approval or disapproval to the Department of Economic
 4126  Opportunity Office of Tourism, Trade, and Economic Development.
 4127         c. Upon receipt of the initial application and
 4128  recommendation from the division Enterprise Florida, Inc., or
 4129  upon receipt of a certification renewal statement, the
 4130  Department of Economic Opportunity Office of Tourism, Trade, and
 4131  Economic Development shall certify within 5 working days those
 4132  applicants who are found to meet the requirements of this
 4133  section and notify the applicant, Enterprise Florida, Inc., and
 4134  the department of the original certification or certification
 4135  renewal. If the Department of Economic Opportunity Office of
 4136  Tourism, Trade, and Economic Development finds that the
 4137  applicant does not meet the requirements, it shall notify the
 4138  applicant and Enterprise Florida, Inc., within 10 working days
 4139  that the application for certification has been denied and the
 4140  reasons for denial. The Department of Economic Opportunity
 4141  Office of Tourism, Trade, and Economic Development has final
 4142  approval authority for certification under this section.
 4143         d. The initial application and certification renewal
 4144  statement must indicate, for program evaluation purposes only,
 4145  the average number of full-time equivalent employees at the
 4146  facility over the preceding calendar year, the average wage and
 4147  benefits paid to those employees over the preceding calendar
 4148  year, the total investment made in real and tangible personal
 4149  property over the preceding calendar year, and the total value
 4150  of tax-exempt purchases and taxes exempted during the previous
 4151  year. The department shall assist the Department of Economic
 4152  Opportunity Office of Tourism, Trade, and Economic Development
 4153  in evaluating and verifying information provided in the
 4154  application for exemption.
 4155         e. The Department of Economic Opportunity Office of
 4156  Tourism, Trade, and Economic Development may use the information
 4157  reported on the initial application and certification renewal
 4158  statement for evaluation purposes only.
 4159         6. A business certified to receive this exemption may elect
 4160  to designate one or more state universities or community
 4161  colleges as recipients of up to 100 percent of the amount of the
 4162  exemption. To receive these funds, the institution must agree to
 4163  match the funds with equivalent cash, programs, services, or
 4164  other in-kind support on a one-to-one basis for research and
 4165  development projects requested by the certified business. The
 4166  rights to any patents, royalties, or real or intellectual
 4167  property must be vested in the business unless otherwise agreed
 4168  to by the business and the university or community college.
 4169         7. As used in this paragraph, the term:
 4170         a. “Semiconductor technology products” means raw
 4171  semiconductor wafers or semiconductor thin films that are
 4172  transformed into semiconductor memory or logic wafers, including
 4173  wafers containing mixed memory and logic circuits; related
 4174  assembly and test operations; active-matrix flat panel displays;
 4175  semiconductor chips; semiconductor lasers; optoelectronic
 4176  elements; and related semiconductor technology products as
 4177  determined by the Department of Economic Opportunity Office of
 4178  Tourism, Trade, and Economic Development.
 4179         b. “Clean rooms” means manufacturing facilities enclosed in
 4180  a manner that meets the clean manufacturing requirements
 4181  necessary for high-technology semiconductor-manufacturing
 4182  environments.
 4183         c. “Defense technology products” means products that have a
 4184  military application, including, but not limited to, weapons,
 4185  weapons systems, guidance systems, surveillance systems,
 4186  communications or information systems, munitions, aircraft,
 4187  vessels, or boats, or components thereof, which are intended for
 4188  military use and manufactured in performance of a contract with
 4189  the United States Department of Defense or the military branch
 4190  of a recognized foreign government or a subcontract thereunder
 4191  which relates to matters of national defense.
 4192         d. “Space technology products” means products that are
 4193  specifically designed or manufactured for application in space
 4194  activities, including, but not limited to, space launch
 4195  vehicles, space flight vehicles, missiles, satellites or
 4196  research payloads, avionics, and associated control systems and
 4197  processing systems and components of any of the foregoing. The
 4198  term does not include products that are designed or manufactured
 4199  for general commercial aviation or other uses even though those
 4200  products may also serve an incidental use in space applications.
 4201         (p) Community contribution tax credit for donations.—
 4202         1. Authorization.—Persons who are registered with the
 4203  department under s. 212.18 to collect or remit sales or use tax
 4204  and who make donations to eligible sponsors are eligible for tax
 4205  credits against their state sales and use tax liabilities as
 4206  provided in this paragraph:
 4207         a. The credit shall be computed as 50 percent of the
 4208  person’s approved annual community contribution.
 4209         b. The credit shall be granted as a refund against state
 4210  sales and use taxes reported on returns and remitted in the 12
 4211  months preceding the date of application to the department for
 4212  the credit as required in sub-subparagraph 3.c. If the annual
 4213  credit is not fully used through such refund because of
 4214  insufficient tax payments during the applicable 12-month period,
 4215  the unused amount may be included in an application for a refund
 4216  made pursuant to sub-subparagraph 3.c. in subsequent years
 4217  against the total tax payments made for such year. Carryover
 4218  credits may be applied for a 3-year period without regard to any
 4219  time limitation that would otherwise apply under s. 215.26.
 4220         c. A person may not receive more than $200,000 in annual
 4221  tax credits for all approved community contributions made in any
 4222  one year.
 4223         d. All proposals for the granting of the tax credit require
 4224  the prior approval of the Department of Economic Opportunity
 4225  Office of Tourism, Trade, and Economic Development.
 4226         e. The total amount of tax credits which may be granted for
 4227  all programs approved under this paragraph, s. 220.183, and s.
 4228  624.5105 is $10.5 million annually for projects that provide
 4229  homeownership opportunities for low-income or very-low-income
 4230  households as defined in s. 420.9071(19) and (28) and $3.5
 4231  million annually for all other projects.
 4232         f. A person who is eligible to receive the credit provided
 4233  for in this paragraph, s. 220.183, or s. 624.5105 may receive
 4234  the credit only under the one section of the person’s choice.
 4235         2. Eligibility requirements.—
 4236         a. A community contribution by a person must be in the
 4237  following form:
 4238         (I) Cash or other liquid assets;
 4239         (II) Real property;
 4240         (III) Goods or inventory; or
 4241         (IV) Other physical resources as identified by the
 4242  Department of Economic Opportunity Office of Tourism, Trade, and
 4243  Economic Development.
 4244         b. All community contributions must be reserved exclusively
 4245  for use in a project. As used in this sub-subparagraph, the term
 4246  “project” means any activity undertaken by an eligible sponsor
 4247  which is designed to construct, improve, or substantially
 4248  rehabilitate housing that is affordable to low-income or very
 4249  low-income households as defined in s. 420.9071(19) and (28);
 4250  designed to provide commercial, industrial, or public resources
 4251  and facilities; or designed to improve entrepreneurial and job
 4252  development opportunities for low-income persons. A project may
 4253  be the investment necessary to increase access to high-speed
 4254  broadband capability in rural communities with enterprise zones,
 4255  including projects that result in improvements to communications
 4256  assets that are owned by a business. A project may include the
 4257  provision of museum educational programs and materials that are
 4258  directly related to any project approved between January 1,
 4259  1996, and December 31, 1999, and located in an enterprise zone
 4260  designated pursuant to s. 290.0065. This paragraph does not
 4261  preclude projects that propose to construct or rehabilitate
 4262  housing for low-income or very-low-income households on
 4263  scattered sites. With respect to housing, contributions may be
 4264  used to pay the following eligible low-income and very-low
 4265  income housing-related activities:
 4266         (I) Project development impact and management fees for low
 4267  income or very-low-income housing projects;
 4268         (II) Down payment and closing costs for eligible persons,
 4269  as defined in s. 420.9071(19) and (28);
 4270         (III) Administrative costs, including housing counseling
 4271  and marketing fees, not to exceed 10 percent of the community
 4272  contribution, directly related to low-income or very-low-income
 4273  projects; and
 4274         (IV) Removal of liens recorded against residential property
 4275  by municipal, county, or special district local governments when
 4276  satisfaction of the lien is a necessary precedent to the
 4277  transfer of the property to an eligible person, as defined in s.
 4278  420.9071(19) and (28), for the purpose of promoting home
 4279  ownership. Contributions for lien removal must be received from
 4280  a nonrelated third party.
 4281         c. The project must be undertaken by an “eligible sponsor,”
 4282  which includes:
 4283         (I) A community action program;
 4284         (II) A nonprofit community-based development organization
 4285  whose mission is the provision of housing for low-income or
 4286  very-low-income households or increasing entrepreneurial and
 4287  job-development opportunities for low-income persons;
 4288         (III) A neighborhood housing services corporation;
 4289         (IV) A local housing authority created under chapter 421;
 4290         (V) A community redevelopment agency created under s.
 4291  163.356;
 4292         (VI) The Florida Industrial Development Corporation;
 4293         (VII) A historic preservation district agency or
 4294  organization;
 4295         (VIII) A regional workforce board;
 4296         (IX) A direct-support organization as provided in s.
 4297  1009.983;
 4298         (X) An enterprise zone development agency created under s.
 4299  290.0056;
 4300         (XI) A community-based organization incorporated under
 4301  chapter 617 which is recognized as educational, charitable, or
 4302  scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
 4303  and whose bylaws and articles of incorporation include
 4304  affordable housing, economic development, or community
 4305  development as the primary mission of the corporation;
 4306         (XII) Units of local government;
 4307         (XIII) Units of state government; or
 4308         (XIV) Any other agency that the Department of Economic
 4309  Opportunity Office of Tourism, Trade, and Economic Development
 4310  designates by rule.
 4311  
 4312  In no event may a contributing person have a financial interest
 4313  in the eligible sponsor.
 4314         d. The project must be located in an area designated an
 4315  enterprise zone or a Front Porch Florida Community pursuant to
 4316  s. 20.18(6), unless the project increases access to high-speed
 4317  broadband capability for rural communities with enterprise zones
 4318  but is physically located outside the designated rural zone
 4319  boundaries. Any project designed to construct or rehabilitate
 4320  housing for low-income or very-low-income households as defined
 4321  in s. 420.9071(19) and (28) is exempt from the area requirement
 4322  of this sub-subparagraph.
 4323         e.(I) If, during the first 10 business days of the state
 4324  fiscal year, eligible tax credit applications for projects that
 4325  provide homeownership opportunities for low-income or very-low
 4326  income households as defined in s. 420.9071(19) and (28) are
 4327  received for less than the annual tax credits available for
 4328  those projects, the Department of Economic Opportunity Office of
 4329  Tourism, Trade, and Economic Development shall grant tax credits
 4330  for those applications and shall grant remaining tax credits on
 4331  a first-come, first-served basis for any subsequent eligible
 4332  applications received before the end of the state fiscal year.
 4333  If, during the first 10 business days of the state fiscal year,
 4334  eligible tax credit applications for projects that provide
 4335  homeownership opportunities for low-income or very-low-income
 4336  households as defined in s. 420.9071(19) and (28) are received
 4337  for more than the annual tax credits available for those
 4338  projects, the Department of Economic Opportunity office shall
 4339  grant the tax credits for those applications as follows:
 4340         (A) If tax credit applications submitted for approved
 4341  projects of an eligible sponsor do not exceed $200,000 in total,
 4342  the credits shall be granted in full if the tax credit
 4343  applications are approved.
 4344         (B) If tax credit applications submitted for approved
 4345  projects of an eligible sponsor exceed $200,000 in total, the
 4346  amount of tax credits granted pursuant to sub-sub-sub
 4347  subparagraph (A) shall be subtracted from the amount of
 4348  available tax credits, and the remaining credits shall be
 4349  granted to each approved tax credit application on a pro rata
 4350  basis.
 4351         (II) If, during the first 10 business days of the state
 4352  fiscal year, eligible tax credit applications for projects other
 4353  than those that provide homeownership opportunities for low
 4354  income or very-low-income households as defined in s.
 4355  420.9071(19) and (28) are received for less than the annual tax
 4356  credits available for those projects, the Department of Economic
 4357  Opportunity office shall grant tax credits for those
 4358  applications and shall grant remaining tax credits on a first
 4359  come, first-served basis for any subsequent eligible
 4360  applications received before the end of the state fiscal year.
 4361  If, during the first 10 business days of the state fiscal year,
 4362  eligible tax credit applications for projects other than those
 4363  that provide homeownership opportunities for low-income or very
 4364  low-income households as defined in s. 420.9071(19) and (28) are
 4365  received for more than the annual tax credits available for
 4366  those projects, the Department of Economic Opportunity office
 4367  shall grant the tax credits for those applications on a pro rata
 4368  basis.
 4369         3. Application requirements.—
 4370         a. Any eligible sponsor seeking to participate in this
 4371  program must submit a proposal to the Department of Economic
 4372  Opportunity Office of Tourism, Trade, and Economic Development
 4373  which sets forth the name of the sponsor, a description of the
 4374  project, and the area in which the project is located, together
 4375  with such supporting information as is prescribed by rule. The
 4376  proposal must also contain a resolution from the local
 4377  governmental unit in which the project is located certifying
 4378  that the project is consistent with local plans and regulations.
 4379         b. Any person seeking to participate in this program must
 4380  submit an application for tax credit to the Department of
 4381  Economic Opportunity office which sets forth the name of the
 4382  sponsor, a description of the project, and the type, value, and
 4383  purpose of the contribution. The sponsor shall verify the terms
 4384  of the application and indicate its receipt of the contribution,
 4385  which verification must be in writing and accompany the
 4386  application for tax credit. The person must submit a separate
 4387  tax credit application to the Department of Economic Opportunity
 4388  office for each individual contribution that it makes to each
 4389  individual project.
 4390         c. Any person who has received notification from the
 4391  Department of Economic Opportunity office that a tax credit has
 4392  been approved must apply to the department to receive the
 4393  refund. Application must be made on the form prescribed for
 4394  claiming refunds of sales and use taxes and be accompanied by a
 4395  copy of the notification. A person may submit only one
 4396  application for refund to the department within any 12-month
 4397  period.
 4398         4. Administration.—
 4399         a. The Department of Economic Opportunity Office of
 4400  Tourism, Trade, and Economic Development may adopt rules
 4401  pursuant to ss. 120.536(1) and 120.54 necessary to administer
 4402  this paragraph, including rules for the approval or disapproval
 4403  of proposals by a person.
 4404         b. The decision of the Department of Economic Opportunity
 4405  office must be in writing, and, if approved, the notification
 4406  shall state the maximum credit allowable to the person. Upon
 4407  approval, the Department of Economic Opportunity office shall
 4408  transmit a copy of the decision to the Department of Revenue.
 4409         c. The Department of Economic Opportunity office shall
 4410  periodically monitor all projects in a manner consistent with
 4411  available resources to ensure that resources are used in
 4412  accordance with this paragraph; however, each project must be
 4413  reviewed at least once every 2 years.
 4414         d. The Department of Economic Opportunity office shall, in
 4415  consultation with the Department of Community Affairs and the
 4416  statewide and regional housing and financial intermediaries,
 4417  market the availability of the community contribution tax credit
 4418  program to community-based organizations.
 4419         5. Expiration.—This paragraph expires June 30, 2015;
 4420  however, any accrued credit carryover that is unused on that
 4421  date may be used until the expiration of the 3-year carryover
 4422  period for such credit.
 4423         (15) ELECTRICAL ENERGY USED IN AN ENTERPRISE ZONE.—
 4424         (b) To receive this exemption, a business must file an
 4425  application, with the enterprise zone development agency having
 4426  jurisdiction over the enterprise zone where the business is
 4427  located, on a form provided by the department for the purposes
 4428  of this subsection and s. 166.231(8). The application shall be
 4429  made under oath and shall include:
 4430         1. The name and location of the business.
 4431         2. The identifying number assigned pursuant to s. 290.0065
 4432  to the enterprise zone in which the business is located.
 4433         3. The date on which electrical service is to be first
 4434  initiated to the business.
 4435         4. The name and mailing address of the entity from which
 4436  electrical energy is to be purchased.
 4437         5. The date of the application.
 4438         6. The name of the city in which the business is located.
 4439         7. If applicable, the name and address of each permanent
 4440  employee of the business including, for each employee who is a
 4441  resident of an enterprise zone, the identifying number assigned
 4442  pursuant to s. 290.0065 to the enterprise zone in which the
 4443  employee resides.
 4444         8. Whether the business is a small business as defined by
 4445  s. 288.703(1).
 4446         Section 76. Paragraph (b) of subsection (2) of section
 4447  212.096, Florida Statutes, is amended to read:
 4448         212.096 Sales, rental, storage, use tax; enterprise zone
 4449  jobs credit against sales tax.—
 4450         (2)
 4451         (b) The credit shall be computed as 20 percent of the
 4452  actual monthly wages paid in this state to each new employee
 4453  hired when a new job has been created, unless the business is
 4454  located within a rural enterprise zone pursuant to s.
 4455  290.004(6), in which case the credit shall be 30 percent of the
 4456  actual monthly wages paid. If no less than 20 percent of the
 4457  employees of the business are residents of an enterprise zone,
 4458  excluding temporary and part-time employees, the credit shall be
 4459  computed as 30 percent of the actual monthly wages paid in this
 4460  state to each new employee hired when a new job has been
 4461  created, unless the business is located within a rural
 4462  enterprise zone, in which case the credit shall be 45 percent of
 4463  the actual monthly wages paid. If the new employee hired when a
 4464  new job is created is a participant in the welfare transition
 4465  program, the following credit shall be a percent of the actual
 4466  monthly wages paid: 40 percent for $4 above the hourly federal
 4467  minimum wage rate; 41 percent for $5 above the hourly federal
 4468  minimum wage rate; 42 percent for $6 above the hourly federal
 4469  minimum wage rate; 43 percent for $7 above the hourly federal
 4470  minimum wage rate; and 44 percent for $8 above the hourly
 4471  federal minimum wage rate. For purposes of this paragraph,
 4472  monthly wages shall be computed as one-twelfth of the expected
 4473  annual wages paid to such employee. The amount paid as wages to
 4474  a new employee is the compensation paid to such employee that is
 4475  subject to unemployment tax. The credit shall be allowed for up
 4476  to 24 consecutive months, beginning with the first tax return
 4477  due pursuant to s. 212.11 after approval by the department.
 4478         Section 77. Paragraphs (a) and (e) of subsection (1) and
 4479  subsections (4), (6), (7), (10), (11), and (16) of section
 4480  212.097, Florida Statutes, are amended to read:
 4481         212.097 Urban High-Crime Area Job Tax Credit Program.—
 4482         (1) As used in this section, the term:
 4483         (a) “Eligible business” means any sole proprietorship,
 4484  firm, partnership, or corporation that is located in a qualified
 4485  county and is predominantly engaged in, or is headquarters for a
 4486  business predominantly engaged in, activities usually provided
 4487  for consideration by firms classified within the following
 4488  standard industrial classifications: SIC 01-SIC 09 (agriculture,
 4489  forestry, and fishing); SIC 20-SIC 39 (manufacturing); SIC 52
 4490  SIC 57 and SIC 59 (retail); SIC 422 (public warehousing and
 4491  storage); SIC 70 (hotels and other lodging places); SIC 7391
 4492  (research and development); SIC 781 (motion picture production
 4493  and allied services); SIC 7992 (public golf courses); and SIC
 4494  7996 (amusement parks). A call center or similar customer
 4495  service operation that services a multistate market or
 4496  international market is also an eligible business. In addition,
 4497  the Department of Economic Opportunity Office of Tourism, Trade,
 4498  and Economic Development may, as part of its final budget
 4499  request submitted pursuant to s. 216.023, recommend additions to
 4500  or deletions from the list of standard industrial
 4501  classifications used to determine an eligible business, and the
 4502  Legislature may implement such recommendations. Excluded from
 4503  eligible receipts are receipts from retail sales, except such
 4504  receipts for SIC 52-SIC 57 and SIC 59 (retail) hotels and other
 4505  lodging places classified in SIC 70, public golf courses in SIC
 4506  7992, and amusement parks in SIC 7996. For purposes of this
 4507  paragraph, the term “predominantly” means that more than 50
 4508  percent of the business’s gross receipts from all sources is
 4509  generated by those activities usually provided for consideration
 4510  by firms in the specified standard industrial classification.
 4511  The determination of whether the business is located in a
 4512  qualified high-crime area and the tier ranking of that area must
 4513  be based on the date of application for the credit under this
 4514  section. Commonly owned and controlled entities are to be
 4515  considered a single business entity.
 4516         (e) “Qualified high-crime area” means an area selected by
 4517  the Department of Economic Opportunity Office of Tourism, Trade,
 4518  and Economic Development in the following manner: every third
 4519  year, the Department of Economic Opportunity Office shall rank
 4520  and tier those areas nominated under subsection (7), according
 4521  to the following prioritized criteria:
 4522         1. Highest arrest rates within the geographic area for
 4523  violent crime and for such other crimes as drug sale, drug
 4524  possession, prostitution, vandalism, and civil disturbances;
 4525         2. Highest reported crime volume and rate of specific
 4526  property crimes such as business and residential burglary, motor
 4527  vehicle theft, and vandalism;
 4528         3. Highest percentage of reported index crimes that are
 4529  violent in nature;
 4530         4. Highest overall index crime volume for the area; and
 4531         5. Highest overall index crime rate for the geographic
 4532  area.
 4533  
 4534  Tier-one areas are ranked 1 through 5 and represent the highest
 4535  crime areas according to this ranking. Tier-two areas are ranked
 4536  6 through 10 according to this ranking. Tier-three areas are
 4537  ranked 11 through 15. Notwithstanding this definition,
 4538  “qualified high-crime area” also means an area that has been
 4539  designated as a federal Empowerment Zone pursuant to the
 4540  Taxpayer Relief Act of 1997. Such a designated area is ranked in
 4541  tier three until the areas are reevaluated by the Department of
 4542  Economic Opportunity Office of Tourism, Trade, and Economic
 4543  Development.
 4544         (4) For any new eligible business receiving a credit
 4545  pursuant to subsection (2), an additional $500 credit shall be
 4546  provided for any qualified employee who is a welfare transition
 4547  program participant. For any existing eligible business
 4548  receiving a credit pursuant to subsection (3), an additional
 4549  $500 credit shall be provided for any qualified employee who is
 4550  a welfare transition program participant. Such employee must be
 4551  employed on the application date and have been employed less
 4552  than 1 year. This credit shall be in addition to other credits
 4553  pursuant to this section regardless of the tier-level of the
 4554  high-crime area. Appropriate documentation concerning the
 4555  eligibility of an employee for this credit must be submitted as
 4556  determined by the Department of Revenue.
 4557         (6) Any county or municipality, or a county and one or more
 4558  municipalities together, may apply to the Department of Economic
 4559  Opportunity Office of Tourism, Trade, and Economic Development
 4560  for the designation of an area as a high-crime area after the
 4561  adoption by the governing body or bodies of a resolution that:
 4562         (a) Finds that a high-crime area exists in such county or
 4563  municipality, or in both the county and one or more
 4564  municipalities, which chronically exhibits extreme and
 4565  unacceptable levels of poverty, unemployment, physical
 4566  deterioration, and economic disinvestment;
 4567         (b) Determines that the rehabilitation, conservation, or
 4568  redevelopment, or a combination thereof, of such a high-crime
 4569  area is necessary in the interest of the health, safety, and
 4570  welfare of the residents of such county or municipality, or such
 4571  county and one or more municipalities; and
 4572         (c) Determines that the revitalization of such a high-crime
 4573  area can occur if the public sector or private sector can be
 4574  induced to invest its own resources in productive enterprises
 4575  that build or rebuild the economic viability of the area.
 4576         (7) The governing body of the entity nominating the area
 4577  shall provide to the Department of Economic Opportunity Office
 4578  of Tourism, Trade, and Economic Development the following:
 4579         (a) The overall index crime rate for the geographic area;
 4580         (b) The overall index crime volume for the area;
 4581         (c) The percentage of reported index crimes that are
 4582  violent in nature;
 4583         (d) The reported crime volume and rate of specific property
 4584  crimes such as business and residential burglary, motor vehicle
 4585  theft, and vandalism; and
 4586         (e) The arrest rates within the geographic area for violent
 4587  crime and for such other crimes as drug sale, drug possession,
 4588  prostitution, disorderly conduct, vandalism, and other public
 4589  order offenses.
 4590         (10)(a) In order to claim this credit, an eligible business
 4591  must file under oath with the Department of Economic Opportunity
 4592  Office of Tourism, Trade, and Economic Development a statement
 4593  that includes the name and address of the eligible business and
 4594  any other information that is required to process the
 4595  application.
 4596         (b) Applications shall be reviewed and certified pursuant
 4597  to s. 288.061.
 4598         (c) The maximum credit amount that may be approved during
 4599  any calendar year is $5 million, of which $1 million shall be
 4600  exclusively reserved for tier-one areas. The Department of
 4601  Revenue, in conjunction with the Department of Economic
 4602  Opportunity Office of Tourism, Trade, and Economic Development,
 4603  shall notify the governing bodies in areas designated as urban
 4604  high-crime areas when the $5 million maximum amount has been
 4605  reached. Applications must be considered for approval in the
 4606  order in which they are received without regard to whether the
 4607  credit is for a new or existing business. This limitation
 4608  applies to the value of the credit as contained in approved
 4609  applications. Approved credits may be taken in the time and
 4610  manner allowed pursuant to this section.
 4611         (11) If the application is insufficient to support the
 4612  credit authorized in this section, the Department of Economic
 4613  Opportunity Office of Tourism, Trade, and Economic Development
 4614  shall deny the credit and notify the business of that fact. The
 4615  business may reapply for this credit within 3 months after such
 4616  notification.
 4617         (16) The Department of Revenue shall adopt rules governing
 4618  the manner and form of applications for credit and may establish
 4619  guidelines concerning the requisites for an affirmative showing
 4620  of qualification for the credit under this section.
 4621         Section 78. Paragraphs (a) and (c) of subsection (1) and
 4622  subsections (6) and (7), of section 212.098, Florida Statutes,
 4623  are amended to read:
 4624         212.098 Rural Job Tax Credit Program.—
 4625         (1) As used in this section, the term:
 4626         (a) “Eligible business” means any sole proprietorship,
 4627  firm, partnership, or corporation that is located in a qualified
 4628  county and is predominantly engaged in, or is headquarters for a
 4629  business predominantly engaged in, activities usually provided
 4630  for consideration by firms classified within the following
 4631  standard industrial classifications: SIC 01-SIC 09 (agriculture,
 4632  forestry, and fishing); SIC 20-SIC 39 (manufacturing); SIC 422
 4633  (public warehousing and storage); SIC 70 (hotels and other
 4634  lodging places); SIC 7391 (research and development); SIC 781
 4635  (motion picture production and allied services); SIC 7992
 4636  (public golf courses); SIC 7996 (amusement parks); and a
 4637  targeted industry eligible for the qualified target industry
 4638  business tax refund under s. 288.106. A call center or similar
 4639  customer service operation that services a multistate market or
 4640  an international market is also an eligible business. In
 4641  addition, the Department of Economic Opportunity Office of
 4642  Tourism, Trade, and Economic Development may, as part of its
 4643  final budget request submitted pursuant to s. 216.023, recommend
 4644  additions to or deletions from the list of standard industrial
 4645  classifications used to determine an eligible business, and the
 4646  Legislature may implement such recommendations. Excluded from
 4647  eligible receipts are receipts from retail sales, except such
 4648  receipts for hotels and other lodging places classified in SIC
 4649  70, public golf courses in SIC 7992, and amusement parks in SIC
 4650  7996. For purposes of this paragraph, the term “predominantly”
 4651  means that more than 50 percent of the business’s gross receipts
 4652  from all sources is generated by those activities usually
 4653  provided for consideration by firms in the specified standard
 4654  industrial classification. The determination of whether the
 4655  business is located in a qualified county and the tier ranking
 4656  of that county must be based on the date of application for the
 4657  credit under this section. Commonly owned and controlled
 4658  entities are to be considered a single business entity.
 4659         (c) “Qualified area” means any area that is contained
 4660  within a rural area of critical economic concern designated
 4661  under s. 288.0656, a county that has a population of fewer than
 4662  75,000 persons, or a county that has a population of 125,000 or
 4663  less and is contiguous to a county that has a population of less
 4664  than 75,000, selected in the following manner: every third year,
 4665  the Department of Economic Opportunity Office of Tourism, Trade,
 4666  and Economic Development shall rank and tier the state’s
 4667  counties according to the following four factors:
 4668         1. Highest unemployment rate for the most recent 36-month
 4669  period.
 4670         2. Lowest per capita income for the most recent 36-month
 4671  period.
 4672         3. Highest percentage of residents whose incomes are below
 4673  the poverty level, based upon the most recent data available.
 4674         4. Average weekly manufacturing wage, based upon the most
 4675  recent data available.
 4676         (6)(a) In order to claim this credit, an eligible business
 4677  must file under oath with the Department of Economic Opportunity
 4678  Office of Tourism, Trade, and Economic Development a statement
 4679  that includes the name and address of the eligible business, the
 4680  starting salary or hourly wages paid to the new employee, and
 4681  any other information that the Department of Revenue requires.
 4682         (b) Pursuant to the incentive review process under s.
 4683  288.061, the Department of Economic Opportunity Within 30
 4684  working days after receipt of an application for credit, the
 4685  Office of Tourism, Trade, and Economic Development shall review
 4686  the application to determine whether it contains all the
 4687  information required by this subsection and meets the criteria
 4688  set out in this section. Subject to the provisions of paragraph
 4689  (c), the Department of Economic Opportunity Office of Tourism,
 4690  Trade, and Economic Development shall approve all applications
 4691  that contain the information required by this subsection and
 4692  meet the criteria set out in this section as eligible to receive
 4693  a credit.
 4694         (c) The maximum credit amount that may be approved during
 4695  any calendar year is $5 million. The Department of Revenue, in
 4696  conjunction with the Department of Economic Opportunity Office
 4697  of Tourism, Trade, and Economic Development, shall notify the
 4698  governing bodies in areas designated as qualified counties when
 4699  the $5 million maximum amount has been reached. Applications
 4700  must be considered for approval in the order in which they are
 4701  received without regard to whether the credit is for a new or
 4702  existing business. This limitation applies to the value of the
 4703  credit as contained in approved applications. Approved credits
 4704  may be taken in the time and manner allowed pursuant to this
 4705  section.
 4706         (d) A business may not receive more than $500,000 of tax
 4707  credits under this section during any one calendar year.
 4708         (7) If the application is insufficient to support the
 4709  credit authorized in this section, the Department of Economic
 4710  Opportunity Office of Tourism, Trade, and Economic Development
 4711  shall deny the credit and notify the business of that fact. The
 4712  business may reapply for this credit within 3 months after such
 4713  notification.
 4714         Section 79. Paragraph (d) of subsection (6) of section
 4715  212.20, Florida Statutes, is amended to read:
 4716         212.20 Funds collected, disposition; additional powers of
 4717  department; operational expense; refund of taxes adjudicated
 4718  unconstitutionally collected.—
 4719         (6) Distribution of all proceeds under this chapter and s.
 4720  202.18(1)(b) and (2)(b) shall be as follows:
 4721         (d) The proceeds of all other taxes and fees imposed
 4722  pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
 4723  and (2)(b) shall be distributed as follows:
 4724         1. In any fiscal year, the greater of $500 million, minus
 4725  an amount equal to 4.6 percent of the proceeds of the taxes
 4726  collected pursuant to chapter 201, or 5.2 percent of all other
 4727  taxes and fees imposed pursuant to this chapter or remitted
 4728  pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
 4729  monthly installments into the General Revenue Fund.
 4730         2. After the distribution under subparagraph 1., 8.814
 4731  percent of the amount remitted by a sales tax dealer located
 4732  within a participating county pursuant to s. 218.61 shall be
 4733  transferred into the Local Government Half-cent Sales Tax
 4734  Clearing Trust Fund. Beginning July 1, 2003, the amount to be
 4735  transferred shall be reduced by 0.1 percent, and the department
 4736  shall distribute this amount to the Public Employees Relations
 4737  Commission Trust Fund less $5,000 each month, which shall be
 4738  added to the amount calculated in subparagraph 3. and
 4739  distributed accordingly.
 4740         3. After the distribution under subparagraphs 1. and 2.,
 4741  0.095 percent shall be transferred to the Local Government Half
 4742  cent Sales Tax Clearing Trust Fund and distributed pursuant to
 4743  s. 218.65.
 4744         4. After the distributions under subparagraphs 1., 2., and
 4745  3., 2.0440 percent of the available proceeds shall be
 4746  transferred monthly to the Revenue Sharing Trust Fund for
 4747  Counties pursuant to s. 218.215.
 4748         5. After the distributions under subparagraphs 1., 2., and
 4749  3., 1.3409 percent of the available proceeds shall be
 4750  transferred monthly to the Revenue Sharing Trust Fund for
 4751  Municipalities pursuant to s. 218.215. If the total revenue to
 4752  be distributed pursuant to this subparagraph is at least as
 4753  great as the amount due from the Revenue Sharing Trust Fund for
 4754  Municipalities and the former Municipal Financial Assistance
 4755  Trust Fund in state fiscal year 1999-2000, no municipality shall
 4756  receive less than the amount due from the Revenue Sharing Trust
 4757  Fund for Municipalities and the former Municipal Financial
 4758  Assistance Trust Fund in state fiscal year 1999-2000. If the
 4759  total proceeds to be distributed are less than the amount
 4760  received in combination from the Revenue Sharing Trust Fund for
 4761  Municipalities and the former Municipal Financial Assistance
 4762  Trust Fund in state fiscal year 1999-2000, each municipality
 4763  shall receive an amount proportionate to the amount it was due
 4764  in state fiscal year 1999-2000.
 4765         6. Of the remaining proceeds:
 4766         a. In each fiscal year, the sum of $29,915,500 shall be
 4767  divided into as many equal parts as there are counties in the
 4768  state, and one part shall be distributed to each county. The
 4769  distribution among the several counties must begin each fiscal
 4770  year on or before January 5th and continue monthly for a total
 4771  of 4 months. If a local or special law required that any moneys
 4772  accruing to a county in fiscal year 1999-2000 under the then
 4773  existing provisions of s. 550.135 be paid directly to the
 4774  district school board, special district, or a municipal
 4775  government, such payment must continue until the local or
 4776  special law is amended or repealed. The state covenants with
 4777  holders of bonds or other instruments of indebtedness issued by
 4778  local governments, special districts, or district school boards
 4779  before July 1, 2000, that it is not the intent of this
 4780  subparagraph to adversely affect the rights of those holders or
 4781  relieve local governments, special districts, or district school
 4782  boards of the duty to meet their obligations as a result of
 4783  previous pledges or assignments or trusts entered into which
 4784  obligated funds received from the distribution to county
 4785  governments under then-existing s. 550.135. This distribution
 4786  specifically is in lieu of funds distributed under s. 550.135
 4787  before July 1, 2000.
 4788         b. The department shall distribute $166,667 monthly
 4789  pursuant to s. 288.1162 to each applicant certified as a
 4790  facility for a new or retained professional sports franchise
 4791  pursuant to s. 288.1162. Up to $41,667 shall be distributed
 4792  monthly by the department to each certified applicant as defined
 4793  in s. 288.11621 for a facility for a spring training franchise.
 4794  However, not more than $416,670 may be distributed monthly in
 4795  the aggregate to all certified applicants for facilities for
 4796  spring training franchises. Distributions begin 60 days after
 4797  such certification and continue for not more than 30 years,
 4798  except as otherwise provided in s. 288.11621. A certified
 4799  applicant identified in this sub-subparagraph may not receive
 4800  more in distributions than expended by the applicant for the
 4801  public purposes provided for in s. 288.1162(5) or s.
 4802  288.11621(3).
 4803         c. Beginning 30 days after notice by the Department of
 4804  Economic Opportunity Office of Tourism, Trade, and Economic
 4805  Development to the Department of Revenue that an applicant has
 4806  been certified as the professional golf hall of fame pursuant to
 4807  s. 288.1168 and is open to the public, $166,667 shall be
 4808  distributed monthly, for up to 300 months, to the applicant.
 4809         d. Beginning 30 days after notice by the Department of
 4810  Economic Opportunity Office of Tourism, Trade, and Economic
 4811  Development to the Department of Revenue that the applicant has
 4812  been certified as the International Game Fish Association World
 4813  Center facility pursuant to s. 288.1169, and the facility is
 4814  open to the public, $83,333 shall be distributed monthly, for up
 4815  to 168 months, to the applicant. This distribution is subject to
 4816  reduction pursuant to s. 288.1169. A lump sum payment of
 4817  $999,996 shall be made, after certification and before July 1,
 4818  2000.
 4819         7. All other proceeds must remain in the General Revenue
 4820  Fund.
 4821         Section 80. Subsection (4), paragraph (a) of subsection
 4822  (7), paragraphs (k) through (cc) of subsection (8), and
 4823  subsections (19), (20), and (21) of section 213.053, Florida
 4824  Statutes, as amended by chapter 2010-280, Laws of Florida, are
 4825  amended, to read:
 4826         213.053 Confidentiality and information sharing.—
 4827         (4) The department, while providing unemployment tax
 4828  collection services under contract with the Department of
 4829  Economic Opportunity Agency for Workforce Innovation through an
 4830  interagency agreement pursuant to s. 443.1316, may release
 4831  unemployment tax rate information to the agent of an employer,
 4832  which agent provides payroll services for more than 100 500
 4833  employers, pursuant to the terms of a memorandum of
 4834  understanding. The memorandum of understanding must state that
 4835  the agent affirms, subject to the criminal penalties contained
 4836  in ss. 443.171 and 443.1715, that the agent will retain the
 4837  confidentiality of the information, that the agent has in effect
 4838  a power of attorney from the employer which permits the agent to
 4839  obtain unemployment tax rate information, and that the agent
 4840  shall provide the department with a copy of the employer’s power
 4841  of attorney upon request.
 4842         (7)(a) Any information received by the Department of
 4843  Revenue in connection with the administration of taxes,
 4844  including, but not limited to, information contained in returns,
 4845  reports, accounts, or declarations filed by persons subject to
 4846  tax, shall be made available to the following in performance of
 4847  their official duties:
 4848         1. The Auditor General or his or her authorized agent;
 4849         2. The director of the Office of Program Policy Analysis
 4850  and Government Accountability or his or her authorized agent;
 4851         3. The Chief Financial Officer or his or her authorized
 4852  agent;
 4853         4. The Director of the Office of Insurance Regulation of
 4854  the Financial Services Commission or his or her authorized
 4855  agent;
 4856         5. A property appraiser or tax collector or their
 4857  authorized agents pursuant to s. 195.084(1); or
 4858         6. Designated employees of the Department of Education
 4859  solely for determination of each school district’s price level
 4860  index pursuant to s. 1011.62(2); and.
 4861         7. The executive director of the Department of Economic
 4862  Opportunity or his or her authorized agent.
 4863         (8) Notwithstanding any other provision of this section,
 4864  the department may provide:
 4865         (k)1. Payment information relative to chapters 199, 201,
 4866  202, 212, 220, 221, and 624 to the Office of Tourism, Trade, and
 4867  Economic Development, or its employees or agents that are
 4868  identified in writing by the office to the department, in the
 4869  administration of the tax refund program for qualified defense
 4870  contractors and space flight business contractors authorized by
 4871  s. 288.1045 and the tax refund program for qualified target
 4872  industry businesses authorized by s. 288.106.
 4873         2. Information relative to tax credits taken by a business
 4874  under s. 220.191 and exemptions or tax refunds received by a
 4875  business under s. 212.08(5)(j) to the Office of Tourism, Trade,
 4876  and Economic Development, or its employees or agents that are
 4877  identified in writing by the office to the department, in the
 4878  administration and evaluation of the capital investment tax
 4879  credit program authorized in s. 220.191 and the semiconductor,
 4880  defense, and space tax exemption program authorized in s.
 4881  212.08(5)(j).
 4882         3. Information relative to tax credits taken by a taxpayer
 4883  pursuant to the tax credit programs created in ss. 193.017;
 4884  212.08(5)(g),(h),(n),(o) and (p); 212.08(15); 212.096; 212.097;
 4885  212.098; 220.181; 220.182; 220.183; 220.184; 220.1845; 220.185;
 4886  220.1895; 220.19; 220.191; 220.192; 220.193; 288.0656; 288.99;
 4887  290.007; 376.30781; 420.5093; 420.5099; 550.0951; 550.26352;
 4888  550.2704; 601.155; 624.509; 624.510; 624.5105; and 624.5107 to
 4889  the Office of Tourism, Trade, and Economic Development, or its
 4890  employees or agents that are identified in writing by the office
 4891  to the department, for use in the administration or evaluation
 4892  of such programs.
 4893         (k)(l) Information relative to chapter 212 and the Bill of
 4894  Lading Program to the Office of Agriculture Law Enforcement of
 4895  the Department of Agriculture and Consumer Services in the
 4896  conduct of its official duties.
 4897         (l)(m) Information relative to chapter 198 to the Agency
 4898  for Health Care Administration in the conduct of its official
 4899  business relating to ss. 409.901-409.9101.
 4900         (m)(n) Information contained in returns, reports, accounts,
 4901  or declarations to the Board of Accountancy in connection with a
 4902  disciplinary proceeding conducted pursuant to chapter 473 when
 4903  related to a certified public accountant participating in the
 4904  certified audits project, or to the court in connection with a
 4905  civil proceeding brought by the department relating to a claim
 4906  for recovery of taxes due to negligence on the part of a
 4907  certified public accountant participating in the certified
 4908  audits project. In any judicial proceeding brought by the
 4909  department, upon motion for protective order, the court shall
 4910  limit disclosure of tax information when necessary to effectuate
 4911  the purposes of this section.
 4912         (n)(o) Information relative to ss. 376.70 and 376.75 to the
 4913  Department of Environmental Protection in the conduct of its
 4914  official business and to the facility owner, facility operator,
 4915  and real property owners as defined in s. 376.301.
 4916         (o)(p) Information relative to ss. 220.1845 and 376.30781
 4917  to the Department of Environmental Protection in the conduct of
 4918  its official business.
 4919         (p)(q) Names, addresses, and sales tax registration
 4920  information to the Division of Consumer Services of the
 4921  Department of Agriculture and Consumer Services in the conduct
 4922  of its official duties.
 4923         (q)(r) Information relative to the returns required by ss.
 4924  175.111 and 185.09 to the Department of Management Services in
 4925  the conduct of its official duties. The Department of Management
 4926  Services is, in turn, authorized to disclose payment information
 4927  to a governmental agency or the agency’s agent for purposes
 4928  related to budget preparation, auditing, revenue or financial
 4929  administration, or administration of chapters 175 and 185.
 4930         (r)(s) Names, addresses, and federal employer
 4931  identification numbers, or similar identifiers, to the
 4932  Department of Highway Safety and Motor Vehicles for use in the
 4933  conduct of its official duties.
 4934         (t) Information relative to the tax exemptions under ss.
 4935  212.031, 212.06, and 212.08 for those persons qualified under s.
 4936  288.1258 to the Office of Film and Entertainment. The Department
 4937  of Revenue shall provide the Office of Film and Entertainment
 4938  with information in the aggregate.
 4939         (s)(u) Information relative to ss. 211.0251, 212.1831,
 4940  220.1875, 561.1211, 624.51055, and 1002.395 to the Department of
 4941  Education and the Division of Alcoholic Beverages and Tobacco in
 4942  the conduct of official business.
 4943         (t)(v) Information relative to chapter 202 to each local
 4944  government that imposes a tax pursuant to s. 202.19 in the
 4945  conduct of its official duties as specified in chapter 202.
 4946  Information provided under this paragraph may include, but is
 4947  not limited to, any reports required pursuant to s. 202.231,
 4948  audit files, notices of intent to audit, tax returns, and other
 4949  confidential tax information in the department’s possession
 4950  relating to chapter 202. A person or an entity designated by the
 4951  local government in writing to the department as requiring
 4952  access to confidential taxpayer information shall have
 4953  reasonable access to information provided pursuant to this
 4954  paragraph. Such person or entity may disclose such information
 4955  to other persons or entities with direct responsibility for
 4956  budget preparation, auditing, revenue or financial
 4957  administration, or legal counsel. Such information shall only be
 4958  used for purposes related to budget preparation, auditing, and
 4959  revenue and financial administration. Any confidential and
 4960  exempt information furnished to a local government, or to any
 4961  person or entity designated by the local government as
 4962  authorized by this paragraph may not be further disclosed by the
 4963  recipient except as provided by this paragraph.
 4964         (w) Tax registration information to the Agency for
 4965  Workforce Innovation for use in the conduct of its official
 4966  duties, which information may not be redisclosed by the Agency
 4967  for Workforce Innovation.
 4968         (u)(x) Rental car surcharge revenues authorized by s.
 4969  212.0606, reported according to the county to which the
 4970  surcharge was attributed to the Department of Transportation.
 4971         (v)(y) Information relative to ss. 212.08(7)(ccc) and
 4972  220.192 to the Department of Agriculture and Consumer Services
 4973  Florida Energy and Climate Commission for use in the conduct of
 4974  its official business.
 4975         (w)(z) Taxpayer names and identification numbers for the
 4976  purposes of information-sharing agreements with financial
 4977  institutions pursuant to s. 213.0532.
 4978         (x)(aa) Information relative to chapter 212 to the
 4979  Department of Environmental Protection in the conduct of its
 4980  official duties in the administration of s. 253.03(7)(b) and
 4981  (11).
 4982         (bb) Information relative to tax credits taken under s.
 4983  288.1254 to the Office of Film and Entertainment and the Office
 4984  of Tourism, Trade, and Economic Development.
 4985         (y)(cc) Information relative to ss. 253.03(8) and 253.0325
 4986  to the Department of Environmental Protection in the conduct of
 4987  its official business.
 4988  
 4989  Disclosure of information under this subsection shall be
 4990  pursuant to a written agreement between the executive director
 4991  and the agency. Such agencies, governmental or nongovernmental,
 4992  shall be bound by the same requirements of confidentiality as
 4993  the Department of Revenue. Breach of confidentiality is a
 4994  misdemeanor of the first degree, punishable as provided by s.
 4995  775.082 or s. 775.083.
 4996         (19) The department may disclose information relative to
 4997  tax credits taken by a taxpayer pursuant to s. 288.9916 to the
 4998  Office of Tourism, Trade, and Economic Development or its
 4999  employees or agents. Such employees must be identified in
 5000  writing by the office to the department. All information
 5001  disclosed under this subsection is subject to the same
 5002  requirements of confidentiality and the same penalties for
 5003  violation of the requirements as the department.
 5004         (19)(20)(a) The department may publish a list of taxpayers
 5005  against whom the department has filed a warrant, notice of lien,
 5006  or judgment lien certificate. The list may include the name and
 5007  address of each taxpayer; the amounts and types of delinquent
 5008  taxes, fees, or surcharges, penalties, or interest; and the
 5009  employer identification number or other taxpayer identification
 5010  number.
 5011         (b) The department shall update the list at least monthly
 5012  to reflect payments for resolution of deficiencies and to
 5013  otherwise add or remove taxpayers from the list.
 5014         (c) The department may adopt rules to administer this
 5015  subsection.
 5016         (20)(21) The department may disclose information relating
 5017  to taxpayers against whom the department has filed a warrant,
 5018  notice of lien, or judgment lien certificate. Such information
 5019  includes the name and address of the taxpayer, the actions
 5020  taken, the amounts and types of liabilities, and the amount of
 5021  any collections made.
 5022         Section 81. Subsection (1) of section 215.5588, Florida
 5023  Statutes, is amended to read:
 5024         215.5588 Florida Disaster Recovery Program.—
 5025         (1) The Department of Economic Opportunity Community
 5026  Affairs shall implement the 2006 Disaster Recovery Program from
 5027  funds provided through the Emergency Supplemental Appropriations
 5028  Act for Defense, the Global War on Terror, and Hurricane
 5029  Recovery, 2006, for the purpose of assisting local governments
 5030  in satisfying disaster recovery needs in the areas of low-income
 5031  housing and infrastructure, with a primary focus on the
 5032  hardening of single-family and multifamily housing units, not
 5033  only to ensure that affordable housing can withstand the effects
 5034  of hurricane-force winds, but also to mitigate the increasing
 5035  costs of insurance, which may ultimately render existing
 5036  affordable homes unaffordable or uninsurable. This section does
 5037  not create an entitlement for local governments or property
 5038  owners or obligate the state in any way to fund disaster
 5039  recovery needs.
 5040         Section 82. Paragraph (b) of subsection (8) of section
 5041  216.136, Florida Statutes, is amended to read:
 5042         216.136 Consensus estimating conferences; duties and
 5043  principals.—
 5044         (8) EARLY LEARNING PROGRAMS ESTIMATING CONFERENCE.—
 5045         (b) The Office of Early Learning Agency for Workforce
 5046  Innovation shall provide information on needs and waiting lists
 5047  for school readiness programs, and information on the needs for
 5048  the Voluntary Prekindergarten Education Program, as requested by
 5049  the Early Learning Programs Estimating Conference or individual
 5050  conference principals in a timely manner.
 5051         Section 83. Paragraph (a) of subsection (6) of section
 5052  216.292, Florida Statutes, is amended to read:
 5053         216.292 Appropriations nontransferable; exceptions.—
 5054         (6) The Chief Financial Officer shall transfer from any
 5055  available funds of an agency or the judicial branch the
 5056  following amounts and shall report all such transfers and the
 5057  reasons therefor to the legislative appropriations committees
 5058  and the Executive Office of the Governor:
 5059         (a) The amount due to the Unemployment Compensation Trust
 5060  Fund which is more than 90 days delinquent on reimbursements due
 5061  to the Unemployment Compensation Trust Fund. The amount
 5062  transferred shall be that certified by the state agency
 5063  providing unemployment tax collection services under contract
 5064  with the Department of Economic Opportunity Agency for Workforce
 5065  Innovation through an interagency agreement pursuant to s.
 5066  443.1316.
 5067         Section 84. Subsection (1) of section 216.231, Florida
 5068  Statutes, is amended to read:
 5069         216.231 Release of certain classified appropriations.—
 5070         (1)(a) Any appropriation to the Executive Office of the
 5071  Governor which is classified as an emergency, as defined in s.
 5072  252.34(3), may be released only with the approval of the
 5073  Governor. The state agency, or the judicial branch, desiring the
 5074  use of the emergency appropriation shall submit to the Executive
 5075  Office of the Governor application therefor in writing setting
 5076  forth the facts from which the alleged need arises. The
 5077  Executive Office of the Governor shall, at a public hearing,
 5078  review such application promptly and approve or disapprove the
 5079  applications as the circumstances may warrant. All actions of
 5080  the Executive Office of the Governor shall be reported to the
 5081  legislative appropriations committees, and the committees may
 5082  advise the Executive Office of the Governor relative to the
 5083  release of such funds.
 5084         (b) The release of appropriated funds classified as
 5085  “emergency” shall be approved only if when an act or
 5086  circumstance caused by an act of God, civil disturbance, natural
 5087  disaster, or other circumstance of an emergency nature
 5088  threatens, endangers, or damages the property, safety, health,
 5089  or welfare of the state or its residents citizens, which
 5090  condition has not been provided for in appropriation acts of the
 5091  Legislature. Funds allocated for this purpose may be used to pay
 5092  overtime pay to personnel of agencies called upon to perform
 5093  extra duty because of any civil disturbance or other emergency
 5094  as defined in s. 252.34(3) and to provide the required state
 5095  match for federal grants under the federal Disaster Relief Act.
 5096         Section 85. Subsection (2) of section 218.32, Florida
 5097  Statutes, is amended to read:
 5098         218.32 Annual financial reports; local governmental
 5099  entities.—
 5100         (2) The department shall annually by December 1 file a
 5101  verified report with the Governor, the Legislature, the Auditor
 5102  General, and the Special District Information Program of the
 5103  Department of Economic Opportunity Community Affairs showing the
 5104  revenues, both locally derived and derived from
 5105  intergovernmental transfers, and the expenditures of each local
 5106  governmental entity, regional planning council, local government
 5107  finance commission, and municipal power corporation that is
 5108  required to submit an annual financial report. The report must
 5109  include, but is not limited to:
 5110         (a) The total revenues and expenditures of each local
 5111  governmental entity that is a component unit included in the
 5112  annual financial report of the reporting entity.
 5113         (b) The amount of outstanding long-term debt by each local
 5114  governmental entity. For purposes of this paragraph, the term
 5115  “long-term debt” means any agreement or series of agreements to
 5116  pay money, which, at inception, contemplate terms of payment
 5117  exceeding 1 year in duration.
 5118         Section 86. Paragraph (g) of subsection (1) of section
 5119  218.37, Florida Statutes, is amended to read:
 5120         218.37 Powers and duties of Division of Bond Finance;
 5121  advisory council.—
 5122         (1) The Division of Bond Finance of the State Board of
 5123  Administration, with respect to both general obligation bonds
 5124  and revenue bonds, shall:
 5125         (g) By January 1 each year, provide the Special District
 5126  Information Program of the Department of Economic Opportunity
 5127  Community Affairs with a list of special districts that are not
 5128  in compliance with the requirements in s. 218.38.
 5129         Section 87. Paragraph (a) of subsection (3) of section
 5130  218.64, Florida Statutes, is amended to read:
 5131         218.64 Local government half-cent sales tax; uses;
 5132  limitations.—
 5133         (3) Subject to ordinances enacted by the majority of the
 5134  members of the county governing authority and by the majority of
 5135  the members of the governing authorities of municipalities
 5136  representing at least 50 percent of the municipal population of
 5137  such county, counties may use up to $2 million annually of the
 5138  local government half-cent sales tax allocated to that county
 5139  for funding for any of the following applicants:
 5140         (a) A certified applicant as a facility for a new or
 5141  retained professional sports franchise under s. 288.1162 or a
 5142  certified applicant as defined in s. 288.11621 for a facility
 5143  for a spring training franchise. It is the Legislature’s intent
 5144  that the provisions of s. 288.1162, including, but not limited
 5145  to, the evaluation process by the Department of Economic
 5146  Opportunity Office of Tourism, Trade, and Economic Development
 5147  except for the limitation on the number of certified applicants
 5148  or facilities as provided in that section and the restrictions
 5149  set forth in s. 288.1162(8), shall apply to an applicant’s
 5150  facility to be funded by local government as provided in this
 5151  subsection.
 5152         Section 88. Paragraph (ff) of subsection (1) of section
 5153  220.03, Florida Statutes, is amended to read:
 5154         220.03 Definitions.—
 5155         (1) SPECIFIC TERMS.—When used in this code, and when not
 5156  otherwise distinctly expressed or manifestly incompatible with
 5157  the intent thereof, the following terms shall have the following
 5158  meanings:
 5159         (ff) “Job” means a full-time position, as consistent with
 5160  terms used by the Department of Economic Opportunity Agency for
 5161  Workforce Innovation and the United States Department of Labor
 5162  for purposes of unemployment compensation tax administration and
 5163  employment estimation resulting directly from business
 5164  operations in this state. The term may not include a temporary
 5165  construction job involved with the construction of facilities or
 5166  any job that has previously been included in any application for
 5167  tax credits under s. 212.096. The term also includes employment
 5168  of an employee leased from an employee leasing company licensed
 5169  under chapter 468 if the employee has been continuously leased
 5170  to the employer for an average of at least 36 hours per week for
 5171  more than 6 months.
 5172         Section 89. Paragraph (a) of subsection (1) and paragraph
 5173  (g) of subsection (2) of section 220.181, Florida Statutes, are
 5174  amended to read:
 5175         220.181 Enterprise zone jobs credit.—
 5176         (1)(a) There shall be allowed a credit against the tax
 5177  imposed by this chapter to any business located in an enterprise
 5178  zone which demonstrates to the department that, on the date of
 5179  application, the total number of full-time jobs is greater than
 5180  the total was 12 months before prior to that date. The credit
 5181  shall be computed as 20 percent of the actual monthly wages paid
 5182  in this state to each new employee hired when a new job has been
 5183  created, as defined under s. 220.03(1)(ee), unless the business
 5184  is located in a rural enterprise zone, pursuant to s.
 5185  290.004(6), in which case the credit shall be 30 percent of the
 5186  actual monthly wages paid. If no less than 20 percent of the
 5187  employees of the business are residents of an enterprise zone,
 5188  excluding temporary and part-time employees, the credit shall be
 5189  computed as 30 percent of the actual monthly wages paid in this
 5190  state to each new employee hired when a new job has been
 5191  created, unless the business is located in a rural enterprise
 5192  zone, in which case the credit shall be 45 percent of the actual
 5193  monthly wages paid, for a period of up to 24 consecutive months.
 5194  If the new employee hired when a new job is created is a
 5195  participant in the welfare transition program, the following
 5196  credit shall be a percent of the actual monthly wages paid: 40
 5197  percent for $4 above the hourly federal minimum wage rate; 41
 5198  percent for $5 above the hourly federal minimum wage rate; 42
 5199  percent for $6 above the hourly federal minimum wage rate; 43
 5200  percent for $7 above the hourly federal minimum wage rate; and
 5201  44 percent for $8 above the hourly federal minimum wage rate.
 5202         (2) When filing for an enterprise zone jobs credit, a
 5203  business must file under oath with the governing body or
 5204  enterprise zone development agency having jurisdiction over the
 5205  enterprise zone where the business is located, as applicable, a
 5206  statement which includes:
 5207         (g) Whether the business is a small business as defined by
 5208  s. 288.703(1).
 5209         Section 90. Subsection (13) of section 220.182, Florida
 5210  Statutes, is amended to read:
 5211         220.182 Enterprise zone property tax credit.—
 5212         (13) When filing for an enterprise zone property tax
 5213  credit, a business shall indicate whether the business is a
 5214  small business as defined by s. 288.703(1).
 5215         Section 91. Paragraph (d) of subsection (1), paragraphs
 5216  (b), (c), and (d) of subsection (2), and subsections (3), and
 5217  (4) of section 220.183, Florida Statutes, are amended to read:
 5218         220.183 Community contribution tax credit.—
 5219         (1) AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX
 5220  CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM
 5221  SPENDING.—
 5222         (d) All proposals for the granting of the tax credit shall
 5223  require the prior approval of the Department of Economic
 5224  Opportunity Office of Tourism, Trade, and Economic Development.
 5225         (2) ELIGIBILITY REQUIREMENTS.—
 5226         (b)1. All community contributions must be reserved
 5227  exclusively for use in projects as defined in s. 220.03(1)(t).
 5228         2. If, during the first 10 business days of the state
 5229  fiscal year, eligible tax credit applications for projects that
 5230  provide homeownership opportunities for low-income or very-low
 5231  income households as defined in s. 420.9071(19) and (28) are
 5232  received for less than the annual tax credits available for
 5233  those projects, the Department of Economic Opportunity Office of
 5234  Tourism, Trade, and Economic Development shall grant tax credits
 5235  for those applications and shall grant remaining tax credits on
 5236  a first-come, first-served basis for any subsequent eligible
 5237  applications received before the end of the state fiscal year.
 5238  If, during the first 10 business days of the state fiscal year,
 5239  eligible tax credit applications for projects that provide
 5240  homeownership opportunities for low-income or very-low-income
 5241  households as defined in s. 420.9071(19) and (28) are received
 5242  for more than the annual tax credits available for those
 5243  projects, the office shall grant the tax credits for those
 5244  applications as follows:
 5245         a. If tax credit applications submitted for approved
 5246  projects of an eligible sponsor do not exceed $200,000 in total,
 5247  the credit shall be granted in full if the tax credit
 5248  applications are approved.
 5249         b. If tax credit applications submitted for approved
 5250  projects of an eligible sponsor exceed $200,000 in total, the
 5251  amount of tax credits granted under sub-subparagraph a. shall be
 5252  subtracted from the amount of available tax credits, and the
 5253  remaining credits shall be granted to each approved tax credit
 5254  application on a pro rata basis.
 5255         3. If, during the first 10 business days of the state
 5256  fiscal year, eligible tax credit applications for projects other
 5257  than those that provide homeownership opportunities for low
 5258  income or very-low-income households as defined in s.
 5259  420.9071(19) and (28) are received for less than the annual tax
 5260  credits available for those projects, the office shall grant tax
 5261  credits for those applications and shall grant remaining tax
 5262  credits on a first-come, first-served basis for any subsequent
 5263  eligible applications received before the end of the state
 5264  fiscal year. If, during the first 10 business days of the state
 5265  fiscal year, eligible tax credit applications for projects other
 5266  than those that provide homeownership opportunities for low
 5267  income or very-low-income households as defined in s.
 5268  420.9071(19) and (28) are received for more than the annual tax
 5269  credits available for those projects, the office shall grant the
 5270  tax credits for those applications on a pro rata basis.
 5271         (c) The project must be undertaken by an “eligible
 5272  sponsor,” defined here as:
 5273         1. A community action program;
 5274         2. A nonprofit community-based development organization
 5275  whose mission is the provision of housing for low-income or
 5276  very-low-income households or increasing entrepreneurial and
 5277  job-development opportunities for low-income persons;
 5278         3. A neighborhood housing services corporation;
 5279         4. A local housing authority, created pursuant to chapter
 5280  421;
 5281         5. A community redevelopment agency, created pursuant to s.
 5282  163.356;
 5283         6. The Florida Industrial Development Corporation;
 5284         7. An historic preservation district agency or
 5285  organization;
 5286         8. A regional workforce board;
 5287         9. A direct-support organization as provided in s.
 5288  1009.983;
 5289         10. An enterprise zone development agency created pursuant
 5290  to s. 290.0056;
 5291         11. A community-based organization incorporated under
 5292  chapter 617 which is recognized as educational, charitable, or
 5293  scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
 5294  and whose bylaws and articles of incorporation include
 5295  affordable housing, economic development, or community
 5296  development as the primary mission of the corporation;
 5297         12. Units of local government;
 5298         13. Units of state government; or
 5299         14. Such other agency as the Department of Economic
 5300  Opportunity Office of Tourism, Trade, and Economic Development
 5301  may, from time to time, designate by rule.
 5302  
 5303  In no event shall a contributing business firm have a financial
 5304  interest in the eligible sponsor.
 5305         (d) The project shall be located in an area designated as
 5306  an enterprise zone or a Front Porch Florida Community pursuant
 5307  to s. 20.18(6). Any project designed to construct or
 5308  rehabilitate housing for low-income or very-low-income
 5309  households as defined in s. 420.9071(19) and (28) is exempt from
 5310  the area requirement of this paragraph. This section does not
 5311  preclude projects that propose to construct or rehabilitate
 5312  housing for low-income or very-low-income households on
 5313  scattered sites. Any project designed to provide increased
 5314  access to high-speed broadband capabilities which includes
 5315  coverage of a rural enterprise zone may locate the project’s
 5316  infrastructure in any area of a rural county.
 5317         (3) APPLICATION REQUIREMENTS.—
 5318         (a) Any eligible sponsor wishing to participate in this
 5319  program must submit a proposal to the Department of Economic
 5320  Opportunity Office of Tourism, Trade, and Economic Development
 5321  which sets forth the sponsor, the project, the area in which the
 5322  project is located, and such supporting information as may be
 5323  prescribed by rule. The proposal shall also contain a resolution
 5324  from the local governmental unit in which it is located
 5325  certifying that the project is consistent with local plans and
 5326  regulations.
 5327         (b) Any business wishing to participate in this program
 5328  must submit an application for tax credit to the Department of
 5329  Economic Opportunity Office of Tourism, Trade, and Economic
 5330  Development, which application sets forth the sponsor; the
 5331  project; and the type, value, and purpose of the contribution.
 5332  The sponsor shall verify the terms of the application and
 5333  indicate its receipt of the contribution, which verification
 5334  must be in writing and accompany the application for tax credit.
 5335         (c) The business firm must submit a separate application
 5336  for tax credit for each individual contribution that it makes to
 5337  each individual project.
 5338         (4) ADMINISTRATION.—
 5339         (a) The Department of Economic Opportunity Office of
 5340  Tourism, Trade, and Economic Development has authority to adopt
 5341  rules pursuant to ss. 120.536(1) and 120.54 to implement the
 5342  provisions of this section, including rules for the approval or
 5343  disapproval of proposals by business firms.
 5344         (b) The decision of the Department of Economic Opportunity
 5345  Office of Tourism, Trade, and Economic Development shall be in
 5346  writing, and, if approved, the notification must state the
 5347  maximum credit allowable to the business firm. A copy of the
 5348  decision shall be transmitted to the executive director of the
 5349  Department of Revenue, who shall apply such credit to the tax
 5350  liability of the business firm.
 5351         (c) The Department of Economic Opportunity Office of
 5352  Tourism, Trade, and Economic Development shall periodically
 5353  monitor all projects in a manner consistent with available
 5354  resources to ensure that resources are utilized in accordance
 5355  with this section; however, each project shall be reviewed no
 5356  less often than once every 2 years.
 5357         (d) The Department of Revenue has authority to adopt rules
 5358  pursuant to ss. 120.536(1) and 120.54 to implement the
 5359  provisions of this section.
 5360         (e) The Department of Economic Opportunity Office of
 5361  Tourism, Trade, and Economic Development shall, in consultation
 5362  with the Department of Community Affairs, the Florida Housing
 5363  Finance Corporation, and the statewide and regional housing and
 5364  financial intermediaries, market the availability of the
 5365  community contribution tax credit program to community-based
 5366  organizations.
 5367         Section 92. Section 220.1895, Florida Statutes, is amended
 5368  to read:
 5369         220.1895 Rural Job Tax Credit and Urban High-Crime Area Job
 5370  Tax Credit.—There shall be allowed a credit against the tax
 5371  imposed by this chapter amounts approved by the Department of
 5372  Economic Opportunity Office of Tourism, Trade, and Economic
 5373  Development pursuant to the Rural Job Tax Credit Program in s.
 5374  212.098 and the Urban High-Crime Area Job Tax Credit Program in
 5375  s. 212.097. A corporation that uses its credit against the tax
 5376  imposed by this chapter may not take the credit against the tax
 5377  imposed by chapter 212. If any credit granted under this section
 5378  is not fully used in the first year for which it becomes
 5379  available, the unused amount may be carried forward for a period
 5380  not to exceed 5 years. The carryover may be used in a subsequent
 5381  year when the tax imposed by this chapter for such year exceeds
 5382  the credit for such year under this section after applying the
 5383  other credits and unused credit carryovers in the order provided
 5384  in s. 220.02(8).
 5385         Section 93. Section 220.1896, Florida Statutes, is amended
 5386  to read:
 5387         220.1896 Jobs for the Unemployed Tax Credit Program.—
 5388         (1) As used in this section, the term:
 5389         (a) “Eligible business” means any target industry business
 5390  as defined in s. 288.106(2) which is subject to the tax imposed
 5391  by this chapter. The eligible business does not have to be
 5392  certified to receive the Qualified Target Industry Tax Refund
 5393  Incentive under s. 288.106 in order to receive the tax credit
 5394  available under this section.
 5395         (b) “Office” means the Office of Tourism, Trade, and
 5396  Economic Development.
 5397         (b)(c) “Qualified employee” means a person:
 5398         1. Who was unemployed at least 30 days immediately before
 5399  prior to being hired by an eligible business.
 5400         2. Who was hired by an eligible business on or after July
 5401  1, 2010, and had not previously been employed by the eligible
 5402  business or its parent or an affiliated corporation.
 5403         3. Who performed duties connected to the operations of the
 5404  eligible business on a regular, full-time basis for an average
 5405  of at least 36 hours per week and for at least 12 months before
 5406  an eligible business is awarded a tax credit.
 5407         4. Whose employment by the eligible business has not formed
 5408  the basis for any other claim to a credit pursuant to this
 5409  section.
 5410         (2) A certified business shall receive a $1,000 tax credit
 5411  for each qualified employee, pursuant to limitation in
 5412  subsection (5).
 5413         (3)(a) In order to become a certified business, an eligible
 5414  business must file under oath with the Department of Economic
 5415  Opportunity office an application that includes:
 5416         1. The name, address and NAICS identifying code of the
 5417  eligible business.
 5418         2. Relevant employment information.
 5419         3. A sworn affidavit, signed by each employee, attesting to
 5420  his or her previous unemployment for whom the eligible business
 5421  is seeking credits under this section.
 5422         4. Verification that the wages paid by the eligible
 5423  business to each of its qualified employees exceeds the wage
 5424  eligibility levels for Medicaid and other public assistance
 5425  programs.
 5426         5. Any other information necessary to process the
 5427  application.
 5428         (b) The Department of Economic Opportunity office shall
 5429  process applications to certify a business in the order in which
 5430  the applications are received, without regard as to whether the
 5431  applicant is a new or an existing business. The Department of
 5432  Economic Opportunity office shall review and approve or deny an
 5433  application within 10 days after receiving a completed
 5434  application. The Department of Economic Opportunity office shall
 5435  notify the applicant in writing as to the department’s office’s
 5436  decision.
 5437         (c)1. The Department of Economic Opportunity office shall
 5438  submit a copy of the letter of certification to the Department
 5439  of Revenue within 10 days after the Department of Economic
 5440  Opportunity office issues the letter of certification to the
 5441  applicant.
 5442         2. If the application of an eligible business is not
 5443  sufficient to certify the applicant business, the Department of
 5444  Economic Opportunity office must deny the application and issue
 5445  a notice of denial to the applicant.
 5446         3. If the application of an eligible business does not
 5447  contain sufficient documentation of the number of qualified
 5448  employees, the Department of Economic Opportunity office shall
 5449  approve the application with respect to the employees for whom
 5450  the Department of Economic Opportunity office determines are
 5451  qualified employees. The Department of Economic Opportunity
 5452  office must deny the application with respect to persons for
 5453  whom the Department of Economic Opportunity office determines
 5454  are not qualified employees or for whom insufficient
 5455  documentation has been provided. A business may not submit a
 5456  revised application for certification or for the determination
 5457  of a person as a qualified employee more than 3 months after the
 5458  issuance of a notice of denial with respect to the business or a
 5459  particular person as a qualified employee.
 5460         (4) The applicant for a tax credit under this section has
 5461  the responsibility to affirmatively demonstrate to the
 5462  satisfaction of the Department of Economic Opportunity office
 5463  and the Department of Revenue that the applicant and the persons
 5464  claimed as qualified employees meet the requirements of this
 5465  section.
 5466         (5) The total amount of tax credits under this section
 5467  which may be approved by the Department of Economic Opportunity
 5468  office for all applicants is $10 million, with $5 million
 5469  available to be awarded in the 2011-2012 fiscal year and $5
 5470  million available to be awarded in the 2012-2013 fiscal year.
 5471         (6) A tax credit amount that is granted under this section
 5472  which is not fully used in the first year for which it becomes
 5473  available may be carried forward to the subsequent taxable year.
 5474  The carryover credit may be used in the subsequent year if the
 5475  tax imposed by this chapter for such year exceeds the credit for
 5476  such year under this section after applying the other credits
 5477  and unused credit carryovers in the order provided in s.
 5478  220.02(8).
 5479         (7) A person who fraudulently claims a credit under this
 5480  section is liable for repayment of the credit plus a mandatory
 5481  penalty of 100 percent of the credit. Such person also commits a
 5482  misdemeanor of the second degree, punishable as provided in s.
 5483  775.082 or s. 775.083.
 5484         (8) The Department of Economic Opportunity office may adopt
 5485  rules governing the manner and form of applications for the tax
 5486  credit. The Department of Economic Opportunity office may
 5487  establish guidelines for making an affirmative showing of
 5488  qualification for the tax credit under this section.
 5489         (9) The Department of Revenue may adopt rules to administer
 5490  this section, including rules relating to the creation of forms
 5491  to claim a tax credit and examination and audit procedures
 5492  required to administer this section.
 5493         (10) This section expires June 30, 2012. However, a
 5494  taxpayer that is awarded a tax credit in the second year of the
 5495  program may carry forward any unused credit amount to the
 5496  subsequent tax reporting period. Rules adopted by the Department
 5497  of Revenue to administer this section shall remain valid as long
 5498  as a taxpayer may use a credit against its corporate income tax
 5499  liability.
 5500         Section 94. Subsection (1) of section 220.1899, Florida
 5501  Statutes, is amended to read:
 5502         220.1899 Entertainment industry tax credit.—
 5503         (1) There shall be a credit allowed against the tax imposed
 5504  by this chapter in the amounts awarded by the Department of
 5505  Economic Opportunity Office of Tourism, Trade, and Economic
 5506  Development under the entertainment industry financial incentive
 5507  program in s. 288.1254.
 5508         Section 95. Paragraphs (e), (f), (g), and (h) of subsection
 5509  (1), paragraph (a) of subsection (3), and subsections (5) and
 5510  (6) of section 220.191, Florida Statutes, are amended to read:
 5511         220.191 Capital investment tax credit.—
 5512         (1) DEFINITIONS.—For purposes of this section:
 5513         (e) “Jobs” means full-time equivalent positions, as that
 5514  term is consistent with terms used by the Department of Economic
 5515  Opportunity Agency for Workforce Innovation and the United
 5516  States Department of Labor for purposes of unemployment tax
 5517  administration and employment estimation, resulting directly
 5518  from a project in this state. The term does not include
 5519  temporary construction jobs involved in the construction of the
 5520  project facility.
 5521         (f) “Office” means the Office of Tourism, Trade, and
 5522  Economic Development.
 5523         (f)(g) “Qualifying business” means a business which
 5524  establishes a qualifying project in this state and which is
 5525  certified by the Department of Economic Opportunity office to
 5526  receive tax credits pursuant to this section.
 5527         (g)(h) “Qualifying project” means a facility in this state
 5528  meeting one or more of the following criteria:
 5529         1. A new or expanding facility in this state which creates
 5530  at least 100 new jobs in this state and is in one of the high
 5531  impact sectors identified by Enterprise Florida, Inc., and
 5532  certified by the Department of Economic Opportunity office
 5533  pursuant to s. 288.108(6), including, but not limited to,
 5534  aviation, aerospace, automotive, and silicon technology
 5535  industries. However, between July 1, 2011, and June 30, 2014,
 5536  the requirement that a facility be in a high-impact sector is
 5537  waived for any otherwise eligible business from another state
 5538  which locates all or a portion of its business to a
 5539  Disproportionally Affected County. For purposes of this section,
 5540  the term “Disproportionally Affected County” means Bay County,
 5541  Escambia County, Franklin County, Gulf County, Okaloosa County,
 5542  Santa Rosa County, Walton County, or Wakulla County.;
 5543         2. A new or expanded facility in this state which is
 5544  engaged in a target industry designated pursuant to the
 5545  procedure specified in s. 288.106(2) s. 288.106(2)(t) and which
 5546  is induced by this credit to create or retain at least 1,000
 5547  jobs in this state, provided that at least 100 of those jobs are
 5548  new, pay an annual average wage of at least 130 percent of the
 5549  average private sector wage in the area as defined in s.
 5550  288.106(2), and make a cumulative capital investment of at least
 5551  $100 million after July 1, 2005. Jobs may be considered retained
 5552  only if there is significant evidence that the loss of jobs is
 5553  imminent. Notwithstanding subsection (2), annual credits against
 5554  the tax imposed by this chapter may shall not exceed 50 percent
 5555  of the increased annual corporate income tax liability or the
 5556  premium tax liability generated by or arising out of a project
 5557  qualifying under this subparagraph. A facility that qualifies
 5558  under this subparagraph for an annual credit against the tax
 5559  imposed by this chapter may take the tax credit for a period not
 5560  to exceed 5 years.; or
 5561         3. A new or expanded headquarters facility in this state
 5562  which locates in an enterprise zone and brownfield area and is
 5563  induced by this credit to create at least 1,500 jobs which on
 5564  average pay at least 200 percent of the statewide average annual
 5565  private sector wage, as published by the Department of Economic
 5566  Opportunity Agency for Workforce Innovation or its successor,
 5567  and which new or expanded headquarters facility makes a
 5568  cumulative capital investment in this state of at least $250
 5569  million.
 5570         (3)(a) Notwithstanding subsection (2), an annual credit
 5571  against the tax imposed by this chapter shall be granted to a
 5572  qualifying business which establishes a qualifying project
 5573  pursuant to subparagraph (1)(g)(h)3., in an amount equal to the
 5574  lesser of $15 million or 5 percent of the eligible capital costs
 5575  made in connection with a qualifying project, for a period not
 5576  to exceed 20 years beginning with the commencement of operations
 5577  of the project. The tax credit shall be granted against the
 5578  corporate income tax liability of the qualifying business and as
 5579  further provided in paragraph (c). The total tax credit provided
 5580  pursuant to this subsection shall be equal to no more than 100
 5581  percent of the eligible capital costs of the qualifying project.
 5582         (5) Applications shall be reviewed and certified pursuant
 5583  to s. 288.061. The Department of Economic Opportunity office,
 5584  upon a recommendation by Enterprise Florida, Inc., shall first
 5585  certify a business as eligible to receive tax credits pursuant
 5586  to this section prior to the commencement of operations of a
 5587  qualifying project, and such certification shall be transmitted
 5588  to the Department of Revenue. Upon receipt of the certification,
 5589  the Department of Revenue shall enter into a written agreement
 5590  with the qualifying business specifying, at a minimum, the
 5591  method by which income generated by or arising out of the
 5592  qualifying project will be determined.
 5593         (6) The Department of Economic Opportunity office, in
 5594  consultation with Enterprise Florida, Inc., is authorized to
 5595  develop the necessary guidelines and application materials for
 5596  the certification process described in subsection (5).
 5597         Section 96. Subsection (2) of section 222.15, Florida
 5598  Statutes, is amended to read:
 5599         222.15 Wages or unemployment compensation payments due
 5600  deceased employee may be paid spouse or certain relatives.—
 5601         (2) It is also lawful for the Department of Economic
 5602  Opportunity Agency for Workforce Innovation, in case of death of
 5603  any unemployed individual, to pay to those persons referred to
 5604  in subsection (1) any unemployment compensation payments that
 5605  may be due to the individual at the time of his or her death.
 5606         Section 97. Subsections (3) and (4) of section 250.06,
 5607  Florida Statutes, are amended to read:
 5608         250.06 Commander in chief.—
 5609         (3) The Governor may, in order to preserve the public
 5610  peace, execute the laws of the state, suppress insurrection,
 5611  repel invasion, respond to an emergency as defined in s.
 5612  252.34(3) or imminent danger thereof, or, in case of the calling
 5613  of all or any portion of the militia of this state Florida into
 5614  the services of the United States, may increase the Florida
 5615  National Guard and organize it in accordance with rules and
 5616  regulations governing the Armed Forces of the United States.
 5617  Such organization and increase may be pursuant to or in advance
 5618  of any call made by the President of the United States. If the
 5619  Florida National Guard is activated into service of the United
 5620  States, another organization may not be designated as the
 5621  Florida National Guard.
 5622         (4) The Governor may, in order to preserve the public
 5623  peace, execute the laws of the state, enhance domestic security,
 5624  respond to terrorist threats or attacks, respond to an emergency
 5625  as defined in s. 252.34(3) or imminent danger thereof, or
 5626  respond to any need for emergency aid to civil authorities as
 5627  specified in s. 250.28, order into state active duty all or any
 5628  part of the militia which he or she deems proper.
 5629         Section 98. Subsection (2) of section 252.34, Florida
 5630  Statutes, is amended to read:
 5631         252.34 Definitions.—As used in this part ss. 252.31-252.60,
 5632  the term:
 5633         (2) “Division” means the Division of Emergency Management
 5634  within the Executive Office of the Governor of the Department of
 5635  Community Affairs, or the successor to that division.
 5636         Section 99. Paragraphs (j), (s), and (t) of subsection (2)
 5637  of section 252.35, Florida Statutes, are amended to read:
 5638         252.35 Emergency management powers; Division of Emergency
 5639  Management.—
 5640         (2) The division is responsible for carrying out the
 5641  provisions of ss. 252.31-252.90. In performing its duties under
 5642  ss. 252.31-252.90, the division shall:
 5643         (j) In cooperation with The Division of Emergency
 5644  Management and the Department of Education, shall coordinate
 5645  with the Agency for Persons with Disabilities to provide an
 5646  educational outreach program on disaster preparedness and
 5647  readiness to individuals who have limited English skills and
 5648  identify persons who are in need of assistance but are not
 5649  defined under special-needs criteria.
 5650         (s) By January 1, 2007, the Division of Emergency
 5651  Management shall Complete an inventory of portable generators
 5652  owned by the state and local governments which are capable of
 5653  operating during a major disaster. The inventory must identify,
 5654  at a minimum, the location of each generator, the number of
 5655  generators stored at each specific location, the agency to which
 5656  each generator belongs, the primary use of the generator by the
 5657  owner agency, and the names, addresses, and telephone numbers of
 5658  persons having the authority to loan the stored generators as
 5659  authorized by the division of Emergency Management during a
 5660  declared emergency.
 5661         (t) The division shall Maintain an inventory list of
 5662  generators owned by the state and local governments. In
 5663  addition, the division may keep a list of private entities,
 5664  along with appropriate contact information, which offer
 5665  generators for sale or lease. The list of private entities shall
 5666  be available to the public for inspection in written and
 5667  electronic formats.
 5668         Section 100. Subsection (2) of section 252.355, Florida
 5669  Statutes, is amended to read:
 5670         252.355 Registry of persons with special needs; notice.—
 5671         (2) The division Department of Community Affairs shall be
 5672  the designated lead agency responsible for community education
 5673  and outreach to the public, including special needs clients,
 5674  regarding registration and special needs shelters and general
 5675  information regarding shelter stays.
 5676         Section 101. Section 252.371, Florida Statutes, is amended
 5677  to read:
 5678         252.371 Emergency Management, Preparedness, and Assistance
 5679  Trust Fund.—There is created the Emergency Management,
 5680  Preparedness, and Assistance Trust Fund to be administered by
 5681  the division Department of Community Affairs.
 5682         Section 102. Subsections (1) and (2) of section 252.373,
 5683  Florida Statutes, are amended to read:
 5684         252.373 Allocation of funds; rules.—
 5685         (1) Funds appropriated from the Emergency Management,
 5686  Preparedness, and Assistance Trust Fund shall be allocated by
 5687  the division Department of Community Affairs for the following
 5688  purposes:
 5689         (a) To implement and administer state and local emergency
 5690  management programs, including administration, training, and
 5691  operations.
 5692         (b) For grants and loans to state or regional agencies,
 5693  local governments, and private organizations to implement
 5694  projects that will further state and local emergency management
 5695  objectives. These projects must include, but need not be limited
 5696  to, projects that will promote public education on disaster
 5697  preparedness and recovery issues, enhance coordination of relief
 5698  efforts of statewide private sector organizations, and improve
 5699  the training and operations capabilities of agencies assigned
 5700  lead or support responsibilities in the state comprehensive
 5701  emergency management plan, including the State Fire Marshal’s
 5702  Office for coordinating the Florida fire services. The division
 5703  shall establish criteria and procedures for competitive
 5704  allocation of these funds by rule. No more than 5 percent of any
 5705  award made pursuant to this subparagraph may be used for
 5706  administrative expenses. This competitive criteria must give
 5707  priority consideration to hurricane evacuation shelter retrofit
 5708  projects.
 5709         (c) To meet any matching requirements imposed as a
 5710  condition of receiving federal disaster relief assistance.
 5711         (2) The division department shall allocate funds from the
 5712  Emergency Management, Preparedness, and Assistance Trust Fund to
 5713  local emergency management agencies and programs pursuant to
 5714  criteria specified in rule. Such rules shall include, but are
 5715  not limited to:
 5716         (a) Requiring that, at a minimum, a local emergency
 5717  management agency either:
 5718         1. Have a program director who works at least 40 hours a
 5719  week in that capacity; or
 5720         2. If the county has fewer than 75,000 population or is
 5721  party to an interjurisdictional emergency management agreement
 5722  entered into pursuant to s. 252.38(3)(b), that is recognized by
 5723  the Governor by executive order or rule, have an emergency
 5724  management coordinator who works at least 20 hours a week in
 5725  that capacity.
 5726         (b) Specifying a formula that establishes a base grant
 5727  allocation and weighted factors for funds to be allocated over
 5728  the base grant amount.
 5729         (c) Specifying match requirements.
 5730         (d) Preferential funding to provide incentives to counties
 5731  and municipalities to participate in mutual aid agreements.
 5732         Section 103. Subsection (5) of section 252.55, Florida
 5733  Statutes, is amended to read:
 5734         252.55 Civil Air Patrol, Florida Wing.—
 5735         (5) The wing commander of the Florida Wing of the Civil Air
 5736  Patrol shall biennially furnish the division Bureau of Emergency
 5737  Management a 2-year projection of the goals and objectives of
 5738  the Civil Air Patrol which shall be reported in the division’s
 5739  biennial report submitted pursuant to s. 252.35.
 5740         Section 104. Subsection (4) of section 252.60, Florida
 5741  Statutes, is amended to read:
 5742         252.60 Radiological emergency preparedness.—
 5743         (4) POWERS AND DUTIES.—In implementing the requirements of
 5744  this section, the director of the division secretary of the
 5745  department, or the director’s secretary’s designated
 5746  representative, shall:
 5747         (a) Negotiate and enter into such additional contracts and
 5748  arrangements among the division, appropriate counties, and each
 5749  operator to provide for the level of funding and the respective
 5750  roles of each in the development, preparation, testing, and
 5751  implementation of the plans.
 5752         (b) Evaluate and determine the adequacy of the plans based
 5753  upon consultations with the United States Nuclear Regulatory
 5754  Commission and other agencies, as appropriate, and upon the
 5755  results of such tests as may be conducted.
 5756         (c) Limited to such funding as is available based upon the
 5757  requirements of subsection (5), require the participation of
 5758  appropriate counties and operators in the development,
 5759  preparation, testing, or implementation of the plans as needed.
 5760         (d) Determine the reasonableness and adequacy of the
 5761  provisions, terms, and conditions of the plans and, in the event
 5762  the appropriate counties and the operators cannot agree, resolve
 5763  such differences and require compliance by the appropriate
 5764  counties and the operators with the plans. In resolving such
 5765  differences, the director secretary shall consider:
 5766         1. The requirements and parameters placed on the operators
 5767  by federal law and agencies;
 5768         2. The reasonableness and adequacy of the funding for
 5769  appropriate counties from any sources of funds other than local
 5770  revenue sources; and
 5771         3. The reasonableness and appropriateness of the costs to
 5772  the appropriate counties likely to be incurred in complying with
 5773  provisions, terms, and conditions of the plans.
 5774         (e) Receive, expend, and disburse such funds as are made
 5775  available by each licensee pursuant to this section.
 5776         (f) Limited to such funding as is available based upon the
 5777  requirements of subsection (5), coordinate all activities
 5778  undertaken pursuant to this section or required of appropriate
 5779  counties and operators by any federal or state agency.
 5780         Section 105. Section 252.61, Florida Statutes, is amended
 5781  to read:
 5782         252.61 List of persons for contact relating to release of
 5783  toxic substances into atmosphere.—The Division of Emergency
 5784  Management Department of Community Affairs shall maintain a list
 5785  of contact persons after the survey pursuant to s. 403.771 is
 5786  completed.
 5787         Section 106. Section 252.82, Florida Statutes, is amended
 5788  to read:
 5789         252.82 Definitions.—As used in this part:
 5790         (1) “Commission” means the State Hazardous Materials
 5791  Emergency Response Commission created pursuant to s. 301 of
 5792  EPCRA.
 5793         (2) “Committee” means any local emergency planning
 5794  committee established in the state pursuant to s. 301 of EPCRA.
 5795         (3) “Division” means the Division of Emergency Management
 5796  within the Executive Office of the Governor “Department” means
 5797  the Department of Community Affairs.
 5798         (4) “Facility” means facility as defined in s. 329 of
 5799  EPCRA. Vehicles placarded according to title 49 Code of Federal
 5800  Regulations are shall not be considered a facility except for
 5801  purposes of s. 304 of EPCRA.
 5802         (5) “Hazardous material” means any hazardous chemical,
 5803  toxic chemical, or extremely hazardous substance, as defined in
 5804  s. 329 of EPCRA.
 5805         (6) “EPCRA” means the Emergency Planning and Community
 5806  Right-to-Know Act of 1986, title III of the Superfund Amendments
 5807  and Reauthorization Act of 1986, Pub. L. No. 99-499, ss. 300
 5808  329, 42 U.S.C. ss. 11001 et seq.; and federal regulations
 5809  adopted thereunder.
 5810         (7) “Trust fund” means the Operating Trust Fund of the
 5811  division Department of Community Affairs.
 5812         Section 107. Section 252.83, Florida Statutes, is amended
 5813  to read:
 5814         252.83 Powers and duties of the division department.—
 5815         (1) The division department shall have the authority:
 5816         (a) To coordinate its activities under this part with its
 5817  other emergency management responsibilities, including its
 5818  responsibilities under part I of this chapter, and activities
 5819  and with the related activities of other agencies, keeping
 5820  separate accounts for all activities supported or partially
 5821  supported from the Operating Trust Fund.
 5822         (b) To make rules, with the advice and consent of the
 5823  commission, to implement this part.
 5824         (2) The division department shall provide administrative
 5825  support, including staff, facilities, materials, and services,
 5826  to the commission and shall provide funding to the committees to
 5827  enable the commission and the committees to perform their
 5828  functions under EPCRA and this part.
 5829         (3) The division department and the commission, to the
 5830  extent possible, shall use the emergency planning capabilities
 5831  of local governments to reduce duplication and paperwork to
 5832  achieve the intent of this part. It is the intent of the
 5833  Legislature that this part be implemented in the most cost
 5834  efficient manner possible, with the least possible financial
 5835  impact on local government and the community.
 5836         Section 108. Subsections (1), (3), (4), and (5) of section
 5837  252.85, Florida Statutes, are amended to read:
 5838         252.85 Fees.—
 5839         (1) Any owner or operator of a facility required under s.
 5840  302 or s. 312 of EPCRA, or by s. 252.87, to submit a
 5841  notification or an annual inventory form to the commission shall
 5842  be required to pay an annual registration fee. The fee for any
 5843  company, including all facilities under common ownership or
 5844  control, shall not be less than $25 nor more than $2,000. The
 5845  division department shall establish a reduced fee, of not less
 5846  than $25 nor more than $500, applicable to any owner or operator
 5847  regulated under part I of chapter 368, chapter 527, or s.
 5848  376.303, which does not have present any extremely hazardous
 5849  substance, as defined by EPCRA, in excess of a threshold
 5850  planning quantity, as established by EPCRA. The division
 5851  department shall establish a reduced fee of not less than $25
 5852  nor more than $1,000, applicable to any owner or operator of a
 5853  facility with a Standard Industrial Classification Code of 01,
 5854  02, or 07, which is eligible for the “routine agricultural use”
 5855  exemption provided in ss. 311 and 312 of EPCRA. The fee under
 5856  this subsection shall be based on the number of employees
 5857  employed within the state at facilities under the common
 5858  ownership or control of such owner or operator, which number
 5859  shall be determined, to the extent possible, in accordance with
 5860  data supplied by the Department of Economic Opportunity or its
 5861  tax collection service provider Labor and Employment Security.
 5862  In order to avoid the duplicative reporting of seasonal and
 5863  temporary agricultural employees, fees applicable to owners or
 5864  operators of agricultural facilities, which are eligible for the
 5865  “routine agricultural use” reporting exemption provided in ss.
 5866  311 and 312 of EPCRA, shall be based on employee data which most
 5867  closely reflects such owner or operator’s permanent nonseasonal
 5868  workforce. The division department shall establish by rule the
 5869  date by which the fee is to be paid, as well as a formula or
 5870  method of determining the applicable fee under this subsection
 5871  without regard to the number of facilities under common
 5872  ownership or control. The division department may require owners
 5873  or operators of multiple facilities to demonstrate common
 5874  ownership or control for purposes of this subsection.
 5875         (3) Any owner or operator of a facility that is required to
 5876  submit a report or filing under s. 313 of EPCRA shall pay an
 5877  annual reporting fee not to exceed $150 for those s. 313 EPCRA
 5878  listed substances in effect on January 1, 2005. The division
 5879  department shall establish by rule the date by which the fee is
 5880  to be paid, as well as a formula or method of determining the
 5881  applicable fee under this subsection.
 5882         (4)(a) The division department may assess a late fee for
 5883  the failure to submit a report or filing that substantially
 5884  complies with the requirements of EPCRA or s. 252.87 by the
 5885  specified date or for failure to pay any fee, including any late
 5886  fee, required by this section. This late fee shall be in
 5887  addition to the fee otherwise imposed pursuant to this section.
 5888  If the division department elects to impose a late fee, it shall
 5889  provide the owner or operator with a written notice that
 5890  identifies the specific requirements which have not been met and
 5891  advises of its intent to assess a late fee.
 5892         (b) The division department may impose a late fee, subject
 5893  to the limitations set forth below:
 5894         1. If the report, filing, or fee is submitted within 30
 5895  days after the receipt of the division’s department’s notice, no
 5896  late fee may be assessed.
 5897         2. If the report, filing, or fee is not submitted within 30
 5898  days after the receipt of the division’s department’s notice,
 5899  the division department may impose a late fee in an amount equal
 5900  to the amount of the annual registration fee, filing fee, or s.
 5901  313 fee due, not to exceed $2,000.
 5902         3. If the report, filing, or fee is not submitted within 90
 5903  days after the receipt of the division’s department’s notice,
 5904  the division department may issue a second notice. If the
 5905  report, filing, or fee is not submitted within 30 days after
 5906  receipt of the division’s department’s second notice, the
 5907  division department may assess a second late fee in an amount
 5908  equal to twice the amount of the annual registration fee, filing
 5909  fee, or s. 313 fee due, not to exceed $4,000.
 5910         4. The division department may consider, but is not limited
 5911  to considering, the following factors in assessing late fees:
 5912  good faith attempt to comply; history of noncompliance; ability
 5913  to pay or continue in business; threat to health and safety
 5914  posed by noncompliance; and degree of culpability.
 5915         (5) The division department shall establish by rule the
 5916  dates by which the fee is to be paid, as well as a formula or
 5917  method of determining the facility registration fee and late
 5918  fee.
 5919         Section 109. Subsections (1) and (3) of section 252.86,
 5920  Florida Statutes, are amended to read:
 5921         252.86 Penalties and remedies.—
 5922         (1) The owner or operator of a facility, an employer, or
 5923  any other person submitting written information pursuant to
 5924  EPCRA or this part to the commission, a committee, or a fire
 5925  department shall be liable for a civil penalty of $5,000 for
 5926  each item of information in the submission that is false, if
 5927  such person knew or should have known the information was false
 5928  or if such person submitted the information with reckless
 5929  disregard of its truth or falsity. The division department may
 5930  institute a civil action in a court of competent jurisdiction to
 5931  impose and recover a civil penalty for the amount indicated in
 5932  this subsection. However, the court may receive evidence in
 5933  mitigation.
 5934         (3) Any provision of s. 325 or s. 326 of EPCRA which
 5935  creates a federal cause of action shall create a corresponding
 5936  cause of action under state law, with jurisdiction in the
 5937  circuit courts. Any provision of s. 325 or s. 326 of EPCRA which
 5938  imposes or authorizes the imposition of a civil penalty by the
 5939  Administrator of the Environmental Protection Agency, or which
 5940  creates a liability to the United States, shall impose or
 5941  authorize the imposition of such a penalty by the division
 5942  department or create such a liability to and for the benefit of
 5943  the state, to be paid into the Operating Trust Fund. Venue shall
 5944  be proper in the county where the violation occurred or where
 5945  the defendant has its principal place of business.
 5946         Section 110. Subsections (4) and (7) of section 252.87,
 5947  Florida Statutes, are amended to read:
 5948         252.87 Supplemental state reporting requirements.—
 5949         (4) Each employer that owns or operates a facility in this
 5950  state at which hazardous materials are present in quantities at
 5951  or above the thresholds established under ss. 311(b) and 312(b)
 5952  of EPCRA shall comply with the reporting requirements of ss. 311
 5953  and 312 of EPCRA. Such employer shall also be responsible for
 5954  notifying the division department, the local emergency planning
 5955  committee, and the local fire department in writing within 30
 5956  days if there is a discontinuance or abandonment of the
 5957  employer’s business activities that could affect any stored
 5958  hazardous materials.
 5959         (7) The division department shall avoid duplicative
 5960  reporting requirements by using utilizing the reporting
 5961  requirements of other state agencies that regulate hazardous
 5962  materials to the extent feasible and shall request the
 5963  information authorized under EPCRA. With the advice and consent
 5964  of the State Emergency Response Commission for Hazardous
 5965  Materials, the division department may require by rule that the
 5966  maximum daily amount entry on the chemical inventory report
 5967  required under s. 312 of EPCRA provide for reporting in
 5968  estimated actual amounts. The division department may also
 5969  require by rule an entry for the Federal Employer Identification
 5970  Number on this report. To the extent feasible, the division
 5971  department shall encourage and accept required information in a
 5972  form initiated through electronic data interchange and shall
 5973  describe by rule the format, manner of execution, and method of
 5974  electronic transmission necessary for using such form. To the
 5975  extent feasible, the Department of Financial Services, the
 5976  Department of Agriculture and Consumer Services, the Department
 5977  of Environmental Protection, the Public Service Commission, the
 5978  Department of Revenue, the Department of Labor and Employment
 5979  Security, and other state agencies which regulate hazardous
 5980  materials shall coordinate with the division department in order
 5981  to avoid duplicative requirements contained in each agency’s
 5982  respective reporting or registration forms. The other state
 5983  agencies that inspect facilities storing hazardous materials and
 5984  suppliers and distributors of covered substances shall assist
 5985  the division department in informing the facility owner or
 5986  operator of the requirements of this part. The division
 5987  department shall provide the other state agencies with the
 5988  necessary information and materials to inform the owners and
 5989  operators of the requirements of this part to ensure that the
 5990  budgets of these agencies are not adversely affected.
 5991         Section 111. Subsection (4) of section 252.88, Florida
 5992  Statutes, is amended to read:
 5993         252.88 Public records.—
 5994         (4) The division department, the commission, and the
 5995  committees shall furnish copies of public records submitted
 5996  under EPCRA or this part, and may charge a fee of $1 per page
 5997  per person per year for over 25 pages of materials copied.
 5998         Section 112. Subsections (3), (8), (9), and (19) of section
 5999  252.936, Florida Statutes, are amended to read:
 6000         252.936 Definitions.—As used in this part, the term:
 6001         (3) “Audit” means a review of information at, a stationary
 6002  source subject to s. 112(r)(7), or submitted by, a stationary
 6003  source subject to s. 112(r)(7), to determine whether that
 6004  stationary source is in compliance with the requirements of this
 6005  part and rules adopted to administer implement this part. Audits
 6006  must include a review of the adequacy of the stationary source’s
 6007  Risk Management Plan, may consist of reviews of information
 6008  submitted to the division department or the United States
 6009  Environmental Protection Agency to determine whether the plan is
 6010  complete or whether revisions to the plan are needed, and the
 6011  reviews may be conducted at the stationary source to confirm
 6012  that information onsite is consistent with reported information.
 6013         (8) “Division” means the Division of Emergency Management
 6014  in the Executive Office of the Governor “Department” means the
 6015  Department of Community Affairs.
 6016         (9) “Inspection” means a review of information at a
 6017  stationary source subject to s. 112(r)(7), including
 6018  documentation and operating practices and access to the source
 6019  and to any area where an accidental release could occur, to
 6020  determine whether the stationary source is in compliance with
 6021  the requirements of this part or rules adopted to administer
 6022  implement this part.
 6023         (19) “Trust fund” means the Operating Trust Fund of the
 6024  division established in the department’s Division of Emergency
 6025  Management.
 6026         Section 113. Section 252.937, Florida Statutes, is amended
 6027  to read:
 6028         252.937 Division Department powers and duties.—
 6029         (1) The division department has the power and duty to:
 6030         (a)1. Seek delegation from the United States Environmental
 6031  Protection Agency to implement the Accidental Release Prevention
 6032  Program under s. 112(r)(7) of the Clean Air Act and the federal
 6033  implementing regulations for specified sources subject to s.
 6034  112(r)(7) of the Clean Air Act. Implementation for all other
 6035  sources subject to s. 112(r)(7) of the Clean Air Act shall will
 6036  be performed by the United States Environmental Protection
 6037  Agency; and
 6038         2. Ensure the timely submission of Risk Management Plans
 6039  and any subsequent revisions of Risk Management Plans.
 6040         (b) Adopt, modify, and repeal rules, with the advice and
 6041  consent of the commission, necessary to obtain delegation from
 6042  the United States Environmental Protection Agency and to
 6043  administer the s. 112(r)(7) Accidental Release Prevention
 6044  Program in this state for the specified stationary sources with
 6045  no expansion or addition of the regulatory program.
 6046         (c) Make and execute contracts and other agreements
 6047  necessary or convenient to the administration implementation of
 6048  this part.
 6049         (d) Coordinate its activities under this part with its
 6050  other emergency management responsibilities, including its
 6051  responsibilities and activities under parts I, II, and III of
 6052  this chapter and with the related activities of other state and
 6053  local agencies, keeping separate accounts for all activities
 6054  conducted under this part which are supported or partially
 6055  supported from the trust fund.
 6056         (e) Establish, with the advice and consent of the
 6057  commission, a technical assistance and outreach program on or
 6058  before January 31, 1999, to assist owners and operators of
 6059  specified stationary sources subject to s. 112(r)(7) in
 6060  complying with the reporting and fee requirements of this part.
 6061  This program is designed to facilitate and ensure timely
 6062  submission of proper certifications or compliance schedules and
 6063  timely submission and registration of Risk Management Plans and
 6064  revised registrations and Risk Management Plans if when required
 6065  for these sources.
 6066         (f) Make a quarterly report to the State Emergency Response
 6067  Commission on income and expenses for the state’s Accidental
 6068  Release Prevention Program under this part.
 6069         (2) To ensure that this program is self-supporting, the
 6070  division department shall provide administrative support,
 6071  including staff, facilities, materials, and services to
 6072  implement this part for specified stationary sources subject to
 6073  s. 252.939 and shall provide necessary funding to local
 6074  emergency planning committees and county emergency management
 6075  agencies for work performed to implement this part. Each state
 6076  agency with regulatory, inspection, or technical assistance
 6077  programs for specified stationary sources subject to this part
 6078  shall enter into a memorandum of understanding with the division
 6079  department which specifically outlines how each agency’s staff,
 6080  facilities, materials, and services will be used utilized to
 6081  support implementation. At a minimum, these agencies and
 6082  programs include: the Department of Environmental Protection’s
 6083  Division of Air Resources Management and Division of Water
 6084  Resource Management, and the Department of Labor and Employment
 6085  Security’s Division of Safety. It is the Legislature’s intent to
 6086  implement this part as efficiently and economically as possible,
 6087  using existing expertise and resources, if available and
 6088  appropriate.
 6089         (3) To prevent the duplication of investigative efforts and
 6090  resources, the division department, on behalf of the commission,
 6091  shall coordinate with any federal agencies or agents thereof,
 6092  including the federal Chemical Safety and Hazard Investigation
 6093  Board, or its successor, which are performing accidental release
 6094  investigations for specified stationary sources, and may
 6095  coordinate with any agencies of the state which are performing
 6096  accidental release investigations. This accidental release
 6097  investigation coordination is not intended to limit or take the
 6098  place of any individual agency accidental release investigation
 6099  under separate authority.
 6100         (4) To promote efficient administration of this program and
 6101  specified stationary sources, the only the division agency which
 6102  may seek delegation from the United States Environmental
 6103  Protection Agency for this program is the Florida Department of
 6104  Community Affairs. Further, the division may Florida Department
 6105  of Community Affairs shall not delegate this program to any
 6106  local environmental agency.
 6107         Section 114. Section 252.943, Florida Statutes, is amended
 6108  to read:
 6109         252.943 Public records.—
 6110         (1) The division Department of Community Affairs shall
 6111  protect records, reports, or information or particular parts
 6112  thereof, other than release or emissions data, contained in a
 6113  risk management plan from public disclosure pursuant to ss.
 6114  112(r) and 114(c) of the federal Clean Air Act and authorities
 6115  cited therein, based upon a showing satisfactory to the
 6116  Administrator of the United States Environmental Protection
 6117  Agency, by any owner or operator of a stationary source subject
 6118  to the Accidental Release Prevention Program, that public
 6119  release of such records, reports, or information would divulge
 6120  methods or processes entitled to protection as trade secrets as
 6121  provided for in 40 C.F.R. part 2, subpart B. Such records,
 6122  reports, or information held by the division department are
 6123  confidential and exempt from the provisions of s. 119.07(1) and
 6124  s. 24(a), Art. I of the State Constitution, unless a final
 6125  determination has been made by the Administrator of the
 6126  Environmental Protection Agency that such records, reports, or
 6127  information are not entitled to trade secret protection, or
 6128  pursuant to an order of court.
 6129         (2) The division department shall protect records, reports,
 6130  or information or particular parts thereof, other than release
 6131  or emissions data, obtained from an investigation, inspection,
 6132  or audit from public disclosure pursuant to ss. 112(r) and
 6133  114(c) of the federal Clean Air Act and authorities cited
 6134  therein, based upon a showing satisfactory to the Administrator
 6135  of the United States Environmental Protection Agency, by any
 6136  owner or operator of a stationary source subject to the
 6137  Accidental Release Prevention Program, that public release of
 6138  such records, reports, or information would divulge methods or
 6139  processes entitled to protection as trade secrets as provided
 6140  for in 40 C.F.R. part 2, subpart B. Such records, reports, or
 6141  information held by the division department are confidential and
 6142  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
 6143  of the State Constitution, unless a final determination has been
 6144  made by the Administrator of the Environmental Protection Agency
 6145  that such records, reports, or information are not entitled to
 6146  trade secret protection, or pursuant to a court an order of
 6147  court.
 6148         Section 115. Section 252.946, Florida Statutes, is amended
 6149  to read:
 6150         252.946 Public records.—With regard to information
 6151  submitted to the United States Environmental Protection Agency
 6152  under this part or s. 112(r)(7), the division Department of
 6153  Community Affairs, the State Hazardous Materials Emergency
 6154  Response Commission, and any local emergency planning committee
 6155  may assist persons in electronically accessing such information
 6156  held by the United States Environmental Protection Agency in its
 6157  centralized database. If requested, the division department, the
 6158  commission, or a committee may furnish copies of such United
 6159  States Environmental Protection Agency records.
 6160         Section 116. Subsections (3) and (4) of section 255.042,
 6161  Florida Statutes, are amended to read:
 6162         255.042 Shelter in public buildings.—
 6163         (3) The Division of Emergency Management Department of
 6164  Community Affairs shall, in those cases in which the architect
 6165  engineer firm does not possess the specialized training required
 6166  for the inclusion of fallout protection in building design and
 6167  upon request from the architect-engineer concerned or the
 6168  responsible state or local agency, provide, at no cost to the
 6169  architect-engineer or agency, professional development service
 6170  to increase fallout protection through shelter slanting and
 6171  cost-reduction techniques.
 6172         (4) Nothing in this section establishes act shall be
 6173  construed as establishing a mandatory requirement for the
 6174  incorporation of fallout shelter in the construction of,
 6175  modification of, or addition to the public buildings concerned.
 6176  It is mandatory, however, that the incorporation of such
 6177  protection be given every consideration through acceptable
 6178  shelter slanting and cost-reduction techniques. The responsible
 6179  state or local official shall determine whether cost, or other
 6180  related factors, precludes or makes impracticable the
 6181  incorporation of fallout shelter in public buildings. Further,
 6182  the Division of Emergency Management Department of Community
 6183  Affairs may waive the requirement for consideration of shelter
 6184  in those cases where presently available shelter spaces equal or
 6185  exceed the requirements of the area concerned.
 6186         Section 117. Paragraph (b) of subsection (1) of section
 6187  255.099, Florida Statutes, is amended to read:
 6188         255.099 Preference to state residents.—
 6189         (1) Each contract for construction that is funded by state
 6190  funds must contain a provision requiring the contractor to give
 6191  preference to the employment of state residents in the
 6192  performance of the work on the project if state residents have
 6193  substantially equal qualifications to those of nonresidents. A
 6194  contract for construction funded by local funds may contain such
 6195  a provision.
 6196         (b) A contractor required to employ state residents must
 6197  contact the Department of Economic Opportunity Agency for
 6198  Workforce Innovation to post the contractor’s employment needs
 6199  in the state’s job bank system.
 6200         Section 118. Subsection (4) of section 258.004, Florida
 6201  Statutes, is amended to read:
 6202         258.004 Duties of division.—
 6203         (4) The Division of Recreation and Parks shall provide
 6204  consultation assistance to the Department of Community Affairs
 6205  and to local governing units as to the protection, organization,
 6206  and administration of local recreation systems and the planning
 6207  and design of local recreation areas and facilities.
 6208         Section 119. Paragraph (b) of subsection (1) of section
 6209  259.035, Florida Statutes, is amended to read:
 6210         259.035 Acquisition and Restoration Council.—
 6211         (1) There is created the Acquisition and Restoration
 6212  Council.
 6213         (b) The four five remaining appointees shall be composed of
 6214  the Secretary of Environmental Protection, the director of the
 6215  Division of Forestry of the Department of Agriculture and
 6216  Consumer Services, the executive director of the Fish and
 6217  Wildlife Conservation Commission, and the director of the
 6218  Division of Historical Resources of the Department of State, and
 6219  the secretary of the Department of Community Affairs, or their
 6220  respective designees.
 6221         Section 120. Paragraphs (c) and (j) of subsection (3) of
 6222  section 259.105, Florida Statutes, are amended to read:
 6223         259.105 The Florida Forever Act.—
 6224         (3) Less the costs of issuing and the costs of funding
 6225  reserve accounts and other costs associated with bonds, the
 6226  proceeds of cash payments or bonds issued pursuant to this
 6227  section shall be deposited into the Florida Forever Trust Fund
 6228  created by s. 259.1051. The proceeds shall be distributed by the
 6229  Department of Environmental Protection in the following manner:
 6230         (c) Twenty-one percent to the Department of Environmental
 6231  Protection Community Affairs for use by the Florida Communities
 6232  Trust for the purposes of part III of chapter 380, as described
 6233  and limited by this subsection, and grants to local governments
 6234  or nonprofit environmental organizations that are tax-exempt
 6235  under s. 501(c)(3) of the United States Internal Revenue Code
 6236  for the acquisition of community-based projects, urban open
 6237  spaces, parks, and greenways to implement local government
 6238  comprehensive plans. From funds available to the trust and used
 6239  for land acquisition, 75 percent shall be matched by local
 6240  governments on a dollar-for-dollar basis. The Legislature
 6241  intends that the Florida Communities Trust emphasize funding
 6242  projects in low-income or otherwise disadvantaged communities
 6243  and projects that provide areas for direct water access and
 6244  water-dependent facilities that are open to the public and offer
 6245  public access by vessels to waters of the state, including boat
 6246  ramps and associated parking and other support facilities. At
 6247  least 30 percent of the total allocation provided to the trust
 6248  shall be used in Standard Metropolitan Statistical Areas, but
 6249  one-half of that amount shall be used in localities in which the
 6250  project site is located in built-up commercial, industrial, or
 6251  mixed-use areas and functions to intersperse open spaces within
 6252  congested urban core areas. From funds allocated to the trust,
 6253  no less than 5 percent shall be used to acquire lands for
 6254  recreational trail systems, provided that in the event these
 6255  funds are not needed for such projects, they will be available
 6256  for other trust projects. Local governments may use federal
 6257  grants or loans, private donations, or environmental mitigation
 6258  funds, including environmental mitigation funds required
 6259  pursuant to s. 338.250, for any part or all of any local match
 6260  required for acquisitions funded through the Florida Communities
 6261  Trust. Any lands purchased by nonprofit organizations using
 6262  funds allocated under this paragraph must provide for such lands
 6263  to remain permanently in public use through a reversion of title
 6264  to local or state government, conservation easement, or other
 6265  appropriate mechanism. Projects funded with funds allocated to
 6266  the Trust shall be selected in a competitive process measured
 6267  against criteria adopted in rule by the Trust.
 6268         (j) Two and five-tenths percent to the Department of
 6269  Environmental Protection Community Affairs for the acquisition
 6270  of land and capital project expenditures necessary to implement
 6271  the Stan Mayfield Working Waterfronts Program within the Florida
 6272  communities trust pursuant to s. 380.5105.
 6273         Section 121. Paragraph (d) of subsection (1) of section
 6274  260.0142, Florida Statutes, is amended to read:
 6275         260.0142 Florida Greenways and Trails Council; composition;
 6276  powers and duties.—
 6277         (1) There is created within the department the Florida
 6278  Greenways and Trails Council which shall advise the department
 6279  in the execution of the department’s powers and duties under
 6280  this chapter. The council shall be composed of 20 21 members,
 6281  consisting of:
 6282         (d) The 9 10 remaining members shall include:
 6283         1. The Secretary of Environmental Protection or a designee.
 6284         2. The executive director of the Fish and Wildlife
 6285  Conservation Commission or a designee.
 6286         3. The Secretary of Community Affairs or a designee.
 6287         3.4. The Secretary of Transportation or a designee.
 6288         4.5. The Director of the Division of Forestry of the
 6289  Department of Agriculture and Consumer Services or a designee.
 6290         5.6. The director of the Division of Historical Resources
 6291  of the Department of State or a designee.
 6292         6.7. A representative of the water management districts.
 6293  Membership on the council shall rotate among the five districts.
 6294  The districts shall determine the order of rotation.
 6295         7.8. A representative of a federal land management agency.
 6296  The Secretary of Environmental Protection shall identify the
 6297  appropriate federal agency and request designation of a
 6298  representative from the agency to serve on the council.
 6299         8.9. A representative of the regional planning councils to
 6300  be appointed by the Secretary of Environmental Protection in
 6301  consultation with the Secretary of Community Affairs. Membership
 6302  on the council shall rotate among the seven regional planning
 6303  councils. The regional planning councils shall determine the
 6304  order of rotation.
 6305         9.10. A representative of local governments to be appointed
 6306  by the Secretary of Environmental Protection in consultation
 6307  with the Secretary of Community Affairs. Membership shall
 6308  alternate between a county representative and a municipal
 6309  representative.
 6310         Section 122. Paragraph (b) of subsection (4) of section
 6311  267.0625, Florida Statutes, is amended to read:
 6312         267.0625 Abrogation of offensive and derogatory geographic
 6313  place names.—
 6314         (4) The division shall:
 6315         (b) Notify the Department of Transportation, the Department
 6316  of Economic Opportunity Office of Tourism, Trade, and Economic
 6317  Development, the Department of Management Services, and any
 6318  other entity that compiles information for or develops maps or
 6319  markers for the state of the name change so that it may be
 6320  reflected on subsequent editions of any maps, informational
 6321  literature, or markers produced by those entities.
 6322         Section 123. Section 272.11, Florida Statutes, is amended
 6323  to read:
 6324         272.11 Capitol information center.—Enterprise Florida,
 6325  Inc., The Florida Commission on Tourism shall establish,
 6326  maintain, and operate a Capitol information center somewhere
 6327  within the area of the Capitol Center and employ personnel or
 6328  enter into contracts to maintain same.
 6329         Section 124. Paragraph (a) of subsection (4) of section
 6330  282.34, Florida Statutes, is amended to read:
 6331         282.34 Statewide e-mail service.—A state e-mail system that
 6332  includes the delivery and support of e-mail, messaging, and
 6333  calendaring capabilities is established as an enterprise
 6334  information technology service as defined in s. 282.0041. The
 6335  service shall be designed to meet the needs of all executive
 6336  branch agencies. The primary goals of the service are to
 6337  minimize the state investment required to establish, operate,
 6338  and support the statewide service; reduce the cost of current e
 6339  mail operations and the number of duplicative e-mail systems;
 6340  and eliminate the need for each state agency to maintain its own
 6341  e-mail staff.
 6342         (4) All agencies must be completely migrated to the
 6343  statewide e-mail service as soon as financially and
 6344  operationally feasible, but no later than June 30, 2015.
 6345         (a) The following statewide e-mail service implementation
 6346  schedule is established for state agencies:
 6347         1. Phase 1.—The following agencies must be completely
 6348  migrated to the statewide e-mail system by June 30, 2012: the
 6349  Agency for Enterprise Information Technology; the Department of
 6350  Community Affairs, including the Division of Emergency
 6351  Management; the Department of Corrections; the Department of
 6352  Health; the Department of Highway Safety and Motor Vehicles; the
 6353  Department of Management Services, including the Division of
 6354  Administrative Hearings, the Division of Retirement, the
 6355  Commission on Human Relations, and the Public Employees
 6356  Relations Commission; the Southwood Shared Resource Center; and
 6357  the Department of Revenue.
 6358         2. Phase 2.—The following agencies must be completely
 6359  migrated to the statewide e-mail system by June 30, 2013: the
 6360  Department of Business and Professional Regulation; the
 6361  Department of Education, including the Board of Governors; the
 6362  Department of Environmental Protection; the Department of
 6363  Juvenile Justice; the Department of the Lottery; the Department
 6364  of State; the Department of Law Enforcement; the Department of
 6365  Veterans’ Affairs; the Judicial Administration Commission; the
 6366  Public Service Commission; and the Statewide Guardian Ad Litem
 6367  Office.
 6368         3. Phase 3.—The following agencies must be completely
 6369  migrated to the statewide e-mail system by June 30, 2014: the
 6370  Agency for Health Care Administration; the Agency for Workforce
 6371  Innovation; the Department of Financial Services, including the
 6372  Office of Financial Regulation and the Office of Insurance
 6373  Regulation; the Department of Agriculture and Consumer Services;
 6374  the Executive Office of the Governor, including the Division of
 6375  Emergency Management; the Department of Transportation; the Fish
 6376  and Wildlife Conservation Commission; the Agency for Persons
 6377  With Disabilities; the Northwood Shared Resource Center; and the
 6378  State Board of Administration.
 6379         4. Phase 4.—The following agencies must be completely
 6380  migrated to the statewide e-mail system by June 30, 2015: the
 6381  Department of Children and Family Services; the Department of
 6382  Citrus; the Department of Elderly Affairs; the Department of
 6383  Economic Opportunity; and the Department of Legal Affairs.
 6384         Section 125. Paragraphs (a) and (d) of subsection (1) and
 6385  subsection (4) of section 282.709, Florida Statutes, are amended
 6386  to read:
 6387         282.709 State agency law enforcement radio system and
 6388  interoperability network.—
 6389         (1) The department may acquire and administer a statewide
 6390  radio communications system to serve law enforcement units of
 6391  state agencies, and to serve local law enforcement agencies
 6392  through mutual aid channels.
 6393         (a) The department shall, in conjunction with the
 6394  Department of Law Enforcement and the Division of Emergency
 6395  Management of the Department of Community Affairs, establish
 6396  policies, procedures, and standards to be incorporated into a
 6397  comprehensive management plan for the use and operation of the
 6398  statewide radio communications system.
 6399         (d) The department shall exercise its powers and duties
 6400  under this part to plan, manage, and administer the mutual aid
 6401  channels in the statewide radio communication system.
 6402         1. In implementing such powers and duties, the department
 6403  shall consult and act in conjunction with the Department of Law
 6404  Enforcement and the Division of Emergency Management of the
 6405  Department of Community Affairs, and shall manage and administer
 6406  the mutual aid channels in a manner that reasonably addresses
 6407  the needs and concerns of the involved law enforcement agencies
 6408  and emergency response agencies and entities.
 6409         2. The department may make the mutual aid channels
 6410  available to federal agencies, state agencies, and agencies of
 6411  the political subdivisions of the state for the purpose of
 6412  public safety and domestic security.
 6413         (4) The department may create and administer an
 6414  interoperability network to enable interoperability between
 6415  various radio communications technologies and to serve federal
 6416  agencies, state agencies, and agencies of political subdivisions
 6417  of the state for the purpose of public safety and domestic
 6418  security.
 6419         (a) The department shall, in conjunction with the
 6420  Department of Law Enforcement and the Division of Emergency
 6421  Management of the Department of Community Affairs, exercise its
 6422  powers and duties pursuant to this chapter to plan, manage, and
 6423  administer the interoperability network. The office may:
 6424         1. Enter into mutual aid agreements among federal agencies,
 6425  state agencies, and political subdivisions of the state for the
 6426  use of the interoperability network.
 6427         2. Establish the cost of maintenance and operation of the
 6428  interoperability network and charge subscribing federal and
 6429  local law enforcement agencies for access and use of the
 6430  network. The department may not charge state law enforcement
 6431  agencies identified in paragraph (2)(a) to use the network.
 6432         3. In consultation with the Department of Law Enforcement
 6433  and the Division of Emergency Management of the Department of
 6434  Community Affairs, amend and enhance the statewide radio
 6435  communications system as necessary to implement the
 6436  interoperability network.
 6437         (b) The department, in consultation with the Joint Task
 6438  Force on State Agency Law Enforcement Communications, and in
 6439  conjunction with the Department of Law Enforcement and the
 6440  Division of Emergency Management of the Department of Community
 6441  Affairs, shall establish policies, procedures, and standards to
 6442  incorporate into a comprehensive management plan for the use and
 6443  operation of the interoperability network.
 6444         Section 126. Subsection (2) of section 287.0931, Florida
 6445  Statutes, is amended to read:
 6446         287.0931 Minority business enterprises; participation in
 6447  bond underwriting.—
 6448         (2) To meet such participation requirement, the minority
 6449  firm must have full-time employees located in this state, must
 6450  have a permanent place of business located in this state, and
 6451  must be a firm which is at least 51-percent-owned by minority
 6452  persons as defined in s. 288.703(3). However, for the purpose of
 6453  bond underwriting only, the requirement that the minority person
 6454  be a permanent resident of this state does shall not apply.
 6455         Section 127. Paragraph (e) of subsection (2) of section
 6456  287.0943, Florida Statutes, is amended to read:
 6457         287.0943 Certification of minority business enterprises.—
 6458         (2)
 6459         (e) In assessing the status of ownership and control,
 6460  certification criteria shall, at a minimum:
 6461         1. Link ownership by a minority person, as defined in s.
 6462  288.703(3), or as dictated by the legal obligations of a
 6463  certifying organization, to day-to-day control and financial
 6464  risk by the qualifying minority owner, and to demonstrated
 6465  expertise or licensure of a minority owner in any trade or
 6466  profession that the minority business enterprise will offer to
 6467  the state when certified. Businesses must comply with all state
 6468  licensing requirements before prior to becoming certified as a
 6469  minority business enterprise.
 6470         2. If present ownership was obtained by transfer, require
 6471  the minority person on whom eligibility is based to have owned
 6472  at least 51 percent of the applicant firm for a minimum of 2
 6473  years, when any previous majority ownership interest in the firm
 6474  was by a nonminority who is or was a relative, former employer,
 6475  or current employer of the minority person on whom eligibility
 6476  is based. This requirement does shall not apply to minority
 6477  persons who are otherwise eligible who take a 51-percent-or
 6478  greater interest in a firm that requires professional licensure
 6479  to operate and who will be the qualifying licenseholder for the
 6480  firm when certified. A transfer made within a related immediate
 6481  family group from a nonminority person to a minority person in
 6482  order to establish ownership by a minority person shall be
 6483  deemed to have been made solely for purposes of satisfying
 6484  certification criteria and shall render such ownership invalid
 6485  for purposes of qualifying for such certification if the
 6486  combined total net asset value of all members of such family
 6487  group exceeds $1 million. For purposes of this subparagraph, the
 6488  term “related immediate family group” means one or more children
 6489  under 16 years of age and a parent of such children or the
 6490  spouse of such parent residing in the same house or living unit.
 6491         3. Require that prospective certified minority business
 6492  enterprises be currently performing or seeking to perform a
 6493  useful business function. A “useful business function” is
 6494  defined as a business function which results in the provision of
 6495  materials, supplies, equipment, or services to customers. Acting
 6496  as a conduit to transfer funds to a nonminority business does
 6497  not constitute a useful business function unless it is done so
 6498  in a normal industry practice. As used in this section, the term
 6499  “acting as a conduit” means, in part, not acting as a regular
 6500  dealer by making sales of material, goods, or supplies from
 6501  items bought, kept in stock, and regularly sold to the public in
 6502  the usual course of business. Brokers, manufacturer’s
 6503  representatives, sales representatives, and nonstocking
 6504  distributors are considered as conduits that do not perform a
 6505  useful business function, unless normal industry practice
 6506  dictates.
 6507         Section 128. Paragraph (n) of subsection (4) of section
 6508  287.09451, Florida Statutes, is amended to read:
 6509         287.09451 Office of Supplier Diversity; powers, duties, and
 6510  functions.—
 6511         (4) The Office of Supplier Diversity shall have the
 6512  following powers, duties, and functions:
 6513         (n)1. To develop procedures to be used by an agency in
 6514  identifying commodities, contractual services, architectural and
 6515  engineering services, and construction contracts, except those
 6516  architectural, engineering, construction, or other related
 6517  services or contracts subject to the provisions of chapter 339,
 6518  that could be provided by minority business enterprises. Each
 6519  agency is encouraged to spend 21 percent of the moneys actually
 6520  expended for construction contracts, 25 percent of the moneys
 6521  actually expended for architectural and engineering contracts,
 6522  24 percent of the moneys actually expended for commodities, and
 6523  50.5 percent of the moneys actually expended for contractual
 6524  services during the previous fiscal year, except for the state
 6525  university construction program which shall be based upon public
 6526  education capital outlay projections for the subsequent fiscal
 6527  year, and reported to the Legislature pursuant to s. 216.023,
 6528  for the purpose of entering into contracts with certified
 6529  minority business enterprises as defined in s. 288.703(2), or
 6530  approved joint ventures. However, in the event of budget
 6531  reductions pursuant to s. 216.221, the base amounts may be
 6532  adjusted to reflect such reductions. The overall spending goal
 6533  for each industry category shall be subdivided as follows:
 6534         a. For construction contracts: 4 percent for black
 6535  Americans, 6 percent for Hispanic-Americans, and 11 percent for
 6536  American women.
 6537         b. For architectural and engineering contracts: 9 percent
 6538  for Hispanic-Americans, 1 percent for Asian-Americans, and 15
 6539  percent for American women.
 6540         c. For commodities: 2 percent for black Americans, 4
 6541  percent for Hispanic-Americans, 0.5 percent for Asian-Americans,
 6542  0.5 percent for Native Americans, and 17 percent for American
 6543  women.
 6544         d. For contractual services: 6 percent for black Americans,
 6545  7 percent for Hispanic-Americans, 1 percent for Asian-Americans,
 6546  0.5 percent for Native Americans, and 36 percent for American
 6547  women.
 6548         2. For the purposes of commodities contracts for the
 6549  purchase of equipment to be used in the construction and
 6550  maintenance of state transportation facilities involving the
 6551  Department of Transportation, the terms “minority business
 6552  enterprise” and has the same meaning as provided in s. 288.703.
 6553  “minority person” have has the same meanings meaning as provided
 6554  in s. 288.703(3). In order to ensure that the goals established
 6555  under this paragraph for contracting with certified minority
 6556  business enterprises are met, the department, with the
 6557  assistance of the Office of Supplier Diversity, shall make
 6558  recommendations to the Legislature on revisions to the goals,
 6559  based on an updated statistical analysis, at least once every 5
 6560  years. Such recommendations shall be based on statistical data
 6561  indicating the availability of and disparity in the use of
 6562  minority businesses contracting with the state. The results of
 6563  the first updated disparity study must be presented to the
 6564  Legislature no later than December 1, 1996.
 6565         3. In determining the base amounts for assessing compliance
 6566  with this paragraph, the Office of Supplier Diversity may
 6567  develop, by rule, guidelines for all agencies to use in
 6568  establishing such base amounts. These rules must include, but
 6569  are not limited to, guidelines for calculation of base amounts,
 6570  a deadline for the agencies to submit base amounts, a deadline
 6571  for approval of the base amounts by the Office of Supplier
 6572  Diversity, and procedures for adjusting the base amounts as a
 6573  result of budget reductions made pursuant to s. 216.221.
 6574         4. To determine guidelines for the use of price
 6575  preferences, weighted preference formulas, or other preferences,
 6576  as appropriate to the particular industry or trade, to increase
 6577  the participation of minority businesses in state contracting.
 6578  These guidelines shall include consideration of:
 6579         a. Size and complexity of the project.
 6580         b. The concentration of transactions with minority business
 6581  enterprises for the commodity or contractual services in
 6582  question in prior agency contracting.
 6583         c. The specificity and definition of work allocated to
 6584  participating minority business enterprises.
 6585         d. The capacity of participating minority business
 6586  enterprises to complete the tasks identified in the project.
 6587         e. The available pool of minority business enterprises as
 6588  prime contractors, either alone or as partners in an approved
 6589  joint venture that serves as the prime contractor.
 6590         5. To determine guidelines for use of joint ventures to
 6591  meet minority business enterprises spending goals. For purposes
 6592  of this section, “joint venture” means any association of two or
 6593  more business concerns to carry out a single business enterprise
 6594  for profit, for which purpose they combine their property,
 6595  capital, efforts, skills, and knowledge. The guidelines shall
 6596  allow transactions with joint ventures to be eligible for credit
 6597  against the minority business enterprise goals of an agency when
 6598  the contracting joint venture demonstrates that at least one
 6599  partner to the joint venture is a certified minority business
 6600  enterprise as defined in s. 288.703, and that such partner is
 6601  responsible for a clearly defined portion of the work to be
 6602  performed, and shares in the ownership, control, management,
 6603  responsibilities, risks, and profits of the joint venture. Such
 6604  demonstration shall be by verifiable documents and sworn
 6605  statements and may be reviewed by the Office of Supplier
 6606  Diversity at or before the time a contract bid, proposal, or
 6607  reply is submitted. An agency may count toward its minority
 6608  business enterprise goals a portion of the total dollar amount
 6609  of a contract equal to the percentage of the ownership and
 6610  control held by the qualifying certified minority business
 6611  partners in the contracting joint venture, so long as the joint
 6612  venture meets the guidelines adopted by the office.
 6613         Section 129. Subsections (1) and (5) of section 287.0947,
 6614  Florida Statutes, are amended to read:
 6615         287.0947 Florida Advisory Council on Small and Minority
 6616  Business Development; creation; membership; duties.—
 6617         (1) On or after October 1, 1996, The Secretary of
 6618  Management Services the Department of Labor and Employment
 6619  Security may create the Florida Advisory Council on Small and
 6620  Minority Business Development with the purpose of advising and
 6621  assisting the secretary in carrying out the secretary’s duties
 6622  with respect to minority businesses and economic and business
 6623  development. It is the intent of the Legislature that the
 6624  membership of such council include practitioners, laypersons,
 6625  financiers, and others with business development experience who
 6626  can provide invaluable insight and expertise for this state in
 6627  the diversification of its markets and networking of business
 6628  opportunities. The council shall initially consist of 19
 6629  persons, each of whom is or has been actively engaged in small
 6630  and minority business development, either in private industry,
 6631  in governmental service, or as a scholar of recognized
 6632  achievement in the study of such matters. Initially, the council
 6633  shall consist of members representing all regions of the state
 6634  and shall include at least one member from each group identified
 6635  within the definition of “minority person” in s. 288.703(3),
 6636  considering also gender and nationality subgroups, and shall
 6637  consist of the following:
 6638         (a) Four members consisting of representatives of local and
 6639  federal small and minority business assistance programs or
 6640  community development programs.
 6641         (b) Eight members composed of representatives of the
 6642  minority private business sector, including certified minority
 6643  business enterprises and minority supplier development councils,
 6644  among whom at least two shall be women and at least four shall
 6645  be minority persons.
 6646         (c) Two representatives of local government, one of whom
 6647  shall be a representative of a large local government, and one
 6648  of whom shall be a representative of a small local government.
 6649         (d) Two representatives from the banking and insurance
 6650  industry.
 6651         (e) Two members from the private business sector,
 6652  representing the construction and commodities industries.
 6653         (f) A member from the board of directors of Enterprise
 6654  Florida, Inc The chairperson of the Florida Black Business
 6655  Investment Board or the chairperson’s designee.
 6656  
 6657  A candidate for appointment may be considered if eligible to be
 6658  certified as an owner of a minority business enterprise, or if
 6659  otherwise qualified under the criteria above. Vacancies may be
 6660  filled by appointment of the secretary, in the manner of the
 6661  original appointment.
 6662         (5) The powers and duties of the council include, but are
 6663  not limited to: researching and reviewing the role of small and
 6664  minority businesses in the state’s economy; reviewing issues and
 6665  emerging topics relating to small and minority business economic
 6666  development; studying the ability of financial markets and
 6667  institutions to meet small business credit needs and determining
 6668  the impact of government demands on credit for small businesses;
 6669  assessing the implementation of s. 187.201(21) 187.201(22),
 6670  requiring a state economic development comprehensive plan, as it
 6671  relates to small and minority businesses; assessing the
 6672  reasonableness and effectiveness of efforts by any state agency
 6673  or by all state agencies collectively to assist minority
 6674  business enterprises; and advising the Governor, the secretary,
 6675  and the Legislature on matters relating to small and minority
 6676  business development which are of importance to the
 6677  international strategic planning and activities of this state.
 6678         Section 130. Section 288.012, Florida Statutes, is amended
 6679  to read:
 6680         288.012 State of Florida international foreign offices;
 6681  state protocol officer; protocol manual.—The Legislature finds
 6682  that the expansion of international trade and tourism is vital
 6683  to the overall health and growth of the economy of this state.
 6684  This expansion is hampered by the lack of technical and business
 6685  assistance, financial assistance, and information services for
 6686  businesses in this state. The Legislature finds that these
 6687  businesses could be assisted by providing these services at
 6688  State of Florida international foreign offices. The Legislature
 6689  further finds that the accessibility and provision of services
 6690  at these offices can be enhanced through cooperative agreements
 6691  or strategic alliances between private businesses and state
 6692  entities, local entities, and international governmental foreign
 6693  entities, and private businesses.
 6694         (1) The department Office of Tourism, Trade, and Economic
 6695  Development is authorized to:
 6696         (a) Establish and operate offices in other foreign
 6697  countries for the purpose of promoting the trade and economic
 6698  development opportunities of the state, and promoting the
 6699  gathering of trade data information and research on trade
 6700  opportunities in specific countries.
 6701         (b) Enter into agreements with governmental and private
 6702  sector entities to establish and operate offices in other
 6703  foreign countries which contain containing provisions that which
 6704  may be in conflict with the general laws of the state pertaining
 6705  to the purchase of office space, employment of personnel, and
 6706  contracts for services. When agreements pursuant to this section
 6707  are made which set compensation in another country’s foreign
 6708  currency, such agreements shall be subject to the requirements
 6709  of s. 215.425, but the purchase of another country’s foreign
 6710  currency by the department Office of Tourism, Trade, and
 6711  Economic Development to meet such obligations shall be subject
 6712  only to s. 216.311.
 6713         (2) Each international foreign office shall have in place
 6714  an operational plan approved by the participating boards or
 6715  other governing authority, a copy of which shall be provided to
 6716  the department Office of Tourism, Trade, and Economic
 6717  Development. These operating plans shall be reviewed and updated
 6718  each fiscal year and shall include, at a minimum, the following:
 6719         (a) Specific policies and procedures encompassing the
 6720  entire scope of the operation and management of each office.
 6721         (b) A comprehensive, commercial strategic plan identifying
 6722  marketing opportunities and industry sector priorities for the
 6723  foreign country or area in which an international a foreign
 6724  office is located.
 6725         (c) Provisions for access to information for Florida
 6726  businesses related to through the Florida Trade Data Center.
 6727  Each foreign office shall obtain and forward trade leads and
 6728  inquiries to the center on a regular basis.
 6729         (d) Identification of new and emerging market opportunities
 6730  for Florida businesses. Each foreign office shall provide the
 6731  Florida Trade Data Center with a compilation of foreign buyers
 6732  and importers in industry sector priority areas on an annual
 6733  basis. In return, the Florida Trade Data Center shall make
 6734  available to each foreign office, and to Enterprise Florida,
 6735  Inc., the Florida Commission on Tourism, the Florida Ports
 6736  Council, the Department of State, the Department of Citrus, and
 6737  the Department of Agriculture and Consumer Services, trade
 6738  industry, commodity, and opportunity information. This
 6739  information shall be provided to such offices and entities
 6740  either free of charge or on a fee basis with fees set only to
 6741  recover the costs of providing the information.
 6742         (e) Provision of access for Florida businesses to the
 6743  services of the Florida Trade Data Center, international trade
 6744  assistance services provided by state and local entities,
 6745  seaport and airport information, and other services identified
 6746  by the department Office of Tourism, Trade, and Economic
 6747  Development.
 6748         (f) Qualitative and quantitative performance measures for
 6749  each office, including, but not limited to, the number of
 6750  businesses assisted, the number of trade leads and inquiries
 6751  generated, the number of international foreign buyers and
 6752  importers contacted, and the amount and type of marketing
 6753  conducted.
 6754         (3) By October 1 of each year, each international foreign
 6755  office shall submit to the department Office of Tourism, Trade,
 6756  and Economic Development a complete and detailed report on its
 6757  activities and accomplishments during the preceding fiscal year.
 6758  In a format provided by Enterprise Florida, Inc., the report
 6759  must set forth information on:
 6760         (a) The number of Florida companies assisted.
 6761         (b) The number of inquiries received about investment
 6762  opportunities in this state.
 6763         (c) The number of trade leads generated.
 6764         (d) The number of investment projects announced.
 6765         (e) The estimated U.S. dollar value of sales confirmations.
 6766         (f) The number of representation agreements.
 6767         (g) The number of company consultations.
 6768         (h) Barriers or other issues affecting the effective
 6769  operation of the office.
 6770         (i) Changes in office operations which are planned for the
 6771  current fiscal year.
 6772         (j) Marketing activities conducted.
 6773         (k) Strategic alliances formed with organizations in the
 6774  country in which the office is located.
 6775         (l) Activities conducted with Florida’s other Florida
 6776  international foreign offices.
 6777         (m) Any other information that the office believes would
 6778  contribute to an understanding of its activities.
 6779         (4) The Department of Economic Opportunity Office of
 6780  Tourism, Trade, and Economic Development, in connection with the
 6781  establishment, operation, and management of any of its offices
 6782  located in another a foreign country, is exempt from the
 6783  provisions of ss. 255.21, 255.25, and 255.254 relating to
 6784  leasing of buildings; ss. 283.33 and 283.35 relating to bids for
 6785  printing; ss. 287.001-287.20 relating to purchasing and motor
 6786  vehicles; and ss. 282.003-282.0056 and 282.702-282.7101 relating
 6787  to communications, and from all statutory provisions relating to
 6788  state employment.
 6789         (a) The department Office of Tourism, Trade, and Economic
 6790  Development may exercise such exemptions only upon prior
 6791  approval of the Governor.
 6792         (b) If approval for an exemption under this section is
 6793  granted as an integral part of a plan of operation for a
 6794  specified international foreign office, such action shall
 6795  constitute continuing authority for the department Office of
 6796  Tourism, Trade, and Economic Development to exercise the
 6797  exemption, but only in the context and upon the terms originally
 6798  granted. Any modification of the approved plan of operation with
 6799  respect to an exemption contained therein must be resubmitted to
 6800  the Governor for his or her approval. An approval granted to
 6801  exercise an exemption in any other context shall be restricted
 6802  to the specific instance for which the exemption is to be
 6803  exercised.
 6804         (c) As used in this subsection, the term “plan of
 6805  operation” means the plan developed pursuant to subsection (2).
 6806         (d) Upon final action by the Governor with respect to a
 6807  request to exercise the exemption authorized in this subsection,
 6808  the department Office of Tourism, Trade, and Economic
 6809  Development shall report such action, along with the original
 6810  request and any modifications thereto, to the President of the
 6811  Senate and the Speaker of the House of Representatives within 30
 6812  days.
 6813         (5) Where feasible and appropriate, international and
 6814  subject to s. 288.1224(9), foreign offices established and
 6815  operated under this section may provide one-stop access to the
 6816  economic development, trade, and tourism information, services,
 6817  and programs of the state. Where feasible and appropriate, and
 6818  subject to s. 288.1224(9), such offices may also be collocated
 6819  with other international foreign offices of the state.
 6820         (6) The department Office of Tourism, Trade, and Economic
 6821  Development is authorized to make and to enter into contracts
 6822  with Enterprise Florida, Inc., and the Florida Commission on
 6823  Tourism to carry out the provisions of this section. The
 6824  authority, duties, and exemptions provided in this section apply
 6825  to Enterprise Florida, Inc., and the Florida Commission on
 6826  Tourism to the same degree and subject to the same conditions as
 6827  applied to the department Office of Tourism, Trade, and Economic
 6828  Development. To the greatest extent possible, such contracts
 6829  shall include provisions for cooperative agreements or strategic
 6830  alliances between private businesses and state entities,
 6831  international, foreign entities, and local governmental
 6832  entities, and private businesses to operate international
 6833  foreign offices.
 6834         (7) The Governor may designate a state protocol officer.
 6835  The state protocol officer shall be housed within the Executive
 6836  Office of the Governor. In consultation with the Governor and
 6837  other governmental officials, the state protocol officer shall
 6838  develop, maintain, publish, and distribute the state protocol
 6839  manual.
 6840         Section 131. Subsections (1) and (3) of section 288.017,
 6841  Florida Statutes, are amended to read:
 6842         288.017 Cooperative advertising matching grants program.—
 6843         (1) Enterprise Florida, Inc., The Florida Commission on
 6844  Tourism is authorized to establish a cooperative advertising
 6845  matching grants program and, pursuant thereto, to make
 6846  expenditures and enter into contracts with local governments and
 6847  nonprofit corporations for the purpose of publicizing the
 6848  tourism advantages of the state. The department Office of
 6849  Tourism, Trade, and Economic Development, based on
 6850  recommendations from Enterprise Florida, Inc. the Florida
 6851  Commission on Tourism, shall have final approval of grants
 6852  awarded through this program. Enterprise Florida, Inc., The
 6853  commission may contract with its direct-support organization to
 6854  administer the program.
 6855         (3) Enterprise Florida, Inc., The Florida Commission on
 6856  Tourism shall conduct an annual competitive selection process
 6857  for the award of grants under the program. In determining its
 6858  recommendations for the grant awards, the commission shall
 6859  consider the demonstrated need of the applicant for advertising
 6860  assistance, the feasibility and projected benefit of the
 6861  applicant’s proposal, the amount of nonstate funds that will be
 6862  leveraged, and such other criteria as the commission deems
 6863  appropriate. In evaluating grant applications, the department
 6864  Office shall consider recommendations from Enterprise Florida,
 6865  Inc. the Florida Commission on Tourism. The department Office,
 6866  however, has final approval authority for any grant under this
 6867  section.
 6868         Section 132. Section 288.018, Florida Statutes, is amended
 6869  to read:
 6870         288.018 Regional Rural Development Grants Program.—
 6871         (1) The department Office of Tourism, Trade, and Economic
 6872  Development shall establish a matching grant program to provide
 6873  funding to regionally based economic development organizations
 6874  representing rural counties and communities for the purpose of
 6875  building the professional capacity of their organizations. Such
 6876  matching grants may also be used by an economic development
 6877  organization to provide technical assistance to businesses
 6878  within the rural counties and communities that it serves. The
 6879  department Office of Tourism, Trade, and Economic Development is
 6880  authorized to approve, on an annual basis, grants to such
 6881  regionally based economic development organizations. The maximum
 6882  amount an organization may receive in any year will be $35,000,
 6883  or $100,000 in a rural area of critical economic concern
 6884  recommended by the Rural Economic Development Initiative and
 6885  designated by the Governor, and must be matched each year by an
 6886  equivalent amount of nonstate resources.
 6887         (2) In approving the participants, the department Office of
 6888  Tourism, Trade, and Economic Development shall consider the
 6889  demonstrated need of the applicant for assistance and require
 6890  the following:
 6891         (a) Documentation of official commitments of support from
 6892  each of the units of local government represented by the
 6893  regional organization.
 6894         (b) Demonstration that each unit of local government has
 6895  made a financial or in-kind commitment to the regional
 6896  organization.
 6897         (c) Demonstration that the private sector has made
 6898  financial or in-kind commitments to the regional organization.
 6899         (d) Demonstration that the organization is in existence and
 6900  actively involved in economic development activities serving the
 6901  region.
 6902         (e) Demonstration of the manner in which the organization
 6903  is or will coordinate its efforts with those of other local and
 6904  state organizations.
 6905         (3) The department Office of Tourism, Trade, and Economic
 6906  Development may also contract for the development of an
 6907  enterprise zone web portal or websites for each enterprise zone
 6908  which will be used to market the program for job creation in
 6909  disadvantaged urban and rural enterprise zones. Each enterprise
 6910  zone web page should include downloadable links to state forms
 6911  and information, as well as local message boards that help
 6912  businesses and residents receive information concerning zone
 6913  boundaries, job openings, zone programs, and neighborhood
 6914  improvement activities.
 6915         (4) The department Office of Tourism, Trade, and Economic
 6916  Development may expend up to $750,000 each fiscal year from
 6917  funds appropriated to the Rural Community Development Revolving
 6918  Loan Fund for the purposes outlined in this section. The
 6919  department Office of Tourism, Trade, and Economic Development
 6920  may contract with Enterprise Florida, Inc., for the
 6921  administration of the purposes specified in this section. Funds
 6922  released to Enterprise Florida, Inc., for this purpose shall be
 6923  released quarterly and shall be calculated based on the
 6924  applications in process.
 6925         Section 133. Subsection (4) of section 288.019, Florida
 6926  Statutes, is amended to read:
 6927         288.019 Rural considerations in grant review and evaluation
 6928  processes.—Notwithstanding any other law, and to the fullest
 6929  extent possible, the member agencies and organizations of the
 6930  Rural Economic Development Initiative (REDI) as defined in s.
 6931  288.0656(6)(a) shall review all grant and loan application
 6932  evaluation criteria to ensure the fullest access for rural
 6933  counties as defined in s. 288.0656(2) to resources available
 6934  throughout the state.
 6935         (4) For existing programs, the modified evaluation criteria
 6936  and scoring procedure must be delivered to the department Office
 6937  of Tourism, Trade, and Economic Development for distribution to
 6938  the REDI agencies and organizations. The REDI agencies and
 6939  organizations shall review and make comments. Future rules,
 6940  programs, evaluation criteria, and scoring processes must be
 6941  brought before a REDI meeting for review, discussion, and
 6942  recommendation to allow rural counties fuller access to the
 6943  state’s resources.
 6944         Section 134. Subsection (1) of section 288.021, Florida
 6945  Statutes, is amended to read:
 6946         288.021 Economic development liaison.—
 6947         (1) The heads of the Department of Transportation, the
 6948  Department of Environmental Protection and an additional member
 6949  appointed by the secretary of the department, the Department of
 6950  Labor and Employment Security, the Department of Education, the
 6951  Department of Community Affairs, the Department of Management
 6952  Services, the Department of Revenue, the Fish and Wildlife
 6953  Conservation Commission, each water management district, and
 6954  each Department of Transportation District office shall
 6955  designate a high-level staff member from within such agency to
 6956  serve as the economic development liaison for the agency. This
 6957  person shall report to the agency head and have general
 6958  knowledge both of the state’s permitting and other regulatory
 6959  functions and of the state’s economic goals, policies, and
 6960  programs. This person shall also be the primary point of contact
 6961  for the agency with the department Office of Tourism, Trade, and
 6962  Economic Development on issues and projects important to the
 6963  economic development of Florida, including its rural areas, to
 6964  expedite project review, to ensure a prompt, effective response
 6965  to problems arising with regard to permitting and regulatory
 6966  functions, and to work closely with the other economic
 6967  development liaisons to resolve interagency conflicts.
 6968         Section 135. Section 288.0251, Florida Statutes, is amended
 6969  to read:
 6970         288.0251 International development outreach activities in
 6971  Latin America and Caribbean Basin.—The department Office of
 6972  Tourism, Trade, and Economic Development may contract for the
 6973  implementation of Florida’s international volunteer corps to
 6974  provide short-term training and technical assistance activities
 6975  in Latin America and the Caribbean Basin. The entity contracted
 6976  under this section must require that such activities be
 6977  conducted by qualified volunteers who are citizens of the state.
 6978  The contracting agency must have a statewide focus and
 6979  experience in coordinating international volunteer programs.
 6980         Section 136. Subsection (1) of section 288.035, Florida
 6981  Statutes, is amended to read:
 6982         288.035 Economic development activities.—
 6983         (1) The Florida Public Service Commission may authorize
 6984  public utilities to recover reasonable economic development
 6985  expenses. For purposes of this section, recoverable “economic
 6986  development expenses” are those expenses described in subsection
 6987  (2) which are consistent with criteria to be established by
 6988  rules adopted by the department of Commerce as of June 30, 1996,
 6989  or as those criteria are later modified by the Office of
 6990  Tourism, Trade, and Economic Development.
 6991         Section 137. Section 288.037, Florida Statutes, is amended
 6992  to read:
 6993         288.037 Department of State; agreement with county tax
 6994  collector.—In order to further the economic development goals of
 6995  the state, and notwithstanding any law to the contrary, the
 6996  Department of State may enter into an agreement with the county
 6997  tax collector for the purpose of appointing the county tax
 6998  collector as the Department of State’s department’s agent to
 6999  accept applications for licenses or other similar registrations
 7000  and applications for renewals of licenses or other similar
 7001  registrations. The agreement must specify the time within which
 7002  the tax collector must forward any applications and accompanying
 7003  application fees to the Department of State.
 7004         Section 138. Subsection (3) of section 288.041, Florida
 7005  Statutes, is amended to read:
 7006         288.041 Solar energy industry; legislative findings and
 7007  policy; promotional activities.—
 7008         (3) By January 15 of each year, the Department of
 7009  Environmental Protection shall report to the Governor, the
 7010  President of the Senate, and the Speaker of the House of
 7011  Representatives on the impact of the solar energy industry on
 7012  the economy of this state and shall make any recommendations on
 7013  initiatives to further promote the solar energy industry as the
 7014  Department of Environmental Protection deems appropriate.
 7015         Section 139. Subsections (9) and (10) of section 288.047,
 7016  Florida Statutes, are amended to read:
 7017         288.047 Quick-response training for economic development.—
 7018         (9) Notwithstanding any other provision of law, eligible
 7019  matching contributions received under the Quick-Response
 7020  Training Program under this section may be counted toward the
 7021  private sector support of Enterprise Florida, Inc., under s.
 7022  288.904 s. 288.90151(5)(d).
 7023         (10) Workforce Florida, Inc., and Enterprise Florida, Inc.,
 7024  shall ensure maximum coordination and cooperation in
 7025  administering this section, in such a manner that any division
 7026  of responsibility between the two organizations which relates to
 7027  marketing or administering the Quick-Response Training Program
 7028  is not apparent to a business that inquires about or applies for
 7029  funding under this section. The organizations shall provide such
 7030  A business shall be provided with a single point of contact for
 7031  information and assistance.
 7032         Section 140. Section 288.063, Florida Statutes, is amended
 7033  to read:
 7034         288.063 Contracts for transportation projects.—
 7035         (1) The Department of Economic Opportunity may Office of
 7036  Tourism, Trade, and Economic Development is authorized to make,
 7037  and based on a recommendation from Enterprise Florida, Inc., to
 7038  approve, expenditures and enter into contracts for direct costs
 7039  of transportation projects with the appropriate governmental
 7040  body. Each application shall be reviewed and certified pursuant
 7041  to s. 288.061. The Department of Economic Opportunity Office of
 7042  Tourism, Trade, and Economic Development shall provide the
 7043  Department of Transportation, and the Department of
 7044  Environmental Protection, and the Department of Community
 7045  Affairs with an opportunity to formally review and comment on
 7046  recommended transportation projects, although the Department of
 7047  Economic Opportunity Office of Tourism, Trade, and Economic
 7048  Development has final approval authority for any project under
 7049  this section.
 7050         (2) Any contract with a governmental body for construction
 7051  of any transportation project executed by the Department of
 7052  Economic Opportunity Office of Tourism, Trade, and Economic
 7053  Development shall:
 7054         (a) Specify and identify the transportation project to be
 7055  constructed for a new or expanding business and the number of
 7056  full-time permanent jobs that will result from the project.
 7057         (b) Require that the appropriate governmental body award
 7058  the construction of the particular transportation project to the
 7059  lowest and best bidder in accordance with applicable state and
 7060  federal statutes or regulations unless the project can be
 7061  constructed with existing local government employees within the
 7062  contract period specified by the Department of Economic
 7063  Opportunity Office of Tourism, Trade, and Economic Development.
 7064         (c) Require that the appropriate governmental body provide
 7065  the department Office of Tourism, Trade, and Economic
 7066  Development with quarterly progress reports. Each quarterly
 7067  progress report shall contain a narrative description of the
 7068  work completed according to the project schedule, a description
 7069  of any change orders executed by the appropriate governmental
 7070  body, a budget summary detailing planned expenditures versus
 7071  actual expenditures, and identification of minority business
 7072  enterprises used as contractors and subcontractors. Records of
 7073  all progress payments made for work in connection with such
 7074  transportation projects, and any change orders executed by the
 7075  appropriate governmental body and payments made pursuant to such
 7076  orders, shall be maintained by that governmental body in
 7077  accordance with accepted governmental accounting principles and
 7078  practices and shall be subject to financial audit as required by
 7079  law. In addition, the appropriate governmental body, upon
 7080  completion and acceptance of the transportation project, shall
 7081  make certification to the department Office of Tourism, Trade,
 7082  and Economic Development that the project has been completed in
 7083  compliance with the terms and conditions of the contractual
 7084  agreements between the department Office of Tourism, Trade, and
 7085  Economic Development and the appropriate governmental body and
 7086  meets minimum construction standards established in accordance
 7087  with s. 336.045.
 7088         (d) Specify that the department Office of Tourism, Trade,
 7089  and Economic Development shall transfer funds upon receipt of a
 7090  request for funds from the local government, on no more than a
 7091  quarterly basis, consistent with project needs. A contract
 7092  totaling less than $200,000 is exempt from this transfer
 7093  requirement. The department may Office of Tourism, Trade, and
 7094  Economic Development shall not transfer any funds unless
 7095  construction has begun on the facility of the business on whose
 7096  behalf the award was made. Local governments shall expend funds
 7097  in a timely manner.
 7098         (e) Require that program funds be used only on those
 7099  transportation projects that have been properly reviewed and
 7100  approved in accordance with the criteria set forth in this
 7101  section.
 7102         (f) Require that the governing board of the appropriate
 7103  local governmental body agree by resolution to accept future
 7104  maintenance and other attendant costs occurring after completion
 7105  of the transportation project if the project is construction on
 7106  a county or municipal system.
 7107         (3) With respect to any contract executed pursuant to this
 7108  section, the term “transportation project” means a
 7109  transportation facility as defined in s. 334.03(31) which is
 7110  necessary in the judgment of the department Office of Tourism,
 7111  Trade, and Economic Development to facilitate the economic
 7112  development and growth of the state. Except for applications
 7113  received prior to July 1, 1996, Such transportation projects
 7114  shall be approved only as a consideration to attract new
 7115  employment opportunities to the state or expand or retain
 7116  employment in existing companies operating within the state, or
 7117  to allow for the construction or expansion of a state or federal
 7118  correctional facility in a county with a population of 75,000 or
 7119  less that creates new employment opportunities or expands or
 7120  retains employment in the county. The department Office of
 7121  Tourism, Trade, and Economic Development shall institute
 7122  procedures to ensure that small and minority businesses have
 7123  equal access to funding provided under this section. Funding for
 7124  approved transportation projects may include any expenses, other
 7125  than administrative costs and equipment purchases specified in
 7126  the contract, necessary for new, or improvement to existing,
 7127  transportation facilities. Funds made available pursuant to this
 7128  section may not be expended in connection with the relocation of
 7129  a business from one community to another community in this state
 7130  unless the department Office of Tourism, Trade, and Economic
 7131  Development determines that without such relocation the business
 7132  will move outside this state or determines that the business has
 7133  a compelling economic rationale for the relocation which creates
 7134  additional jobs. Subject to appropriation for projects under
 7135  this section, any appropriation greater than $10 million shall
 7136  be allocated to each of the districts of the Department of
 7137  Transportation to ensure equitable geographical distribution.
 7138  Such allocated funds that remain uncommitted by the third
 7139  quarter of the fiscal year shall be reallocated among the
 7140  districts based on pending project requests.
 7141         (4) The Department of Economic Opportunity Office of
 7142  Tourism, Trade, and Economic Development may adopt criteria by
 7143  which transportation projects are to be reviewed and certified
 7144  in accordance with s. 288.061. In approving transportation
 7145  projects for funding, the Department of Economic Opportunity
 7146  Office of Tourism, Trade, and Economic Development shall
 7147  consider factors including, but not limited to, the cost per job
 7148  created or retained considering the amount of transportation
 7149  funds requested; the average hourly rate of wages for jobs
 7150  created; the reliance on the program as an inducement for the
 7151  project’s location decision; the amount of capital investment to
 7152  be made by the business; the demonstrated local commitment; the
 7153  location of the project in an enterprise zone designated
 7154  pursuant to s. 290.0055; the location of the project in a
 7155  spaceport territory as defined in s. 331.304; the unemployment
 7156  rate of the surrounding area; the poverty rate of the community;
 7157  and the adoption of an economic element as part of its local
 7158  comprehensive plan in accordance with s. 163.3177(7)(j). The
 7159  Department of Economic Opportunity Office of Tourism, Trade, and
 7160  Economic Development may contact any agency it deems appropriate
 7161  for additional input regarding the approval of projects.
 7162         (5) A No project is not eligible for funding unless it that
 7163  has not been specified and identified by the Department of
 7164  Economic Opportunity Office of Tourism, Trade, and Economic
 7165  Development in accordance with subsection (4) before prior to
 7166  the initiation of construction shall be eligible for funding.
 7167         (6) The Department of Transportation shall review the
 7168  proposed projects to ensure proper coordination with
 7169  transportation projects included in the adopted work program and
 7170  may be the contracting agency when the project is on the State
 7171  Highway System. In addition, upon request by the appropriate
 7172  governmental body, the Department of Environmental Protection
 7173  may advise and assist it or plan and construct other such
 7174  transportation projects for it.
 7175         (7) For the purpose of this section, Space Florida may
 7176  serve as the local government or as the contracting agency for
 7177  transportation projects within spaceport territory as defined by
 7178  s. 331.304.
 7179         (8) Each local government receiving funds under this
 7180  section shall submit to the Department of Economic Opportunity
 7181  Office of Tourism, Trade, and Economic Development a financial
 7182  audit of the local entity conducted by an independent certified
 7183  public accountant. The Department of Economic Opportunity Office
 7184  of Tourism, Trade, and Economic Development shall develop
 7185  procedures to ensure that audits are received and reviewed in a
 7186  timely manner and that deficiencies or questioned costs noted in
 7187  the audit are resolved.
 7188         (9) The Department of Economic Opportunity Office of
 7189  Tourism, Trade, and Economic Development shall monitor on site
 7190  each grant recipient, including, but not limited to, the
 7191  construction of the business facility, to ensure compliance with
 7192  contractual requirements.
 7193         (10) In addition to the other provisions of this section,
 7194  projects that the Legislature deems necessary to facilitate the
 7195  economic development and growth of the state may be designated
 7196  and funded in the General Appropriations Act. Such
 7197  transportation projects create new employment opportunities,
 7198  expand transportation infrastructure, improve mobility, or
 7199  increase transportation innovation. The Department of Economic
 7200  Opportunity Office of Tourism, Trade, and Economic Development
 7201  shall enter into contracts with, and make expenditures to, the
 7202  appropriate entities for the costs of transportation projects
 7203  designated in the General Appropriations Act.
 7204         Section 141. Subsections (1), (2), and (3) of section
 7205  288.065, Florida Statutes, are amended to read:
 7206         288.065 Rural Community Development Revolving Loan Fund.—
 7207         (1) The Rural Community Development Revolving Loan Fund
 7208  Program is established within the department in the Office of
 7209  Tourism, Trade, and Economic Development to facilitate the use
 7210  of existing federal, state, and local financial resources by
 7211  providing local governments with financial assistance to further
 7212  promote the economic viability of rural communities. These funds
 7213  may be used to finance initiatives directed toward maintaining
 7214  or developing the economic base of rural communities, especially
 7215  initiatives addressing employment opportunities for residents of
 7216  these communities.
 7217         (2)(a) The program shall provide for long-term loans, loan
 7218  guarantees, and loan loss reserves to units of local
 7219  governments, or economic development organizations substantially
 7220  underwritten by a unit of local government, within counties with
 7221  populations of 75,000 or fewer, or within any county with a
 7222  population of 125,000 or fewer which is contiguous to a county
 7223  with a population of 75,000 or fewer, based on the most recent
 7224  official population estimate as determined under s. 186.901,
 7225  including those residing in incorporated areas and those
 7226  residing in unincorporated areas of the county, or to units of
 7227  local government, or economic development organizations
 7228  substantially underwritten by a unit of local government, within
 7229  a rural area of critical economic concern.
 7230         (b) Requests for loans shall be made by application to the
 7231  department Office of Tourism, Trade, and Economic Development.
 7232  Loans shall be made pursuant to agreements specifying the terms
 7233  and conditions agreed to between the applicant and the
 7234  department Office of Tourism, Trade, and Economic Development.
 7235  The loans shall be the legal obligations of the applicant.
 7236         (c) All repayments of principal and interest shall be
 7237  returned to the loan fund and made available for loans to other
 7238  applicants. However, in a rural area of critical economic
 7239  concern designated by the Governor, and upon approval by the
 7240  department Office of Tourism, Trade, and Economic Development,
 7241  repayments of principal and interest may be retained by the
 7242  applicant if such repayments are dedicated and matched to fund
 7243  regionally based economic development organizations representing
 7244  the rural area of critical economic concern.
 7245         (3) The department Office of Tourism, Trade, and Economic
 7246  Development shall manage the fund, establishing loan practices
 7247  that must include, but are not limited to, procedures for
 7248  establishing loan interest rates, uses of funding, application
 7249  procedures, and application review procedures. The department
 7250  Office of Tourism, Trade, and Economic Development shall have
 7251  final approval authority for any loan under this section.
 7252         Section 142. Subsections (1), (2), (3), and (4) of section
 7253  288.0655, Florida Statutes, are amended to read:
 7254         288.0655 Rural Infrastructure Fund.—
 7255         (1) There is created within the department Office of
 7256  Tourism, Trade, and Economic Development the Rural
 7257  Infrastructure Fund to facilitate the planning, preparing, and
 7258  financing of infrastructure projects in rural communities which
 7259  will encourage job creation, capital investment, and the
 7260  strengthening and diversification of rural economies by
 7261  promoting tourism, trade, and economic development.
 7262         (2)(a) Funds appropriated by the Legislature shall be
 7263  distributed by the department Office through grant programs that
 7264  maximize the use of federal, local, and private resources,
 7265  including, but not limited to, those available under the Small
 7266  Cities Community Development Block Grant Program.
 7267         (b) To facilitate access of rural communities and rural
 7268  areas of critical economic concern as defined by the Rural
 7269  Economic Development Initiative to infrastructure funding
 7270  programs of the Federal Government, such as those offered by the
 7271  United States Department of Agriculture and the United States
 7272  Department of Commerce, and state programs, including those
 7273  offered by Rural Economic Development Initiative agencies, and
 7274  to facilitate local government or private infrastructure funding
 7275  efforts, the department Office may award grants for up to 30
 7276  percent of the total infrastructure project cost. If an
 7277  application for funding is for a catalyst site, as defined in s.
 7278  288.0656, the department Office may award grants for up to 40
 7279  percent of the total infrastructure project cost. Eligible
 7280  projects must be related to specific job-creation or job
 7281  retention opportunities. Eligible projects may also include
 7282  improving any inadequate infrastructure that has resulted in
 7283  regulatory action that prohibits economic or community growth or
 7284  reducing the costs to community users of proposed infrastructure
 7285  improvements that exceed such costs in comparable communities.
 7286  Eligible uses of funds shall include improvements to public
 7287  infrastructure for industrial or commercial sites and upgrades
 7288  to or development of public tourism infrastructure. Authorized
 7289  infrastructure may include the following public or public
 7290  private partnership facilities: storm water systems;
 7291  telecommunications facilities; broadband facilities; roads or
 7292  other remedies to transportation impediments; nature-based
 7293  tourism facilities; or other physical requirements necessary to
 7294  facilitate tourism, trade, and economic development activities
 7295  in the community. Authorized infrastructure may also include
 7296  publicly or privately owned self-powered nature-based tourism
 7297  facilities, publicly owned telecommunications facilities, and
 7298  broadband facilities, and additions to the distribution
 7299  facilities of the existing natural gas utility as defined in s.
 7300  366.04(3)(c), the existing electric utility as defined in s.
 7301  366.02, or the existing water or wastewater utility as defined
 7302  in s. 367.021(12), or any other existing water or wastewater
 7303  facility, which owns a gas or electric distribution system or a
 7304  water or wastewater system in this state where:
 7305         1. A contribution-in-aid of construction is required to
 7306  serve public or public-private partnership facilities under the
 7307  tariffs of any natural gas, electric, water, or wastewater
 7308  utility as defined herein; and
 7309         2. Such utilities as defined herein are willing and able to
 7310  provide such service.
 7311         (c) To facilitate timely response and induce the location
 7312  or expansion of specific job creating opportunities, the
 7313  department Office may award grants for infrastructure
 7314  feasibility studies, design and engineering activities, or other
 7315  infrastructure planning and preparation activities. Authorized
 7316  grants shall be up to $50,000 for an employment project with a
 7317  business committed to create at least 100 jobs;, up to $150,000
 7318  for an employment project with a business committed to create at
 7319  least 300 jobs;, and up to $300,000 for a project in a rural
 7320  area of critical economic concern. Grants awarded under this
 7321  paragraph may be used in conjunction with grants awarded under
 7322  paragraph (b), provided that the total amount of both grants
 7323  does not exceed 30 percent of the total project cost. In
 7324  evaluating applications under this paragraph, the department
 7325  Office shall consider the extent to which the application seeks
 7326  to minimize administrative and consultant expenses.
 7327         (d) The department By September 1, 1999, the Office shall
 7328  participate in pursue execution of a memorandum of agreement
 7329  with the United States Department of Agriculture under which
 7330  state funds available through the Rural Infrastructure Fund may
 7331  be advanced, in excess of the prescribed state share, for a
 7332  project that has received from the United States Department of
 7333  Agriculture a preliminary determination of eligibility for
 7334  federal financial support. State funds in excess of the
 7335  prescribed state share which are advanced pursuant to this
 7336  paragraph and the memorandum of agreement shall be reimbursed
 7337  when funds are awarded under an application for federal funding.
 7338         (e) To enable local governments to access the resources
 7339  available pursuant to s. 403.973(18), the department Office may
 7340  award grants for surveys, feasibility studies, and other
 7341  activities related to the identification and preclearance review
 7342  of land which is suitable for preclearance review. Authorized
 7343  grants under this paragraph shall not exceed $75,000 each,
 7344  except in the case of a project in a rural area of critical
 7345  economic concern, in which case the grant shall not exceed
 7346  $300,000. Any funds awarded under this paragraph must be matched
 7347  at a level of 50 percent with local funds, except that any funds
 7348  awarded for a project in a rural area of critical economic
 7349  concern must be matched at a level of 33 percent with local
 7350  funds. If an application for funding is for a catalyst site, as
 7351  defined in s. 288.0656, the requirement for local match may be
 7352  waived pursuant to the process in s. 288.06561. In evaluating
 7353  applications under this paragraph, the department office shall
 7354  consider the extent to which the application seeks to minimize
 7355  administrative and consultant expenses.
 7356         (3) The department office, in consultation with Enterprise
 7357  Florida, Inc., the Florida Tourism Industry Marketing
 7358  Corporation VISIT Florida, the Department of Environmental
 7359  Protection, and the Florida Fish and Wildlife Conservation
 7360  Commission, as appropriate, shall review and certify
 7361  applications pursuant to s. 288.061. The review shall include an
 7362  evaluation of the economic benefit of the projects and their
 7363  long-term viability. The department office shall have final
 7364  approval for any grant under this section.
 7365         (4) By September 1, 2012 1999, the department office shall,
 7366  in consultation with the organizations listed in subsection (3),
 7367  and other organizations, reevaluate existing develop guidelines
 7368  and criteria governing submission of applications for funding,
 7369  review and evaluation of such applications, and approval of
 7370  funding under this section. The department office shall consider
 7371  factors including, but not limited to, the project’s potential
 7372  for enhanced job creation or increased capital investment, the
 7373  demonstration and level of local public and private commitment,
 7374  whether the project is located location of the project in an
 7375  enterprise zone, the location of the project in a community
 7376  development corporation service area, or in an urban high-crime
 7377  area as the location of the project in a county designated under
 7378  s. 212.097, the unemployment rate of the county in which the
 7379  project would be located surrounding area, and the poverty rate
 7380  of the community.
 7381         Section 143. Paragraph (b) of subsection (1), paragraphs
 7382  (b) and (e) of subsection (2), paragraph (a) of subsection (6),
 7383  and paragraphs (b) and (c) of subsection (7) of section
 7384  288.0656, Florida Statutes, are amended to read:
 7385         288.0656 Rural Economic Development Initiative.—
 7386         (1)(b) The Rural Economic Development Initiative, known as
 7387  “REDI,” is created within the department Office of Tourism,
 7388  Trade, and Economic Development, and the participation of state
 7389  and regional agencies in this initiative is authorized.
 7390         (2) As used in this section, the term:
 7391         (b) “Catalyst site” means a parcel or parcels of land
 7392  within a rural area of critical economic concern that has been
 7393  prioritized as a geographic site for economic development
 7394  through partnerships with state, regional, and local
 7395  organizations. The site must be reviewed by REDI and approved by
 7396  the department Office of Tourism, Trade, and Economic
 7397  Development for the purposes of locating a catalyst project.
 7398         (e) “Rural community” means:
 7399         1. A county with a population of 75,000 or fewer.
 7400         2. A county with a population of 125,000 or fewer which is
 7401  contiguous to a county with a population of 75,000 or fewer.
 7402         3. A municipality within a county described in subparagraph
 7403  1. or subparagraph 2.
 7404         4. An unincorporated federal enterprise community or an
 7405  incorporated rural city with a population of 25,000 or fewer and
 7406  an employment base focused on traditional agricultural or
 7407  resource-based industries, located in a county not defined as
 7408  rural, which has at least three or more of the economic distress
 7409  factors identified in paragraph (c) and verified by the
 7410  department Office of Tourism, Trade, and Economic Development.
 7411  
 7412  For purposes of this paragraph, population shall be determined
 7413  in accordance with the most recent official estimate pursuant to
 7414  s. 186.901.
 7415         (6)(a) By August 1 of each year, the head of each of the
 7416  following agencies and organizations shall designate a deputy
 7417  secretary or higher-level staff person from within the agency or
 7418  organization to serve as the REDI representative for the agency
 7419  or organization:
 7420         1. The Department of Community Affairs.
 7421         1.2. The Department of Transportation.
 7422         2.3. The Department of Environmental Protection.
 7423         3.4. The Department of Agriculture and Consumer Services.
 7424         4.5. The Department of State.
 7425         5.6. The Department of Health.
 7426         6.7. The Department of Children and Family Services.
 7427         7.8. The Department of Corrections.
 7428         9. The Agency for Workforce Innovation.
 7429         8.10. The Department of Education.
 7430         9.11. The Department of Juvenile Justice.
 7431         10.12. The Fish and Wildlife Conservation Commission.
 7432         11.13. Each water management district.
 7433         12.14. Enterprise Florida, Inc.
 7434         13.15. Workforce Florida, Inc.
 7435         14.16.The Florida Commission on Tourism or VISIT Florida.
 7436         15.17. The Florida Regional Planning Council Association.
 7437         16.18. The Agency for Health Care Administration.
 7438         17.19. The Institute of Food and Agricultural Sciences
 7439  (IFAS).
 7440  
 7441  An alternate for each designee shall also be chosen, and the
 7442  names of the designees and alternates shall be sent to the
 7443  executive director of the department Office of Tourism, Trade,
 7444  and Economic Development.
 7445         (7)
 7446         (b) Designation as a rural area of critical economic
 7447  concern under this subsection shall be contingent upon the
 7448  execution of a memorandum of agreement among the department
 7449  Office of Tourism, Trade, and Economic Development; the
 7450  governing body of the county; and the governing bodies of any
 7451  municipalities to be included within a rural area of critical
 7452  economic concern. Such agreement shall specify the terms and
 7453  conditions of the designation, including, but not limited to,
 7454  the duties and responsibilities of the county and any
 7455  participating municipalities to take actions designed to
 7456  facilitate the retention and expansion of existing businesses in
 7457  the area, as well as the recruitment of new businesses to the
 7458  area.
 7459         (c) Each rural area of critical economic concern may
 7460  designate catalyst projects, provided that each catalyst project
 7461  is specifically recommended by REDI, identified as a catalyst
 7462  project by Enterprise Florida, Inc., and confirmed as a catalyst
 7463  project by the department Office of Tourism, Trade, and Economic
 7464  Development. All state agencies and departments shall use all
 7465  available tools and resources to the extent permissible by law
 7466  to promote the creation and development of each catalyst project
 7467  and the development of catalyst sites.
 7468         Section 144. Subsections (2) and (3) of section 288.06561,
 7469  Florida Statutes, are amended to read:
 7470         288.06561 Reduction or waiver of financial match
 7471  requirements.—Notwithstanding any other law, the member agencies
 7472  and organizations of the Rural Economic Development Initiative
 7473  (REDI), as defined in s. 288.0656(6)(a), shall review the
 7474  financial match requirements for projects in rural areas as
 7475  defined in s. 288.0656(2).
 7476         (2) Agencies and organizations shall ensure that all
 7477  proposals are submitted to the department Office of Tourism,
 7478  Trade, and Economic Development for review by the REDI agencies.
 7479         (3) These proposals shall be delivered to the department
 7480  Office of Tourism, Trade, and Economic Development for
 7481  distribution to the REDI agencies and organizations. A meeting
 7482  of REDI agencies and organizations must be called within 30 days
 7483  after receipt of such proposals for REDI comment and
 7484  recommendations on each proposal.
 7485         Section 145. Subsections (2) and (4) of section 288.0657,
 7486  Florida Statutes, are amended to read:
 7487         288.0657 Florida rural economic development strategy
 7488  grants.—
 7489         (2) The department Office of Tourism, Trade, and Economic
 7490  Development may accept and administer moneys appropriated to the
 7491  department office for providing grants to assist rural
 7492  communities to develop and implement strategic economic
 7493  development plans.
 7494         (4) The department Enterprise Florida, Inc., and VISIT
 7495  Florida, shall establish criteria for reviewing grant
 7496  applications. These criteria shall include, but are not limited
 7497  to, the degree of participation and commitment by the local
 7498  community and the application’s consistency with local
 7499  comprehensive plans or the application’s proposal to ensure such
 7500  consistency. The department International Trade and Economic
 7501  Development Board of Enterprise Florida, Inc., and VISIT
 7502  Florida, shall review each application for a grant and shall
 7503  submit annually to the Office for approval a list of all
 7504  applications that are recommended by the board and VISIT
 7505  Florida, arranged in order of priority. The department office
 7506  may approve grants only to the extent that funds are
 7507  appropriated for such grants by the Legislature.
 7508         Section 146. Section 288.0658, Florida Statutes, is amended
 7509  to read:
 7510         288.0658 Nature-based recreation; promotion and other
 7511  assistance by Fish and Wildlife Conservation Commission.—The
 7512  Florida Fish and Wildlife Conservation Commission is directed to
 7513  assist Enterprise Florida, Inc. the Florida Commission on
 7514  Tourism; the Florida Tourism Industry Marketing Corporation,
 7515  doing business as VISIT Florida; convention and visitor bureaus;
 7516  tourist development councils; economic development
 7517  organizations; and local governments through the provision of
 7518  marketing advice, technical expertise, promotional support, and
 7519  product development related to nature-based recreation and
 7520  sustainable use of natural resources. In carrying out this
 7521  responsibility, the Florida Fish and Wildlife Conservation
 7522  Commission shall focus its efforts on fostering nature-based
 7523  recreation in rural communities and regions encompassing rural
 7524  communities. As used in this section, the term “nature-based
 7525  recreation” means leisure activities related to the state’s
 7526  lands, waters, and fish and wildlife resources, including, but
 7527  not limited to, wildlife viewing, fishing, hiking, canoeing,
 7528  kayaking, camping, hunting, backpacking, and nature photography.
 7529         Section 147. Section 288.0659, Florida Statutes, is amended
 7530  to read:
 7531         288.0659 Local Government Distressed Area Matching Grant
 7532  Program.—
 7533         (1) The Local Government Distressed Area Matching Grant
 7534  Program is created within the department Office of Tourism,
 7535  Trade, and Economic Development. The purpose of the program is
 7536  to stimulate investment in the state’s economy by providing
 7537  grants to match demonstrated business assistance by local
 7538  governments to attract and retain businesses in this state.
 7539         (2) As used in this section, the term:
 7540         (a) “Local government” means a county or municipality.
 7541         (b) “Office” means the Office of Tourism, Trade, and
 7542  Economic Development.
 7543         (b)(c) “Qualified business assistance” means economic
 7544  incentives provided by a local government for the purpose of
 7545  attracting or retaining a specific business, including, but not
 7546  limited to, suspensions, waivers, or reductions of impact fees
 7547  or permit fees; direct incentive payments; expenditures for
 7548  onsite or offsite improvements directly benefiting a specific
 7549  business; or construction or renovation of buildings for a
 7550  specific business.
 7551         (3) The department Office may accept and administer moneys
 7552  appropriated by the Legislature to the Office for providing
 7553  grants to match expenditures by local governments to attract or
 7554  retain businesses in this state.
 7555         (4) A local government may apply for grants to match
 7556  qualified business assistance made by the local government for
 7557  the purpose of attracting or retaining a specific business. A
 7558  local government may apply for no more than one grant per
 7559  targeted business. A local government may only have one
 7560  application pending with the department Office. Additional
 7561  applications may be filed after a previous application has been
 7562  approved or denied.
 7563         (5) To qualify for a grant, the business being targeted by
 7564  a local government must create at least 15 full-time jobs, must
 7565  be new to this state, must be expanding its operations in this
 7566  state, or would otherwise leave the state absent state and local
 7567  assistance, and the local government applying for the grant must
 7568  expedite its permitting processes for the target business by
 7569  accelerating the normal review and approval timelines. In
 7570  addition to these requirements, the department office shall
 7571  review the grant requests using the following evaluation
 7572  criteria, with priority given in descending order:
 7573         (a) The presence and degree of pervasive poverty,
 7574  unemployment, and general distress as determined pursuant to s.
 7575  290.0058 in the area where the business will locate, with
 7576  priority given to locations with greater degrees of poverty,
 7577  unemployment, and general distress.
 7578         (b) The extent of reliance on the local government
 7579  expenditure as an inducement for the business’s location
 7580  decision, with priority given to higher levels of local
 7581  government expenditure.
 7582         (c) The number of new full-time jobs created, with priority
 7583  given to higher numbers of jobs created.
 7584         (d) The average hourly wage for jobs created, with priority
 7585  given to higher average wages.
 7586         (e) The amount of capital investment to be made by the
 7587  business, with priority given to higher amounts of capital
 7588  investment.
 7589         (6) In evaluating grant requests, the department Office
 7590  shall take into consideration the need for grant assistance as
 7591  it relates to the local government’s general fund balance as
 7592  well as local incentive programs that are already in existence.
 7593         (7) Funds made available pursuant to this section may not
 7594  be expended in connection with the relocation of a business from
 7595  one community to another community in this state unless the
 7596  department Office determines that without such relocation the
 7597  business will move outside this state or determines that the
 7598  business has a compelling economic rationale for the relocation
 7599  which creates additional jobs. Funds made available pursuant to
 7600  this section may not be used by the receiving local government
 7601  to supplant matching commitments required of the local
 7602  government pursuant to other state or federal incentive
 7603  programs.
 7604         (8) Within 30 days after the department Office receives an
 7605  application for a grant, the department Office shall approve a
 7606  preliminary grant allocation or disapprove the application. The
 7607  preliminary grant allocation shall be based on estimates of
 7608  qualified business assistance submitted by the local government
 7609  and shall equal 50 percent of the amount of the estimated
 7610  qualified business assistance or $50,000, whichever is less. The
 7611  preliminary grant allocation shall be executed by contract with
 7612  the local government. The contract shall set forth the terms and
 7613  conditions, including the timeframes within which the final
 7614  grant award will be disbursed. The final grant award may not
 7615  exceed the preliminary grant allocation. The department Office
 7616  may approve preliminary grant allocations only to the extent
 7617  that funds are appropriated for such grants by the Legislature.
 7618         (a) Preliminary grant allocations that are revoked or
 7619  voluntarily surrendered shall be immediately available for
 7620  reallocation.
 7621         (b) Recipients of preliminary grant allocations shall
 7622  promptly report to the department Office the date on which the
 7623  local government’s permitting and approval process is completed
 7624  and the date on which all qualified business assistance is
 7625  completed.
 7626         (9) The department Office shall make a final grant award to
 7627  a local government within 30 days after receiving information
 7628  from the local government sufficient to demonstrate actual
 7629  qualified business assistance. An awarded grant amount shall
 7630  equal 50 percent of the amount of the qualified business
 7631  assistance or $50,000, whichever is less, and may not exceed the
 7632  preliminary grant allocation. The amount by which a preliminary
 7633  grant allocation exceeds a final grant award shall be
 7634  immediately available for reallocation.
 7635         (10) Up to 2 percent of the funds appropriated annually by
 7636  the Legislature for the program may be used by the department
 7637  Office for direct administrative costs associated with
 7638  implementing this section.
 7639         Section 148. Paragraph (a) of subsection (1) of section
 7640  288.075, Florida Statutes, is amended to read:
 7641         288.075 Confidentiality of records.—
 7642         (1) DEFINITIONS.—As used in this section, the term:
 7643         (a) “Economic development agency” means:
 7644         1. The Department of Economic Opportunity Office of
 7645  Tourism, Trade, and Economic Development;
 7646         2. Any industrial development authority created in
 7647  accordance with part III of chapter 159 or by special law;
 7648         3. Space Florida created in part II of chapter 331;
 7649         4. The public economic development agency of a county or
 7650  municipality or, if the county or municipality does not have a
 7651  public economic development agency, the county or municipal
 7652  officers or employees assigned the duty to promote the general
 7653  business interests or industrial interests of that county or
 7654  municipality or the responsibilities related thereto;
 7655         5. Any research and development authority created in
 7656  accordance with part V of chapter 159; or
 7657         6. Any private agency, person, partnership, corporation, or
 7658  business entity when authorized by the state, a municipality, or
 7659  a county to promote the general business interests or industrial
 7660  interests of the state or that municipality or county.
 7661         Section 149. Paragraphs (c), (h), (p), and (r) of
 7662  subsection (1), paragraphs (a), (d), (e), (f), (h) of subsection
 7663  (2), subsections (3) and (4), paragraphs (a), (d), (e), and (g)
 7664  of subsection (5), paragraphs (a), (b), and (c) of subsection
 7665  (6), and subsections (7) and (8) of section 288.1045, Florida
 7666  Statutes, are amended, and present paragraphs (i) through (u) of
 7667  subsection (1) are redesignated as paragraphs (h) through (s),
 7668  respectively, to read:
 7669         288.1045 Qualified defense contractor and space flight
 7670  business tax refund program.—
 7671         (1) DEFINITIONS.—As used in this section:
 7672         (c) “Business unit” means an employing unit, as defined in
 7673  s. 443.036, that is registered with the department Agency for
 7674  Workforce Innovation for unemployment compensation purposes or
 7675  means a subcategory or division of an employing unit that is
 7676  accepted by the department Agency for Workforce Innovation as a
 7677  reporting unit.
 7678         (h) “Director” means the director of the Office of Tourism,
 7679  Trade, and Economic Development.
 7680         (p) “Office” means the Office of Tourism, Trade, and
 7681  Economic Development.
 7682         (p)(r) “Qualified applicant” means an applicant that has
 7683  been approved by the department director to be eligible for tax
 7684  refunds pursuant to this section.
 7685         (2) GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.—
 7686         (a) There shall be allowed, from the Economic Development
 7687  Trust Fund, a refund to a qualified applicant for the amount of
 7688  eligible taxes certified by the department director which were
 7689  paid by such qualified applicant. The total amount of refunds
 7690  for all fiscal years for each qualified applicant shall be
 7691  determined pursuant to subsection (3). The annual amount of a
 7692  refund to a qualified applicant shall be determined pursuant to
 7693  subsection (5).
 7694         (d) Contingent upon an annual appropriation by the
 7695  Legislature, the department director may approve not more in tax
 7696  refunds than the amount appropriated to the Economic Development
 7697  Trust Fund for tax refunds, for a fiscal year pursuant to
 7698  subsection (5) and s. 288.095.
 7699         (e) For the first 6 months of each fiscal year, the
 7700  department director shall set aside 30 percent of the amount
 7701  appropriated for refunds pursuant to this section by the
 7702  Legislature to provide tax refunds only to qualified applicants
 7703  who employ 500 or fewer full-time employees in this state. Any
 7704  unencumbered funds remaining undisbursed from this set-aside at
 7705  the end of the 6-month period may be used to provide tax refunds
 7706  for any qualified applicants pursuant to this section.
 7707         (f) After entering into a tax refund agreement pursuant to
 7708  subsection (4), a qualified applicant may:
 7709         1. Receive refunds from the account for corporate income
 7710  taxes due and paid pursuant to chapter 220 by that business
 7711  beginning with the first taxable year of the business which
 7712  begins after entering into the agreement.
 7713         2. Receive refunds from the account for the following taxes
 7714  due and paid by that business after entering into the agreement:
 7715         a. Taxes on sales, use, and other transactions paid
 7716  pursuant to chapter 212.
 7717         b. Intangible personal property taxes paid pursuant to
 7718  chapter 199.
 7719         c. Emergency excise taxes paid pursuant to chapter 221.
 7720         d. Excise taxes paid on documents pursuant to chapter 201.
 7721         e. Ad valorem taxes paid, as defined in s. 220.03(1)(a) on
 7722  June 1, 1996.
 7723         f. State communications services taxes administered under
 7724  chapter 202. This provision does not apply to the gross receipts
 7725  tax imposed under chapter 203 and administered under chapter 202
 7726  or the local communications services tax authorized under s.
 7727  202.19.
 7728  
 7729  However, a qualified applicant may not receive a tax refund
 7730  pursuant to this section for any amount of credit, refund, or
 7731  exemption granted such contractor for any of such taxes. If a
 7732  refund for such taxes is provided by the department Office,
 7733  which taxes are subsequently adjusted by the application of any
 7734  credit, refund, or exemption granted to the qualified applicant
 7735  other than that provided in this section, the qualified
 7736  applicant shall reimburse the Economic Development Trust Fund
 7737  for the amount of such credit, refund, or exemption. A qualified
 7738  applicant must notify and tender payment to the office within 20
 7739  days after receiving a credit, refund, or exemption, other than
 7740  that provided in this section. The addition of communications
 7741  services taxes administered under chapter 202 is remedial in
 7742  nature and retroactive to October 1, 2001. The Office may make
 7743  supplemental tax refund payments to allow for tax refunds for
 7744  communications services taxes paid by an eligible qualified
 7745  defense contractor after October 1, 2001.
 7746         (h) Funds made available pursuant to this section may not
 7747  be expended in connection with the relocation of a business from
 7748  one community to another community in this state unless the
 7749  department Office of Tourism, Trade, and Economic Development
 7750  determines that without such relocation the business will move
 7751  outside this state or determines that the business has a
 7752  compelling economic rationale for the relocation which creates
 7753  additional jobs.
 7754         (3) APPLICATION PROCESS; REQUIREMENTS; AGENCY
 7755  DETERMINATION.—
 7756         (a) To apply for certification as a qualified applicant
 7757  pursuant to this section, an applicant must file an application
 7758  with the department Office which satisfies the requirements of
 7759  paragraphs (b) and (e), paragraphs (c) and (e), paragraphs (d)
 7760  and (e), or paragraphs (e) and (j). An applicant may not apply
 7761  for certification pursuant to this section after a proposal has
 7762  been submitted for a new Department of Defense contract, after
 7763  the applicant has made the decision to consolidate an existing
 7764  Department of Defense contract in this state for which such
 7765  applicant is seeking certification, after a proposal has been
 7766  submitted for a new space flight business contract in this
 7767  state, after the applicant has made the decision to consolidate
 7768  an existing space flight business contract in this state for
 7769  which such applicant is seeking certification, or after the
 7770  applicant has made the decision to convert defense production
 7771  jobs to nondefense production jobs for which such applicant is
 7772  seeking certification.
 7773         (b) Applications for certification based on the
 7774  consolidation of a Department of Defense contract or a new
 7775  Department of Defense contract must be submitted to the
 7776  department Office as prescribed by the department Office and
 7777  must include, but are not limited to, the following information:
 7778         1. The applicant’s federal employer identification number,
 7779  the applicant’s Florida sales tax registration number, and a
 7780  signature of an officer of the applicant.
 7781         2. The permanent location of the manufacturing, assembling,
 7782  fabricating, research, development, or design facility in this
 7783  state at which the project is or is to be located.
 7784         3. The Department of Defense contract numbers of the
 7785  contract to be consolidated, the new Department of Defense
 7786  contract number, or the “RFP” number of a proposed Department of
 7787  Defense contract.
 7788         4. The date the contract was executed or is expected to be
 7789  executed, and the date the contract is due to expire or is
 7790  expected to expire.
 7791         5. The commencement date for project operations under the
 7792  contract in this state.
 7793         6. The number of net new full-time equivalent Florida jobs
 7794  included in the project as of December 31 of each year and the
 7795  average wage of such jobs.
 7796         7. The total number of full-time equivalent employees
 7797  employed by the applicant in this state.
 7798         8. The percentage of the applicant’s gross receipts derived
 7799  from Department of Defense contracts during the 5 taxable years
 7800  immediately preceding the date the application is submitted.
 7801         9. The number of full-time equivalent jobs in this state to
 7802  be retained by the project.
 7803         10. A brief statement concerning the applicant’s need for
 7804  tax refunds, and the proposed uses of such refunds by the
 7805  applicant.
 7806         11. A resolution adopted by the governing board of the
 7807  county or municipality in which the project will be located,
 7808  which recommends the applicant be approved as a qualified
 7809  applicant, and which indicates that the necessary commitments of
 7810  local financial support for the applicant exist. Prior to the
 7811  adoption of the resolution, the county commission may review the
 7812  proposed public or private sources of such support and determine
 7813  whether the proposed sources of local financial support can be
 7814  provided or, for any applicant whose project is located in a
 7815  county designated by the Rural Economic Development Initiative,
 7816  a resolution adopted by the county commissioners of such county
 7817  requesting that the applicant’s project be exempt from the local
 7818  financial support requirement.
 7819         12. Any additional information requested by the department
 7820  Office.
 7821         (c) Applications for certification based on the conversion
 7822  of defense production jobs to nondefense production jobs must be
 7823  submitted to the department Office as prescribed by the
 7824  department Office and must include, but are not limited to, the
 7825  following information:
 7826         1. The applicant’s federal employer identification number,
 7827  the applicant’s Florida sales tax registration number, and a
 7828  signature of an officer of the applicant.
 7829         2. The permanent location of the manufacturing, assembling,
 7830  fabricating, research, development, or design facility in this
 7831  state at which the project is or is to be located.
 7832         3. The Department of Defense contract numbers of the
 7833  contract under which the defense production jobs will be
 7834  converted to nondefense production jobs.
 7835         4. The date the contract was executed, and the date the
 7836  contract is due to expire or is expected to expire, or was
 7837  canceled.
 7838         5. The commencement date for the nondefense production
 7839  operations in this state.
 7840         6. The number of net new full-time equivalent Florida jobs
 7841  included in the nondefense production project as of December 31
 7842  of each year and the average wage of such jobs.
 7843         7. The total number of full-time equivalent employees
 7844  employed by the applicant in this state.
 7845         8. The percentage of the applicant’s gross receipts derived
 7846  from Department of Defense contracts during the 5 taxable years
 7847  immediately preceding the date the application is submitted.
 7848         9. The number of full-time equivalent jobs in this state to
 7849  be retained by the project.
 7850         10. A brief statement concerning the applicant’s need for
 7851  tax refunds, and the proposed uses of such refunds by the
 7852  applicant.
 7853         11. A resolution adopted by the governing board of the
 7854  county or municipality in which the project will be located,
 7855  which recommends the applicant be approved as a qualified
 7856  applicant, and which indicates that the necessary commitments of
 7857  local financial support for the applicant exist. Prior to the
 7858  adoption of the resolution, the county commission may review the
 7859  proposed public or private sources of such support and determine
 7860  whether the proposed sources of local financial support can be
 7861  provided or, for any applicant whose project is located in a
 7862  county designated by the Rural Economic Development Initiative,
 7863  a resolution adopted by the county commissioners of such county
 7864  requesting that the applicant’s project be exempt from the local
 7865  financial support requirement.
 7866         12. Any additional information requested by the department
 7867  Office.
 7868         (d) Applications for certification based on a contract for
 7869  reuse of a defense-related facility must be submitted to the
 7870  department Office as prescribed by the department office and
 7871  must include, but are not limited to, the following information:
 7872         1. The applicant’s Florida sales tax registration number
 7873  and a signature of an officer of the applicant.
 7874         2. The permanent location of the manufacturing, assembling,
 7875  fabricating, research, development, or design facility in this
 7876  state at which the project is or is to be located.
 7877         3. The business entity holding a valid Department of
 7878  Defense contract or branch of the Armed Forces of the United
 7879  States that previously occupied the facility, and the date such
 7880  entity last occupied the facility.
 7881         4. A copy of the contract to reuse the facility, or such
 7882  alternative proof as may be prescribed by the department office
 7883  that the applicant is seeking to contract for the reuse of such
 7884  facility.
 7885         5. The date the contract to reuse the facility was executed
 7886  or is expected to be executed, and the date the contract is due
 7887  to expire or is expected to expire.
 7888         6. The commencement date for project operations under the
 7889  contract in this state.
 7890         7. The number of net new full-time equivalent Florida jobs
 7891  included in the project as of December 31 of each year and the
 7892  average wage of such jobs.
 7893         8. The total number of full-time equivalent employees
 7894  employed by the applicant in this state.
 7895         9. The number of full-time equivalent jobs in this state to
 7896  be retained by the project.
 7897         10. A brief statement concerning the applicant’s need for
 7898  tax refunds, and the proposed uses of such refunds by the
 7899  applicant.
 7900         11. A resolution adopted by the governing board of the
 7901  county or municipality in which the project will be located,
 7902  which recommends the applicant be approved as a qualified
 7903  applicant, and which indicates that the necessary commitments of
 7904  local financial support for the applicant exist. Before Prior to
 7905  the adoption of the resolution, the county commission may review
 7906  the proposed public or private sources of such support and
 7907  determine whether the proposed sources of local financial
 7908  support can be provided or, for any applicant whose project is
 7909  located in a county designated by the Rural Economic Development
 7910  Initiative, a resolution adopted by the county commissioners of
 7911  such county requesting that the applicant’s project be exempt
 7912  from the local financial support requirement.
 7913         12. Any additional information requested by the department
 7914  Office.
 7915         (e) To qualify for review by the department Office, the
 7916  application of an applicant must, at a minimum, establish the
 7917  following to the satisfaction of the department office:
 7918         1. The jobs proposed to be provided under the application,
 7919  pursuant to subparagraph (b)6., subparagraph (c)6., or
 7920  subparagraph (j)6., must pay an estimated annual average wage
 7921  equaling at least 115 percent of the average wage in the area
 7922  where the project is to be located.
 7923         2. The consolidation of a Department of Defense contract
 7924  must result in a net increase of at least 25 percent in the
 7925  number of jobs at the applicant’s facilities in this state or
 7926  the addition of at least 80 jobs at the applicant’s facilities
 7927  in this state.
 7928         3. The conversion of defense production jobs to nondefense
 7929  production jobs must result in net increases in nondefense
 7930  employment at the applicant’s facilities in this state.
 7931         4. The Department of Defense contract or the space flight
 7932  business contract cannot allow the business to include the costs
 7933  of relocation or retooling in its base as allowable costs under
 7934  a cost-plus, or similar, contract.
 7935         5. A business unit of the applicant must have derived not
 7936  less than 60 percent of its gross receipts in this state from
 7937  Department of Defense contracts or space flight business
 7938  contracts over the applicant’s last fiscal year, and must have
 7939  derived not less than an average of 60 percent of its gross
 7940  receipts in this state from Department of Defense contracts or
 7941  space flight business contracts over the 5 years preceding the
 7942  date an application is submitted pursuant to this section. This
 7943  subparagraph does not apply to any application for certification
 7944  based on a contract for reuse of a defense-related facility.
 7945         6. The reuse of a defense-related facility must result in
 7946  the creation of at least 100 jobs at such facility.
 7947         7. A new space flight business contract or the
 7948  consolidation of a space flight business contract must result in
 7949  net increases in space flight business employment at the
 7950  applicant’s facilities in this state.
 7951         (f) Each application meeting the requirements of paragraphs
 7952  (b) and (e), paragraphs (c) and (e), paragraphs (d) and (e), or
 7953  paragraphs (e) and (j) must be submitted to the department
 7954  office for a determination of eligibility. The department Office
 7955  shall review and evaluate each application based on, but not
 7956  limited to, the following criteria:
 7957         1. Expected contributions to the state strategic economic
 7958  development plan prepared by the department adopted by
 7959  Enterprise Florida, Inc., taking into account the extent to
 7960  which the project contributes to the state’s high-technology
 7961  base, and the long-term impact of the project and the applicant
 7962  on the state’s economy.
 7963         2. The economic benefit of the jobs created or retained by
 7964  the project in this state, taking into account the cost and
 7965  average wage of each job created or retained, and the potential
 7966  risk to existing jobs.
 7967         3. The amount of capital investment to be made by the
 7968  applicant in this state.
 7969         4. The local commitment and support for the project and
 7970  applicant.
 7971         5. The impact of the project on the local community, taking
 7972  into account the unemployment rate for the county where the
 7973  project will be located.
 7974         6. The dependence of the local community on the defense
 7975  industry or space flight business.
 7976         7. The impact of any tax refunds granted pursuant to this
 7977  section on the viability of the project and the probability that
 7978  the project will occur in this state if such tax refunds are
 7979  granted to the applicant, taking into account the expected long
 7980  term commitment of the applicant to economic growth and
 7981  employment in this state.
 7982         8. The length of the project, or the expected long-term
 7983  commitment to this state resulting from the project.
 7984         (g) Applications shall be reviewed and certified pursuant
 7985  to s. 288.061. If appropriate, the department director shall
 7986  enter into a written agreement with the qualified applicant
 7987  pursuant to subsection (4).
 7988         (h) The department director may not certify any applicant
 7989  as a qualified applicant when the value of tax refunds to be
 7990  included in that letter of certification exceeds the available
 7991  amount of authority to certify new businesses as determined in
 7992  s. 288.095(3). A letter of certification that approves an
 7993  application must specify the maximum amount of a tax refund that
 7994  is to be available to the contractor for each fiscal year and
 7995  the total amount of tax refunds for all fiscal years.
 7996         (i) This section does not create a presumption that an
 7997  applicant should receive any tax refunds under this section.
 7998         (j) Applications for certification based upon a new space
 7999  flight business contract or the consolidation of a space flight
 8000  business contract must be submitted to the department office as
 8001  prescribed by the department office and must include, but are
 8002  not limited to, the following information:
 8003         1. The applicant’s federal employer identification number,
 8004  the applicant’s Florida sales tax registration number, and a
 8005  signature of an officer of the applicant.
 8006         2. The permanent location of the space flight business
 8007  facility in this state where the project is or will be located.
 8008         3. The new space flight business contract number, the space
 8009  flight business contract numbers of the contract to be
 8010  consolidated, or the request-for-proposal number of a proposed
 8011  space flight business contract.
 8012         4. The date the contract was executed and the date the
 8013  contract is due to expire, is expected to expire, or was
 8014  canceled.
 8015         5. The commencement date for project operations under the
 8016  contract in this state.
 8017         6. The number of net new full-time equivalent Florida jobs
 8018  included in the project as of December 31 of each year and the
 8019  average wage of such jobs.
 8020         7. The total number of full-time equivalent employees
 8021  employed by the applicant in this state.
 8022         8. The percentage of the applicant’s gross receipts derived
 8023  from space flight business contracts during the 5 taxable years
 8024  immediately preceding the date the application is submitted.
 8025         9. The number of full-time equivalent jobs in this state to
 8026  be retained by the project.
 8027         10. A brief statement concerning the applicant’s need for
 8028  tax refunds and the proposed uses of such refunds by the
 8029  applicant.
 8030         11. A resolution adopted by the governing board of the
 8031  county or municipality in which the project will be located
 8032  which recommends the applicant be approved as a qualified
 8033  applicant and indicates that the necessary commitments of local
 8034  financial support for the applicant exist. Prior to the adoption
 8035  of the resolution, the county commission may review the proposed
 8036  public or private sources of such support and determine whether
 8037  the proposed sources of local financial support can be provided
 8038  or, for any applicant whose project is located in a county
 8039  designated by the Rural Economic Development Initiative, a
 8040  resolution adopted by the county commissioners of such county
 8041  requesting that the applicant’s project be exempt from the local
 8042  financial support requirement.
 8043         12. Any additional information requested by the department
 8044  office.
 8045         (4) QUALIFIED APPLICANT TAX REFUND AGREEMENT.—
 8046         (a) A qualified applicant shall enter into a written
 8047  agreement with the department Office containing, but not limited
 8048  to, the following:
 8049         1. The total number of full-time equivalent jobs in this
 8050  state that are or will be dedicated to the qualified applicant’s
 8051  project, the average wage of such jobs, the definitions that
 8052  will apply for measuring the achievement of these terms during
 8053  the pendency of the agreement, and a time schedule or plan for
 8054  when such jobs will be in place and active in this state.
 8055         2. The maximum amount of a refund that the qualified
 8056  applicant is eligible to receive for each fiscal year, based on
 8057  the job creation or retention and maintenance schedule specified
 8058  in subparagraph 1.
 8059         3. An agreement with the department Office allowing the
 8060  department Office to review and verify the financial and
 8061  personnel records of the qualified applicant to ascertain
 8062  whether the qualified applicant is complying with the
 8063  requirements of this section.
 8064         4. The date by which, in each fiscal year, the qualified
 8065  applicant may file a claim pursuant to subsection (5) to be
 8066  considered to receive a tax refund in the following fiscal year.
 8067         5. That local financial support shall be annually available
 8068  and will be paid to the Economic Development Trust Fund.
 8069         (b) Compliance with the terms and conditions of the
 8070  agreement is a condition precedent for receipt of tax refunds
 8071  each year. The failure to comply with the terms and conditions
 8072  of the agreement shall result in the loss of eligibility for
 8073  receipt of all tax refunds previously authorized pursuant to
 8074  this section, and the revocation of the certification as a
 8075  qualified applicant by the department director, unless the
 8076  qualified applicant is eligible to receive and elects to accept
 8077  a prorated refund under paragraph (5)(g) or the department
 8078  Office grants the qualified applicant an economic-stimulus
 8079  exemption.
 8080         1. A qualified applicant may submit, in writing, a request
 8081  to the department Office for an economic-stimulus exemption. The
 8082  request must provide quantitative evidence demonstrating how
 8083  negative economic conditions in the qualified applicant’s
 8084  industry, the effects of the impact of a named hurricane or
 8085  tropical storm, or specific acts of terrorism affecting the
 8086  qualified applicant have prevented the qualified applicant from
 8087  complying with the terms and conditions of its tax refund
 8088  agreement.
 8089         2. Upon receipt of a request under subparagraph 1., the
 8090  department director shall have 45 days to notify the requesting
 8091  qualified applicant, in writing, if its exemption has been
 8092  granted or denied. In determining if an exemption should be
 8093  granted, the department director shall consider the extent to
 8094  which negative economic conditions in the requesting qualified
 8095  applicant’s industry, the effects of the impact of a named
 8096  hurricane or tropical storm, or specific acts of terrorism
 8097  affecting the qualified applicant have prevented the qualified
 8098  applicant from complying with the terms and conditions of its
 8099  tax refund agreement.
 8100         3. As a condition for receiving a prorated refund under
 8101  paragraph (5)(g) or an economic-stimulus exemption under this
 8102  paragraph, a qualified applicant must agree to renegotiate its
 8103  tax refund agreement with the department Office to, at a
 8104  minimum, ensure that the terms of the agreement comply with
 8105  current law and the Office procedures of the department
 8106  governing application for and award of tax refunds. Upon
 8107  approving the award of a prorated refund or granting an
 8108  economic-stimulus exemption, the department Office shall
 8109  renegotiate the tax refund agreement with the qualified
 8110  applicant as required by this subparagraph. When amending the
 8111  agreement of a qualified applicant receiving an economic
 8112  stimulus exemption, the department Office may extend the
 8113  duration of the agreement for a period not to exceed 2 years.
 8114         4. A qualified applicant may submit a request for an
 8115  economic-stimulus exemption to the Office in lieu of any tax
 8116  refund claim scheduled to be submitted after January 1, 2005,
 8117  but before July 1, 2006.
 8118         4.5. A qualified applicant that receives an economic
 8119  stimulus exemption may not receive a tax refund for the period
 8120  covered by the exemption.
 8121         (c) The agreement shall be signed by the executive director
 8122  and the authorized officer of the qualified applicant.
 8123         (d) The agreement must contain the following legend,
 8124  clearly printed on its face in bold type of not less than 10
 8125  points:
 8126  
 8127         “This agreement is neither a general obligation of the
 8128         State of Florida, nor is it backed by the full faith
 8129         and credit of the State of Florida. Payment of tax
 8130         refunds are conditioned on and subject to specific
 8131         annual appropriations by the Florida Legislature of
 8132         funds sufficient to pay amounts authorized in s.
 8133         288.1045, Florida Statutes.”
 8134  
 8135         (5) ANNUAL CLAIM FOR REFUND.—
 8136         (a) To be eligible to claim any scheduled tax refund,
 8137  qualified applicants who have entered into a written agreement
 8138  with the department Office pursuant to subsection (4) and who
 8139  have entered into a valid new Department of Defense contract,
 8140  entered into a valid new space flight business contract,
 8141  commenced the consolidation of a space flight business contract,
 8142  commenced the consolidation of a Department of Defense contract,
 8143  commenced the conversion of defense production jobs to
 8144  nondefense production jobs, or entered into a valid contract for
 8145  reuse of a defense-related facility must apply by January 31 of
 8146  each fiscal year to the department Office for tax refunds
 8147  scheduled to be paid from the appropriation for the fiscal year
 8148  that begins on July 1 following the January 31 claims-submission
 8149  date. The department Office may, upon written request, grant a
 8150  30-day extension of the filing date. The application must
 8151  include a notarized signature of an officer of the applicant.
 8152         (d) The department director, with assistance from the
 8153  Office, the Department of Revenue, and the Agency for Workforce
 8154  Innovation, shall, by June 30 following the scheduled date for
 8155  submitting the tax refund claim, specify by written order the
 8156  approval or disapproval of the tax refund claim and, if
 8157  approved, the amount of the tax refund that is authorized to be
 8158  paid to the qualified applicant for the annual tax refund. The
 8159  department Office may grant an extension of this date upon the
 8160  request of the qualified applicant for the purpose of filing
 8161  additional information in support of the claim.
 8162         (e) The total amount of tax refunds approved by the
 8163  department director under this section in any fiscal year may
 8164  not exceed the amount authorized under s. 288.095(3).
 8165         (g) A prorated tax refund, less a 5 percent penalty, shall
 8166  be approved for a qualified applicant provided all other
 8167  applicable requirements have been satisfied and the applicant
 8168  proves to the satisfaction of the department director that it
 8169  has achieved at least 80 percent of its projected employment and
 8170  that the average wage paid by the qualified applicant is at
 8171  least 90 percent of the average wage specified in the tax refund
 8172  agreement, but in no case less than 115 percent of the average
 8173  private sector wage in the area available at the time of
 8174  certification. The prorated tax refund shall be calculated by
 8175  multiplying the tax refund amount for which the qualified
 8176  applicant would have been eligible, if all applicable
 8177  requirements had been satisfied, by the percentage of the
 8178  average employment specified in the tax refund agreement which
 8179  was achieved, and by the percentage of the average wages
 8180  specified in the tax refund agreement which was achieved.
 8181         (6) ADMINISTRATION.—
 8182         (a) The department Office may adopt rules pursuant to
 8183  chapter 120 for the administration of this section.
 8184         (b) The department Office may verify information provided
 8185  in any claim submitted for tax credits under this section with
 8186  regard to employment and wage levels or the payment of the taxes
 8187  with the appropriate agency or authority including the
 8188  Department of Revenue, the department Agency for Workforce
 8189  Innovation, or any local government or authority.
 8190         (c) To facilitate the process of monitoring and auditing
 8191  applications made under this program, the department Office may
 8192  provide a list of qualified applicants to the Department of
 8193  Revenue, to the Agency for Workforce Innovation, or to any local
 8194  government or authority. The department Office may request the
 8195  assistance of said entities with respect to monitoring jobs,
 8196  wages, and the payment of the taxes listed in subsection (2).
 8197         (7) Notwithstanding paragraphs (4)(a) and (5)(c), the
 8198  Office may approve a waiver of the local financial support
 8199  requirement for a business located in any of the following
 8200  counties in which businesses received emergency loans
 8201  administered by the Office in response to the named hurricanes
 8202  of 2004: Bay, Brevard, Charlotte, DeSoto, Escambia, Flagler,
 8203  Glades, Hardee, Hendry, Highlands, Indian River, Lake, Lee,
 8204  Martin, Okaloosa, Okeechobee, Orange, Osceola, Palm Beach, Polk,
 8205  Putnam, Santa Rosa, Seminole, St. Lucie, Volusia, and Walton. A
 8206  waiver may be granted only if the Office determines that the
 8207  local financial support cannot be provided or that doing so
 8208  would effect a demonstrable hardship on the unit of local
 8209  government providing the local financial support. If the Office
 8210  grants a waiver of the local financial support requirement, the
 8211  state shall pay 100 percent of the refund due to an eligible
 8212  business. The waiver shall apply for tax refund applications
 8213  made for fiscal years 2004-2005, 2005-2006, and 2006-2007.
 8214         (7)(8) EXPIRATION.—An applicant may not be certified as
 8215  qualified under this section after June 30, 2014. A tax refund
 8216  agreement existing on that date shall continue in effect in
 8217  accordance with its terms.
 8218         Section 150. Paragraphs (d), (f), (n), (p), (r), and (t) of
 8219  subsection (2), paragraphs (a), (b), (e), and (f) of subsection
 8220  (3), subsection (4), paragraphs (a), (b), and (c) of subsection
 8221  (5), paragraphs (a), (c), (f), and (g) of subsection (6), and
 8222  subsection (7) are amended, present paragraphs (g) through (u)
 8223  of subsection (2) are redesignated as paragraphs (f) through
 8224  (n), respectively, and subsection (8) is created in section
 8225  288.106, Florida Statutes, to read:
 8226         288.106 Tax refund program for qualified target industry
 8227  businesses.—
 8228         (2) DEFINITIONS.—As used in this section:
 8229         (d) “Business” means an employing unit, as defined in s.
 8230  443.036, that is registered for unemployment compensation
 8231  purposes with the state agency providing unemployment tax
 8232  collection services under contract with the Agency for Workforce
 8233  Innovation through an interagency agreement pursuant to s.
 8234  443.1316, or a subcategory or division of an employing unit that
 8235  is accepted by the state agency providing unemployment tax
 8236  collection services as a reporting unit.
 8237         (f) “Director” means the Director of the Office of Tourism,
 8238  Trade, and Economic Development.
 8239         (n) “Office” means the Office of Tourism, Trade, and
 8240  Economic Development.
 8241         (n)(p) “Qualified target industry business” means a target
 8242  industry business approved by the department Office to be
 8243  eligible for tax refunds under this section.
 8244         (q) “Return on investment” means the gain in state revenues
 8245  as a percentage of the state’s investment. The state’s
 8246  investment includes state grants, tax exemptions, tax refunds,
 8247  tax credits, and other state incentives.
 8248         (o)(r) “Rural city” means a city having a population of
 8249  10,000 or fewer, or a city having a population of greater than
 8250  10,000 but fewer than 20,000 that has been determined by the
 8251  department Office to have economic characteristics such as, but
 8252  not limited to, a significant percentage of residents on public
 8253  assistance, a significant percentage of residents with income
 8254  below the poverty level, or a significant percentage of the
 8255  city’s employment base in agriculture-related industries.
 8256         (q)(t) “Target industry business” means a corporate
 8257  headquarters business or any business that is engaged in one of
 8258  the target industries identified pursuant to the following
 8259  criteria developed by the department Office in consultation with
 8260  Enterprise Florida, Inc.:
 8261         1. Future growth.—Industry forecasts should indicate strong
 8262  expectation for future growth in both employment and output,
 8263  according to the most recent available data. Special
 8264  consideration should be given to businesses that export goods
 8265  to, or provide services in, international markets and businesses
 8266  that replace domestic and international imports of goods or
 8267  services.
 8268         2. Stability.—The industry should not be subject to
 8269  periodic layoffs, whether due to seasonality or sensitivity to
 8270  volatile economic variables such as weather. The industry should
 8271  also be relatively resistant to recession, so that the demand
 8272  for products of this industry is not typically subject to
 8273  decline during an economic downturn.
 8274         3. High wage.—The industry should pay relatively high wages
 8275  compared to statewide or area averages.
 8276         4. Market and resource independent.—The location of
 8277  industry businesses should not be dependent on Florida markets
 8278  or resources as indicated by industry analysis, except for
 8279  businesses in the renewable energy industry.
 8280         5. Industrial base diversification and strengthening.—The
 8281  industry should contribute toward expanding or diversifying the
 8282  state’s or area’s economic base, as indicated by analysis of
 8283  employment and output shares compared to national and regional
 8284  trends. Special consideration should be given to industries that
 8285  strengthen regional economies by adding value to basic products
 8286  or building regional industrial clusters as indicated by
 8287  industry analysis. Special consideration should also be given to
 8288  the development of strong industrial clusters that include
 8289  defense and homeland security businesses.
 8290         6. Positive economic impact benefits.—The industry is
 8291  expected to have strong positive economic impacts on or benefits
 8292  to the state or regional economies.
 8293  
 8294  The term does not include any business engaged in retail
 8295  industry activities; any electrical utility company; any
 8296  phosphate or other solid minerals severance, mining, or
 8297  processing operation; any oil or gas exploration or production
 8298  operation; or any business subject to regulation by the Division
 8299  of Hotels and Restaurants of the Department of Business and
 8300  Professional Regulation. Any business within NAICS code 5611 or
 8301  5614, office administrative services and business support
 8302  services, respectively, may be considered a target industry
 8303  business only after the local governing body and Enterprise
 8304  Florida, Inc., make a determination that the community where the
 8305  business may locate has conditions affecting the fiscal and
 8306  economic viability of the local community or area, including but
 8307  not limited to, factors such as low per capita income, high
 8308  unemployment, high underemployment, and a lack of year-round
 8309  stable employment opportunities, and such conditions may be
 8310  improved by the location of such a business to the community. By
 8311  January 1 of every 3rd year, beginning January 1, 2011, the
 8312  department Office, in consultation with Enterprise Florida,
 8313  Inc., economic development organizations, the State University
 8314  System, local governments, employee and employer organizations,
 8315  market analysts, and economists, shall review and, as
 8316  appropriate, revise the list of such target industries and
 8317  submit the list to the Governor, the President of the Senate,
 8318  and the Speaker of the House of Representatives.
 8319         (3) TAX REFUND; ELIGIBLE AMOUNTS.—
 8320         (a) There shall be allowed, from the account, a refund to a
 8321  qualified target industry business for the amount of eligible
 8322  taxes certified by the department Office that were paid by the
 8323  business. The total amount of refunds for all fiscal years for
 8324  each qualified target industry business must be determined
 8325  pursuant to subsection (4). The annual amount of a refund to a
 8326  qualified target industry business must be determined pursuant
 8327  to subsection (6).
 8328         (b)1. Upon approval by the department Office, a qualified
 8329  target industry business shall be allowed tax refund payments
 8330  equal to $3,000 multiplied by the number of jobs specified in
 8331  the tax refund agreement under subparagraph (5)(a)1., or equal
 8332  to $6,000 multiplied by the number of jobs if the project is
 8333  located in a rural community or an enterprise zone.
 8334         2. A qualified target industry business shall be allowed
 8335  additional tax refund payments equal to $1,000 multiplied by the
 8336  number of jobs specified in the tax refund agreement under
 8337  subparagraph (5)(a)1. if such jobs pay an annual average wage of
 8338  at least 150 percent of the average private sector wage in the
 8339  area, or equal to $2,000 multiplied by the number of jobs if
 8340  such jobs pay an annual average wage of at least 200 percent of
 8341  the average private sector wage in the area.
 8342         3. A qualified target industry business shall be allowed
 8343  tax refund payments in addition to the other payments authorized
 8344  in this paragraph equal to $1,000 multiplied by the number of
 8345  jobs specified in the tax refund agreement under subparagraph
 8346  (5)(a)1. if the local financial support is equal to that of the
 8347  state’s incentive award under subparagraph 1.
 8348         4. In addition to the other tax refund payments authorized
 8349  in this paragraph, a qualified target industry business shall be
 8350  allowed a tax refund payment equal to $2,000 multiplied by the
 8351  number of jobs specified in the tax refund agreement under
 8352  subparagraph (5)(a)1. if the business:
 8353         a. Falls within one of the high-impact sectors designated
 8354  under s. 288.108; or
 8355         b. Increases exports of its goods through a seaport or
 8356  airport in the state by at least 10 percent in value or tonnage
 8357  in each of the years that the business receives a tax refund
 8358  under this section. For purposes of this sub-subparagraph,
 8359  seaports in the state are limited to the ports of Jacksonville,
 8360  Tampa, Port Everglades, Miami, Port Canaveral, Ft. Pierce, Palm
 8361  Beach, Port Manatee, Port St. Joe, Panama City, St. Petersburg,
 8362  Pensacola, Fernandina, and Key West.
 8363         (e) However, a qualified target industry business may not
 8364  receive a refund under this section for any amount of credit,
 8365  refund, or exemption previously granted to that business for any
 8366  of the taxes listed in paragraph (d). If a refund for such taxes
 8367  is provided by the department office, which taxes are
 8368  subsequently adjusted by the application of any credit, refund,
 8369  or exemption granted to the qualified target industry business
 8370  other than as provided in this section, the business shall
 8371  reimburse the account for the amount of that credit, refund, or
 8372  exemption. A qualified target industry business shall notify and
 8373  tender payment to the department office within 20 days after
 8374  receiving any credit, refund, or exemption other than one
 8375  provided in this section.
 8376         (f) Refunds made available under this section may not be
 8377  expended in connection with the relocation of a business from
 8378  one community to another community in the state unless the
 8379  department Office determines that, without such relocation, the
 8380  business will move outside the state or determines that the
 8381  business has a compelling economic rationale for relocation and
 8382  that the relocation will create additional jobs.
 8383         (4) APPLICATION AND APPROVAL PROCESS.—
 8384         (a) To apply for certification as a qualified target
 8385  industry business under this section, the business must file an
 8386  application with the department Office before the business
 8387  decides to locate in this state or before the business decides
 8388  to expand its existing operations in this state. The application
 8389  must include, but need not be limited to, the following
 8390  information:
 8391         1. The applicant’s federal employer identification number
 8392  and, if applicable, state sales tax registration number.
 8393         2. The proposed permanent location of the applicant’s
 8394  facility in this state at which the project is to be located.
 8395         3. A description of the type of business activity or
 8396  product covered by the project, including a minimum of a five
 8397  digit NAICS code for all activities included in the project. As
 8398  used in this paragraph, “NAICS” means those classifications
 8399  contained in the North American Industry Classification System,
 8400  as published in 2007 by the Office of Management and Budget,
 8401  Executive Office of the President, and updated periodically.
 8402         4. The proposed number of net new full-time equivalent
 8403  Florida jobs at the qualified target industry business as of
 8404  December 31 of each year included in the project and the average
 8405  wage of those jobs. If more than one type of business activity
 8406  or product is included in the project, the number of jobs and
 8407  average wage for those jobs must be separately stated for each
 8408  type of business activity or product.
 8409         5. The total number of full-time equivalent employees
 8410  employed by the applicant in this state, if applicable.
 8411         6. The anticipated commencement date of the project.
 8412         7. A brief statement explaining the role that the estimated
 8413  tax refunds to be requested will play in the decision of the
 8414  applicant to locate or expand in this state.
 8415         8. An estimate of the proportion of the sales resulting
 8416  from the project that will be made outside this state.
 8417         9. An estimate of the proportion of the cost of the
 8418  machinery and equipment, and any other resources necessary in
 8419  the development of its product or service, to be used by the
 8420  business in its Florida operations which will be purchased
 8421  outside this state.
 8422         10. A resolution adopted by the governing board of the
 8423  county or municipality in which the project will be located,
 8424  which resolution recommends that the project be approved as a
 8425  qualified target industry business and specifies that the
 8426  commitments of local financial support necessary for the target
 8427  industry business exist. Before the passage of such resolution,
 8428  the department office may also accept an official letter from an
 8429  authorized local economic development agency that endorses the
 8430  proposed target industry project and pledges that sources of
 8431  local financial support for such project exist. For the purposes
 8432  of making pledges of local financial support under this
 8433  subparagraph, the authorized local economic development agency
 8434  shall be officially designated by the passage of a one-time
 8435  resolution by the local governing board.
 8436         11. Any additional information requested by the department
 8437  Office.
 8438         (b) To qualify for review by the department Office, the
 8439  application of a target industry business must, at a minimum,
 8440  establish the following to the satisfaction of the department
 8441  office:
 8442         1.a. The jobs proposed to be created under the application,
 8443  pursuant to subparagraph (a)4., must pay an estimated annual
 8444  average wage equaling at least 115 percent of the average
 8445  private sector wage in the area where the business is to be
 8446  located or the statewide private sector average wage. The
 8447  governing board of the local governmental entity providing the
 8448  local financial support of the jurisdiction county where the
 8449  qualified target industry business is to be located shall notify
 8450  the department Office and Enterprise Florida, Inc., which
 8451  calculation of the average private sector wage in the area must
 8452  be used as the basis for the business’s wage commitment. In
 8453  determining the average annual wage, the department Office shall
 8454  include only new proposed jobs, and wages for existing jobs
 8455  shall be excluded from this calculation.
 8456         b. The department Office may waive the average wage
 8457  requirement at the request of the local governing body
 8458  recommending the project and Enterprise Florida, Inc. The
 8459  department Office may waive the wage requirement for a project
 8460  located in a brownfield area designated under s. 376.80, in a
 8461  rural city, in a rural community, in an enterprise zone, or for
 8462  a manufacturing project at any location in the state if the jobs
 8463  proposed to be created pay an estimated annual average wage
 8464  equaling at least 100 percent of the average private sector wage
 8465  in the area where the business is to be located, only if the
 8466  merits of the individual project or the specific circumstances
 8467  in the community in relationship to the project warrant such
 8468  action. If the local governing body and Enterprise Florida,
 8469  Inc., make such a recommendation, it must be transmitted in
 8470  writing, and the specific justification for the waiver
 8471  recommendation must be explained. If the department Office
 8472  elects to waive the wage requirement, the waiver must be stated
 8473  in writing, and the reasons for granting the waiver must be
 8474  explained.
 8475         2. The target industry business’s project must result in
 8476  the creation of at least 10 jobs at the project and, in the case
 8477  of an expansion of an existing business, must result in a net
 8478  increase in employment of at least 10 percent at the business.
 8479  At the request of the local governing body recommending the
 8480  project and Enterprise Florida, Inc., the department Office may
 8481  waive this requirement for a business in a rural community or
 8482  enterprise zone if the merits of the individual project or the
 8483  specific circumstances in the community in relationship to the
 8484  project warrant such action. If the local governing body and
 8485  Enterprise Florida, Inc., make such a request, the request must
 8486  be transmitted in writing, and the specific justification for
 8487  the request must be explained. If the department Office elects
 8488  to grant the request, the grant must be stated in writing, and
 8489  the reason for granting the request must be explained.
 8490         3. The business activity or product for the applicant’s
 8491  project must be within an industry identified by the department
 8492  Office as a target industry business that contributes to the
 8493  economic growth of the state and the area in which the business
 8494  is located, that produces a higher standard of living for
 8495  residents of this state in the new global economy, or that can
 8496  be shown to make an equivalent contribution to the area’s and
 8497  state’s economic progress.
 8498         (c) Each application meeting the requirements of paragraph
 8499  (b) must be submitted to the department Office for determination
 8500  of eligibility. The department Office shall review and evaluate
 8501  each application based on, but not limited to, the following
 8502  criteria:
 8503         1. Expected contributions to the state’s economy,
 8504  consistent with the state strategic economic development plan
 8505  prepared by the department adopted by Enterprise Florida, Inc.
 8506         2. The economic benefits return on investment of the
 8507  proposed award of tax refunds under this section and the
 8508  economic benefits of return on investment for state incentives
 8509  proposed for the project. The term “economic benefits” has the
 8510  same meaning as in s. 288.005. The Office of Economic and
 8511  Demographic Research shall review and evaluate the methodology
 8512  and model used to calculate the economic benefits return on
 8513  investment and shall report its findings by September 1 of every
 8514  3rd year, beginning September 1, 2010, to the President of the
 8515  Senate and the Speaker of the House of Representatives.
 8516         3. The amount of capital investment to be made by the
 8517  applicant in this state.
 8518         4. The local financial commitment and support for the
 8519  project.
 8520         5. The effect of the project on the unemployment rate in
 8521  the county where the project will be located.
 8522         6. The effect of the award on the viability of the project
 8523  and the probability that the project would be undertaken in this
 8524  state if such tax refunds are granted to the applicant.
 8525         7. The expected long-term commitment of the applicant to
 8526  economic growth and employment in this state resulting from the
 8527  project.
 8528         8. A review of the business’s past activities in this state
 8529  or other states, including whether such business has been
 8530  subjected to criminal or civil fines and penalties. This
 8531  subparagraph does not require the disclosure of confidential
 8532  information.
 8533         (d) Applications shall be reviewed and certified pursuant
 8534  to s. 288.061. The department Office shall include in its review
 8535  projections of the tax refunds the business would be eligible to
 8536  receive in each fiscal year based on the creation and
 8537  maintenance of the net new Florida jobs specified in
 8538  subparagraph (a)4. as of December 31 of the preceding state
 8539  fiscal year. If appropriate, the department Office shall enter
 8540  into a written agreement with the qualified target industry
 8541  business pursuant to subsection (5).
 8542         (e) The department Office may not certify any target
 8543  industry business as a qualified target industry business if the
 8544  value of tax refunds to be included in that letter of
 8545  certification exceeds the available amount of authority to
 8546  certify new businesses as determined in s. 288.095(3). However,
 8547  if the commitments of local financial support represent less
 8548  than 20 percent of the eligible tax refund payments, or to
 8549  otherwise preserve the viability and fiscal integrity of the
 8550  program, the department office may certify a qualified target
 8551  industry business to receive tax refund payments of less than
 8552  the allowable amounts specified in paragraph (3)(b). A letter of
 8553  certification that approves an application must specify the
 8554  maximum amount of tax refund that will be available to the
 8555  qualified industry business in each fiscal year and the total
 8556  amount of tax refunds that will be available to the business for
 8557  all fiscal years.
 8558         (f) This section does not create a presumption that an
 8559  applicant will receive any tax refunds under this section.
 8560  However, the department Office may issue nonbinding opinion
 8561  letters, upon the request of prospective applicants, as to the
 8562  applicants’ eligibility and the potential amount of refunds.
 8563         (5) TAX REFUND AGREEMENT.—
 8564         (a) Each qualified target industry business must enter into
 8565  a written agreement with the department Office that specifies,
 8566  at a minimum:
 8567         1. The total number of full-time equivalent jobs in this
 8568  state that will be dedicated to the project, the average wage of
 8569  those jobs, the definitions that will apply for measuring the
 8570  achievement of these terms during the pendency of the agreement,
 8571  and a time schedule or plan for when such jobs will be in place
 8572  and active in this state.
 8573         2. The maximum amount of tax refunds that the qualified
 8574  target industry business is eligible to receive on the project
 8575  and the maximum amount of a tax refund that the qualified target
 8576  industry business is eligible to receive for each fiscal year,
 8577  based on the job creation and maintenance schedule specified in
 8578  subparagraph 1.
 8579         3. That the department Office may review and verify the
 8580  financial and personnel records of the qualified target industry
 8581  business to ascertain whether that business is in compliance
 8582  with this section.
 8583         4. The date by which, in each fiscal year, the qualified
 8584  target industry business may file a claim under subsection (6)
 8585  to be considered to receive a tax refund in the following fiscal
 8586  year.
 8587         5. That local financial support will be annually available
 8588  and will be paid to the account. The department Office may not
 8589  enter into a written agreement with a qualified target industry
 8590  business if the local financial support resolution is not passed
 8591  by the local governing body within 90 days after the department
 8592  Office has issued the letter of certification under subsection
 8593  (4).
 8594         6. That the department Office may conduct a review of the
 8595  business to evaluate whether the business is continuing to
 8596  contribute to the area’s or state’s economy.
 8597         7. That in the event the business does not complete the
 8598  agreement, the business will provide the department Office with
 8599  the reasons the business was unable to complete the agreement.
 8600         (b) Compliance with the terms and conditions of the
 8601  agreement is a condition precedent for the receipt of a tax
 8602  refund each year. The failure to comply with the terms and
 8603  conditions of the tax refund agreement results in the loss of
 8604  eligibility for receipt of all tax refunds previously authorized
 8605  under this section and the revocation by the department Office
 8606  of the certification of the business entity as a qualified
 8607  target industry business, unless the business is eligible to
 8608  receive and elects to accept a prorated refund under paragraph
 8609  (6)(e) or the department Office grants the business an economic
 8610  recovery extension.
 8611         1. A qualified target industry business may submit a
 8612  request to the department Office for an economic recovery
 8613  extension. The request must provide quantitative evidence
 8614  demonstrating how negative economic conditions in the business’s
 8615  industry, the effects of a named hurricane or tropical storm, or
 8616  specific acts of terrorism affecting the qualified target
 8617  industry business have prevented the business from complying
 8618  with the terms and conditions of its tax refund agreement.
 8619         2. Upon receipt of a request under subparagraph 1., the
 8620  department Office has 45 days to notify the requesting business,
 8621  in writing, whether its extension has been granted or denied. In
 8622  determining whether an extension should be granted, the
 8623  department Office shall consider the extent to which negative
 8624  economic conditions in the requesting business’s industry have
 8625  occurred in the state or the effects of a named hurricane or
 8626  tropical storm or specific acts of terrorism affecting the
 8627  qualified target industry business have prevented the business
 8628  from complying with the terms and conditions of its tax refund
 8629  agreement. The department Office shall consider current
 8630  employment statistics for this state by industry, including
 8631  whether the business’s industry had substantial job loss during
 8632  the prior year, when determining whether an extension shall be
 8633  granted.
 8634         3. As a condition for receiving a prorated refund under
 8635  paragraph (6)(e) or an economic recovery extension under this
 8636  paragraph, a qualified target industry business must agree to
 8637  renegotiate its tax refund agreement with the department Office
 8638  to, at a minimum, ensure that the terms of the agreement comply
 8639  with current law and the department’s office procedures
 8640  governing application for and award of tax refunds. Upon
 8641  approving the award of a prorated refund or granting an economic
 8642  recovery extension, the department Office shall renegotiate the
 8643  tax refund agreement with the business as required by this
 8644  subparagraph. When amending the agreement of a business
 8645  receiving an economic recovery extension, the department Office
 8646  may extend the duration of the agreement for a period not to
 8647  exceed 2 years.
 8648         4. A qualified target industry business may submit a
 8649  request for an economic recovery extension to the department
 8650  Office in lieu of any tax refund claim scheduled to be submitted
 8651  after January 1, 2009, but before July 1, 2012.
 8652         5. A qualified target industry business that receives an
 8653  economic recovery extension may not receive a tax refund for the
 8654  period covered by the extension.
 8655         (c) The agreement must be signed by the executive director
 8656  and by an authorized officer of the qualified target industry
 8657  business within 120 days after the issuance of the letter of
 8658  certification under subsection (4), but not before passage and
 8659  receipt of the resolution of local financial support. The
 8660  department Office may grant an extension of this period at the
 8661  written request of the qualified target industry business.
 8662         (6) ANNUAL CLAIM FOR REFUND.—
 8663         (a) To be eligible to claim any scheduled tax refund, a
 8664  qualified target industry business that has entered into a tax
 8665  refund agreement with the department Office under subsection (5)
 8666  must apply by January 31 of each fiscal year to the department
 8667  office for the tax refund scheduled to be paid from the
 8668  appropriation for the fiscal year that begins on July 1
 8669  following the January 31 claims-submission date. The department
 8670  Office may, upon written request, grant a 30-day extension of
 8671  the filing date.
 8672         (c) The department Office may waive the requirement for
 8673  proof of taxes paid in future years for a qualified target
 8674  industry business that provides the office with proof that, in a
 8675  single year, the business has paid an amount of state taxes from
 8676  the categories in paragraph (3)(d) that is at least equal to the
 8677  total amount of tax refunds that the business may receive
 8678  through successful completion of its tax refund agreement.
 8679         (f) The department Office, with such assistance as may be
 8680  required from the Department of Revenue or the Agency for
 8681  Workforce Innovation, shall, by June 30 following the scheduled
 8682  date for submission of the tax refund claim, specify by written
 8683  order the approval or disapproval of the tax refund claim and,
 8684  if approved, the amount of the tax refund that is authorized to
 8685  be paid to the qualified target industry business for the annual
 8686  tax refund. The department Office may grant an extension of this
 8687  date on the request of the qualified target industry business
 8688  for the purpose of filing additional information in support of
 8689  the claim.
 8690         (g) The total amount of tax refund claims approved by the
 8691  department Office under this section in any fiscal year must not
 8692  exceed the amount authorized under s. 288.095(3).
 8693         (7) ADMINISTRATION.—
 8694         (a) The department Office may verify information provided
 8695  in any claim submitted for tax credits under this section with
 8696  regard to employment and wage levels or the payment of the taxes
 8697  to the appropriate agency or authority, including the Department
 8698  of Revenue, the Agency for Workforce Innovation, or any local
 8699  government or authority.
 8700         (b) To facilitate the process of monitoring and auditing
 8701  applications made under this section, the department Office may
 8702  provide a list of qualified target industry businesses to the
 8703  Department of Revenue, to the Agency for Workforce Innovation,
 8704  or to any local government or authority. The department Office
 8705  may request the assistance of those entities with respect to
 8706  monitoring jobs, wages, and the payment of the taxes listed in
 8707  subsection (3).
 8708         (c) Funds specifically appropriated for tax refunds for
 8709  qualified target industry businesses under this section may not
 8710  be used by the department Office for any purpose other than the
 8711  payment of tax refunds authorized by this section.
 8712         (d) Beginning with tax refund agreements signed after July
 8713  1, 2010, the department Office shall attempt to ascertain the
 8714  causes for any business’s failure to complete its agreement and
 8715  shall report its findings and recommendations to the Governor,
 8716  the President of the Senate, and the Speaker of the House of
 8717  Representatives. The report shall be submitted by December 1 of
 8718  each year beginning in 2011.
 8719         (8) SPECIAL INCENTIVES.—If the department determines it is
 8720  in the best interest of the public for reasons of facilitating
 8721  economic development, growth, or new employment opportunities
 8722  within a Disproportionally Affected County, the department may,
 8723  between July 1, 2011, and June 30, 2014, waive any or all wage
 8724  or local financial support eligibility requirements and allow a
 8725  qualified target industry business from another state which
 8726  relocates all or a portion of its business to a
 8727  Disproportionally Affected County to receive a tax refund
 8728  payment of up to $6,000 multiplied by the number of jobs
 8729  specified in the tax refund agreement under subparagraph
 8730  (5)(a)1. over the term of the agreement. Prior to granting such
 8731  waiver, the executive director of the department shall file with
 8732  the Governor a written statement of the conditions and
 8733  circumstances constituting the reason for the waiver. Such
 8734  business shall be eligible for the additional tax refund
 8735  payments specified in subparagraph (3)(b)4. if it meets the
 8736  criteria. As used in this section, the term “Disproportionally
 8737  Affected County” means Bay County, Escambia County, Franklin
 8738  County, Gulf County, Okaloosa County, Santa Rosa County, Walton
 8739  County, or Wakulla County.
 8740         Section 151. Paragraphs (d), (e), (f), (g) and (h) of
 8741  subsection (1), subsection (2), paragraphs (a), (b), (f), (g),
 8742  (h), and (i) of subsection (4), and subsection (5) of section
 8743  288.107, Florida Statutes, are amended to read:
 8744         288.107 Brownfield redevelopment bonus refunds.—
 8745         (1) DEFINITIONS.—As used in this section:
 8746         (d) “Director” means the director of the Office of Tourism,
 8747  Trade, and Economic Development.
 8748         (d)(e) “Eligible business” means:
 8749         1. A qualified target industry business as defined in s.
 8750  288.106(2); or
 8751         2. A business that can demonstrate a fixed capital
 8752  investment of at least $2 million in mixed-use business
 8753  activities, including multiunit housing, commercial, retail, and
 8754  industrial in brownfield areas, or at least $500,000 in
 8755  brownfield areas that do not require site cleanup, and that
 8756  provides benefits to its employees.
 8757         (e)(f) “Jobs” means full-time equivalent positions,
 8758  including, but not limited to, positions obtained from a
 8759  temporary employment agency or employee leasing company or
 8760  through a union agreement or coemployment under a professional
 8761  employer organization agreement, that result directly from a
 8762  project in this state. The term does not include temporary
 8763  construction jobs involved with the construction of facilities
 8764  for the project and which are not associated with the
 8765  implementation of the site rehabilitation as provided in s.
 8766  376.80.
 8767         (g) “Office” means The Office of Tourism, Trade, and
 8768  Economic Development.
 8769         (f)(h) “Project” means the creation of a new business or
 8770  the expansion of an existing business as defined in s. 288.106.
 8771         (2) BROWNFIELD REDEVELOPMENT BONUS REFUND.—Bonus refunds
 8772  shall be approved by the department Office as specified in the
 8773  final order and allowed from the account as follows:
 8774         (a) A bonus refund of $2,500 shall be allowed to any
 8775  qualified target industry business as defined in s. 288.106 for
 8776  each new Florida job created in a brownfield area that is
 8777  claimed on the qualified target industry business’s annual
 8778  refund claim authorized in s. 288.106(6).
 8779         (b) A bonus refund of up to $2,500 shall be allowed to any
 8780  other eligible business as defined in subparagraph (1)(d)2.
 8781  subparagraph (1)(e)2. for each new Florida job created in a
 8782  brownfield area that is claimed under an annual claim procedure
 8783  similar to the annual refund claim authorized in s. 288.106(6).
 8784  The amount of the refund shall be equal to 20 percent of the
 8785  average annual wage for the jobs created.
 8786         (4) PAYMENT OF BROWNFIELD REDEVELOPMENT BONUS REFUNDS.—
 8787         (a) To be eligible to receive a bonus refund for new
 8788  Florida jobs created in a brownfield area, a business must have
 8789  been certified as a qualified target industry business under s.
 8790  288.106 or eligible business as defined in paragraph (1)(d)
 8791  paragraph (1)(e) and must have indicated on the qualified target
 8792  industry business tax refund application form submitted in
 8793  accordance with s. 288.106(4) or other similar agreement for
 8794  other eligible business as defined in paragraph (1)(d) paragraph
 8795  (1)(e) that the project for which the application is submitted
 8796  is or will be located in a brownfield area and that the business
 8797  is applying for certification as a qualified brownfield business
 8798  under this section, and must have signed a qualified target
 8799  industry business tax refund agreement with the department
 8800  Office that indicates that the business has been certified as a
 8801  qualified target industry business located in a brownfield area
 8802  and specifies the schedule of brownfield redevelopment bonus
 8803  refunds that the business may be eligible to receive in each
 8804  fiscal year.
 8805         (b) To be considered to receive an eligible brownfield
 8806  redevelopment bonus refund payment, the business meeting the
 8807  requirements of paragraph (a) must submit a claim once each
 8808  fiscal year on a claim form approved by the department Office
 8809  which indicates the location of the brownfield, the address of
 8810  the business facility’s brownfield location, the name of the
 8811  brownfield in which it is located, the number of jobs created,
 8812  and the average wage of the jobs created by the business within
 8813  the brownfield as defined in s. 288.106 or other eligible
 8814  business as defined in paragraph (1)(d) paragraph (1)(e) and the
 8815  administrative rules and policies for that section.
 8816         (f) Applications shall be reviewed and certified pursuant
 8817  to s. 288.061. The department Office shall review all
 8818  applications submitted under s. 288.106 or other similar
 8819  application forms for other eligible businesses as defined in
 8820  paragraph (1)(d) paragraph (1)(e) which indicate that the
 8821  proposed project will be located in a brownfield and determine,
 8822  with the assistance of the Department of Environmental
 8823  Protection, that the project location is within a brownfield as
 8824  provided in this act.
 8825         (g) The department Office shall approve all claims for a
 8826  brownfield redevelopment bonus refund payment that are found to
 8827  meet the requirements of paragraphs (b) and (d).
 8828         (h) The department director, with such assistance as may be
 8829  required from the Office and the Department of Environmental
 8830  Protection, shall specify by written final order the amount of
 8831  the brownfield redevelopment bonus refund that is authorized for
 8832  the qualified target industry business for the fiscal year
 8833  within 30 days after the date that the claim for the annual tax
 8834  refund is received by the department office.
 8835         (i) The total amount of the bonus refunds approved by the
 8836  department director under this section in any fiscal year must
 8837  not exceed the total amount appropriated to the Economic
 8838  Development Incentives Account for this purpose for the fiscal
 8839  year. In the event that the Legislature does not appropriate an
 8840  amount sufficient to satisfy projections by the department
 8841  Office for brownfield redevelopment bonus refunds under this
 8842  section in a fiscal year, the department Office shall, not later
 8843  than July 15 of such year, determine the proportion of each
 8844  brownfield redevelopment bonus refund claim which shall be paid
 8845  by dividing the amount appropriated for tax refunds for the
 8846  fiscal year by the projected total of brownfield redevelopment
 8847  bonus refund claims for the fiscal year. The amount of each
 8848  claim for a brownfield redevelopment bonus tax refund shall be
 8849  multiplied by the resulting quotient. If, after the payment of
 8850  all such refund claims, funds remain in the Economic Development
 8851  Incentives Account for brownfield redevelopment tax refunds, the
 8852  department Office shall recalculate the proportion for each
 8853  refund claim and adjust the amount of each claim accordingly.
 8854         (5) ADMINISTRATION.—
 8855         (a) The department Office may verify information provided
 8856  in any claim submitted for tax credits under this section with
 8857  regard to employment and wage levels or the payment of the taxes
 8858  to the appropriate agency or authority, including the Department
 8859  of Revenue, the Agency for Workforce Innovation, or any local
 8860  government or authority.
 8861         (b) To facilitate the process of monitoring and auditing
 8862  applications made under this program, the department Office may
 8863  provide a list of qualified target industry businesses to the
 8864  Department of Revenue, to the Agency for Workforce Innovation,
 8865  to the Department of Environmental Protection, or to any local
 8866  government authority. The department office may request the
 8867  assistance of those entities with respect to monitoring the
 8868  payment of the taxes listed in s. 288.106(3).
 8869         Section 152. Subsection (2), paragraphs (b), (d), and (e)
 8870  of subsection (3), subsection (4), paragraphs (a) and (c) of
 8871  subsection (5), and subsections (6) and (7) of section 288.108,
 8872  Florida Statutes, are amended to read:
 8873         288.108 High-impact business.—
 8874         (2) DEFINITIONS.—As used in this section, the term:
 8875         (c)(a) “Eligible high-impact business” means a business in
 8876  one of the high-impact sectors identified by Enterprise Florida,
 8877  Inc., and certified by the department Office of Tourism, Trade,
 8878  and Economic Development as provided in subsection (5), which is
 8879  making a cumulative investment in the state of at least $50
 8880  million and creating at least 50 new full-time equivalent jobs
 8881  in the state or a research and development facility making a
 8882  cumulative investment of at least $25 million and creating at
 8883  least 25 new full-time equivalent jobs. Such investment and
 8884  employment must be achieved in a period not to exceed 3 years
 8885  after the date the business is certified as a qualified high
 8886  impact business.
 8887         (f)(b) “Qualified high-impact business” means a business in
 8888  one of the high-impact sectors that has been certified by the
 8889  department office as a qualified high-impact business to receive
 8890  a high-impact sector performance grant.
 8891         (c) “Office” means the Office of Tourism, Trade, and
 8892  Economic Development.
 8893         (d) “Director” means the director of the Office of Tourism,
 8894  Trade, and Economic Development.
 8895         (b)(e) “Cumulative investment” means the total investment
 8896  in buildings and equipment made by a qualified high-impact
 8897  business since the beginning of construction of such facility.
 8898         (d)(f) “Fiscal year” means the fiscal year of the state.
 8899         (e)(g) “Jobs” means full-time equivalent positions,
 8900  including, but not limited to, positions obtained from a
 8901  temporary employment agency or employee leasing company or
 8902  through a union agreement or coemployment under a professional
 8903  employer organization agreement, that result directly from a
 8904  project in this state. The term does not include temporary
 8905  construction jobs involved in the construction of the project
 8906  facility.
 8907         (a)(h) “Commencement of operations” means that the
 8908  qualified high-impact business has begun to actively operate the
 8909  principal function for which the facility was constructed as
 8910  determined by the department office and specified in the
 8911  qualified high-impact business agreement.
 8912         (g)(i) “Research and development” means basic and applied
 8913  research in science or engineering, as well as the design,
 8914  development, and testing of prototypes or processes of new or
 8915  improved products. Research and development does not mean market
 8916  research, routine consumer product testing, sales research,
 8917  research in the social sciences or psychology, nontechnological
 8918  activities or technical services.
 8919         (3) HIGH-IMPACT SECTOR PERFORMANCE GRANTS; ELIGIBLE
 8920  AMOUNTS.—
 8921         (b) The department Office may, in consultation with
 8922  Enterprise Florida, Inc., negotiate qualified high-impact
 8923  business performance grant awards for any single qualified high
 8924  impact business. In negotiating such awards, the department
 8925  Office shall consider the following guidelines in conjunction
 8926  with other relevant applicant impact and cost information and
 8927  analysis as required in subsection (5).
 8928         1. A qualified high-impact business making a cumulative
 8929  investment of $50 million and creating 50 jobs may be eligible
 8930  for a total qualified high-impact business performance grant of
 8931  $500,000 to $1 million.
 8932         2. A qualified high-impact business making a cumulative
 8933  investment of $100 million and creating 100 jobs may be eligible
 8934  for a total qualified high-impact business performance grant of
 8935  $1 million to $2 million.
 8936         3. A qualified high-impact business making a cumulative
 8937  investment of $800 million and creating 800 jobs may be eligible
 8938  for a qualified high-impact business performance grant of $10
 8939  million to $12 million.
 8940         4. A qualified high-impact business engaged in research and
 8941  development making a cumulative investment of $25 million and
 8942  creating 25 jobs may be eligible for a total qualified high
 8943  impact business performance grant of $700,000 to $1 million.
 8944         5. A qualified high-impact business engaged in research and
 8945  development making a cumulative investment of $75 million, and
 8946  creating 75 jobs may be eligible for a total qualified high
 8947  impact business performance grant of $2 million to $3 million.
 8948         6. A qualified high-impact business engaged in research and
 8949  development making a cumulative investment of $150 million, and
 8950  creating 150 jobs may be eligible for a qualified high-impact
 8951  business performance grant of $3.5 million to $4.5 million.
 8952         (d) The balance of the performance grant award shall be
 8953  paid to the qualified high-impact business upon the business’s
 8954  certification that full operations have commenced and that the
 8955  full investment and employment goals specified in the qualified
 8956  high-impact business agreement have been met and verified by the
 8957  department Office of Tourism, Trade, and Economic Development.
 8958  The verification must occur not later than 60 days after the
 8959  qualified high-impact business has provided the certification
 8960  specified in this paragraph.
 8961         (e) The department office may, upon a showing of reasonable
 8962  cause for delay and significant progress toward the achievement
 8963  of the investment and employment goals specified in the
 8964  qualified high-impact business agreement, extend the date for
 8965  commencement of operations, not to exceed an additional 2 years
 8966  beyond the limit specified in paragraph (2)(a), but in no case
 8967  may any high-impact sector performance grant payment be made to
 8968  the business until the scheduled goals have been achieved.
 8969         (4) OFFICE OF TOURISM, TRADE, AND ECONOMIC DEVELOPMENT
 8970  AUTHORITY TO APPROVE QUALIFIED HIGH-IMPACT BUSINESS PERFORMANCE
 8971  GRANTS.—
 8972         (a) The total amount of active performance grants scheduled
 8973  for payment by the department office in any single fiscal year
 8974  may not exceed the lesser of $30 million or the amount
 8975  appropriated by the Legislature for that fiscal year for
 8976  qualified high-impact business performance grants. If the
 8977  scheduled grant payments are not made in the year for which they
 8978  were scheduled in the qualified high-impact business agreement
 8979  and are rescheduled as authorized in paragraph (3)(e), they are,
 8980  for purposes of this paragraph, deemed to have been paid in the
 8981  year in which they were originally scheduled in the qualified
 8982  high-impact business agreement.
 8983         (b) If the Legislature does not appropriate an amount
 8984  sufficient to satisfy the qualified high-impact business
 8985  performance grant payments scheduled for any fiscal year, the
 8986  department Office shall, not later than July 15 of that year,
 8987  determine the proportion of each grant payment which may be paid
 8988  by dividing the amount appropriated for qualified high-impact
 8989  business performance grant payments for the fiscal year by the
 8990  total performance grant payments scheduled in all performance
 8991  grant agreements for the fiscal year. The amount of each grant
 8992  scheduled for payment in that fiscal year must be multiplied by
 8993  the resulting quotient. All businesses affected by this
 8994  calculation must be notified by August 1 of each fiscal year.
 8995  If, after the payment of all the refund claims, funds remain in
 8996  the appropriation for payment of qualified high-impact business
 8997  performance grants, the department Office shall recalculate the
 8998  proportion for each performance grant payment and adjust the
 8999  amount of each claim accordingly.
 9000         (5) APPLICATIONS; CERTIFICATION PROCESS; GRANT AGREEMENT.—
 9001         (a) The department shall review an application pursuant to
 9002  s. 288.061 which is received from any eligible business, as
 9003  defined in subsection (2), shall apply to Enterprise Florida,
 9004  Inc., for consideration as a qualified high-impact business
 9005  before the business has made a decision to locate or expand a
 9006  facility in this state. The business must provide application,
 9007  developed by the Office of Tourism, Trade, and Economic
 9008  Development, in consultation with Enterprise Florida, Inc., must
 9009  include, but is not limited to, the following information:
 9010         1. A complete description of the type of facility, business
 9011  operations, and product or service associated with the project.
 9012         2. The number of full-time equivalent jobs that will be
 9013  created by the project and the average annual wage of those
 9014  jobs.
 9015         3. The cumulative amount of investment to be dedicated to
 9016  this project within 3 years.
 9017         4. A statement concerning any special impacts the facility
 9018  is expected to stimulate in the sector, the state, or regional
 9019  economy and in state universities and community colleges.
 9020         5. A statement concerning the role the grant will play in
 9021  the decision of the applicant business to locate or expand in
 9022  this state.
 9023         6. Any additional information requested by the department
 9024  Enterprise Florida, Inc., and the Office of Tourism, Trade, and
 9025  Economic Development.
 9026         (c) The department director and the qualified high-impact
 9027  business shall enter into a performance grant agreement setting
 9028  forth the conditions for payment of the qualified high-impact
 9029  business performance grant. The agreement shall include the
 9030  total amount of the qualified high-impact business facility
 9031  performance grant award, the performance conditions that must be
 9032  met to obtain the award, including the employment, average
 9033  salary, investment, the methodology for determining if the
 9034  conditions have been met, and the schedule of performance grant
 9035  payments.
 9036         (6) SELECTION AND DESIGNATION OF HIGH-IMPACT SECTORS.—
 9037         (a) Enterprise Florida, Inc., shall, by January 1, of every
 9038  third year, beginning January 1, 2011, initiate the process of
 9039  reviewing and, if appropriate, selecting a new high-impact
 9040  sector for designation or recommending the deactivation of a
 9041  designated high-impact sector. The process of reviewing
 9042  designated high-impact sectors or recommending the deactivation
 9043  of a designated high-impact sector shall be in consultation with
 9044  the department office, economic development organizations, the
 9045  State University System, local governments, employee and
 9046  employer organizations, market analysts, and economists.
 9047         (b) The department Office has authority, only after
 9048  recommendation from Enterprise Florida, Inc., to designate a
 9049  high-impact sector or to deauthorize a designated high-impact
 9050  sector.
 9051         (c) To begin the process of selecting and designating a new
 9052  high-impact sector, Enterprise Florida, Inc., shall undertake a
 9053  thorough study of the proposed sector. This study must consider
 9054  the definition of the sector, including the types of facilities
 9055  which characterize the sector that might qualify for a high
 9056  impact performance grant and whether a powerful incentive like
 9057  the high-impact performance grant is needed to induce major
 9058  facilities in the sector to locate or grow in this state; the
 9059  benefits that major facilities in the sector have or could have
 9060  on the state’s economy and the relative significance of those
 9061  benefits; the needs of the sector and major sector facilities,
 9062  including natural, public, and human resources and benefits and
 9063  costs with regard to these resources; the sector’s current and
 9064  future markets; the current fiscal and potential fiscal impacts
 9065  of the sector, to both the state and its communities; any
 9066  geographic opportunities or limitations with regard to the
 9067  sector, including areas of the state most likely to benefit from
 9068  the sector and areas unlikely to benefit from the sector; the
 9069  state’s advantages or disadvantages with regard to the sector;
 9070  and the long-term expectations for the industry on a global
 9071  level and in the state. If Enterprise Florida, Inc., finds
 9072  favorable conditions for the designation of the sector as a
 9073  high-impact sector, it shall include in the study
 9074  recommendations for a complete and comprehensive sector
 9075  strategy, including appropriate marketing and workforce
 9076  strategies for the entire sector and any recommendations that
 9077  Enterprise Florida, Inc., may have for statutory or policy
 9078  changes needed to improve the state’s business climate and to
 9079  attract and grow Florida businesses, particularly small
 9080  businesses, in the proposed sector. The study shall reflect the
 9081  finding of the sector-business network specified in paragraph
 9082  (d).
 9083         (d) In conjunction with the study required in paragraph
 9084  (c), Enterprise Florida, Inc., shall develop and consult with a
 9085  network of sector businesses. While this network may include
 9086  non-Florida businesses, it must include any businesses currently
 9087  within the state. If the number of Florida businesses in the
 9088  sector is large, a representative cross-section of Florida
 9089  sector businesses may form the core of this network.
 9090         (e) The study and its findings and recommendations and the
 9091  recommendations gathered from the sector-business network must
 9092  be discussed and considered during at least one the meeting per
 9093  calendar year of leaders in business, government, education,
 9094  workforce development, and economic development called by the
 9095  Governor to address the business climate in the state, develop a
 9096  common vision for the economic future of the state, and identify
 9097  economic development efforts to fulfill that vision required in
 9098  s. 14.2015(2)(e).
 9099         (f) If after consideration of the completed study required
 9100  in paragraph (c) and the input derived from consultation with
 9101  the sector-business network in paragraph (d) and the quarterly
 9102  meeting as required in paragraph (e), the board of directors of
 9103  Enterprise Florida, Inc., finds that the sector will have
 9104  exceptionally large and widespread benefits to the state and its
 9105  citizens, relative to any public costs; that the sector is
 9106  characterized by the types of facilities that require
 9107  exceptionally large investments and provide employment
 9108  opportunities to a relatively large number of workers in high
 9109  quality, high-income jobs that might qualify for a high-impact
 9110  performance grant; and that given the competition for such
 9111  businesses it may be necessary for the state to be able to offer
 9112  a large inducement, such as a high-impact performance grant, to
 9113  attract such a business to the state or to encourage businesses
 9114  to continue to grow in the state, the board of directors of
 9115  Enterprise Florida, Inc., may recommend that the department
 9116  office consider the designation of the sector as a high-impact
 9117  business sector.
 9118         (g) Upon receiving a recommendation from the board of
 9119  directors of Enterprise Florida, Inc., together with the study
 9120  required in paragraph (c) and a summary of the findings and
 9121  recommendations of the sector-business network required in
 9122  paragraph (d), including a list of all meetings of the sector
 9123  network and participants in those meetings and the findings and
 9124  recommendations from the quarterly meeting as required in
 9125  paragraph (e), the department Office shall after a thorough
 9126  evaluation of the study and accompanying materials report its
 9127  findings and either concur in the recommendation of Enterprise
 9128  Florida, Inc., and designate the sector as a high-impact
 9129  business sector or notify Enterprise Florida, Inc., that it does
 9130  not concur and deny the board’s request for designation or
 9131  return the recommendation and study to Enterprise Florida, Inc.,
 9132  for further evaluation. In any case, the department’s director’s
 9133  decision must be in writing and justify the reasons for the
 9134  decision.
 9135         (h) If the department Office designates the sector as a
 9136  high-impact sector, it shall, within 30 days, notify the
 9137  Governor, the President of the Senate, and the Speaker of the
 9138  House of Representatives of its decision and provide a complete
 9139  report on its decision, including copies of the material
 9140  provided by Enterprise Florida, Inc., and the department’s
 9141  Office of Tourism, Trade, and Economic Development’s evaluation
 9142  and comment on any statutory or policy changes recommended by
 9143  Enterprise Florida, Inc.
 9144         (i) For the purposes of this subsection, a high-impact
 9145  sector consists of the silicon technology sector that Enterprise
 9146  Florida, Inc., has found to be focused around the type of high
 9147  impact businesses for which the incentive created in this
 9148  subsection is required and will create the kinds of sector and
 9149  economy wide benefits that justify the use of state resources to
 9150  encourage these investments and require substantial inducements
 9151  to compete with the incentive packages offered by other states
 9152  and nations.
 9153         (7) RULEMAKING.—The department Office may adopt rules
 9154  necessary to carry out the provisions of this section.
 9155         Section 153. Subsections (1), (2), (4), (5), (6), and (9)
 9156  of section 288.1083, Florida Statutes, are amended to read:
 9157         288.1083 Manufacturing and Spaceport Investment Incentive
 9158  Program.—
 9159         (1) The Manufacturing and Spaceport Investment Incentive
 9160  Program is created within the department office of Tourism,
 9161  Trade, and Economic Development. The purpose of the program is
 9162  to encourage capital investment and job creation in
 9163  manufacturing and spaceport activities in this state.
 9164         (2) As used in this section, the term:
 9165         (a) “Base year purchases” means the total cost of eligible
 9166  equipment purchased and placed into service in this state by an
 9167  eligible entity in its tax year that began in 2008.
 9168         (b) “Department” means the Department of Revenue.
 9169         (b)(c) “Eligible entity” means an entity that manufactures,
 9170  processes, compounds, or produces items for sale of tangible
 9171  personal property or engages in spaceport activities. The term
 9172  also includes an entity that engages in phosphate or other solid
 9173  minerals severance, mining, or processing operations. The term
 9174  does not include electric utility companies, communications
 9175  companies, oil or gas exploration or production operations,
 9176  publishing firms that do not export at least 50 percent of their
 9177  finished product out of the state, any firm subject to
 9178  regulation by the Division of Hotels and Restaurants of the
 9179  Department of Business and Professional Regulation, or any firm
 9180  that does not manufacture, process, compound, or produce for
 9181  sale items of tangible personal property or that does not use
 9182  such machinery and equipment in spaceport activities.
 9183         (c)(d) “Eligible equipment” means tangible personal
 9184  property or other property that has a depreciable life of 3
 9185  years or more and that is used as an integral part in the
 9186  manufacturing, processing, compounding, or production of
 9187  tangible personal property for sale or is exclusively used in
 9188  spaceport activities, and that is located and placed into
 9189  service in this state. A building and its structural components
 9190  are not eligible equipment unless the building or structural
 9191  component is so closely related to the industrial machinery and
 9192  equipment that it houses or supports that the building or
 9193  structural component can be expected to be replaced when the
 9194  machinery and equipment are replaced. Heating and air
 9195  conditioning systems are not eligible equipment unless the sole
 9196  justification for their installation is to meet the requirements
 9197  of the production process, even though the system may provide
 9198  incidental comfort to employees or serve, to an insubstantial
 9199  degree, nonproduction activities. The term includes parts and
 9200  accessories only to the extent that the exemption of such parts
 9201  and accessories is consistent with the provisions of this
 9202  paragraph.
 9203         (d)(e) “Eligible equipment purchases” means the cost of
 9204  eligible equipment purchased and placed into service in this
 9205  state in a given state fiscal year by an eligible entity in
 9206  excess of the entity’s base year purchases.
 9207         (f) “Office” means The Office of Tourism, Trade, and
 9208  Economic Development.
 9209         (e)(g) “Refund” means a payment to an eligible entity for
 9210  the amount of state sales and use tax actually paid on eligible
 9211  equipment purchases.
 9212         (4) To receive a refund, a business entity must first apply
 9213  to the department office for a tax refund allocation. The entity
 9214  shall provide such information in the application as reasonably
 9215  required by the department office. Further, the business entity
 9216  shall provide such information as is required by the department
 9217  office to establish the cost incurred and actual sales and use
 9218  tax paid to purchase eligible equipment located and placed into
 9219  service in this state during its taxable year that began in
 9220  2008.
 9221         (a) Within 30 days after the department office receives an
 9222  application for a refund, the department office shall approve or
 9223  disapprove the application.
 9224         (b) Refund allocations made during the 2010-2011 fiscal
 9225  year shall be awarded in the same order in which applications
 9226  are received. Eligible entities may apply to the department
 9227  office beginning July 1, 2010, for refunds attributable to
 9228  eligible equipment purchases made during the 2010-2011 fiscal
 9229  year. For the 2010-2011 fiscal year, the department office shall
 9230  allocate the maximum amount of $50,000 per entity until the
 9231  entire $19 million available for refund in state fiscal year
 9232  2010-2011 has been allocated. If the total amount available for
 9233  allocation during the 2010-2011 fiscal year is allocated, the
 9234  department office shall continue taking applications. Each
 9235  applicant shall be informed of its place in the queue and
 9236  whether the applicant received an allocation of the eligible
 9237  funds.
 9238         (c) Refund allocations made during the 2011-2012 fiscal
 9239  year shall first be given to any applicants remaining in the
 9240  queue from the prior fiscal year. The department office shall
 9241  allocate the maximum amount of $50,000 per entity, first to
 9242  those applicants that remained in the queue from 2010-2011 for
 9243  eligible purchases in 2010-2011, then to applicants for 2011
 9244  2012 in the order applications are received for eligible
 9245  purchases in 2011-2012. The department office shall allocate the
 9246  maximum amount of $50,000 per entity until the entire $24
 9247  million available to be allocated for refund in the 2011-2012
 9248  fiscal year is allocated. If the total amount available for
 9249  refund in 2011-2012 has been allocated, the department office
 9250  shall continue to accept applications from eligible entities in
 9251  the 2011-2012 fiscal year for refunds attributable to eligible
 9252  equipment purchases made during the 2011-2012 fiscal year.
 9253  Refund allocations made during the 2011-2012 fiscal year shall
 9254  be awarded in the same order in which applications are received.
 9255  Upon submitting an application, each applicant shall be informed
 9256  of its place in the queue and whether the applicant has received
 9257  an allocation of the eligible funds.
 9258         (5) Upon completion of eligible equipment purchases, a
 9259  business entity that received a refund allocation from the
 9260  department office must apply to the department office for
 9261  certification of a refund. For eligible equipment purchases made
 9262  during the 2010-2011 fiscal year, the application for
 9263  certification must be made no later than September 1, 2011. For
 9264  eligible equipment purchases made during the 2011-2012 fiscal
 9265  year, the application for certification must be made no later
 9266  than September 1, 2012. The application shall provide such
 9267  documentation as is reasonably required by the department office
 9268  to calculate the refund amount, including documentation
 9269  necessary to confirm the cost of eligible equipment purchases
 9270  supporting the claim of the sales and use tax paid thereon.
 9271  Further, the business entity shall provide such documentation as
 9272  required by the department office to establish the entity’s base
 9273  year purchases. If, upon reviewing the application, the
 9274  department office determines that eligible equipment purchases
 9275  did not occur, that the amount of tax claimed to have been paid
 9276  or remitted on the eligible equipment purchases is not supported
 9277  by the documentation provided, or that the information provided
 9278  to the department office was otherwise inaccurate, the amount of
 9279  the refund allocation not substantiated shall not be certified.
 9280  Otherwise, the department office shall determine and certify the
 9281  amount of the refund to the eligible entity and to the
 9282  department within 30 days after the department office receives
 9283  the application for certification.
 9284         (6) Upon certification of a refund for an eligible entity,
 9285  the entity shall apply to the Department of Revenue within 30
 9286  days for payment of the certified amount as a refund on a form
 9287  prescribed by the Department of Revenue. The Department of
 9288  Revenue may request documentation in support of the application
 9289  and adopt emergency rules to administer the refund application
 9290  process.
 9291         (9) The department office shall adopt emergency rules
 9292  governing applications for, issuance of, and procedures for
 9293  allocation and certification and may establish guidelines as to
 9294  the requisites for demonstrating base year purchases and
 9295  eligible equipment purchases.
 9296         Section 154. Subsections (2) and (3) of section 288.1088,
 9297  Florida Statutes, are amended to read:
 9298         288.1088 Quick Action Closing Fund.—
 9299         (2) There is created within the department Office of
 9300  Tourism, Trade, and Economic Development the Quick Action
 9301  Closing Fund. Projects eligible for receipt of funds from the
 9302  Quick Action Closing Fund shall:
 9303         (a) Be in an industry as referenced in s. 288.106.
 9304         (b) Have a positive economic benefit payback ratio of at
 9305  least 5 to 1.
 9306         (c) Be an inducement to the project’s location or expansion
 9307  in the state.
 9308         (d) Pay an average annual wage of at least 125 percent of
 9309  the areawide or statewide private sector average wage.
 9310         (e) Be supported by the local community in which the
 9311  project is to be located.
 9312         (3)(a) The department and Enterprise Florida, Inc., shall
 9313  jointly review applications pursuant to s. 288.061 and determine
 9314  the eligibility of each project consistent with the criteria in
 9315  subsection (2). Waiver of Enterprise Florida, Inc., in
 9316  consultation with the Office of Tourism, Trade, and Economic
 9317  Development, may waive these criteria may be considered under
 9318  the following criteria:
 9319         1. Based on extraordinary circumstances;
 9320         2. In order to mitigate the impact of the conclusion of the
 9321  space shuttle program; or
 9322         3. In rural areas of critical economic concern if the
 9323  project would significantly benefit the local or regional
 9324  economy.
 9325         (b) The department Enterprise Florida, Inc., shall evaluate
 9326  individual proposals for high-impact business facilities and
 9327  forward recommendations regarding the use of moneys in the fund
 9328  for such facilities to the director of the Office of Tourism,
 9329  Trade, and Economic Development. Such evaluation and
 9330  recommendation must include, but need not be limited to:
 9331         1. A description of the type of facility or infrastructure,
 9332  its operations, and the associated product or service associated
 9333  with the facility.
 9334         2. The number of full-time-equivalent jobs that will be
 9335  created by the facility and the total estimated average annual
 9336  wages of those jobs or, in the case of privately developed rural
 9337  infrastructure, the types of business activities and jobs
 9338  stimulated by the investment.
 9339         3. The cumulative amount of investment to be dedicated to
 9340  the facility within a specified period.
 9341         4. A statement of any special impacts the facility is
 9342  expected to stimulate in a particular business sector in the
 9343  state or regional economy or in the state’s universities and
 9344  community colleges.
 9345         5. A statement of the role the incentive is expected to
 9346  play in the decision of the applicant business to locate or
 9347  expand in this state or for the private investor to provide
 9348  critical rural infrastructure.
 9349         6. A report evaluating the quality and value of the company
 9350  submitting a proposal. The report must include:
 9351         a. A financial analysis of the company, including an
 9352  evaluation of the company’s short-term liquidity ratio as
 9353  measured by its assets to liability, the company’s profitability
 9354  ratio, and the company’s long-term solvency as measured by its
 9355  debt-to-equity ratio;
 9356         b. The historical market performance of the company;
 9357         c. A review of any independent evaluations of the company;
 9358         d. A review of the latest audit of the company’s financial
 9359  statement and the related auditor’s management letter; and
 9360         e. A review of any other types of audits that are related
 9361  to the internal and management controls of the company.
 9362         (c)1. Within 7 business 22 calendar days after evaluating a
 9363  project, the department receiving the evaluation and
 9364  recommendation from Enterprise Florida, Inc., the director of
 9365  the Office of Tourism, Trade, and Economic Development shall
 9366  recommend to the Governor approval or disapproval of a project
 9367  for receipt of funds from the Quick Action Closing Fund. In
 9368  recommending a project, the department director shall include
 9369  proposed performance conditions that the project must meet to
 9370  obtain incentive funds.
 9371         2. The Governor may approve projects without consulting the
 9372  Legislature for projects requiring less than $2 million in
 9373  funding.
 9374         3. For projects requiring funding in the amount of $2
 9375  million to $5 million, the Governor shall provide a written the
 9376  description and evaluation of a project projects recommended for
 9377  approval to the chair and vice chair of the Legislative Budget
 9378  Commission at least 10 days prior to President of the Senate and
 9379  the Speaker of the House of Representatives and consult with the
 9380  President of the Senate and the Speaker of the House of
 9381  Representatives before giving final approval for a project. At
 9382  least 14 days before releasing funds for a project, the
 9383  Executive Office of the Governor shall recommend approval of the
 9384  project and the release of funds by delivering notice of such
 9385  action pursuant to the legislative consultation and review
 9386  requirements set forth in s. 216.177. The recommendation must
 9387  include proposed performance conditions that the project must
 9388  meet in order to obtain funds.
 9389         4. If the chair or vice chair of the Legislative Budget
 9390  Commission or the President of the Senate or the Speaker of the
 9391  House of Representatives timely advises the Executive Office of
 9392  the Governor, in writing, that such action or proposed action
 9393  exceeds the delegated authority of the Executive Office of the
 9394  Governor or is contrary to legislative policy or intent, the
 9395  Executive Office of the Governor shall void the release of funds
 9396  and instruct the department Office of Tourism, Trade, and
 9397  Economic Development to immediately change such action or
 9398  proposed action until the Legislative Budget Commission or the
 9399  Legislature addresses the issue. Notwithstanding such
 9400  requirement, any project exceeding $5 million $2,000,000 must be
 9401  approved by the Legislative Budget Commission prior to the funds
 9402  being released.
 9403         (d) Upon the approval of the Governor, the department
 9404  director of the Office of Tourism, Trade, and Economic
 9405  Development and the business shall enter into a contract that
 9406  sets forth the conditions for payment of moneys from the fund.
 9407  The contract must include the total amount of funds awarded; the
 9408  performance conditions that must be met to obtain the award,
 9409  including, but not limited to, net new employment in the state,
 9410  average salary, and total capital investment; demonstrate a
 9411  baseline of current service and a measure of enhanced
 9412  capability; the methodology for validating performance; the
 9413  schedule of payments from the fund; and sanctions for failure to
 9414  meet performance conditions. The contract must provide that
 9415  payment of moneys from the fund is contingent upon sufficient
 9416  appropriation of funds by the Legislature.
 9417         (e) Enterprise Florida, Inc., shall validate contractor
 9418  performance. Such validation shall be reported within 6 months
 9419  after completion of the contract to the Governor, President of
 9420  the Senate, and the Speaker of the House of Representatives.
 9421         Section 155. Subsection (1), paragraphs (b), (d), (e), (f),
 9422  and (o) of subsection (2), and subsections (3) through (9),
 9423  (11), and (12) of section 288.1089, Florida Statutes, are
 9424  amended, and present paragraphs (g) through (n) and (p) through
 9425  (s) of subsection (2) are redesignated as paragraphs (e) through
 9426  (o), respectively, to read:
 9427         288.1089 Innovation Incentive Program.—
 9428         (1) The Innovation Incentive Program is created within the
 9429  Department of Economic Opportunity Office of Tourism, Trade, and
 9430  Economic Development to ensure that sufficient resources are
 9431  available to allow the state to respond expeditiously to
 9432  extraordinary economic opportunities and to compete effectively
 9433  for high-value research and development, innovation business,
 9434  and alternative and renewal energy projects.
 9435         (2) As used in this section, the term:
 9436         (b) “Average private sector wage” means the statewide
 9437  average wage in the private sector or the average of all private
 9438  sector wages in the county or in the standard metropolitan area
 9439  in which the project is located as determined by the department
 9440  Agency for Workforce Innovation.
 9441         (d) “Commission” means the Florida Energy and Climate
 9442  Commission.
 9443         (f) “Director” means the director of the Office of Tourism,
 9444  Trade, and Economic Development.
 9445         (o) “Office” means the Office of Tourism, Trade, and
 9446  Economic Development.
 9447         (3) To be eligible for consideration for an innovation
 9448  incentive award, an innovation business, a research and
 9449  development entity, or an alternative and renewable energy
 9450  company must submit a written application to the department
 9451  Enterprise Florida, Inc., before making a decision to locate new
 9452  operations in this state or expand an existing operation in this
 9453  state. The application must include, but not be limited to:
 9454         (a) The applicant’s federal employer identification number,
 9455  unemployment account number, and state sales tax registration
 9456  number. If such numbers are not available at the time of
 9457  application, they must be submitted to the department office in
 9458  writing before prior to the disbursement of any payments under
 9459  this section.
 9460         (b) The location in this state at which the project is
 9461  located or is to be located.
 9462         (c) A description of the type of business activity,
 9463  product, or research and development undertaken by the
 9464  applicant, including six-digit North American Industry
 9465  Classification System codes for all activities included in the
 9466  project.
 9467         (d) The applicant’s projected investment in the project.
 9468         (e) The total investment, from all sources, in the project.
 9469         (f) The number of net new full-time equivalent jobs in this
 9470  state the applicant anticipates having created as of December 31
 9471  of each year in the project and the average annual wage of such
 9472  jobs.
 9473         (g) The total number of full-time equivalent employees
 9474  currently employed by the applicant in this state, if
 9475  applicable.
 9476         (h) The anticipated commencement date of the project.
 9477         (i) A detailed explanation of why the innovation incentive
 9478  is needed to induce the applicant to expand or locate in the
 9479  state and whether an award would cause the applicant to locate
 9480  or expand in this state.
 9481         (j) If applicable, an estimate of the proportion of the
 9482  revenues resulting from the project that will be generated
 9483  outside this state.
 9484         (4) To qualify for review by the department office, the
 9485  applicant must, at a minimum, establish the following to the
 9486  satisfaction of the department Enterprise Florida, Inc., and the
 9487  office:
 9488         (a) The jobs created by the project must pay an estimated
 9489  annual average wage equaling at least 130 percent of the average
 9490  private sector wage. The department office may waive this
 9491  average wage requirement at the request of Enterprise Florida,
 9492  Inc., for a project located in a rural area, a brownfield area,
 9493  or an enterprise zone, when the merits of the individual project
 9494  or the specific circumstances in the community in relationship
 9495  to the project warrant such action. A recommendation for waiver
 9496  by Enterprise Florida, Inc., must include a specific
 9497  justification for the waiver and be transmitted to the
 9498  department office in writing. If the department director elects
 9499  to waive the wage requirement, the waiver must be stated in
 9500  writing and the reasons for granting the waiver must be
 9501  explained.
 9502         (b) A research and development project must:
 9503         1. Serve as a catalyst for an emerging or evolving
 9504  technology cluster.
 9505         2. Demonstrate a plan for significant higher education
 9506  collaboration.
 9507         3. Provide the state, at a minimum, a break-even return on
 9508  investment within a 20-year period.
 9509         4. Be provided with a one-to-one match from the local
 9510  community. The match requirement may be reduced or waived in
 9511  rural areas of critical economic concern or reduced in rural
 9512  areas, brownfield areas, and enterprise zones.
 9513         (c) An innovation business project in this state, other
 9514  than a research and development project, must:
 9515         1.a. Result in the creation of at least 1,000 direct, new
 9516  jobs at the business; or
 9517         b. Result in the creation of at least 500 direct, new jobs
 9518  if the project is located in a rural area, a brownfield area, or
 9519  an enterprise zone.
 9520         2. Have an activity or product that is within an industry
 9521  that is designated as a target industry business under s.
 9522  288.106 or a designated sector under s. 288.108.
 9523         3.a. Have a cumulative investment of at least $500 million
 9524  within a 5-year period; or
 9525         b. Have a cumulative investment that exceeds $250 million
 9526  within a 10-year period if the project is located in a rural
 9527  area, brownfield area, or an enterprise zone.
 9528         4. Be provided with a one-to-one match from the local
 9529  community. The match requirement may be reduced or waived in
 9530  rural areas of critical economic concern or reduced in rural
 9531  areas, brownfield areas, and enterprise zones.
 9532         (d) For an alternative and renewable energy project in this
 9533  state, the project must:
 9534         1. Demonstrate a plan for significant collaboration with an
 9535  institution of higher education;
 9536         2. Provide the state, at a minimum, a break-even return on
 9537  investment within a 20-year period;
 9538         3. Include matching funds provided by the applicant or
 9539  other available sources. The match requirement may be reduced or
 9540  waived in rural areas of critical economic concern or reduced in
 9541  rural areas, brownfield areas, and enterprise zones;
 9542         4. Be located in this state; and
 9543         5. Provide at least 35 direct, new jobs that pay an
 9544  estimated annual average wage that equals at least 130 percent
 9545  of the average private sector wage.
 9546         (5) The department Enterprise Florida, Inc., shall review
 9547  evaluate proposals pursuant to s. 288.061 for all three
 9548  categories of innovation incentive awards and transmit
 9549  recommendations for awards to the office. Before making a
 9550  recommendation to the executive director, the department its
 9551  recommendations on alternative and renewable energy projects,
 9552  Enterprise Florida, Inc., shall solicit comments and
 9553  recommendations from the Department of Agriculture and Consumer
 9554  Services Florida Energy and Climate Commission. For each
 9555  project, the evaluation and recommendation to the department
 9556  office must include, but need not be limited to:
 9557         (a) A description of the project, its required facilities,
 9558  and the associated product, service, or research and development
 9559  associated with the project.
 9560         (b) The percentage of match provided for the project.
 9561         (c) The number of full-time equivalent jobs that will be
 9562  created by the project, the total estimated average annual wages
 9563  of such jobs, and the types of business activities and jobs
 9564  likely to be stimulated by the project.
 9565         (d) The cumulative investment to be dedicated to the
 9566  project within 5 years and the total investment expected in the
 9567  project if more than 5 years.
 9568         (e) The projected economic and fiscal impacts on the local
 9569  and state economies relative to investment.
 9570         (f) A statement of any special impacts the project is
 9571  expected to stimulate in a particular business sector in the
 9572  state or regional economy or in the state’s universities and
 9573  community colleges.
 9574         (g) A statement of any anticipated or proposed
 9575  relationships with state universities.
 9576         (h) A statement of the role the incentive is expected to
 9577  play in the decision of the applicant to locate or expand in
 9578  this state.
 9579         (i) A recommendation and explanation of the amount of the
 9580  award needed to cause the applicant to expand or locate in this
 9581  state.
 9582         (j) A discussion of the efforts and commitments made by the
 9583  local community in which the project is to be located to induce
 9584  the applicant’s location or expansion, taking into consideration
 9585  local resources and abilities.
 9586         (k) A recommendation for specific performance criteria the
 9587  applicant would be expected to achieve in order to receive
 9588  payments from the fund and penalties or sanctions for failure to
 9589  meet or maintain performance conditions.
 9590         (l) Additional evaluative criteria for a research and
 9591  development facility project, including:
 9592         1. A description of the extent to which the project has the
 9593  potential to serve as catalyst for an emerging or evolving
 9594  cluster.
 9595         2. A description of the extent to which the project has or
 9596  could have a long-term collaborative research and development
 9597  relationship with one or more universities or community colleges
 9598  in this state.
 9599         3. A description of the existing or projected impact of the
 9600  project on established clusters or targeted industry sectors.
 9601         4. A description of the project’s contribution to the
 9602  diversity and resiliency of the innovation economy of this
 9603  state.
 9604         5. A description of the project’s impact on special needs
 9605  communities, including, but not limited to, rural areas,
 9606  distressed urban areas, and enterprise zones.
 9607         (m) Additional evaluative criteria for alternative and
 9608  renewable energy proposals, including:
 9609         1. The availability of matching funds or other in-kind
 9610  contributions applied to the total project from an applicant.
 9611  The Department of Agriculture and Consumer Services commission
 9612  shall give greater preference to projects that provide such
 9613  matching funds or other in-kind contributions.
 9614         2. The degree to which the project stimulates in-state
 9615  capital investment and economic development in metropolitan and
 9616  rural areas, including the creation of jobs and the future
 9617  development of a commercial market for renewable energy
 9618  technologies.
 9619         3. The extent to which the proposed project has been
 9620  demonstrated to be technically feasible based on pilot project
 9621  demonstrations, laboratory testing, scientific modeling, or
 9622  engineering or chemical theory that supports the proposal.
 9623         4. The degree to which the project incorporates an
 9624  innovative new technology or an innovative application of an
 9625  existing technology.
 9626         5. The degree to which a project generates thermal,
 9627  mechanical, or electrical energy by means of a renewable energy
 9628  resource that has substantial long-term production potential.
 9629         6. The degree to which a project demonstrates efficient use
 9630  of energy and material resources.
 9631         7. The degree to which the project fosters overall
 9632  understanding and appreciation of renewable energy technologies.
 9633         8. The ability to administer a complete project.
 9634         9. Project duration and timeline for expenditures.
 9635         10. The geographic area in which the project is to be
 9636  conducted in relation to other projects.
 9637         11. The degree of public visibility and interaction.
 9638         (6) In consultation with Enterprise Florida, Inc., The
 9639  department office may negotiate the proposed amount of an award
 9640  for any applicant meeting the requirements of this section. In
 9641  negotiating such award, the department office shall consider the
 9642  amount of the incentive needed to cause the applicant to locate
 9643  or expand in this state in conjunction with other relevant
 9644  applicant impact and cost information and analysis as described
 9645  in this section. Particular emphasis shall be given to the
 9646  potential for the project to stimulate additional private
 9647  investment and high-quality employment opportunities in the
 9648  area.
 9649         (7) Upon receipt of the evaluation and recommendation from
 9650  Enterprise Florida, Inc., the department, director shall
 9651  recommend to the Governor shall approve or deny the approval or
 9652  disapproval of an award. In recommending approval of an award,
 9653  the department director shall include proposed performance
 9654  conditions that the applicant must meet in order to obtain
 9655  incentive funds and any other conditions that must be met before
 9656  the receipt of any incentive funds. The Governor shall consult
 9657  with the President of the Senate and the Speaker of the House of
 9658  Representatives before giving approval for an award. Upon review
 9659  and approval of an award by the Legislative Budget Commission,
 9660  the Executive Office of the Governor shall release the funds.
 9661         (8)(a) After the conditions set forth in subsection (7)
 9662  have been met, the department director shall issue a letter
 9663  certifying the applicant as qualified for an award. The
 9664  department office and the award recipient shall enter into an
 9665  agreement that sets forth the conditions for payment of the
 9666  incentive funds. The agreement must include, at a minimum:
 9667         1. The total amount of funds awarded.
 9668         2. The performance conditions that must be met in order to
 9669  obtain the award or portions of the award, including, but not
 9670  limited to, net new employment in the state, average wage, and
 9671  total cumulative investment.
 9672         3. Demonstration of a baseline of current service and a
 9673  measure of enhanced capability.
 9674         4. The methodology for validating performance.
 9675         5. The schedule of payments.
 9676         6. Sanctions for failure to meet performance conditions,
 9677  including any clawback provisions.
 9678         (b) Additionally, agreements signed on or after July 1,
 9679  2009, must include the following provisions:
 9680         1. Notwithstanding subsection (4), a requirement that the
 9681  jobs created by the recipient of the incentive funds pay an
 9682  annual average wage at least equal to the relevant industry’s
 9683  annual average wage or at least 130 percent of the average
 9684  private sector wage, whichever is greater.
 9685         2. A reinvestment requirement. Each recipient of an award
 9686  shall reinvest up to 15 percent of net royalty revenues,
 9687  including revenues from spin-off companies and the revenues from
 9688  the sale of stock it receives from the licensing or transfer of
 9689  inventions, methods, processes, and other patentable discoveries
 9690  conceived or reduced to practice using its facilities in Florida
 9691  or its Florida-based employees, in whole or in part, and to
 9692  which the recipient of the grant becomes entitled during the 20
 9693  years following the effective date of its agreement with the
 9694  department office. Each recipient of an award also shall
 9695  reinvest up to 15 percent of the gross revenues it receives from
 9696  naming opportunities associated with any facility it builds in
 9697  this state. Reinvestment payments shall commence no later than 6
 9698  months after the recipient of the grant has received the final
 9699  disbursement under the contract and shall continue until the
 9700  maximum reinvestment, as specified in the contract, has been
 9701  paid. Reinvestment payments shall be remitted to the department
 9702  office for deposit in the Biomedical Research Trust Fund for
 9703  companies specializing in biomedicine or life sciences, or in
 9704  the Economic Development Trust Fund for companies specializing
 9705  in fields other than biomedicine or the life sciences. If these
 9706  trust funds no longer exist at the time of the reinvestment, the
 9707  state’s share of reinvestment shall be deposited in their
 9708  successor trust funds as determined by law. Each recipient of an
 9709  award shall annually submit a schedule of the shares of stock
 9710  held by it as payment of the royalty required by this paragraph
 9711  and report on any trades or activity concerning such stock. Each
 9712  recipient’s reinvestment obligations survive the expiration or
 9713  termination of its agreement with the state.
 9714         3. Requirements for the establishment of internship
 9715  programs or other learning opportunities for educators and
 9716  secondary, postsecondary, graduate, and doctoral students.
 9717         4. A requirement that the recipient submit quarterly
 9718  reports and annual reports related to activities and performance
 9719  to the department office, according to standardized reporting
 9720  periods.
 9721         5. A requirement for an annual accounting to the department
 9722  Office of the expenditure of funds disbursed under this section.
 9723         6. A process for amending the agreement.
 9724         (9) The department Enterprise Florida, Inc., shall validate
 9725  assist the Office in validating the performance of an innovation
 9726  business, a research and development facility, or an alternative
 9727  and renewable energy business that has received an award. At the
 9728  conclusion of the innovation incentive award agreement, or its
 9729  earlier termination, the department Enterprise Florida, Inc.,
 9730  shall, within 90 days, submit a report to the Governor, the
 9731  President of the Senate, and the Speaker of the House of
 9732  Representatives detailing whether the recipient of the
 9733  innovation incentive grant achieved its specified outcomes.
 9734         (11)(a) The department Beginning January 5, 2010, and every
 9735  year thereafter, the office shall submit to the Governor, the
 9736  President of the Senate, and the Speaker of the House of
 9737  Representatives, as part of the annual report, a report
 9738  summarizing the activities and accomplishments of the recipients
 9739  of grants from the Innovation Incentive Program during the
 9740  previous 12 months and an evaluation by the office of whether
 9741  the recipients are catalysts for additional direct and indirect
 9742  economic development in Florida.
 9743         (b) Beginning March 1, 2010, and every third year
 9744  thereafter, the Office of Program Policy Analysis and Government
 9745  Accountability, in consultation with the Auditor General’s
 9746  Office, shall release a report evaluating the Innovation
 9747  Incentive Program’s progress toward creating clusters of high
 9748  wage, high-skilled, complementary industries that serve as
 9749  catalysts for economic growth specifically in the regions in
 9750  which they are located, and generally for the state as a whole.
 9751  Such report should include critical analyses of quarterly and
 9752  annual reports, annual audits, and other documents prepared by
 9753  the Innovation Incentive Program awardees; relevant economic
 9754  development reports prepared by the department office,
 9755  Enterprise Florida, Inc., and local or regional economic
 9756  development organizations; interviews with the parties involved;
 9757  and any other relevant data. Such report should also include
 9758  legislative recommendations, if necessary, on how to improve the
 9759  Innovation Incentive Program so that the program reaches its
 9760  anticipated potential as a catalyst for direct and indirect
 9761  economic development in this state.
 9762         (12) The department office may seek the assistance of the
 9763  Office of Program Policy Analysis and Government Accountability,
 9764  the Legislature’s Office of Economic and Demographic Research,
 9765  and other entities for the purpose of developing performance
 9766  measures or techniques to quantify the synergistic economic
 9767  development impacts that awardees of grants are having within
 9768  their communities.
 9769         Section 156. Paragraph (b) of subsection (4) of section
 9770  288.109, Florida Statutes, is amended to read:
 9771         288.109 One-Stop Permitting System.—
 9772         (4) The One-Stop Permitting System must initially provide
 9773  access to the following state agencies, water management
 9774  districts and counties, with other agencies and counties that
 9775  agree to participate:
 9776         (b) The Department of Economic Opportunity Community
 9777  Affairs.
 9778         Section 157. Section 288.1095, Florida Statutes, is amended
 9779  to read:
 9780         288.1095 Information concerning the One-Stop Permitting
 9781  System.—The department Office of Tourism, Trade, and Economic
 9782  Development shall develop literature that explains the One-Stop
 9783  Permitting System and identifies those counties that have been
 9784  designated as Quick Permitting Counties. The literature must be
 9785  updated at least once each year. To the maximum extent feasible,
 9786  state agencies and Enterprise Florida, Inc., shall distribute
 9787  such literature and inform the public of the One-Stop Permitting
 9788  System and the Quick Permitting Counties. In addition,
 9789  Enterprise Florida, Inc., shall provide this information to
 9790  prospective, new, expanding, and relocating businesses seeking
 9791  to conduct business in this state, municipalities, counties,
 9792  economic-development organizations, and chambers of commerce.
 9793         Section 158. Subsections (1) and (2), paragraphs (d) and
 9794  (e) of subsection (4), paragraph (a) of subsection (6), and
 9795  subsection (8) of section 288.1162, Florida Statutes, are
 9796  amended to read:
 9797         288.1162 Professional sports franchises; duties.—
 9798         (1) The department Office of Tourism, Trade, and Economic
 9799  Development shall serve as the state agency for screening
 9800  applicants for state funding under s. 212.20 and for certifying
 9801  an applicant as a facility for a new or retained professional
 9802  sports franchise.
 9803         (2) The department Office of Tourism, Trade, and Economic
 9804  Development shall develop rules for the receipt and processing
 9805  of applications for funding under s. 212.20.
 9806         (4) Before certifying an applicant as a facility for a new
 9807  or retained professional sports franchise, the department Office
 9808  of Tourism, Trade, and Economic Development must determine that:
 9809         (d) The applicant has projections, verified by the
 9810  department Office of Tourism, Trade, and Economic Development,
 9811  which demonstrate that the new or retained professional sports
 9812  franchise will attract a paid attendance of more than 300,000
 9813  annually.
 9814         (e) The applicant has an independent analysis or study,
 9815  verified by the department Office of Tourism, Trade, and
 9816  Economic Development, which demonstrates that the amount of the
 9817  revenues generated by the taxes imposed under chapter 212 with
 9818  respect to the use and operation of the professional sports
 9819  franchise facility will equal or exceed $2 million annually.
 9820         (6)(a) The department Office of Tourism, Trade, and
 9821  Economic Development shall notify the Department of Revenue of
 9822  any facility certified as a facility for a new or retained
 9823  professional sports franchise. The department Office of Tourism,
 9824  Trade, and Economic Development shall certify no more than eight
 9825  facilities as facilities for a new professional sports franchise
 9826  or as facilities for a retained professional sports franchise,
 9827  including in the total any facilities certified by the former
 9828  Department of Commerce before July 1, 1996. The department
 9829  office may make no more than one certification for any facility.
 9830         (8) An applicant is not qualified for certification under
 9831  this section if the franchise formed the basis for a previous
 9832  certification, unless the previous certification was withdrawn
 9833  by the facility or invalidated by the department Office of
 9834  Tourism, Trade, and Economic Development or the former
 9835  Department of Commerce before any funds were distributed under
 9836  s. 212.20. This subsection does not disqualify an applicant if
 9837  the previous certification occurred between May 23, 1993, and
 9838  May 25, 1993; however, any funds to be distributed under s.
 9839  212.20 for the second certification shall be offset by the
 9840  amount distributed to the previous certified facility.
 9841  Distribution of funds for the second certification shall not be
 9842  made until all amounts payable for the first certification are
 9843  distributed.
 9844         Section 159. Paragraph (f) of subsection (1), and
 9845  subsections (2), (4), (5), (6), (7), and (8) of section
 9846  288.11621, Florida Statutes, are amended to read:
 9847         288.11621 Spring training baseball franchises.—
 9848         (1) DEFINITIONS.—As used in this section, the term:
 9849         (f) “Office” means The Office of Tourism, Trade, and
 9850  Economic Development.
 9851         (2) CERTIFICATION PROCESS.—
 9852         (a) Before certifying an applicant to receive state funding
 9853  for a facility for a spring training franchise, the department
 9854  Office must verify that:
 9855         1. The applicant is responsible for the acquisition,
 9856  construction, management, or operation of the facility for a
 9857  spring training franchise or holds title to the property on
 9858  which the facility for a spring training franchise is located.
 9859         2. The applicant has a certified copy of a signed agreement
 9860  with a spring training franchise for the use of the facility for
 9861  a term of at least 20 years. The agreement also must require the
 9862  franchise to reimburse the state for state funds expended by an
 9863  applicant under this section if the franchise relocates before
 9864  the agreement expires. The agreement may be contingent on an
 9865  award of funds under this section and other conditions
 9866  precedent.
 9867         3. The applicant has made a financial commitment to provide
 9868  50 percent or more of the funds required by an agreement for the
 9869  acquisition, construction, or renovation of the facility for a
 9870  spring training franchise. The commitment may be contingent upon
 9871  an award of funds under this section and other conditions
 9872  precedent.
 9873         4. The applicant demonstrates that the facility for a
 9874  spring training franchise will attract a paid attendance of at
 9875  least 50,000 annually to the spring training games.
 9876         5. The facility for a spring training franchise is located
 9877  in a county that levies a tourist development tax under s.
 9878  125.0104.
 9879         (b) The department office shall competitively evaluate
 9880  applications for state funding of a facility for a spring
 9881  training franchise. The total number of certifications may not
 9882  exceed 10 at any time. The evaluation criteria must include,
 9883  with priority given in descending order to, the following items:
 9884         1. The anticipated effect on the economy of the local
 9885  community where the spring training facility is to be built,
 9886  including projections on paid attendance, local and state tax
 9887  collections generated by spring training games, and direct and
 9888  indirect job creation resulting from the spring training
 9889  activities. Priority shall be given to applicants who can
 9890  demonstrate the largest projected economic impact.
 9891         2. The amount of the local matching funds committed to a
 9892  facility relative to the amount of state funding sought, with
 9893  priority given to applicants that commit the largest amount of
 9894  local matching funds relative to the amount of state funding
 9895  sought.
 9896         3. The potential for the facility to serve multiple uses.
 9897         4. The intended use of the funds by the applicant, with
 9898  priority given to the funds being used to acquire a facility,
 9899  construct a new facility, or renovate an existing facility.
 9900         5. The length of time that a spring training franchise has
 9901  been under an agreement to conduct spring training activities
 9902  within an applicant’s geographic location or jurisdiction, with
 9903  priority given to applicants having agreements with the same
 9904  franchise for the longest period of time.
 9905         6. The length of time that an applicant’s facility has been
 9906  used by one or more spring training franchises, with priority
 9907  given to applicants whose facilities have been in continuous use
 9908  as facilities for spring training the longest.
 9909         7. The term remaining on a lease between an applicant and a
 9910  spring training franchise for a facility, with priority given to
 9911  applicants having the shortest lease terms remaining.
 9912         8. The length of time that a spring training franchise
 9913  agrees to use an applicant’s facility if an application is
 9914  granted under this section, with priority given to applicants
 9915  having agreements for the longest future use.
 9916         9. The net increase of total active recreation space owned
 9917  by the applicant after an acquisition of land for the facility,
 9918  with priority given to applicants having the largest percentage
 9919  increase of total active recreation space that will be available
 9920  for public use.
 9921         10. The location of the facility in a brownfield, an
 9922  enterprise zone, a community redevelopment area, or other area
 9923  of targeted development or revitalization included in an urban
 9924  infill redevelopment plan, with priority given to applicants
 9925  having facilities located in these areas.
 9926         (c) Each applicant certified on or after July 1, 2010,
 9927  shall enter into an agreement with the department office that:
 9928         1. Specifies the amount of the state incentive funding to
 9929  be distributed.
 9930         2. States the criteria that the certified applicant must
 9931  meet in order to remain certified.
 9932         3. States that the certified applicant is subject to
 9933  decertification if the certified applicant fails to comply with
 9934  this section or the agreement.
 9935         4. States that the department office may recover state
 9936  incentive funds if the certified applicant is decertified.
 9937         5. Specifies information that the certified applicant must
 9938  report to the department office.
 9939         6. Includes any provision deemed prudent by the department
 9940  office.
 9941         (4) ANNUAL REPORTS.—On or before September 1 of each year,
 9942  a certified applicant shall submit to the department office a
 9943  report that includes, but is not limited to:
 9944         (a) A copy of its most recent annual audit.
 9945         (b) A detailed report on all local and state funds expended
 9946  to date on the project being financed under this section.
 9947         (c) A copy of the contract between the certified local
 9948  governmental entity and the spring training team.
 9949         (d) A cost-benefit analysis of the team’s impact on the
 9950  community.
 9951         (e) Evidence that the certified applicant continues to meet
 9952  the criteria in effect when the applicant was certified.
 9953         (5) DECERTIFICATION.—
 9954         (a) The department office shall decertify a certified
 9955  applicant upon the request of the certified applicant.
 9956         (b) The department office shall decertify a certified
 9957  applicant if the certified applicant does not:
 9958         1. Have a valid agreement with a spring training franchise;
 9959  or
 9960         2. Satisfy its commitment to provide local matching funds
 9961  to the facility.
 9962  
 9963  However, decertification proceedings against a local government
 9964  certified before July 1, 2010, shall be delayed until 12 months
 9965  after the expiration of the local government’s existing
 9966  agreement with a spring training franchise, and without a new
 9967  agreement being signed, if the certified local government can
 9968  demonstrate to the department office that it is in active
 9969  negotiations with a major league spring training franchise,
 9970  other than the franchise that was the basis for the original
 9971  certification.
 9972         (c) A certified applicant has 60 days after it receives a
 9973  notice of intent to decertify from the department office to
 9974  petition the office’s director for review of the
 9975  decertification. Within 45 days after receipt of the request for
 9976  review, the department director must notify a certified
 9977  applicant of the outcome of the review.
 9978         (d) The department office shall notify the Department of
 9979  Revenue that a certified applicant is decertified within 10 days
 9980  after the order of decertification becomes final. The Department
 9981  of Revenue shall immediately stop the payment of any funds under
 9982  this section that were not encumbered by the certified applicant
 9983  under subparagraph (3)(a)2.
 9984         (e) The department office shall order a decertified
 9985  applicant to repay all of the unencumbered state funds that the
 9986  local government received under this section and any interest
 9987  that accrued on those funds. The repayment must be made within
 9988  60 days after the decertification order becomes final. These
 9989  funds shall be deposited into the General Revenue Fund.
 9990         (f) A local government as defined in s. 218.369 may not be
 9991  decertified by the department if it has paid or pledged for the
 9992  payment of debt service on, or to fund debt service reserve
 9993  funds, arbitrage rebate obligations, or other amounts payable
 9994  with respect thereto, bonds issued for the acquisition,
 9995  construction, reconstruction, or renovation of the facility for
 9996  which the local government was certified, or for the
 9997  reimbursement of such costs or the refinancing of bonds issued
 9998  for the acquisition, construction, reconstruction, or renovation
 9999  of the facility for which the local government was certified, or
10000  for the reimbursement of such costs or the refinancing of bonds
10001  issued for such purpose. This subsection does not preclude or
10002  restrict the ability of a certified local government to
10003  refinance, refund, or defease such bonds.
10004         (6) ADDITIONAL CERTIFICATIONS.—If the department office
10005  decertifies a unit of local government, the department office
10006  may accept applications for an additional certification. A unit
10007  of local government may not be certified for more than one
10008  spring training franchise at any time.
10009         (7) STRATEGIC PLANNING.—
10010         (a) The department office shall request assistance from
10011  Enterprise Florida, Inc., the Florida Sports Foundation and the
10012  Florida Grapefruit League Association to develop a comprehensive
10013  strategic plan to:
10014         1. Finance spring training facilities.
10015         2. Monitor and oversee the use of state funds awarded to
10016  applicants.
10017         3. Identify the financial impact that spring training has
10018  on the state and ways in which to maintain or improve that
10019  impact.
10020         4. Identify opportunities to develop public-private
10021  partnerships to engage in marketing activities and advertise
10022  spring training baseball.
10023         5. Identify efforts made by other states to maintain or
10024  develop partnerships with baseball spring training teams.
10025         6. Develop recommendations for the Legislature to sustain
10026  or improve this state’s spring training tradition.
10027         (b) The department office shall submit a copy of the
10028  strategic plan to the Governor, the President of the Senate, and
10029  the Speaker of the House of Representatives by December 31,
10030  2010.
10031         (8) RULEMAKING.—The department office shall adopt rules to
10032  implement the certification, decertification, and
10033  decertification review processes required by this section.
10034         Section 160. Subsections (1), (2), and (4) of section
10035  288.1168, Florida Statutes, are amended to read:
10036         288.1168 Professional golf hall of fame facility.—
10037         (1) The department of Commerce shall serve as the state
10038  agency for screening applicants for state funding pursuant to s.
10039  212.20 and for certifying one applicant as the professional golf
10040  hall of fame facility in the state.
10041         (2) Before Prior to certifying the professional golf hall
10042  of fame facility, the department of Commerce must determine
10043  that:
10044         (a) The professional golf hall of fame facility is the only
10045  professional golf hall of fame in the United States recognized
10046  by the PGA Tour, Inc.
10047         (b) The applicant is a unit of local government as defined
10048  in s. 218.369 or a private sector group that has contracted to
10049  construct or operate the professional golf hall of fame facility
10050  on land owned by a unit of local government.
10051         (c) The municipality in which the professional golf hall of
10052  fame facility is located, or the county if the facility is
10053  located in an unincorporated area, has certified by resolution
10054  after a public hearing that the application serves a public
10055  purpose.
10056         (d) There are existing projections that the professional
10057  golf hall of fame facility will attract a paid attendance of
10058  more than 300,000 annually.
10059         (e) There is an independent analysis or study, using
10060  methodology approved by the department, which demonstrates that
10061  the amount of the revenues generated by the taxes imposed under
10062  chapter 212 with respect to the use and operation of the
10063  professional golf hall of fame facility will equal or exceed $2
10064  million annually.
10065         (f) The applicant has submitted an agreement to provide $2
10066  million annually in national and international media promotion
10067  of the professional golf hall of fame facility, Florida, and
10068  Florida tourism, through the PGA Tour, Inc., or its affiliates,
10069  at the then-current commercial rate, during the period of time
10070  that the facility receives funds pursuant to s. 212.20. The
10071  department Office of Tourism, Trade, and Economic Development
10072  and the PGA Tour, Inc., or its affiliates, must agree annually
10073  on a reasonable percentage of advertising specifically allocated
10074  for generic Florida advertising. The department Office of
10075  Tourism, Trade, and Economic Development shall have final
10076  approval of all generic advertising. Failure on the part of the
10077  PGA Tour, Inc., or its affiliates to annually provide the
10078  advertising as provided in this paragraph or subsection (6)
10079  shall result in the termination of funding as provided in s.
10080  212.20.
10081         (g) Documentation exists that demonstrates that the
10082  applicant has provided, is capable of providing, or has
10083  financial or other commitments to provide more than one-half of
10084  the costs incurred or related to the improvement and development
10085  of the facility.
10086         (h) The application is signed by an official senior
10087  executive of the applicant and is notarized according to Florida
10088  law providing for penalties for falsification.
10089         (4) Upon determining that an applicant is or is not
10090  certifiable, the department Secretary of Commerce shall notify
10091  the applicant of his or her status by means of an official
10092  letter. If certifiable, the department secretary shall notify
10093  the executive director of the Department of Revenue and the
10094  applicant of such certification by means of an official letter
10095  granting certification. From the date of such certification, the
10096  applicant shall have 5 years to open the professional golf hall
10097  of fame facility to the public and notify the department Office
10098  of Tourism, Trade, and Economic Development of such opening. The
10099  Department of Revenue shall not begin distributing funds until
10100  30 days following notice by the department Office of Tourism,
10101  Trade, and Economic Development that the professional golf hall
10102  of fame facility is open to the public.
10103         Section 161. Subsections (1), (4), and (6) of section
10104  288.1169, Florida Statutes, are amended to read:
10105         288.1169 International Game Fish Association World Center
10106  facility.—
10107         (1) The department of Commerce shall serve as the state
10108  agency approving applicants for funding pursuant to s. 212.20
10109  and for certifying the applicant as the International Game Fish
10110  Association World Center facility. For purposes of this section,
10111  “facility” means the International Game Fish Association World
10112  Center, and “project” means the International Game Fish
10113  Association World Center and new colocated improvements by
10114  private sector concerns who have made cash or in-kind
10115  contributions to the facility of $1 million or more.
10116         (4) Upon determining that an applicant is or is not
10117  certifiable, the department of Commerce shall notify the
10118  applicant of its status by means of an official letter. If
10119  certifiable, the department of Commerce shall notify the
10120  executive director of the Department of Revenue and the
10121  applicant of such certification by means of an official letter
10122  granting certification. From the date of such certification, the
10123  applicant shall have 5 years to open the facility to the public
10124  and notify the department of Commerce of such opening. The
10125  Department of Revenue shall not begin distributing funds until
10126  30 days following notice by the department of Commerce that the
10127  facility is open to the public.
10128         (6) The department of Commerce must recertify every 10
10129  years that the facility is open, that the International Game
10130  Fish Association World Center continues to be the only
10131  international administrative headquarters, fishing museum, and
10132  Hall of Fame in the United States recognized by the
10133  International Game Fish Association, and that the project is
10134  meeting the minimum projections for attendance or sales tax
10135  revenues as required at the time of original certification. If
10136  the facility is not recertified during this 10-year review as
10137  meeting the minimum projections, then funding shall be abated
10138  until certification criteria are met. If the project fails to
10139  generate $1 million of annual revenues pursuant to paragraph
10140  (2)(e), the distribution of revenues pursuant to s.
10141  212.20(6)(d)6.d. shall be reduced to an amount equal to $83,333
10142  multiplied by a fraction, the numerator of which is the actual
10143  revenues generated and the denominator of which is $1 million.
10144  Such reduction remains in effect until revenues generated by the
10145  project in a 12-month period equal or exceed $1 million.
10146         Section 162. Paragraph (d) of subsection (1), and
10147  subsections (2) and (3) of section 288.1171, Florida Statutes,
10148  are amended, and present paragraphs (e) through (g) of
10149  subsection (1) are redesignated as paragraphs (d) through (f),
10150  respectively, to read:
10151         288.1171 Motorsports entertainment complex; definitions;
10152  certification; duties.—
10153         (1) As used in this section, the term:
10154         (d) “Office” means The Office of Tourism, Trade, and
10155  Economic Development of the Executive Office of the Governor.
10156         (2) The department Office of Tourism, Trade, and Economic
10157  Development shall serve as the state agency for screening
10158  applicants for local option funding under s. 218.64(3) and for
10159  certifying an applicant as a motorsports entertainment complex.
10160  The department Office shall develop and adopt rules for the
10161  receipt and processing of applications for funding under s.
10162  218.64(3). The department Office shall make a determination
10163  regarding any application filed by an applicant not later than
10164  120 days after the application is filed.
10165         (3) Before certifying an applicant as a motorsports
10166  entertainment complex, the department Office must determine
10167  that:
10168         (a) A unit of local government holds title to the land on
10169  which the motorsports entertainment complex is located or holds
10170  title to the motorsports entertainment complex.
10171         (b) The municipality in which the motorsports entertainment
10172  complex is located, or the county if the motorsports
10173  entertainment complex is located in an unincorporated area, has
10174  certified by resolution after a public hearing that the
10175  application serves a public purpose.
10176         Section 163. Subsections (2), (4), (5), and (8) of section
10177  288.1175, Florida Statutes, are amended to read:
10178         288.1175 Agriculture education and promotion facility.—
10179         (2) The Department of Agriculture and Consumer Services
10180  shall adopt develop rules pursuant to ss. 120.536(1) and 120.54
10181  for the receipt and processing of applications for funding of
10182  projects pursuant to this section.
10183         (4) The Department of Agriculture and Consumer Services
10184  shall certify a facility as an agriculture education and
10185  promotion facility if the Department of Agriculture and Consumer
10186  Services determines that:
10187         (a) The applicant is a unit of local government as defined
10188  in s. 218.369, or a fair association as defined in s.
10189  616.001(9), which is responsible for the planning, design,
10190  permitting, construction, renovation, management, and operation
10191  of the agriculture education and promotion facility or holds
10192  title to the property on which such facility is to be developed
10193  and located.
10194         (b) The applicant has projections, verified by the
10195  Department of Agriculture and Consumer Services, which
10196  demonstrate that the agriculture education and promotion
10197  facility will serve more than 25,000 visitors annually.
10198         (c) The municipality in which the facility is located, or
10199  the county if the facility is located in an unincorporated area,
10200  has certified by resolution after a public hearing that the
10201  proposed agriculture education and promotion facility serves a
10202  public purpose.
10203         (d) The applicant has demonstrated that it has provided, is
10204  capable of providing, or has financial or other commitments to
10205  provide more than 40 percent of the costs incurred or related to
10206  the planning, design, permitting, construction, or renovation of
10207  the facility. The applicant may include the value of the land
10208  and any improvements thereon in determining its contribution to
10209  the development of the facility.
10210         (5) The Department of Agriculture and Consumer Services
10211  shall competitively evaluate applications for funding of an
10212  agriculture education and promotion facility. If the number of
10213  applicants exceeds three, the Department of Agriculture and
10214  Consumer Services shall rank the applications based upon
10215  criteria developed by the Department of Agriculture and Consumer
10216  Services, with priority given in descending order to the
10217  following items:
10218         (a) The intended use of the funds by the applicant, with
10219  priority given to the construction of a new facility.
10220         (b) The amount of local match, with priority given to the
10221  largest percentage of local match proposed.
10222         (c) The location of the facility in a brownfield site as
10223  defined in s. 376.79(3), a rural enterprise zone as defined in
10224  s. 290.004(6), an agriculturally depressed area as defined in s.
10225  570.242(1), a redevelopment area established pursuant to s.
10226  373.461(5)(g), or a county that has lost its agricultural land
10227  to environmental restoration projects.
10228         (d) The net increase, as a result of the facility, of total
10229  available exhibition, arena, or civic center space within the
10230  jurisdictional limits of the local government in which the
10231  facility is to be located, with priority given to the largest
10232  percentage increase of total exhibition, arena, or civic center
10233  space.
10234         (e) The historic record of the applicant in promoting
10235  agriculture and educating the public about agriculture,
10236  including, without limitation, awards, premiums, scholarships,
10237  auctions, and other such activities.
10238         (f) The highest projection on paid attendance attracted by
10239  the agriculture education and promotion facility and the
10240  proposed economic impact on the local community.
10241         (g) The location of the facility with respect to an
10242  Institute of Food and Agricultural Sciences (IFAS) facility,
10243  with priority given to facilities closer in proximity to an IFAS
10244  facility.
10245         (8) Applications must be submitted by October 1 of each
10246  year. The Department of Agriculture and Consumer Services may
10247  not recommend funding for less than the requested amount to any
10248  applicant certified as an agriculture education and promotion
10249  facility; however, funding of certified applicants shall be
10250  subject to the amount provided by the Legislature in the General
10251  Appropriations Act for this program.
10252         Section 164. Section 288.122, Florida Statutes, is amended
10253  to read:
10254         288.122 Tourism Promotional Trust Fund.—There is created
10255  within the department Office of Tourism, Trade, and Economic
10256  Development of the Executive Office of the Governor the Tourism
10257  Promotional Trust Fund. Moneys deposited in the Tourism
10258  Promotional Trust Fund shall only be used to support the
10259  authorized activities and operations of the Florida Commission
10260  on Tourism, and the to support tourism promotion and marketing
10261  activities, services, functions, and programs administered by
10262  Enterprise Florida, Inc., the Florida Commission on Tourism
10263  through a contract with the commission’s direct-support
10264  organization created under s. 288.1226.
10265         Section 165. Section 288.12265, Florida Statutes, is
10266  amended to read:
10267         288.12265 Welcome centers.—
10268         (1) Responsibility for the welcome centers is assigned to
10269  Enterprise Florida, Inc., the Florida Commission on Tourism
10270  which shall contract with the Florida Tourism Industry Marketing
10271  Corporation commission’s direct-support organization to employ
10272  all welcome center staff.
10273         (2) Enterprise Florida, Inc., The Florida Commission on
10274  Tourism, through its direct-support organization, shall
10275  administer and operate the welcome centers. Pursuant to a
10276  contract with the Department of Transportation, Enterprise
10277  Florida, Inc., the commission shall be responsible for routine
10278  repair, replacement, or improvement and the day-to-day
10279  management of interior areas occupied by the welcome centers.
10280  All other repairs, replacements, or improvements to the welcome
10281  centers shall be the responsibility of the Department of
10282  Transportation.
10283         Section 166. Section 288.124, Florida Statutes, is amended
10284  to read:
10285         288.124 Convention grants program.—Enterprise Florida,
10286  Inc., The Commission on Tourism is authorized to establish a
10287  convention grants program and, pursuant to that program thereto,
10288  to recommend to the department Office of Tourism, Trade, and
10289  Economic Development expenditures and contracts with local
10290  governments and nonprofit corporations or organizations for the
10291  purpose of attracting national conferences and conventions to
10292  Florida. Preference shall be given to local governments and
10293  nonprofit corporations or organizations seeking to attract
10294  minority conventions to Florida. Minority conventions are events
10295  that primarily involve minority persons, as defined in s.
10296  288.703, who are residents or nonresidents of the state.
10297  Enterprise Florida, Inc., The commission shall establish
10298  guidelines governing the award of grants and the administration
10299  of this program. The department Office of Tourism, Trade, and
10300  Economic Development has final approval authority for any grants
10301  under this section. The total annual allocation of funds for
10302  this program shall not exceed $40,000.
10303         Section 167. Subsection (1) of section 288.1251, Florida
10304  Statutes, is amended to read:
10305         288.1251 Promotion and development of entertainment
10306  industry; Office of Film and Entertainment; creation; purpose;
10307  powers and duties.—
10308         (1) CREATION.—
10309         (a) There is hereby created within the department Office of
10310  Tourism, Trade, and Economic Development the Office of Film and
10311  Entertainment for the purpose of developing, marketing,
10312  promoting, and providing services to the state’s entertainment
10313  industry.
10314         (b) The department Office of Tourism, Trade, and Economic
10315  Development shall conduct a national search for a qualified
10316  person to fill the position of Commissioner of Film and
10317  Entertainment when the position is vacant. The executive
10318  director of the department Office of Tourism, Trade, and
10319  Economic Development has the responsibility to hire the film
10320  commissioner. Qualifications for the film commissioner include,
10321  but are not limited to, the following:
10322         1. A working knowledge of the equipment, personnel,
10323  financial, and day-to-day production operations of the
10324  industries to be served by the Office of Film and Entertainment;
10325         2. Marketing and promotion experience related to the film
10326  and entertainment industries to be served;
10327         3. Experience working with a variety of individuals
10328  representing large and small entertainment-related businesses,
10329  industry associations, local community entertainment industry
10330  liaisons, and labor organizations; and
10331         4. Experience working with a variety of state and local
10332  governmental agencies.
10333         Section 168. Subsections (1) and (2), and paragraphs (d),
10334  (f), (g), and (h) of subsection (5) of section 288.1252, Florida
10335  Statutes, are amended to read:
10336         288.1252 Florida Film and Entertainment Advisory Council;
10337  creation; purpose; membership; powers and duties.—
10338         (1) CREATION.—There is hereby created within the department
10339  Office of Tourism, Trade, and Economic Development of the
10340  Executive Office of the Governor, for administrative purposes
10341  only, the Florida Film and Entertainment Advisory Council.
10342         (2) PURPOSE.—The purpose of the council is shall be to
10343  serve as an advisory body to the department Office of Tourism,
10344  Trade, and Economic Development and to the Office of Film and
10345  Entertainment to provide these offices with industry insight and
10346  expertise related to developing, marketing, promoting, and
10347  providing service to the state’s entertainment industry.
10348         (5) POWERS AND DUTIES.—The Florida Film and Entertainment
10349  Advisory Council shall have all the powers necessary or
10350  convenient to carry out and effectuate the purposes and
10351  provisions of this act, including, but not limited to, the power
10352  to:
10353         (d) Consider and study the needs of the entertainment
10354  industry for the purpose of advising the film commissioner and
10355  the department Office of Tourism, Trade, and Economic
10356  Development.
10357         (f) Consider all matters submitted to it by the film
10358  commissioner and the department Office of Tourism, Trade, and
10359  Economic Development.
10360         (g) Advise and consult with the film commissioner and the
10361  department Office of Tourism, Trade, and Economic Development,
10362  at their request or upon its own initiative, regarding the
10363  promulgation, administration, and enforcement of all laws and
10364  rules relating to the entertainment industry.
10365         (h) Suggest policies and practices for the conduct of
10366  business by the Office of Film and Entertainment or by the
10367  department Office of Tourism, Trade, and Economic Development
10368  that will improve internal operations affecting the
10369  entertainment industry and will enhance the economic development
10370  initiatives of the state for the industry.
10371         Section 169. Subsections (1), (2), (3), and (4) of section
10372  288.1253, Florida Statutes, are amended to read:
10373         288.1253 Travel and entertainment expenses.—
10374         (1) As used in this section, the term “travel expenses”
10375  means the actual, necessary, and reasonable costs of
10376  transportation, meals, lodging, and incidental expenses normally
10377  incurred by an employee of the Office of Film and Entertainment,
10378  which costs are defined and prescribed by rules adopted by the
10379  department Office of Tourism, Trade, and Economic Development,
10380  subject to approval by the Chief Financial Officer.
10381         (2) Notwithstanding the provisions of s. 112.061, the
10382  department Office of Tourism, Trade, and Economic Development
10383  shall adopt rules by which it may make expenditures by
10384  reimbursement to: the Governor, the Lieutenant Governor,
10385  security staff of the Governor or Lieutenant Governor, the
10386  Commissioner of Film and Entertainment, or staff of the Office
10387  of Film and Entertainment for travel expenses or entertainment
10388  expenses incurred by such individuals solely and exclusively in
10389  connection with the performance of the statutory duties of the
10390  Office of Film and Entertainment. The rules are subject to
10391  approval by the Chief Financial Officer before adoption. The
10392  rules shall require the submission of paid receipts, or other
10393  proof of expenditure prescribed by the Chief Financial Officer,
10394  with any claim for reimbursement.
10395         (3) The department Office of Tourism, Trade, and Economic
10396  Development shall prepare an annual report of the expenditures
10397  of the Office of Film and Entertainment and provide such report
10398  to the Legislature no later than December 30 of each year for
10399  the expenditures of the previous fiscal year. The report shall
10400  consist of a summary of all travel, entertainment, and
10401  incidental expenses incurred within the United States and all
10402  travel, entertainment, and incidental expenses incurred outside
10403  the United States, as well as a summary of all successful
10404  projects that developed from such travel.
10405         (4) The Office of Film and Entertainment and its employees
10406  and representatives, when authorized, may accept and use
10407  complimentary travel, accommodations, meeting space, meals,
10408  equipment, transportation, and any other goods or services
10409  necessary for or beneficial to the performance of the office’s
10410  duties and purposes, so long as such acceptance or use is not in
10411  conflict with part III of chapter 112. The department Office of
10412  Tourism, Trade, and Economic Development shall, by rule, develop
10413  internal controls to ensure that such goods or services accepted
10414  or used pursuant to this subsection are limited to those that
10415  will assist solely and exclusively in the furtherance of the
10416  office’s goals and are in compliance with part III of chapter
10417  112.
10418         Section 170. Paragraph (a) of subsection (1), paragraphs
10419  (d) and (f) of subsection (3), paragraphs (c) and (d) of
10420  subsection (4), paragraph (a) of subsection (5), and paragraph
10421  (b) of subsection (9) of section 288.1254, Florida Statutes, are
10422  amended to read:
10423         288.1254 Entertainment industry financial incentive
10424  program.—
10425         (1) DEFINITIONS.—As used in this section, the term:
10426         (a) “Certified production” means a qualified production
10427  that has tax credits allocated to it by the department Office of
10428  Tourism, Trade, and Economic Development based on the
10429  production’s estimated qualified expenditures, up to the
10430  production’s maximum certified amount of tax credits, by the
10431  department Office of Tourism, Trade, and Economic Development.
10432  The term does not include a production if its first day of
10433  principal photography or project start date in this state occurs
10434  before the production is certified by the department Office of
10435  Tourism, Trade, and Economic Development, unless the production
10436  spans more than 1 fiscal year, was a certified production on its
10437  first day of principal photography or project start date in this
10438  state, and submits an application for continuing the same
10439  production for the subsequent fiscal year.
10440         (3) APPLICATION PROCEDURE; APPROVAL PROCESS.—
10441         (d) Certification.—The Office of Film and Entertainment
10442  shall review the application within 15 business days after
10443  receipt. Upon its determination that the application contains
10444  all the information required by this subsection and meets the
10445  criteria set out in this section, the Office of Film and
10446  Entertainment shall qualify the applicant and recommend to the
10447  department Office of Tourism, Trade, and Economic Development
10448  that the applicant be certified for the maximum tax credit award
10449  amount. Within 5 business days after receipt of the
10450  recommendation, the department Office of Tourism, Trade, and
10451  Economic Development shall reject the recommendation or certify
10452  the maximum recommended tax credit award, if any, to the
10453  applicant and to the executive director of the Department of
10454  Revenue.
10455         (f) Verification of actual qualified expenditures.—
10456         1. The Office of Film and Entertainment shall develop a
10457  process to verify the actual qualified expenditures of a
10458  certified production. The process must require:
10459         a. A certified production to submit, in a timely manner
10460  after production ends in this state and after making all of its
10461  qualified expenditures in this state, data substantiating each
10462  qualified expenditure, including documentation on the net
10463  expenditure on equipment and other tangible personal property by
10464  the qualified production, to an independent certified public
10465  accountant licensed in this state;
10466         b. Such accountant to conduct a compliance audit, at the
10467  certified production’s expense, to substantiate each qualified
10468  expenditure and submit the results as a report, along with the
10469  required substantiating data, to the Office of Film and
10470  Entertainment; and
10471         c. The Office of Film and Entertainment to review the
10472  accountant’s submittal and report to the department Office of
10473  Tourism, Trade, and Economic Development the final verified
10474  amount of actual qualified expenditures made by the certified
10475  production.
10476         2. The department Office of Tourism, Trade, and Economic
10477  Development shall determine and approve the final tax credit
10478  award amount to each certified applicant based on the final
10479  verified amount of actual qualified expenditures and shall
10480  notify the executive director of the Department of Revenue in
10481  writing that the certified production has met the requirements
10482  of the incentive program and of the final amount of the tax
10483  credit award. The final tax credit award amount may not exceed
10484  the maximum tax credit award amount certified under paragraph
10485  (d).
10486         (4) TAX CREDIT ELIGIBILITY; TAX CREDIT AWARDS; QUEUES;
10487  ELECTION AND DISTRIBUTION; CARRYFORWARD; CONSOLIDATED RETURNS;
10488  PARTNERSHIP AND NONCORPORATE DISTRIBUTIONS; MERGERS AND
10489  ACQUISITIONS.—
10490         (c) Withdrawal of tax credit eligibility.—A qualified or
10491  certified production must continue on a reasonable schedule,
10492  which includes beginning principal photography or the production
10493  project in this state no more than 45 calendar days before or
10494  after the principal photography or project start date provided
10495  in the production’s program application. The department Office
10496  of Tourism, Trade, and Economic Development shall withdraw the
10497  eligibility of a qualified or certified production that does not
10498  continue on a reasonable schedule.
10499         (d) Election and distribution of tax credits.—
10500         1. A certified production company receiving a tax credit
10501  award under this section shall, at the time the credit is
10502  awarded by the department Office of Tourism, Trade, and Economic
10503  Development after production is completed and all requirements
10504  to receive a credit award have been met, make an irrevocable
10505  election to apply the credit against taxes due under chapter
10506  220, against state taxes collected or accrued under chapter 212,
10507  or against a stated combination of the two taxes. The election
10508  is binding upon any distributee, successor, transferee, or
10509  purchaser. The department Office of Tourism, Trade, and Economic
10510  Development shall notify the Department of Revenue of any
10511  election made pursuant to this paragraph.
10512         2. A qualified production company is eligible for tax
10513  credits against its sales and use tax liabilities and corporate
10514  income tax liabilities as provided in this section. However, tax
10515  credits awarded under this section may not be claimed against
10516  sales and use tax liabilities or corporate income tax
10517  liabilities for any tax period beginning before July 1, 2011,
10518  regardless of when the credits are applied for or awarded.
10519         (5) TRANSFER OF TAX CREDITS.—
10520         (a) Authorization.—Upon application to the Office of Film
10521  and Entertainment and approval by the department Office of
10522  Tourism, Trade, and Economic Development, a certified production
10523  company, or a partner or member that has received a distribution
10524  under paragraph (4)(g), may elect to transfer, in whole or in
10525  part, any unused credit amount granted under this section. An
10526  election to transfer any unused tax credit amount under chapter
10527  212 or chapter 220 must be made no later than 5 years after the
10528  date the credit is awarded, after which period the credit
10529  expires and may not be used. The department Office of Tourism,
10530  Trade, and Economic Development shall notify the Department of
10531  Revenue of the election and transfer.
10532         (9) AUDIT AUTHORITY; REVOCATION AND FORFEITURE OF TAX
10533  CREDITS; FRAUDULENT CLAIMS.—
10534         (b) Revocation of tax credits.—The department Office of
10535  Tourism, Trade, and Economic Development may revoke or modify
10536  any written decision qualifying, certifying, or otherwise
10537  granting eligibility for tax credits under this section if it is
10538  discovered that the tax credit applicant submitted any false
10539  statement, representation, or certification in any application,
10540  record, report, plan, or other document filed in an attempt to
10541  receive tax credits under this section. The department Office of
10542  Tourism, Trade, and Economic Development shall immediately
10543  notify the Department of Revenue of any revoked or modified
10544  orders affecting previously granted tax credits. Additionally,
10545  the applicant must notify the Department of Revenue of any
10546  change in its tax credit claimed.
10547         Section 171. Section 288.7015, Florida Statutes, is amended
10548  to read:
10549         288.7015 Appointment of rules ombudsman; duties.—The
10550  Governor shall appoint a rules ombudsman, as defined in s.
10551  288.703, in the Executive Office of the Governor, for
10552  considering the impact of agency rules on the state’s citizens
10553  and businesses. In carrying out duties as provided by law, the
10554  ombudsman shall consult with Enterprise Florida, Inc., at which
10555  point the department office may recommend to improve the
10556  regulatory environment of this state. The duties of the rules
10557  ombudsman are to:
10558         (1) Carry out the responsibility provided in s. 120.54(2),
10559  with respect to small businesses.
10560         (2) Review state agency rules that adversely or
10561  disproportionately impact businesses, particularly those
10562  relating to small and minority businesses.
10563         (3) Make recommendations on any existing or proposed rules
10564  to alleviate unnecessary or disproportionate adverse effects to
10565  businesses.
10566         (4) Each state agency shall cooperate fully with the rules
10567  ombudsman in identifying such rules. Further, each agency shall
10568  take the necessary steps to waive, modify, or otherwise minimize
10569  such adverse effects of any such rules. However, nothing in this
10570  section authorizes any state agency to waive, modify, provide
10571  exceptions to, or otherwise alter any rule that is:
10572         (a) Expressly required to implement or enforce any
10573  statutory provision or the express legislative intent thereof;
10574         (b) Designed to protect persons against discrimination on
10575  the basis of race, color, national origin, religion, sex, age,
10576  handicap, or marital status; or
10577         (c) Likely to prevent a significant risk or danger to the
10578  public health, the public safety, or the environment of the
10579  state.
10580         (5) The modification or waiver of any such rule pursuant to
10581  this section must be accomplished in accordance with the
10582  provisions of chapter 120.
10583         Section 172. Section 288.703, Florida Statutes, is amended
10584  to read:
10585         288.703 Definitions.—As used in ss. 288.702-288.706, the
10586  term this act, the following words and terms shall have the
10587  following meanings unless the content shall indicate another
10588  meaning or intent:
10589         (6)(1) “Small business” means an independently owned and
10590  operated business concern that employs 200 or fewer permanent
10591  full-time employees and that, together with its affiliates, has
10592  a net worth of not more than $5 million or any firm based in
10593  this state which has a Small Business Administration 8(a)
10594  certification. As applicable to sole proprietorships, the $5
10595  million net worth requirement shall include both personal and
10596  business investments.
10597         (3)(2) “Minority business enterprise” means any small
10598  business concern as defined in subsection (6)(1) which is
10599  organized to engage in commercial transactions, which is
10600  domiciled in Florida, and which is at least 51-percent-owned by
10601  minority persons who are members of an insular group that is of
10602  a particular racial, ethnic, or gender makeup or national
10603  origin, which has been subjected historically to disparate
10604  treatment due to identification in and with that group resulting
10605  in an underrepresentation of commercial enterprises under the
10606  group’s control, and whose management and daily operations are
10607  controlled by such persons. A minority business enterprise may
10608  primarily involve the practice of a profession. Ownership by a
10609  minority person does not include ownership which is the result
10610  of a transfer from a nonminority person to a minority person
10611  within a related immediate family group if the combined total
10612  net asset value of all members of such family group exceeds $1
10613  million. For purposes of this subsection, the term “related
10614  immediate family group” means one or more children under 16
10615  years of age and a parent of such children or the spouse of such
10616  parent residing in the same house or living unit.
10617         (4)(3) “Minority person” means a lawful, permanent resident
10618  of Florida who is:
10619         (a) An African American, a person having origins in any of
10620  the black racial groups of the African Diaspora, regardless of
10621  cultural origin.
10622         (b) A Hispanic American, a person of Spanish or Portuguese
10623  culture with origins in Spain, Portugal, Mexico, South America,
10624  Central America, or the Caribbean, regardless of race.
10625         (c) An Asian American, a person having origins in any of
10626  the original peoples of the Far East, Southeast Asia, the Indian
10627  Subcontinent, or the Pacific Islands, including the Hawaiian
10628  Islands before prior to 1778.
10629         (d) A Native American, a person who has origins in any of
10630  the Indian Tribes of North America before prior to 1835, upon
10631  presentation of proper documentation thereof as established by
10632  rule of the Department of Management Services.
10633         (e) An American woman.
10634         (1)(4) “Certified minority business enterprise” means a
10635  business which has been certified by the certifying organization
10636  or jurisdiction in accordance with s. 287.0943(1) and (2).
10637         (5) “Department” means the Department of Management
10638  Services.
10639         (5)(6) “Ombudsman” means an office or individual whose
10640  responsibilities include coordinating with the Office of
10641  Supplier Diversity for the interests of and providing assistance
10642  to small and minority business enterprises in dealing with
10643  governmental agencies and in developing proposals for changes in
10644  state agency rules.
10645         (2)(7) “Financial institution” means any bank, trust
10646  company, insurance company, savings and loan association, credit
10647  union, federal lending agency, or foundation.
10648         (8) “Secretary” means the secretary of the Department of
10649  Management Services.
10650         Section 173. Section 288.705, Florida Statutes, is amended
10651  to read:
10652         288.705 Statewide contracts register.—All state agencies
10653  shall in a timely manner provide the Florida Small Business
10654  Development Center Procurement System with all formal
10655  solicitations for contractual services, supplies, and
10656  commodities. The Small Business Development Center shall
10657  coordinate with Minority Business Development Centers to compile
10658  and distribute this information to small and minority businesses
10659  requesting such service for the period of time necessary to
10660  familiarize the business with the market represented by state
10661  agencies. On or before February 1 of each year, the Small
10662  Business Development Center shall report to the department
10663  Agency for Workforce Innovation on the use of the statewide
10664  contracts register. The report shall include, but not be limited
10665  to, information relating to:
10666         (1) The total number of solicitations received from state
10667  agencies during the calendar year.
10668         (2) The number of solicitations received from each state
10669  agency during the calendar year.
10670         (3) The method of distributing solicitation information to
10671  businesses requesting such service.
10672         (4) The total number of businesses using the service.
10673         (5) The percentage of businesses using the service which
10674  are owned and controlled by minorities.
10675         (6) The percentage of service-disabled veteran business
10676  enterprises using the service.
10677         Section 174. Subsection (12) of section 288.706, Florida
10678  Statutes, is amended to read:
10679         288.706 Florida Minority Business Loan Mobilization
10680  Program.—
10681         (12) The Department of Management Services shall
10682  collaborate with Enterprise Florida, Inc., the Florida Black
10683  Business Investment Board, Inc., and the department Office of
10684  Tourism, Trade, and Economic Development to assist in the
10685  development and enhancement of black business enterprises.
10686         Section 175. Subsection (2) of section 288.7094, Florida
10687  Statutes, is amended to read:
10688         288.7094 Black business investment corporations.—
10689         (2) A black business investment corporation that meets the
10690  requirements of s. 288.7102(4) is eligible to participate in the
10691  Black Business Loan Program and shall receive priority
10692  consideration by the department Office of Tourism, Trade, and
10693  Economic Development for participation in the program.
10694         Section 176. Section 288.7102, Florida Statutes, is amended
10695  to read:
10696         288.7102 Black Business Loan Program.—
10697         (1) The Black Business Loan Program is established in the
10698  department, which Office of Tourism, Trade, and Economic
10699  Development. Under the program, the office shall annually
10700  certify eligible recipients and subsequently disburse funds
10701  appropriated by the Legislature, through such eligible
10702  recipients, to black business enterprises that cannot obtain
10703  capital through conventional lending institutions but that could
10704  otherwise compete successfully in the private sector.
10705         (2) The department office shall establish an application
10706  and annual certification process for entities seeking funds to
10707  participate in providing loans, loan guarantees, or investments
10708  in black business enterprises pursuant to the Florida Black
10709  Business Investment Act. The department office shall process all
10710  applications and recertifications submitted by June 1 on or
10711  before July 31.
10712         (3) If the Black Business Loan Program is appropriated any
10713  funding in a fiscal year, the department Office shall distribute
10714  an equal amount of the appropriation, calculated as the total
10715  annual appropriation divided by the total number of program
10716  recipients certified on or before July 31 of that fiscal year.
10717         (4) To be eligible to receive funds and provide loans, loan
10718  guarantees, or investments under this section, a recipient must:
10719         (a) Be a corporation registered in the state.
10720         (b) For an existing recipient, annually submit to the
10721  department office a financial audit performed by an independent
10722  certified public account for the most recently completed fiscal
10723  year, which audit does not reveal any material weaknesses or
10724  instances of material noncompliance.
10725         (c) For a new recipient:
10726         1. Demonstrate that its board of directors includes
10727  citizens of the state experienced in the development of black
10728  business enterprises.
10729         2. Demonstrate that the recipient has a business plan that
10730  allows the recipient to operate in a manner consistent with this
10731  section ss. 288.707-288.714 and the rules of the department
10732  office.
10733         3. Demonstrate that the recipient has the technical skills
10734  to analyze and evaluate applications by black business
10735  enterprises for loans, loan guarantees, or investments.
10736         4. Demonstrate that the recipient has established viable
10737  partnerships with public and private funding sources, economic
10738  development agencies, and workforce development and job referral
10739  networks.
10740         5. Demonstrate that the recipient can provide a private
10741  match equal to 20 percent of the amount of funds provided by the
10742  department office.
10743         (d) For an existing or new recipient, agree to maintain the
10744  recipient’s books and records relating to funds received by the
10745  department office according to generally accepted accounting
10746  principles and in accordance with the requirements of s.
10747  215.97(7) and to make those books and records available to the
10748  department office for inspection upon reasonable notice.
10749         (5) Each eligible recipient must meet the requirements of
10750  this section provisions of ss. 288.707-288.714, the terms of the
10751  contract between the recipient and the department Office, and
10752  any other applicable state or federal laws. An entity may not
10753  receive funds under ss. 288.707-288.714 unless the entity meets
10754  annual certification requirements.
10755         (6) Upon approval by the department Office and before
10756  release of the funds as provided in this section, the department
10757  Office shall issue a letter certifying the applicant as
10758  qualified for an award. The department Office and the applicant
10759  shall enter into an agreement that sets forth the conditions for
10760  award of the funds. The agreement must include the total amount
10761  of funds awarded; the performance conditions that must be met
10762  once the funding has been awarded, including, but not limited
10763  to, compliance with all of the requirements of this section for
10764  eligible recipients of funds under this section; and sanctions
10765  for failure to meet performance conditions, including any
10766  provisions to recover awards.
10767         (7) The department Office, in consultation with the board,
10768  shall adopt rules pursuant to ss. 120.536(1) and 120.54 to
10769  implement this section.
10770         (8) A black business investment corporation certified by
10771  the department Office as an eligible recipient under this
10772  section is authorized to use funds appropriated for the Black
10773  Business Loan Program in any of the following forms:
10774         (a) Purchases of stock, preferred or common, voting or
10775  nonvoting; however, no more than 40 percent of the funds may be
10776  used for direct investments in black business enterprises;
10777         (b) Loans or loan guarantees, with or without recourse, in
10778  either a subordinated or priority position; or
10779         (c) Technical support to black business enterprises, not to
10780  exceed 9 percent of the funds received, and direct
10781  administrative costs, not to exceed 12 percent of the funds
10782  received.
10783         (9) It is the intent of the Legislature that if any one
10784  type of investment mechanism authorized in subsection (8) is
10785  held to be invalid, all other valid mechanisms remain available.
10786         (10) All loans, loan guarantees, and investments, and any
10787  income related thereto, shall be used to carry out the public
10788  purpose of ss. 288.707-288.714, which is to develop black
10789  business enterprises. This subsection does not preclude a
10790  reasonable profit for the participating black business
10791  investment corporation or for return of equity developed to the
10792  state and participating financial institutions upon any
10793  distribution of the assets or excess income of the investment
10794  corporation.
10795         Section 177. Section 288.714, Florida Statutes, is amended
10796  to read:
10797         288.714 Quarterly and annual reports.—
10798         (1) Each recipient of state funds under s. 288.7102 shall
10799  provide to the department Office a quarterly report within 15
10800  days after the end of each calendar quarter that includes a
10801  detailed summary of the recipient’s performance of the duties
10802  imposed by s. 288.7102, including, but not limited to:
10803         (a) The dollar amount of all loans or loan guarantees made
10804  to black business enterprises, the percentages of the loans
10805  guaranteed, and the names and identification of the types of
10806  businesses served.
10807         (b) Loan performance information.
10808         (c) The amount and nature of all other financial assistance
10809  provided to black business enterprises.
10810         (d) The amount and nature of technical assistance provided
10811  to black business enterprises, including technical assistance
10812  services provided in areas in which such services are otherwise
10813  unavailable.
10814         (e) A balance sheet for the recipient, including an
10815  explanation of all investments and administrative and
10816  operational expenses.
10817         (f) A summary of all services provided to nonblack business
10818  enterprises, including the dollar value and nature of such
10819  services and the names and identification of the types of
10820  businesses served.
10821         (g) Any other information as required by policies adopted
10822  by the department Office.
10823         (2) The department Office must compile a summary of all
10824  quarterly reports and provide a copy of the summary to the board
10825  within 30 days after the end of each calendar quarter that
10826  includes a detailed summary of the recipient’s performance of
10827  the duties imposed by s. 288.7102.
10828         (3) By August 31 of each year, the department Office shall
10829  provide to the Governor, the President of the Senate, and the
10830  Speaker of the House of Representatives a detailed report of the
10831  performance of the Black Business Loan Program. The report must
10832  include a cumulative summary of quarterly report data required
10833  by subsection (1).
10834         (4) By August 31 of each year, the board shall provide to
10835  the Governor, the President of the Senate, and the Speaker of
10836  the House of Representatives a detailed report of the board’s
10837  performance, including:
10838         (a) A description of the strategies implemented by the
10839  board to increase private investment in black business
10840  enterprises.
10841         (b) A summary of the board’s performance of its duties
10842  under ss. 288.707-288.712.
10843         (c) The most recent 5-year projection of the need for
10844  capital by black business enterprises.
10845         (d) Recommendations for legislative or other changes to
10846  enhance the development and expansion of black business
10847  enterprises in the state.
10848         (e) A projection of the program’s activities during the
10849  next 12 months.
10850         Section 178. Subsection (1) of section 288.773, Florida
10851  Statutes, is amended to read:
10852         288.773 Florida Export Finance Corporation.—The Florida
10853  Export Finance Corporation is hereby created as a corporation
10854  not for profit, to be incorporated under the provisions of
10855  chapter 617 and approved by the Department of State. The
10856  corporation is organized on a nonstock basis. The purpose of the
10857  corporation is to expand employment and income opportunities for
10858  residents of this state through increased exports of goods and
10859  services, by providing businesses domiciled in this state
10860  information and technical assistance on export opportunities,
10861  exporting techniques, and financial assistance through
10862  guarantees and direct loan originations for sale in support of
10863  export transactions. The corporation shall have the power and
10864  authority to carry out the following functions:
10865         (1) To coordinate the efforts of the corporation with
10866  programs and goals of the United States Export-Import Bank, the
10867  International Trade Administration of the United States
10868  Department of Commerce, the Foreign Credit Insurance
10869  Association, Enterprise Florida, Inc., and its boards, and other
10870  private and public programs and organizations, domestic and
10871  foreign, designed to provide export assistance and export
10872  related financing.
10873         Section 179. Paragraph (b) of subsection (3) of section
10874  288.774, Florida Statutes, is amended to read:
10875         288.774 Powers and limitations.—
10876         (3)
10877         (b) In providing assistance, the board shall be guided by
10878  the statewide economic development plan adopted by the
10879  department pursuant to s. 288.905.
10880         Section 180. Paragraph (a) of subsection (1) and paragraph
10881  (g) of subsection (3) of section 288.776, Florida Statutes, are
10882  amended to read:
10883         288.776 Board of directors; powers and duties.—
10884         (1)(a) The corporation shall have a board of directors
10885  consisting of 15 members representing all geographic areas of
10886  the state. Minority and gender representation must be considered
10887  when making appointments to the board. The board membership must
10888  include:
10889         1. A representative of the following businesses, all of
10890  which must be registered to do business in this state: a foreign
10891  bank, a state bank, a federal bank, an insurance company
10892  involved in covering trade financing risks, and a small or
10893  medium-sized exporter.
10894         2. The following persons or their designee: the President
10895  of Enterprise Florida, Inc., the Chief Financial Officer, the
10896  Secretary of State, and a senior official of the United States
10897  Department of Commerce, and the chair of the Florida Black
10898  Business Investment Board.
10899         (3) The board shall:
10900         (g) Consult with Enterprise Florida, Inc., and its boards,
10901  or any state or federal agency, to ensure that the respective
10902  loan guarantee or working capital loan origination programs are
10903  not duplicative and that each program makes full use of, to the
10904  extent practicable, the resources of the other.
10905         Section 181. Section 288.7771, Florida Statutes, is amended
10906  to read:
10907         288.7771 Annual report of Florida Export Finance
10908  Corporation.—The corporation shall annually prepare and submit
10909  to the department Enterprise Florida, Inc., for inclusion in its
10910  annual report required by s. 288.095 a complete and detailed
10911  report setting forth:
10912         (1) The report required in s. 288.776(3).
10913         (2) Its assets and liabilities at the end of its most
10914  recent fiscal year.
10915         Section 182. Section 288.816, Florida Statutes, is amended
10916  to read:
10917         288.816 Intergovernmental relations.—
10918         (1) The state protocol officer Office of Tourism, Trade,
10919  and Economic Development shall be responsible for consular
10920  operations and the sister city and sister state program and
10921  shall serve as liaison with foreign, federal, and other state
10922  international organizations and with county and municipal
10923  governments in Florida.
10924         (2) The state protocol officer Office of Tourism, Trade,
10925  and Economic Development shall be responsible for all consular
10926  relations between the state and all foreign governments doing
10927  business in Florida. The state protocol officer office shall
10928  monitor United States laws and directives to ensure that all
10929  federal treaties regarding foreign privileges and immunities are
10930  properly observed. The state protocol officer office shall
10931  promulgate rules which shall:
10932         (a) Establish a viable system of registration for foreign
10933  government officials residing or having jurisdiction in the
10934  state. Emphasis shall be placed on maintaining active
10935  communication between the state protocol officer Office of
10936  Tourism, Trade, and Economic Development and the United States
10937  Department of State in order to be currently informed regarding
10938  foreign governmental personnel stationed in, or with official
10939  responsibilities for, Florida. Active dialogue shall also be
10940  maintained with foreign countries which historically have had
10941  dealings with Florida in order to keep them informed of the
10942  proper procedure for registering with the state.
10943         (b) Maintain and systematically update a current and
10944  accurate list of all such foreign governmental officials,
10945  consuls, or consulates.
10946         (c) Issue certificates to such foreign governmental
10947  officials after verification pursuant to proper investigations
10948  through United States Department of State sources and the
10949  appropriate foreign government.
10950         (d) Verify entitlement to sales and use tax exemptions
10951  pursuant to United States Department of State guidelines and
10952  identification methods.
10953         (e) Verify entitlement to issuance of special motor vehicle
10954  license plates by the Division of Motor Vehicles of the
10955  Department of Highway Safety and Motor Vehicles to honorary
10956  consuls or such other officials representing foreign governments
10957  who are not entitled to issuance of special Consul Corps license
10958  plates by the United States Government.
10959         (f) Establish a system of communication to provide all
10960  state and local law enforcement agencies with information
10961  regarding proper procedures relating to the arrest or
10962  incarceration of a foreign citizen.
10963         (g) Request the Department of Law Enforcement to provide
10964  transportation and protection services when necessary pursuant
10965  to s. 943.68.
10966         (h) Coordinate, when necessary, special activities between
10967  foreign governments and Florida state and local governments.
10968  These may include Consular Corps Day, Consular Corps
10969  conferences, and various other social, cultural, or educational
10970  activities.
10971         (i) Notify all newly arrived foreign governmental officials
10972  of the services offered by the state protocol officer Office of
10973  Tourism, Trade, and Economic Development.
10974         (3) The state protocol officer Office of Tourism, Trade,
10975  and Economic Development shall operate the sister city and
10976  sister state program and establish such new programs as needed
10977  to further global understanding through the interchange of
10978  people, ideas, and culture between Florida and the world. To
10979  accomplish this purpose, the state protocol officer office shall
10980  have the power and authority to:
10981         (a) Coordinate and carry out activities designed to
10982  encourage the state and its subdivisions to participate in
10983  sister city and sister state affiliations with foreign countries
10984  and their subdivisions. Such activities may include a State of
10985  Florida sister cities conference.
10986         (b) Encourage cooperation with and disseminate information
10987  pertaining to the Sister Cities International Program and any
10988  other program whose object is to promote linkages with foreign
10989  countries and their subdivisions.
10990         (c) Maximize any aid available from all levels of
10991  government, public and private agencies, and other entities to
10992  facilitate such activities.
10993         (d) Establish a viable system of registration for sister
10994  city and sister state affiliations between the state and foreign
10995  countries and their subdivisions. Such system shall include a
10996  method to determine that sufficient ties are properly
10997  established as well as a method to supervise how these ties are
10998  maintained.
10999         (e) Maintain a current and accurate listing of all such
11000  affiliations. Sister city affiliations shall not be discouraged
11001  between the state and any country specified in s. 620(f)(1) of
11002  the federal Foreign Assistance Act of 1961, as amended, with
11003  whom the United States is currently conducting diplomatic
11004  relations unless a mandate from the United States Government
11005  expressly prohibits such affiliations.
11006         (4) The state protocol officer Office of Tourism, Trade,
11007  and Economic Development shall serve as a contact for the state
11008  with the Florida Washington Office, the Florida Congressional
11009  Delegation, and United States Government agencies with respect
11010  to laws or policies which may affect the interests of the state
11011  in the area of international relations. All inquiries received
11012  regarding international economic trade development or reverse
11013  investment opportunities shall be referred to Enterprise
11014  Florida, Inc. In addition, the state protocol officer office
11015  shall serve as liaison with other states with respect to
11016  international programs of interest to Florida. The state
11017  protocol officer office shall also investigate and make
11018  suggestions regarding possible areas of joint action or regional
11019  cooperation with these states.
11020         (5) The state protocol officer Office of Tourism, Trade,
11021  and Economic Development shall have the power and duty to
11022  encourage the relocation to Florida of consular offices and
11023  multilateral and international agencies and organizations.
11024         (6) The department and Enterprise Florida, Inc., Office of
11025  Tourism, Trade, and Economic Development, through membership on
11026  the board of directors of Enterprise Florida, Inc., shall help
11027  to contribute an international perspective to the state’s
11028  development efforts.
11029         Section 183. Paragraph (a) of subsection (1) and subsection
11030  (2) of section 288.809, Florida Statutes, are amended to read:
11031         288.809 Florida Intergovernmental Relations Foundation; use
11032  of property; board of directors; audit.—
11033         (1) DEFINITIONS.—For the purposes of this section, the
11034  term:
11035         (a) “Florida Intergovernmental Relations Foundation” means
11036  a direct-support organization:
11037         1. Which is a corporation not for profit that is
11038  incorporated under the provisions of chapter 617 and approved by
11039  the Department of State;
11040         2. Which is organized and operated exclusively to solicit,
11041  receive, hold, invest, and administer property and, subject to
11042  the approval of the state protocol officer Office of Tourism,
11043  Trade, and Economic Development, to make expenditures to or for
11044  the promotion of intergovernmental relations programs; and
11045         3. Which the state protocol officer Office of Tourism,
11046  Trade, and Economic Development, after review, has certified to
11047  be operating in a manner consistent with the policies and goals
11048  of the state protocol officer office.
11049         (2) USE OF PROPERTY.—The state protocol officer Office of
11050  Tourism, Trade, and Economic Development:
11051         (a) May Is authorized to permit the use of property,
11052  facilities, and personal services of the Executive Office of the
11053  Governor Office of Tourism, Trade, and Economic Development by
11054  the foundation, subject to the provisions of this section.
11055         (b) Shall prescribe conditions with which the foundation
11056  must comply in order to use property, facilities, or personal
11057  services of the department. Such conditions shall provide for
11058  budget and audit review and for oversight by the state protocol
11059  officer Office of Tourism, Trade, and Economic Development.
11060         (c) Shall not permit the use of property, facilities, or
11061  personal services of the foundation if the foundation does not
11062  provide equal employment opportunities to all persons,
11063  regardless of race, color, national origin, sex, age, or
11064  religion.
11065         Section 184. Subsections (2) through (8) of section
11066  288.8175, Florida Statutes, are renumbered as subsections (1)
11067  through (7), respectively, and present subsections (1), (3),
11068  (4), and (8) of that section are amended to read:
11069         288.8175 Linkage institutes between postsecondary
11070  institutions in this state and foreign countries.—
11071         (1) As used in this section, the term “department” means
11072  the Department of Education.
11073         (2)(3) Each institute must be governed by an agreement
11074  between the Board of Governors of the State University System
11075  for a state university and the State Board of Education for a
11076  community college with the counterpart organization in a foreign
11077  country. Each institute must report to the Department of
11078  Education regarding its program activities, expenditures, and
11079  policies.
11080         (3)(4) Each institute must be co-administered in this state
11081  by a university-community college partnership, as designated in
11082  subsection (5), and must have a private sector and public sector
11083  advisory committee. The advisory committee must be
11084  representative of the international education and commercial
11085  interests of the state and may have members who are native to
11086  the foreign country partner. Six members must be appointed by
11087  the Department of Education. The Department of Education must
11088  appoint at least one member who is an international educator.
11089  The presidents, or their designees, of the participating
11090  university and community college must also serve on the advisory
11091  committee.
11092         (7)(8) A linkage institute may not be created or funded
11093  except upon the recommendation of the Department of Education
11094  and except by amendment to this section.
11095         Section 185. Section 288.826, Florida Statutes, is amended
11096  to read:
11097         288.826 Florida International Trade and Promotion Trust
11098  Fund.—There is hereby established in the State Treasury the
11099  Florida International Trade and Promotion Trust Fund. The moneys
11100  deposited into this trust fund shall be administered by the
11101  department Office of Tourism, Trade, and Economic Development
11102  for the operation of Enterprise Florida, Inc., and its boards
11103  and for the operation of Florida international foreign offices
11104  under s. 288.012.
11105         Section 186. Subsections (2) and (5) of section 288.95155,
11106  Florida Statutes, are amended to read:
11107         288.95155 Florida Small Business Technology Growth
11108  Program.—
11109         (2)(a) Enterprise Florida, Inc., shall establish a separate
11110  small business technology growth account in the Florida
11111  Technology Research Investment Fund for purposes of this
11112  section. Moneys in the account shall consist of appropriations
11113  by the Legislature, proceeds of any collateral used to secure
11114  such assistance, transfers, fees assessed for providing or
11115  processing such financial assistance, grants, interest earnings,
11116  and earnings on financial assistance.
11117         (b) For the 2009-2010 fiscal year only, Enterprise Florida,
11118  Inc., shall advance up to $600,000 from the account to the
11119  Institute for Commercialization of Public Research for its
11120  operations. This paragraph expires July 1, 2010.
11121         (5) Enterprise Florida, Inc., shall prepare for inclusion
11122  in the and include in its annual report of the department
11123  required by s. 288.095 a report on the financial status of the
11124  program. The report must specify the assets and liabilities of
11125  the program within the current fiscal year and must include a
11126  portfolio update that lists all of the businesses assisted, the
11127  private dollars leveraged by each business assisted, and the
11128  growth in sales and in employment of each business assisted.
11129         Section 187. Paragraph (e) of subsection (2), paragraph (a)
11130  of subsection (4), subsection (7), paragraph (b) of subsection
11131  (8), subsection (9), paragraph (l) of subsection (10), and
11132  subsection (15) of section 288.955, Florida Statutes, are
11133  amended, and present subsections (16) and (17) of that section
11134  are renumbered as subsections (15) and (16), respectively, to
11135  read:
11136         288.955 Scripps Florida Funding Corporation.—
11137         (2) CREATION.—
11138         (e) The department Office of Tourism, Trade, and Economic
11139  Development shall provide administrative support to the
11140  corporation as requested by the corporation. In the event of the
11141  dissolution of the corporation, the department office shall be
11142  the corporation’s successor in interest and shall assume all
11143  rights, duties, and obligations of the corporation under any
11144  contract to which the corporation is then a party and under law.
11145         (4) BOARD; MEMBERSHIP.—The corporation shall be governed by
11146  a board of directors.
11147         (a) The board of directors shall consist of nine voting
11148  members, of whom the Governor shall appoint three, the President
11149  of the Senate shall appoint three, and the Speaker of the House
11150  of Representatives shall appoint three. The executive director
11151  of the department Office of Tourism, Trade, and Economic
11152  Development or the director’s designee shall serve as an ex
11153  officio, nonvoting member of the board of directors.
11154         (7) INVESTMENT OF FUNDS.—The corporation must enter into an
11155  agreement with the State Board of Administration under which
11156  funds received by the corporation from the department Office of
11157  Tourism, Trade, and Economic Development which are not disbursed
11158  to the grantee shall be invested by the State Board of
11159  Administration on behalf of the corporation. Funds shall be
11160  invested in suitable instruments authorized under s. 215.47 and
11161  specified in investment guidelines established and agreed to by
11162  the State Board of Administration and the corporation.
11163         (8) CONTRACT.—
11164         (b) The contract, at a minimum, must contain provisions:
11165         1. Specifying the procedures and schedules that govern the
11166  disbursement of funds under this section and specifying the
11167  conditions or deliverables that the grantee must satisfy before
11168  the release of each disbursement.
11169         2. Requiring the grantee to submit to the corporation a
11170  business plan in a form and manner prescribed by the
11171  corporation.
11172         3. Prohibiting The Scripps Research Institute or the
11173  grantee from establishing other biomedical science or research
11174  facilities in any state other than this state or California for
11175  a period of 12 years from the commencement of the contract.
11176  Nothing in this subparagraph shall prohibit the grantee from
11177  establishing or engaging in normal collaborative activities with
11178  other organizations.
11179         4. Governing the ownership of or security interests in real
11180  property and personal property, including, but not limited to,
11181  research equipment, obtained through the financial support of
11182  state or local government, including a provision that in the
11183  event of a breach of the contract or in the event the grantee
11184  ceases operations in this state, such property purchased with
11185  state funds shall revert to the state and such property
11186  purchased with local funds shall revert to the local governing
11187  authority.
11188         5. Requiring the grantee to be an equal opportunity
11189  employer.
11190         6. Requiring the grantee to maintain a policy of awarding
11191  preference in employment to residents of this state, as defined
11192  by law, except for professional scientific staff positions
11193  requiring a doctoral degree, postdoctoral training positions,
11194  and graduate student positions.
11195         7. Requiring the grantee to maintain a policy of making
11196  purchases from vendors in this state, to the extent it is cost
11197  effective and scientifically sound.
11198         8. Requiring the grantee to use the Internet-based job
11199  listing system of the department Agency for Workforce Innovation
11200  in advertising employment opportunities.
11201         9. Requiring the grantee to establish accredited science
11202  degree programs.
11203         10. Requiring the grantee to establish internship programs
11204  to create learning opportunities for educators and secondary,
11205  postsecondary, graduate, and doctoral students.
11206         11. Requiring the grantee to submit data to the corporation
11207  on the activities and performance during each fiscal year and to
11208  provide to the corporation an annual accounting of the
11209  expenditure of funds disbursed under this section.
11210         12. Establishing that the corporation shall review the
11211  activities of the grantee to assess the grantee’s financial and
11212  operational compliance with the provisions of the contract and
11213  with relevant provisions of law.
11214         13. Authorizing the grantee, when feasible, to use
11215  information submitted by it to the Federal Government or to
11216  other organizations awarding research grants to the grantee to
11217  help meet reporting requirements imposed under this section or
11218  the contract, if the information satisfies the reporting
11219  standards of this section and the contract.
11220         14. Requiring the grantee during the first 7 years of the
11221  contract to create 545 positions and to acquire associated
11222  research equipment for the grantee’s facility in this state, and
11223  pay for related maintenance of the equipment, in a total amount
11224  of not less than $45 million.
11225         15. Requiring the grantee to progress in the creation of
11226  the total number of jobs prescribed in subparagraph 14. on the
11227  following schedule: At least 38 positions in the 1st year, 168
11228  positions in the 2nd year, 280 positions in the 3rd year, 367
11229  positions in the 4th year, 436 positions in the 5th year, 500
11230  positions in the 6th year, and 545 positions in the 7th year.
11231  The board may allow the grantee to deviate downward from such
11232  employee levels by 25 percent in any year, to allow the grantee
11233  flexibility in achieving the objectives set forth in the
11234  business plan provided to the corporation; however, the grantee
11235  must have no fewer than 545 positions by the end of the 7th
11236  year.
11237         16. Requiring the grantee to allow the corporation to
11238  retain an independent certified public accountant licensed in
11239  this state pursuant to chapter 473 to inspect the records of the
11240  grantee in order to audit the expenditure of funds disbursed to
11241  the grantee. The independent certified public accountant shall
11242  not disclose any confidential or proprietary scientific
11243  information of the grantee.
11244         17. Requiring the grantee to purchase liability insurance
11245  and governing the coverage level of such insurance.
11246         (9) PERFORMANCE EXPECTATIONS.—In addition to the provisions
11247  prescribed in subsection (8), the contract between the
11248  corporation and the grantee shall include a provision that the
11249  grantee, in cooperation with the department Office of Tourism,
11250  Trade, and Economic Development, shall report to the corporation
11251  on performance expectations that reflect the aspirations of the
11252  Governor and the Legislature for the benefits accruing to this
11253  state as a result of the funds appropriated pursuant to this
11254  section. These shall include, but are not limited to,
11255  performance expectations addressing:
11256         (a) The number and dollar value of research grants obtained
11257  from the Federal Government or sources other than this state.
11258         (b) The percentage of total research dollars received by
11259  The Scripps Research Institute from sources other than this
11260  state which is used to conduct research activities by the
11261  grantee in this state.
11262         (c) The number or value of patents obtained by the grantee.
11263         (d) The number or value of licensing agreements executed by
11264  the grantee.
11265         (e) The extent to which research conducted by the grantee
11266  results in commercial applications.
11267         (f) The number of collaborative agreements reached and
11268  maintained with colleges and universities in this state and with
11269  research institutions in this state, including agreements that
11270  foster participation in research opportunities by public and
11271  private colleges and universities and research institutions in
11272  this state with significant minority populations, including
11273  historically black colleges and universities.
11274         (g) The number of collaborative partnerships established
11275  and maintained with businesses in this state.
11276         (h) The total amount of funding received by the grantee
11277  from sources other than the State of Florida.
11278         (i) The number or value of spin-off businesses created in
11279  this state as a result of commercialization of the research of
11280  the grantee.
11281         (j) The number or value of businesses recruited to this
11282  state by the grantee.
11283         (k) The establishment and implementation of policies to
11284  promote supplier diversity using the guidelines developed by the
11285  Office of Supplier Diversity under s. 287.09451 and to comply
11286  with the ordinances, including any small business ordinances,
11287  enacted by the county and which are applicable to the biomedical
11288  research institution and campus located in this state.
11289         (l) The designation by the grantee of a representative to
11290  coordinate with the Office of Supplier Diversity.
11291         (m) The establishment and implementation of a program to
11292  conduct workforce recruitment activities at public and private
11293  colleges and universities and community colleges in this state
11294  which request the participation of the grantee.
11295  
11296  The contract shall require the grantee to provide information to
11297  the corporation on the progress in meeting these performance
11298  expectations on an annual basis. It is the intent of the
11299  Legislature that, in fulfilling its obligation to work with
11300  Florida’s public and private colleges and universities, Scripps
11301  Florida work with such colleges and universities regardless of
11302  size.
11303         (10) DISBURSEMENT CONDITIONS.—In addition to the provisions
11304  prescribed in subsection (8), the contract between the
11305  corporation and the grantee shall include disbursement
11306  conditions that must be satisfied by the grantee as a condition
11307  for the continued disbursement of funds under this section.
11308  These disbursement conditions shall be negotiated between the
11309  corporation and the grantee and shall not be designed to impede
11310  the ability of the grantee to attain full operational status.
11311  The disbursement conditions may be appropriately varied as to
11312  timeframes, numbers, values, and percentages. The disbursement
11313  conditions shall include, but are not limited to, the following
11314  areas:
11315         (l) Beginning June 2004, the grantee shall commence
11316  collaboration efforts with the department Office of Tourism,
11317  Trade, and Economic Development by complying with reasonable
11318  requests for cooperation in economic development efforts in the
11319  biomed/biotech industry. No later than July 2004, the grantee
11320  shall designate a person who shall be charged with assisting in
11321  these collaborative efforts.
11322         (15) PROGRAM EVALUATION.—
11323         (a) Before January 1, 2007, the Office of Program Policy
11324  Analysis and Government Accountability shall conduct a
11325  performance audit of the Office of Tourism, Trade, and Economic
11326  Development and the corporation relating to the provisions of
11327  this section. The audit shall assess the implementation and
11328  outcomes of activities under this section. At a minimum, the
11329  audit shall address:
11330         1. Performance of the Office of Tourism, Trade, and
11331  Economic Development in disbursing funds appropriated under this
11332  section.
11333         2. Performance of the corporation in managing and enforcing
11334  the contract with the grantee.
11335         3. Compliance by the corporation with the provisions of
11336  this section and the provisions of the contract.
11337         4. Economic activity generated through funds disbursed
11338  under the contract.
11339         (b) Before January 1, 2010, the Office of Program Policy
11340  Analysis and Government Accountability shall update the report
11341  required under this subsection. In addition to addressing the
11342  items prescribed in paragraph (a), the updated report shall
11343  include a recommendation on whether the Legislature should
11344  retain the statutory authority for the corporation.
11345  
11346  A report of each audit’s findings and recommendations shall be
11347  submitted to the Governor, the President of the Senate, and the
11348  Speaker of the House of Representatives. In completing the
11349  performance audits required under this subsection, the Office of
11350  Program Policy Analysis and Government Accountability shall
11351  maximize the use of reports submitted by the grantee to the
11352  Federal Government or to other organizations awarding research
11353  grants to the grantee.
11354         Section 188. Subsection (2) of section 288.9604, Florida
11355  Statutes, is amended to read:
11356         288.9604 Creation of the authority.—
11357         (2) The Governor, subject to confirmation by the Senate,
11358  shall appoint the board of directors of the corporation, who
11359  shall be five in number. The terms of office for the directors
11360  shall be for 4 years from the date of their appointment. A
11361  vacancy occurring during a term shall be filled for the
11362  unexpired term. A director shall be eligible for reappointment.
11363  At least three of the directors of the corporation shall be
11364  bankers who have been selected by the Governor from a list of
11365  bankers who were nominated by Enterprise Florida, Inc., and one
11366  of the directors shall be an economic development specialist.
11367  The chairperson of the Florida Black Business Investment Board
11368  shall be an ex officio member of the board of the corporation.
11369         Section 189. Paragraph (v) of subsection (2) of section
11370  288.9605, Florida Statutes, is amended to read:
11371         288.9605 Corporation powers.—
11372         (2) The corporation is authorized and empowered to:
11373         (v) Enter into investment agreements with Enterprise
11374  Florida, Inc., the Florida Black Business Investment Board
11375  concerning the issuance of bonds and other forms of indebtedness
11376  and capital for the purposes of ss. 288.707-288.714.
11377         Section 190. Subsection (1) of section 288.9606, Florida
11378  Statutes, is amended to read:
11379         288.9606 Issue of revenue bonds.—
11380         (1) When authorized by a public agency pursuant to s.
11381  163.01(7), the corporation has power in its corporate capacity,
11382  in its discretion, to issue revenue bonds or other evidences of
11383  indebtedness which a public agency has the power to issue, from
11384  time to time to finance the undertaking of any purpose of this
11385  act and ss. 288.707-288.714, including, without limiting the
11386  generality thereof, the payment of principal and interest upon
11387  any advances for surveys and plans or preliminary loans, and has
11388  the power to issue refunding bonds for the payment or retirement
11389  of bonds previously issued. Bonds issued pursuant to this
11390  section shall bear the name “Florida Development Finance
11391  Corporation Revenue Bonds.” The security for such bonds may be
11392  based upon such revenues as are legally available. In
11393  anticipation of the sale of such revenue bonds, the corporation
11394  may issue bond anticipation notes and may renew such notes from
11395  time to time, but the maximum maturity of any such note,
11396  including renewals thereof, may not exceed 5 years from the date
11397  of issuance of the original note. Such notes shall be paid from
11398  any revenues of the corporation available therefor and not
11399  otherwise pledged or from the proceeds of sale of the revenue
11400  bonds in anticipation of which they were issued. Any bond, note,
11401  or other form of indebtedness issued pursuant to this act shall
11402  mature no later than the end of the 30th fiscal year after the
11403  fiscal year in which the bond, note, or other form of
11404  indebtedness was issued.
11405         Section 191. Subsection (1) of section 288.9624, Florida
11406  Statutes, are amended to read:
11407         288.9624 Florida Opportunity Fund; creation; duties.—
11408         (1)(a) Enterprise Florida, Inc., shall facilitate the
11409  creation of the Florida Opportunity Fund, a private, not-for
11410  profit corporation organized and operated under chapter 617.
11411  Enterprise Florida, Inc., shall be the fund’s sole shareholder
11412  or member. The fund is not a public corporation or
11413  instrumentality of the state. The fund shall manage its business
11414  affairs and conduct business consistent with its organizational
11415  documents and the purposes set forth in this section.
11416  Notwithstanding the powers granted under chapter 617, the
11417  corporation may not amend, modify, or repeal a bylaw or article
11418  of incorporation without the express written consent of
11419  Enterprise Florida, Inc.
11420         (b) The board of directors of the Florida Opportunity Fund
11421  shall have five members, appointed by vote of the board of
11422  directors of Enterprise Florida, Inc. Board members shall serve
11423  terms as provided in the fund’s organizational documents. Within
11424  90 days before an anticipated vacancy by expiration of the term
11425  of a board member, the board of directors of the fund shall
11426  submit a list of three eligible nominees, which may include the
11427  incumbent, to the board of directors of Enterprise Florida, Inc.
11428  The board of directors of Enterprise Florida, Inc., may appoint
11429  a board member from the nominee list or may request and appoint
11430  from a new list of three nominees not included on the previous
11431  list. The vice chair of Enterprise Florida, Inc., shall select
11432  from among its sitting board of directors a five-person
11433  appointment committee. The appointment committee shall select
11434  five initial members of a board of directors for the fund.
11435         (c) The persons appointed elected to the initial board of
11436  directors by the appointment committee shall include persons who
11437  have expertise in the area of the selection and supervision of
11438  early stage investment managers or in the fiduciary management
11439  of investment funds and other areas of expertise as considered
11440  appropriate by the appointment committee.
11441         (d) After election of the initial board of directors,
11442  vacancies on the board shall be filled by vote of the board of
11443  directors of Enterprise Florida, Inc., and board members shall
11444  serve terms as provided in the fund’s organizational documents.
11445         (d)(e) Members of the board are subject to any restrictions
11446  on conflicts of interest specified in the organizational
11447  documents and may not have an interest in any venture capital
11448  investment selected by the fund under ss. 288.9621-288.9624.
11449         (e)(f) Members of the board shall serve without
11450  compensation, but members, the president of the board, and other
11451  board employees may be reimbursed for all reasonable, necessary,
11452  and actual expenses as determined and approved by the board
11453  pursuant to s. 112.061.
11454         (f)(g) The fund shall have all powers granted under its
11455  organizational documents and shall indemnify members to the
11456  broadest extent permissible under the laws of this state.
11457         Section 192. Subsections (3), (4), (5), and (6) of section
11458  288.9625, Florida Statutes, are amended to read:
11459         288.9625 Institute for the Commercialization of Public
11460  Research.—There is established at a public university or
11461  research center in this state the Institute for the
11462  Commercialization of Public Research.
11463         (3) The articles of incorporation of the institute must be
11464  approved in a written agreement with the department Enterprise
11465  Florida, Inc. The agreement and the articles of incorporation
11466  shall:
11467         (a) Provide that the institute shall provide equal
11468  employment opportunities for all persons regardless of race,
11469  color, religion, gender, national origin, age, handicap, or
11470  marital status;
11471         (b) Provide that the institute is subject to the public
11472  records and meeting requirements of s. 24, Art. I of the State
11473  Constitution;
11474         (c) Provide that all officers, directors, and employees of
11475  the institute shall be governed by the code of ethics for public
11476  officers and employees as set forth in part III of chapter 112;
11477         (d) Provide that members of the board of directors of the
11478  institute are responsible for the prudent use of all public and
11479  private funds and that they will ensure that the use of funds is
11480  in accordance with all applicable laws, bylaws, and contractual
11481  requirements; and
11482         (e) Provide that the fiscal year of the institute is from
11483  July 1 to June 30.
11484         (4) The affairs of the institute shall be managed by a
11485  board of directors who shall serve without compensation. Each
11486  director shall have only one vote. The chair of the board of
11487  directors shall be selected by a majority vote of the directors,
11488  a quorum being present. The board of directors shall consist of
11489  the following five members:
11490         (a) The executive director of the department chair of
11491  Enterprise Florida, Inc., or the director’s chair’s designee.
11492         (b) The president of the university where the institute is
11493  located or the president’s designee unless multiple universities
11494  jointly sponsor the institute, in which case the presidents of
11495  the sponsoring universities shall agree upon a designee.
11496         (c) Three directors appointed by the Governor to 3-year
11497  staggered terms, to which the directors may be reappointed.
11498         (5) The board of directors shall provide a copy of the
11499  institute’s annual report to the Governor, the President of the
11500  Senate, the Speaker of the House of Representatives, Enterprise
11501  Florida, Inc., and the president of the university at which the
11502  institute is located.
11503         (6) The department Enterprise Florida, Inc., the president
11504  and the board of trustees of the university where the institute
11505  is located, the Auditor General, and the Office of Program
11506  Policy Analysis and Government Accountability may require and
11507  receive from the institute or its independent auditor any detail
11508  or supplemental data relative to the operation of the institute.
11509         Section 193. Subsections (3), (8), and (9) of section
11510  288.975, Florida Statutes, are amended to read:
11511         288.975 Military base reuse plans.—
11512         (3) No later than 6 months after the designation of a
11513  military base for closure by the Federal Government, each host
11514  local government shall notify the department secretary of the
11515  Department of Community Affairs and the director of the Office
11516  of Tourism, Trade, and Economic Development in writing, by hand
11517  delivery or return receipt requested, as to whether it intends
11518  to use the optional provisions provided in this act. If a host
11519  local government does not opt to use the provisions of this act,
11520  land use planning and regulation pertaining to base reuse
11521  activities within those host local governments shall be subject
11522  to all applicable statutory requirements, including those
11523  contained within chapters 163 and 380.
11524         (8) At the request of a host local government, the
11525  department Office of Tourism, Trade, and Economic Development
11526  shall coordinate a presubmission workshop concerning a military
11527  base reuse plan within the boundaries of the host jurisdiction.
11528  Agencies that shall participate in the workshop shall include
11529  any affected local governments; the Department of Environmental
11530  Protection; the department Office of Tourism, Trade, and
11531  Economic Development; the Department of Community Affairs; the
11532  Department of Transportation; the Department of Health; the
11533  Department of Children and Family Services; the Department of
11534  Juvenile Justice; the Department of Agriculture and Consumer
11535  Services; the Department of State; the Fish and Wildlife
11536  Conservation Commission; and any applicable water management
11537  districts and regional planning councils. The purposes of the
11538  workshop shall be to assist the host local government to
11539  understand issues of concern to the above listed entities
11540  pertaining to the military base site and to identify
11541  opportunities for better coordination of planning and review
11542  efforts with the information and analyses generated by the
11543  federal environmental impact statement process and the federal
11544  community base reuse planning process.
11545         (9) If a host local government elects to use the optional
11546  provisions of this act, it shall, no later than 12 months after
11547  notifying the agencies of its intent pursuant to subsection (3)
11548  either:
11549         (a) Send a copy of the proposed military base reuse plan
11550  for review to any affected local governments; the Department of
11551  Environmental Protection; the department Office of Tourism,
11552  Trade, and Economic Development; the Department of Community
11553  Affairs; the Department of Transportation; the Department of
11554  Health; the Department of Children and Family Services; the
11555  Department of Juvenile Justice; the Department of Agriculture
11556  and Consumer Services; the Department of State; the Fish and
11557  Wildlife Conservation Commission; and any applicable water
11558  management districts and regional planning councils, or
11559         (b) Petition the department secretary of the Department of
11560  Community Affairs for an extension of the deadline for
11561  submitting a proposed reuse plan. Such an extension request must
11562  be justified by changes or delays in the closure process by the
11563  federal Department of Defense or for reasons otherwise deemed to
11564  promote the orderly and beneficial planning of the subject
11565  military base reuse. The department secretary of the Department
11566  of Community Affairs may grant extensions to the required
11567  submission date of the reuse plan.
11568         Section 194. Paragraph (b) of subsection (1), paragraphs
11569  (a) and (c) of subsection (2) and subsections (3), (4), (5),
11570  (6), (7), and (9) of section 288.980, Florida Statutes, are
11571  amended to read:
11572         288.980 Military base retention; legislative intent; grants
11573  program.—
11574         (1)
11575         (b) The Florida Defense Alliance, an organization within
11576  Enterprise Florida, is designated as the organization to ensure
11577  that Florida, its resident military bases and missions, and its
11578  military host communities are in competitive positions as the
11579  United States continues its defense realignment and downsizing.
11580  The defense alliance shall serve as an overall advisory body for
11581  Enterprise Florida defense-related activity of Enterprise
11582  Florida, Inc. The Florida Defense Alliance may receive funding
11583  from appropriations made for that purpose administered by the
11584  department Office of Tourism, Trade, and Economic Development.
11585         (2)(a) The department Office of Tourism, Trade, and
11586  Economic Development is authorized to award grants from any
11587  funds available to it to support activities related to the
11588  retention of military installations potentially affected by
11589  federal base closure or realignment.
11590         (c) Except for grants issued pursuant to the Florida
11591  Military Installation Reuse Planning and Marketing Grant Program
11592  as described in paragraph (3)(c), the amount of any grant
11593  provided to an applicant may not exceed $250,000. The department
11594  Office of Tourism, Trade, and Economic Development shall require
11595  that an applicant:
11596         1. Represent a local government with a military
11597  installation or military installations that could be adversely
11598  affected by federal base realignment or closure.
11599         2. Agree to match at least 30 percent of any grant awarded.
11600         3. Prepare a coordinated program or plan of action
11601  delineating how the eligible project will be administered and
11602  accomplished.
11603         4. Provide documentation describing the potential for
11604  realignment or closure of a military installation located in the
11605  applicant’s community and the adverse impacts such realignment
11606  or closure will have on the applicant’s community.
11607         (3) The Florida Economic Reinvestment Initiative is
11608  established to respond to the need for this state and defense
11609  dependent communities in this state to develop alternative
11610  economic diversification strategies to lessen reliance on
11611  national defense dollars in the wake of base closures and
11612  reduced federal defense expenditures and the need to formulate
11613  specific base reuse plans and identify any specific
11614  infrastructure needed to facilitate reuse. The initiative shall
11615  consist of the following two three distinct grant programs to be
11616  administered by the department Office of Tourism, Trade, and
11617  Economic Development:
11618         (a) The Florida Defense Planning Grant Program, through
11619  which funds shall be used to analyze the extent to which the
11620  state is dependent on defense dollars and defense infrastructure
11621  and prepare alternative economic development strategies. The
11622  state shall work in conjunction with defense-dependent
11623  communities in developing strategies and approaches that will
11624  help communities make the transition from a defense economy to a
11625  nondefense economy. Grant awards may not exceed $250,000 per
11626  applicant and shall be available on a competitive basis.
11627         (b) The Florida Defense Implementation Grant Program,
11628  through which funds shall be made available to defense-dependent
11629  communities to implement the diversification strategies
11630  developed pursuant to paragraph (a). Eligible applicants include
11631  defense-dependent counties and cities, and local economic
11632  development councils located within such communities. Grant
11633  awards may not exceed $100,000 per applicant and shall be
11634  available on a competitive basis. Awards shall be matched on a
11635  one-to-one basis.
11636  
11637  Applications for grants under this subsection must include a
11638  coordinated program of work or plan of action delineating how
11639  the eligible project will be administered and accomplished,
11640  which must include a plan for ensuring close cooperation between
11641  civilian and military authorities in the conduct of the funded
11642  activities and a plan for public involvement.
11643         (4) The Defense Infrastructure Grant Program is created.
11644  The department director of the Office of Tourism, Trade, and
11645  Economic Development shall coordinate and implement this
11646  program, the purpose of which is to support local infrastructure
11647  projects deemed to have a positive impact on the military value
11648  of installations within the state. Funds are to be used for
11649  projects that benefit both the local community and the military
11650  installation. It is not the intent, however, to fund on-base
11651  military construction projects. Infrastructure projects to be
11652  funded under this program include, but are not limited to, those
11653  related to encroachment, transportation and access, utilities,
11654  communications, housing, environment, and security. Grant
11655  requests will be accepted only from economic development
11656  applicants serving in the official capacity of a governing board
11657  of a county, municipality, special district, or state agency
11658  that will have the authority to maintain the project upon
11659  completion. An applicant must represent a community or county in
11660  which a military installation is located. There is no limit as
11661  to the amount of any grant awarded to an applicant. A match by
11662  the county or local community may be required. The department
11663  Office of Tourism, Trade, and Economic Development shall
11664  establish guidelines to implement the purpose of this
11665  subsection.
11666         (5)(a) The Defense-Related Business Adjustment Program is
11667  hereby created. The department Director of the Office of
11668  Tourism, Trade, and Economic Development shall coordinate the
11669  development of the Defense-Related Business Adjustment Program.
11670  Funds shall be available to assist defense-related companies in
11671  the creation of increased commercial technology development
11672  through investments in technology. Such technology must have a
11673  direct impact on critical state needs for the purpose of
11674  generating investment-grade technologies and encouraging the
11675  partnership of the private sector and government defense-related
11676  business adjustment. The following areas shall receive
11677  precedence in consideration for funding commercial technology
11678  development: law enforcement or corrections, environmental
11679  protection, transportation, education, and health care. Travel
11680  and costs incidental thereto, and staff salaries, are not
11681  considered an “activity” for which grant funds may be awarded.
11682         (b) The department Office shall require that an applicant:
11683         1. Be a defense-related business that could be adversely
11684  affected by federal base realignment or closure or reduced
11685  defense expenditures.
11686         2. Agree to match at least 50 percent of any funds awarded
11687  by the United States Department of Defense in cash or in-kind
11688  services. Such match shall be directly related to activities for
11689  which the funds are being sought.
11690         3. Prepare a coordinated program or plan delineating how
11691  the funds will be administered.
11692         4. Provide documentation describing how defense-related
11693  realignment or closure will adversely impact defense-related
11694  companies.
11695         (6) The Retention of Military Installations Program is
11696  created. The department Director of the Office of Tourism,
11697  Trade, and Economic Development shall coordinate and implement
11698  this program. The sum of $1.2 million is appropriated from the
11699  General Revenue Fund for fiscal year 1999-2000 to the Office of
11700  Tourism, Trade, and Economic Development to implement this
11701  program for military installations located in counties with a
11702  population greater than 824,000. The funds shall be used to
11703  assist military installations potentially affected by federal
11704  base closure or realignment in covering current operating costs
11705  in an effort to retain the installation in this state. An
11706  eligible military installation for this program shall include a
11707  provider of simulation solutions for war-fighting
11708  experimentation, testing, and training which employs at least
11709  500 civilian and military employees and has been operating in
11710  the state for a period of more than 10 years.
11711         (7) The department director may award nonfederal matching
11712  funds specifically appropriated for construction, maintenance,
11713  and analysis of a Florida defense workforce database. Such funds
11714  will be used to create a registry of worker skills that can be
11715  used to match the worker needs of companies that are relocating
11716  to this state or to assist workers in relocating to other areas
11717  within this state where similar or related employment is
11718  available.
11719         (9) The department Office of Tourism, Trade, and Economic
11720  Development shall establish guidelines to implement and carry
11721  out the purpose and intent of this section.
11722         Section 195. Paragraphs (a), (e), and (f) of subsection (2)
11723  of section 288.984, Florida Statutes, are amended to read:
11724         288.984 Florida Council on Military Base and Mission
11725  Support.—The Florida Council on Military Base and Mission
11726  Support is established. The council shall provide oversight and
11727  direction for initiatives, claims, and actions taken on behalf
11728  of the state, its agencies, and political subdivisions under
11729  this part.
11730         (2) MEMBERSHIP.—
11731         (a) The council shall be composed of nine members. The
11732  President of the Senate, the Speaker of the House of
11733  Representatives, and the Governor shall each appoint three
11734  members as follows:
11735         1. The President of the Senate shall appoint one member of
11736  the Senate, one community representative from a community-based
11737  defense support organization, and one member who is a retired
11738  military general or flag-rank officer residing in this state or
11739  an executive officer of a defense contracting firm doing
11740  significant business in this state.
11741         2. The Speaker of the House of Representatives shall
11742  appoint one member of the House of Representatives, one
11743  community representative from a community-based defense support
11744  organization, and one member who is a retired military general
11745  or flag-rank officer residing in this state or an executive
11746  officer of a defense contracting firm doing significant business
11747  in this state.
11748         3. The Governor shall appoint the executive director of the
11749  department or the director’s designee, a board member of
11750  Enterprise Florida, Inc., director or designee of the Office of
11751  Tourism, Trade, and Economic Development, the vice chairperson
11752  or designee of Enterprise Florida, Inc., and one at-large
11753  member.
11754         (e) The department Office of Tourism, Trade, and Economic
11755  Development shall provide administrative support to the council.
11756         (f) The Secretary of Community Affairs or his or her
11757  designee, the Secretary of Environmental Protection or his or
11758  her designee, the Secretary of Transportation or his or her
11759  designee, the Adjutant General of the state or his or her
11760  designee, and the executive director of the Department of
11761  Veterans’ Affairs or his or her designee shall attend meetings
11762  held by the council and provide assistance, information, and
11763  support as requested by the council.
11764         Section 196. Subsections (2) and (5) and paragraph (b) of
11765  subsection (9) of section 288.9913, Florida Statutes, are
11766  amended, and present subsections (3) through (10) of that
11767  section are renumbered as subsections (2) through (8),
11768  respectively, to read:
11769         288.9913 Definitions.—As used in ss. 288.991-288.9922, the
11770  term:
11771         (2) “Department” means the Department of Revenue.
11772         (5) “Office” means the Office of Tourism, Trade, and
11773  Economic Development.
11774         (7)(9) “Qualified investment” means an equity investment
11775  in, or a long-term debt security issued by, a qualified
11776  community development entity that:
11777         (b) Is designated by the qualified community development
11778  entity as a qualified investment under this paragraph and is
11779  approved by the department office as a qualified investment.
11780         Section 197. Subsections (1), (2), and (3), paragraphs (a)
11781  and (b) of subsection (4), and subsection (6) of section
11782  288.9914, Florida Statutes, are amended to read:
11783         288.9914 Certification of qualified investments; investment
11784  issuance reporting.—
11785         (1) ELIGIBLE INDUSTRIES.—
11786         (a) The department office, in consultation with Enterprise
11787  Florida, Inc., shall designate industries using the North
11788  American Industry Classification System which are eligible to
11789  receive low-income community investments. The designated
11790  industries must be those industries that have the greatest
11791  potential to create strong positive impacts on or benefits to
11792  the state, regional, and local economies.
11793         (b) A qualified community development entity may not make a
11794  qualified low-income community investment in a business unless
11795  the principal activities of the business are within an eligible
11796  industry. The department office may waive this limitation if the
11797  department office determines that the investment will have a
11798  positive impact on a community.
11799         (2) APPLICATION.—A qualified community development entity
11800  must submit an application to the department Office to approve a
11801  proposed investment as a qualified investment. The application
11802  must include:
11803         (a) The name, address, and tax identification number of the
11804  qualified community development entity.
11805         (b) Proof of certification as a qualified community
11806  development entity under 26 U.S.C. s. 45D.
11807         (c) A copy of an allocation agreement executed by the
11808  entity, or its controlling entity, and the Community Development
11809  Financial Institutions Fund, which authorizes the entity to
11810  serve businesses in this state.
11811         (d) A verified statement by the chief executive officer of
11812  the entity that the allocation agreement remains in effect.
11813         (e) A description of the proposed amount, structure, and
11814  purchaser of an equity investment or long-term debt security.
11815         (f) The name and tax identification number of any person
11816  authorized to claim a tax credit earned as a result of the
11817  purchase of the proposed qualified investment.
11818         (g) A detailed explanation of the proposed use of the
11819  proceeds from a proposed qualified investment.
11820         (h) A nonrefundable application fee of $1,000, payable to
11821  the department office.
11822         (i) A statement that the entity will invest only in the
11823  industries designated by the department office.
11824         (j) The entity’s plans for the development of relationships
11825  with community-based organizations, local community development
11826  offices and organizations, and economic development
11827  organizations. The entity must also explain steps it has taken
11828  to implement its plans to develop these relationships.
11829         (k) A statement that the entity will not invest in a
11830  qualified active low-income community business unless the
11831  business will create or retain jobs that pay an average wage of
11832  at least 115 percent of the federal poverty income guidelines
11833  for a family of four.
11834         (3) REVIEW.—
11835         (a) The department office shall review applications to
11836  approve an investment as a qualified investment in the order
11837  received. The department office shall approve or deny an
11838  application within 30 days after receipt.
11839         (b) If the department office intends to deny the
11840  application, the department office shall inform the applicant of
11841  the basis of the proposed denial. The applicant shall have 15
11842  days after it receives the notice of the intent to deny the
11843  application to submit a revised application to the department
11844  office. The department office shall issue a final order
11845  approving or denying the revised application within 30 days
11846  after receipt.
11847         (c) The department office may not approve a cumulative
11848  amount of qualified investments that may result in the claim of
11849  more than $97.5 million in tax credits during the existence of
11850  the program or more than $20 million in tax credits in a single
11851  state fiscal year. However, the potential for a taxpayer to
11852  carry forward an unused tax credit may not be considered in
11853  calculating the annual limit.
11854         (4) APPROVAL.—
11855         (a) The department office shall provide a copy of the final
11856  order approving an investment as a qualified investment to the
11857  qualified community development entity and to the Department of
11858  Revenue. The notice shall include the identity of the taxpayers
11859  who are eligible to claim the tax credits and the amount that
11860  may be claimed by each taxpayer.
11861         (b) The department office shall approve an application for
11862  part of the amount of the proposed investment if the amount of
11863  tax credits available is insufficient.
11864         (6) REPORT OF ISSUANCE OF A QUALIFIED INVESTMENT.—The
11865  qualified community development entity must provide the
11866  department office with evidence of the receipt of the cash in
11867  exchange for the qualified investment within 30 business days
11868  after receipt.
11869         Section 198. Subsection (2) of section 288.9916, Florida
11870  Statutes, is amended to read:
11871         288.9916 New markets tax credit.—
11872         (2) A tax credit earned under this section may not be sold
11873  or transferred, except as provided in this subsection.
11874         (a) A partner, member, or shareholder of a partnership,
11875  limited liability company, S-corporation, or other “pass
11876  through” entity may claim the tax credit pursuant to an
11877  agreement among the partners, members, or shareholders. Any
11878  change in the allocation of a tax credit under the agreement
11879  must be reported to the department office and to the Department
11880  of Revenue.
11881         (b) Eligibility to claim a tax credit transfers to
11882  subsequent purchasers of a qualified investment. Such transfers
11883  must be reported to the department office and to the Department
11884  of Revenue along with the identity, tax identification number,
11885  and tax credit amount allocated to a taxpayer pursuant to
11886  paragraph (a). The notice of transfer also must state whether
11887  unused tax credits are being transferred and the amount of
11888  unused tax credits being transferred.
11889         Section 199. Section 288.9917, Florida Statutes, is amended
11890  to read:
11891         288.9917 Community development entity reporting after a
11892  credit allowance date; certification of tax credit amount.—
11893         (1) A qualified community development entity that has
11894  issued a qualified investment shall submit the following to the
11895  department office within 30 days after each credit allowance
11896  date:
11897         (a) A list of all qualified active low-income community
11898  businesses in which a qualified low-income community investment
11899  was made since the last credit allowance date. The list shall
11900  also describe the type and amount of investment in each business
11901  and the address of the principal location of each business. The
11902  list must be verified by the chief executive officer of the
11903  community development entity.
11904         (b) Bank records, wire transfer records, or similar
11905  documents that provide evidence of the qualified low-income
11906  community investments made since the last credit allowance date.
11907         (c) A verified statement by the chief financial or
11908  accounting officer of the community development entity that no
11909  redemption or principal repayment was made with respect to the
11910  qualified investment since the previous credit allowance date.
11911         (d) Information relating to the recapture of the federal
11912  new markets tax credit since the last credit allowance date.
11913         (2) The department office shall certify in writing to the
11914  qualified community development entity and to the Department of
11915  Revenue the amount of the tax credit authorized for each
11916  taxpayer eligible to claim the tax credit in the tax year
11917  containing the last credit allowance date.
11918         Section 200. Section 288.9918, Florida Statutes, is amended
11919  to read:
11920         288.9918 Annual reporting by a community development
11921  entity.—A community development entity that has issued a
11922  qualified investment shall submit an annual report to the
11923  department office by April 30 after the end of each year which
11924  includes a credit allowance date. The report shall include:
11925         (1) The entity’s annual financial statements for the
11926  preceding tax year, audited by an independent certified public
11927  accountant.
11928         (2) The identity of the types of industries, identified by
11929  the North American Industry Classification System Code, in which
11930  qualified low-income community investments were made.
11931         (3) The names of the counties in which the qualified active
11932  low-income businesses are located which received qualified low
11933  income community investments.
11934         (4) The number of jobs created and retained by qualified
11935  active low-income community businesses receiving qualified low
11936  income community investments, including verification that the
11937  average wages paid meet or exceed 115 percent of the federal
11938  poverty income guidelines for a family of four.
11939         (5) A description of the relationships that the entity has
11940  established with community-based organizations and local
11941  community development offices and organizations and a summary of
11942  the outcomes resulting from those relationships.
11943         (6) Other information and documentation required by the
11944  department office to verify continued certification as a
11945  qualified community development entity under 26 U.S.C. s. 45D.
11946         Section 201. Section 288.9919, Florida Statutes, is amended
11947  to read:
11948         288.9919 Audits and examinations; penalties.—
11949         (1) AUDITS.—A community development entity that issues an
11950  investment approved by the department office as a qualified
11951  investment shall be deemed a recipient of state financial
11952  assistance under s. 215.97, the Florida Single Audit Act.
11953  However, an entity that makes a qualified investment or receives
11954  a qualified low-income community investment is not a
11955  subrecipient for the purposes of s. 215.97.
11956         (2) EXAMINATIONS.—The department office may conduct
11957  examinations to verify compliance with the New Markets
11958  Development Program Act.
11959         Section 202. Section 288.9920, Florida Statutes, is amended
11960  to read:
11961         288.9920 Recapture and penalties.—
11962         (1) Notwithstanding s. 95.091, the department office shall
11963  direct the Department of Revenue, at any time before December
11964  31, 2022, to recapture all or a portion of a tax credit
11965  authorized pursuant to the New Markets Development Program Act
11966  if one or more of the following occur:
11967         (a) The Federal Government recaptures any portion of the
11968  federal new markets tax credit. The recapture by the Department
11969  of Revenue shall equal the recapture by the Federal Government.
11970         (b) The qualified community development entity redeems or
11971  makes a principal repayment on a qualified investment before the
11972  final allowance date. The recapture by the Department of Revenue
11973  shall equal the redemption or principal repayment divided by the
11974  purchase price and multiplied by the tax credit authorized to a
11975  taxpayer for the qualified investment.
11976         (c)1. The qualified community development entity fails to
11977  invest at least 85 percent of the purchase price in qualified
11978  low-income community investments within 12 months after the
11979  issuance of a qualified investment; or
11980         2. The qualified community development entity fails to
11981  maintain 85 percent of the purchase price in qualified low
11982  income community investments until the last credit allowance
11983  date for a qualified investment.
11984  
11985  For the purposes of this paragraph, an investment by a qualified
11986  community development entity includes principal recovered from
11987  an investment for 12 months after its recovery or principal
11988  recovered after the sixth credit allowance date. Principal held
11989  for longer than 12 months or recovered before the sixth credit
11990  allowance date is not an investment unless it is reinvested in a
11991  qualified low-income community investment.
11992         (d) The qualified community development entity fails to
11993  provide the department office with information, reports, or
11994  documentation required by the New Markets Development Program
11995  Act.
11996         (e) The department office determines that a taxpayer
11997  received tax credits to which the taxpayer was not entitled.
11998         (2) The department office shall provide notice to the
11999  qualified community development entity and the Department of
12000  Revenue of a proposed recapture of a tax credit. The entity
12001  shall have 6 months following the receipt of the notice to cure
12002  a deficiency identified in the notice and avoid recapture. The
12003  department office shall issue a final order of recapture if the
12004  entity fails to cure a deficiency within the 6-month period. The
12005  final order of recapture shall be provided to the entity, the
12006  Department of Revenue, and a taxpayer otherwise authorized to
12007  claim the tax credit. Only one correction is permitted for each
12008  qualified equity investment during the 7-year credit period.
12009  Recaptured funds shall be deposited into the General Revenue
12010  Fund.
12011         (3) An entity that submits fraudulent information to the
12012  department office is liable for the costs associated with the
12013  investigation and prosecution of the fraudulent claim plus a
12014  penalty in an amount equal to double the tax credits claimed by
12015  investors in the entity’s qualified investments. This penalty is
12016  in addition to any other penalty that may be imposed by law.
12017         Section 203. Section 288.9921, Florida Statutes, is amended
12018  to read:
12019         288.9921 Rulemaking.—The Department of Economic Opportunity
12020  Office and the Department of Revenue may adopt rules pursuant to
12021  ss. 120.536(1) and 120.54 to administer ss. 288.991-288.9920.
12022         Section 204. Section 290.004, Florida Statutes, is amended
12023  to read:
12024         290.004 Definitions relating to Florida Enterprise Zone
12025  Act.—As used in ss. 290.001-290.016:
12026         (1) “Community investment corporation” means a black
12027  business investment corporation, a certified development
12028  corporation, a small business investment corporation, or other
12029  similar entity incorporated under Florida law that has limited
12030  its investment policy to making investments solely in minority
12031  business enterprises.
12032         (2) “Department” means the Department of Economic
12033  Opportunity.
12034         (2) “Director” means the director of the Office of Tourism,
12035  Trade, and Economic Development.
12036         (3) “Governing body” means the council or other legislative
12037  body charged with governing the county or municipality.
12038         (4) “Minority business enterprise” has the same meaning as
12039  provided in s. 288.703.
12040         (5) “Office” means the Office of Tourism, Trade, and
12041  Economic Development.
12042         (5)(6) “Rural enterprise zone” means an enterprise zone
12043  that is nominated by a county having a population of 75,000 or
12044  fewer, or a county having a population of 100,000 or fewer which
12045  is contiguous to a county having a population of 75,000 or
12046  fewer, or by a municipality in such a county, or by such a
12047  county and one or more municipalities. An enterprise zone
12048  designated in accordance with s. 290.0065(5)(b) or s. 379.2353
12049  is considered to be a rural enterprise zone.
12050         (6)(7) “Small business” has the same meaning as provided in
12051  s. 288.703.
12052         Section 205. Subsection (1) and paragraphs (a) and (b) of
12053  subsection (6) of section 290.0055, Florida Statutes, are
12054  amended to read:
12055         290.0055 Local nominating procedure.—
12056         (1) If, pursuant to s. 290.0065, an opportunity exists for
12057  designation of a new enterprise zone, any county or
12058  municipality, or a county and one or more municipalities
12059  together, may apply to the department office for the designation
12060  of an area as an enterprise zone after completion of the
12061  following:
12062         (a) The adoption by the governing body or bodies of a
12063  resolution which:
12064         1. Finds that an area exists in such county or
12065  municipality, or in both the county and one or more
12066  municipalities, which chronically exhibits extreme and
12067  unacceptable levels of poverty, unemployment, physical
12068  deterioration, and economic disinvestment;
12069         2. Determines that the rehabilitation, conservation, or
12070  redevelopment, or a combination thereof, of such area is
12071  necessary in the interest of the public health, safety, and
12072  welfare of the residents of such county or municipality, or such
12073  county and one or more municipalities; and
12074         3. Determines that the revitalization of such area can
12075  occur only if the private sector can be induced to invest its
12076  own resources in productive enterprises that build or rebuild
12077  the economic viability of the area.
12078         (b) The creation of an enterprise zone development agency
12079  pursuant to s. 290.0056.
12080         (c) The creation and adoption of a strategic plan pursuant
12081  to s. 290.0057.
12082         (6)(a) The department office may approve a change in the
12083  boundary of any enterprise zone which was designated pursuant to
12084  s. 290.0065. A boundary change must continue to satisfy the
12085  requirements of subsections (3), (4), and (5).
12086         (b) Upon a recommendation by the enterprise zone
12087  development agency, the governing body of the jurisdiction which
12088  authorized the application for an enterprise zone may apply to
12089  the department Office for a change in boundary once every 3
12090  years by adopting a resolution that:
12091         1. States with particularity the reasons for the change;
12092  and
12093         2. Describes specifically and, to the extent required by
12094  the department office, the boundary change to be made.
12095         Section 206. Paragraph (h) of subsection (8) and
12096  subsections (11) and (12) of section 290.0056, Florida Statutes,
12097  are amended to read:
12098         290.0056 Enterprise zone development agency.—
12099         (8) The enterprise zone development agency shall have the
12100  following powers and responsibilities:
12101         (h) To work with the department and Enterprise Florida,
12102  Inc., and the office to ensure that the enterprise zone
12103  coordinator receives training on an annual basis.
12104         (11) Before Prior to December 1 of each year, the agency
12105  shall submit to the department Office of Tourism, Trade, and
12106  Economic Development a complete and detailed written report
12107  setting forth:
12108         (a) Its operations and accomplishments during the fiscal
12109  year.
12110         (b) The accomplishments and progress concerning the
12111  implementation of the strategic plan or measurable goals, and
12112  any updates to the strategic plan or measurable goals.
12113         (c) The number and type of businesses assisted by the
12114  agency during the fiscal year.
12115         (d) The number of jobs created within the enterprise zone
12116  during the fiscal year.
12117         (e) The usage and revenue impact of state and local
12118  incentives granted during the calendar year.
12119         (f) Any other information required by the department
12120  office.
12121         (12) In the event that the nominated area selected by the
12122  governing body is not designated a state enterprise zone, the
12123  governing body may dissolve the agency after receiving
12124  notification from the department office that the area was not
12125  designated as an enterprise zone.
12126         Section 207. Subsections (1) and (5) of section 290.0058,
12127  Florida Statutes, are amended to read:
12128         290.0058 Determination of pervasive poverty, unemployment,
12129  and general distress.—
12130         (1) In determining whether an area suffers from pervasive
12131  poverty, unemployment, and general distress, for purposes of ss.
12132  290.0055 and 290.0065, the governing body and the department
12133  office shall use data from the most current decennial census,
12134  and from information published by the Bureau of the Census and
12135  the Bureau of Labor Statistics. The data shall be comparable in
12136  point or period of time and methodology employed.
12137         (5) In making the calculations required by this section,
12138  the local government and the department office shall round all
12139  fractional percentages of one-half percent or more up to the
12140  next highest whole percentage figure.
12141         Section 208. Subsections (2), (4), and (5), paragraph (a)
12142  of subsection (6), and subsection (7) of section 290.0065,
12143  Florida Statutes, are amended to read:
12144         290.0065 State designation of enterprise zones.—
12145         (2) If, pursuant to subsection (4), the department office
12146  does not redesignate an enterprise zone, a governing body of a
12147  county or municipality or the governing bodies of a county and
12148  one or more municipalities jointly, pursuant to s. 290.0055, may
12149  apply for designation of an enterprise zone to take the place of
12150  the enterprise zone not redesignated and request designation of
12151  an enterprise zone. The department Office, in consultation with
12152  Enterprise Florida, Inc., shall determine which areas nominated
12153  by such governing bodies meet the criteria outlined in s.
12154  290.0055 and are the most appropriate for designation as state
12155  enterprise zones. Each application made pursuant to s. 290.0055
12156  shall be ranked competitively based on the pervasive poverty,
12157  unemployment, and general distress of the area; the strategic
12158  plan, including local fiscal and regulatory incentives, prepared
12159  pursuant to s. 290.0057; and the prospects for new investment
12160  and economic development in the area. Pervasive poverty,
12161  unemployment, and general distress shall be weighted 35 percent;
12162  strategic plan and local fiscal and regulatory incentives shall
12163  be weighted 40 percent; and prospects for new investment and
12164  economic development in the area shall be weighted 25 percent.
12165         (4)(a) Notwithstanding s. 290.0055, the department office
12166  may redesignate any state enterprise zone having an effective
12167  date on or before January 1, 2005, as a state enterprise zone
12168  upon completion and submittal to the office by the governing
12169  body for an enterprise zone of the following:
12170         1. An updated zone profile for the enterprise zone based on
12171  the most recent census data that complies with s. 290.0055,
12172  except that pervasive poverty criteria may be set aside for
12173  rural enterprise zones.
12174         2. A resolution passed by the governing body for that
12175  enterprise zone requesting redesignation and explaining the
12176  reasons the conditions of the zone merit redesignation.
12177         3. Measurable goals for the enterprise zone developed by
12178  the enterprise zone development agency, which may be the goals
12179  established in the enterprise zone’s strategic plan.
12180  
12181  The governing body may also submit a request for a boundary
12182  change in an enterprise zone in the same application to the
12183  department office as long as the new area complies with the
12184  requirements of s. 290.0055, except that pervasive poverty
12185  criteria may be set aside for rural enterprise zones.
12186         (b) In consultation with Enterprise Florida, Inc., the
12187  department office shall, based on the enterprise zone profile
12188  and the grounds for redesignation expressed in the resolution,
12189  determine whether the enterprise zone merits redesignation. The
12190  department office may also examine and consider the following:
12191         1. Progress made, if any, in the enterprise zone’s
12192  strategic plan.
12193         2. Use of enterprise zone incentives during the life of the
12194  enterprise zone.
12195  
12196  If the department office determines that the enterprise zone
12197  merits redesignation, the department office shall notify the
12198  governing body in writing of its approval of redesignation.
12199         (c) If the enterprise zone is redesignated, the department
12200  office shall determine if the measurable goals submitted are
12201  reasonable. If the department office determines that the goals
12202  are reasonable, it the office shall notify the governing body in
12203  writing that the goals have been approved.
12204         (d) If the department office denies redesignation of an
12205  enterprise zone, it the Office shall notify the governing body
12206  in writing of the denial. Any county or municipality having
12207  jurisdiction over an area denied redesignation as a state
12208  enterprise zone pursuant to this subsection may not apply for
12209  designation of that area for 1 year following the date of
12210  denial.
12211         (5) Notwithstanding s. 290.0055, an area designated as a
12212  federal empowerment zone or enterprise community pursuant to
12213  Title XIII of the Omnibus Budget Reconciliation Act of 1993, the
12214  Taxpayer Relief Act of 1997, or the 1999 Agricultural
12215  Appropriations Act shall be designated a state enterprise zone
12216  as follows:
12217         (a) An area designated as an urban empowerment zone or
12218  urban enterprise community pursuant to Title XIII of the Omnibus
12219  Budget Reconciliation Act of 1993, the Taxpayer Relief Act of
12220  1997, or the 2000 Community Renewal Tax Relief Act shall be
12221  redesignated a state enterprise zone by the department office
12222  upon completion of the requirements set out in paragraph (d),
12223  except in the case of a county as defined in s. 125.011(1)
12224  which, notwithstanding s. 290.0055, may incorporate and include
12225  such designated urban empowerment zone or urban enterprise
12226  community areas within the boundaries of its state enterprise
12227  zones without any limitation as to size.
12228         (b) An area designated as a rural empowerment zone or rural
12229  enterprise community pursuant to Title XIII of the Omnibus
12230  Budget Reconciliation Act of 1993 or the 1999 Agricultural
12231  Appropriations Act shall be redesignated a state rural
12232  enterprise zone by the department office upon completion of the
12233  requirements set out in paragraph (d) and may incorporate and
12234  include such designated rural empowerment zone or rural
12235  enterprise community within the boundaries of its state
12236  enterprise zones without any limitation as to size.
12237         (c) Any county or municipality having jurisdiction over an
12238  area redesignated as a state enterprise zone pursuant to this
12239  subsection, other than a county defined in s. 125.011(1), may
12240  not apply for designation of another area.
12241         (d) Before Prior to redesignating such areas as state
12242  enterprise zones, the department office shall ensure that the
12243  governing body having jurisdiction over the zone submits the
12244  information required under paragraph (4)(a) for redesignation to
12245  the department office.
12246         (6)(a) The department office, in consultation with
12247  Enterprise Florida, Inc., may develop guidelines necessary for
12248  the approval of areas under this section by the executive
12249  director.
12250         (7) Upon approval by the department director of a
12251  resolution authorizing an area to be an enterprise zone pursuant
12252  to this section, the department office shall assign a unique
12253  identifying number to that resolution. The department office
12254  shall provide the Department of Revenue and Enterprise Florida,
12255  Inc., with a copy of each resolution approved, together with its
12256  identifying number.
12257         Section 209. Subsection (1) of section 290.0066, Florida
12258  Statutes, is amended to read:
12259         290.0066 Revocation of enterprise zone designation.—
12260         (1) The department director may revoke the designation of
12261  an enterprise zone if the department director determines that
12262  the governing body or bodies:
12263         (a) Have failed to make progress in achieving the
12264  benchmarks set forth in the strategic plan or measurable goals;
12265  or
12266         (b) Have not complied substantially with the strategic plan
12267  or measurable goals.
12268         Section 210. Section 290.00710, Florida Statutes, is
12269  amended to read:
12270         290.00710 Enterprise zone designation for the City of
12271  Lakeland.—The City of Lakeland may apply to the department
12272  Office of Tourism, Trade, and Economic Development for
12273  designation of one enterprise zone for an area within the City
12274  of Lakeland, which zone shall encompass an area up to 10 square
12275  miles. The application must be submitted by December 31, 2005,
12276  and must comply with the requirements of s. 290.0055.
12277  Notwithstanding s. 290.0065, limiting the total number of
12278  enterprise zones designated and the number of enterprise zones
12279  within a population category, the department Office of Tourism,
12280  Trade, and Economic Development may designate one enterprise
12281  zone under this section. The department Office of Tourism,
12282  Trade, and Economic Development shall establish the initial
12283  effective date of the enterprise zone designated pursuant to
12284  this section.
12285         Section 211. Section 290.0072, Florida Statutes, is amended
12286  to read:
12287         290.0072 Enterprise zone designation for the City of Winter
12288  Haven.—The City of Winter Haven may apply to the department
12289  Office of Tourism, Trade, and Economic Development for
12290  designation of one enterprise zone for an area within the City
12291  of Winter Haven, which zone shall encompass an area up to 5
12292  square miles. Notwithstanding s. 290.0065 limiting the total
12293  number of enterprise zones designated and the number of
12294  enterprise zones within a population category, the department
12295  office of Tourism, Trade, and Economic Development may designate
12296  one enterprise zone under this section. The department Office of
12297  Tourism, Trade, and Economic Development shall establish the
12298  initial effective date of the enterprise zone designated
12299  pursuant to this section.
12300         Section 212. Section 290.00725, Florida Statutes, is
12301  amended to read:
12302         290.00725 Enterprise zone designation for the City of
12303  Ocala.—The City of Ocala may apply to the department Office of
12304  Tourism, Trade, and Economic Development for designation of one
12305  enterprise zone for an area within the western portion of the
12306  city, which zone shall encompass an area up to 5 square miles.
12307  The application must be submitted by December 31, 2009, and must
12308  comply with the requirements of s. 290.0055. Notwithstanding s.
12309  290.0065 limiting the total number of enterprise zones
12310  designated and the number of enterprise zones within a
12311  population category, the department Office of Tourism, Trade,
12312  and Economic Development may designate one enterprise zone under
12313  this section. The department Office of Tourism, Trade, and
12314  Economic Development shall establish the initial effective date
12315  of the enterprise zone designated under this section.
12316         Section 213. Section 290.0073, Florida Statutes, is amended
12317  to read:
12318         290.0073 Enterprise zone designation for Indian River
12319  County, the City of Vero Beach, and the City of Sebastian.
12320  Indian River County, the City of Vero Beach, and the City of
12321  Sebastian may jointly apply to the department Office of Tourism,
12322  Trade, and Economic Development for designation of one
12323  enterprise zone encompassing an area not to exceed 10 square
12324  miles. The application must be submitted by December 31, 2005,
12325  and must comply with the requirements of s. 290.0055.
12326  Notwithstanding the provisions of s. 290.0065 limiting the total
12327  number of enterprise zones designated and the number of
12328  enterprise zones within a population category, the department
12329  Office of Tourism, Trade, and Economic Development may designate
12330  one enterprise zone under this section. The department Office of
12331  Tourism, Trade, and Economic Development shall establish the
12332  initial effective date of the enterprise zone designated
12333  pursuant to this section.
12334         Section 214. Section 290.0074, Florida Statutes, is amended
12335  to read:
12336         290.0074 Enterprise zone designation for Sumter County.
12337  Sumter County may apply to the department Office of Tourism,
12338  Trade, and Economic Development for designation of one
12339  enterprise zone encompassing an area not to exceed 10 square
12340  miles. The application must be submitted by December 31, 2005.
12341  Notwithstanding the provisions of s. 290.0065 limiting the total
12342  number of enterprise zones designated and the number of
12343  enterprise zones within a population category, the department
12344  Office of Tourism, Trade, and Economic Development may designate
12345  one enterprise zone under this section. The department Office of
12346  Tourism, Trade and Economic Development shall establish the
12347  initial effective date of the enterprise zone designated
12348  pursuant to this section.
12349         Section 215. Section 290.0077, Florida Statutes, is amended
12350  to read:
12351         290.0077 Enterprise zone designation for Orange County and
12352  the municipality of Apopka.—Orange County and the municipality
12353  of Apopka may jointly apply to the department Office of Tourism,
12354  Trade, and Economic Development for designation of one
12355  enterprise zone. The application must be submitted by December
12356  31, 2005, and must comply with the requirements of s. 290.0055.
12357  Notwithstanding the provisions of s. 290.0065 limiting the total
12358  number of enterprise zones designated and the number of
12359  enterprise zones within a population category, the department
12360  Office of Tourism, Trade, and Economic Development may designate
12361  one enterprise zone under this section. The department Office of
12362  Tourism, Trade, and Economic Development shall establish the
12363  initial effective date of the enterprise zone designated
12364  pursuant to this section.
12365         Section 216. Section 290.014, Florida Statutes, is amended
12366  to read:
12367         290.014 Annual reports on enterprise zones.—
12368         (1) By February 1 of each year, the Department of Revenue
12369  shall submit an annual report to the department Office of
12370  Tourism, Trade, and Economic Development detailing the usage and
12371  revenue impact by county of the state incentives listed in s.
12372  290.007.
12373         (2) By March 1 of each year, the department office shall
12374  submit an annual report to the Governor, the Speaker of the
12375  House of Representatives, and the President of the Senate. The
12376  report shall include the information provided by the Department
12377  of Revenue pursuant to subsection (1) and the information
12378  provided by enterprise zone development agencies pursuant to s.
12379  290.0056. In addition, the report shall include an analysis of
12380  the activities and accomplishments of each enterprise zone.
12381         Section 217. Subsections (3) and (6) of section 290.042,
12382  Florida Statutes, are amended to read:
12383         290.042 Definitions relating to Florida Small Cities
12384  Community Development Block Grant Program Act.—As used in ss.
12385  290.0401-290.049, the term:
12386         (3) “Department” means the Department of Economic
12387  Opportunity Community Affairs.
12388         (6) “Person of low or moderate income” means any person who
12389  meets the definition established by the department of Community
12390  Affairs in accordance with the guidelines established in Title I
12391  of the Housing and Community Development Act of 1974, as
12392  amended.
12393         Section 218. Section 290.043, Florida Statutes, is amended
12394  to read:
12395         290.043 Florida Small Cities Community Development Block
12396  Grant Program; administration.—There is created the Florida
12397  Small Cities Community Development Block Grant Program. The
12398  department of Community Affairs shall administer the program as
12399  authorized and described in Title I of the Housing and Community
12400  Development Act of 1974, as amended; Pub. L. No. 93-383, as
12401  amended by Pub. L. No. 96-399 and Pub. L. No. 97-35; 42 U.S.C.
12402  ss. 5301 et seq.
12403         Section 219. Subsection (4) of section 290.043, Florida
12404  Statutes, is amended to read:
12405         290.044 Florida Small Cities Community Development Block
12406  Grant Program Fund; administration; distribution.—
12407         (4) The department may set aside an amount of up to 5
12408  percent of the funds annually for use in any eligible local
12409  government jurisdiction for which an emergency or natural
12410  disaster has been declared by executive order. Such funds may
12411  only be provided to a local government to fund eligible
12412  emergency-related activities for which no other source of
12413  federal, state, or local disaster funds is available. The
12414  department may provide for such set-aside by rule. In the last
12415  quarter of the state fiscal year, any funds not allocated under
12416  the emergency-related set-aside shall be used to fully fund any
12417  applications which were partially funded due to inadequate funds
12418  in the most recently completed neighborhood revitalization
12419  category funding cycle, and then any remaining funds shall be
12420  distributed to the next unfunded applications from the most
12421  recent funding cycle.
12422         Section 220. Subsection (6) of section 290.046, Florida
12423  Statutes, is amended to read:
12424         290.046 Applications for grants; procedures; requirements.—
12425         (6) The local government shall establish a citizen advisory
12426  task force composed of citizens in the jurisdiction in which the
12427  proposed project is to be implemented to provide input relative
12428  to all phases of the project process. The local government must
12429  obtain consent from the department of Community Affairs for any
12430  other type of citizen participation plan upon a showing that
12431  such plan is better suited to secure citizen participation for
12432  that locality.
12433         Section 221. Subsection (2) of section 290.047, Florida
12434  Statutes, is amended to read:
12435         290.047 Establishment of grant ceilings and maximum
12436  administrative cost percentages; elimination of population bias;
12437  loans in default.—
12438         (2) The department shall establish grant ceilings for each
12439  program category by rule. These ceilings shall bear some
12440  relationship to an applicant’s total population or its
12441  population living below the federal poverty level. Population
12442  ranges may be used in establishing these ceilings. In no case,
12443  however, may a grant ceiling be set above $750,000 or below
12444  $300,000.
12445         Section 222. Section 290.048, Florida Statutes, is amended
12446  to read:
12447         290.048 General powers of department of Community Affairs
12448  under ss. 290.0401-290.049.—The department has all the powers
12449  necessary or appropriate to carry out the purposes and
12450  provisions of the program, including the power to:
12451         (1) Make contracts and agreements with the Federal
12452  Government; other agencies of the state; any other public
12453  agency; or any other public person, association, corporation,
12454  local government, or entity in exercising its powers and
12455  performing its duties under ss. 290.0401-290.049.
12456         (2) Seek and accept funding from any public or private
12457  source.
12458         (3) Adopt and enforce rules not inconsistent with ss.
12459  290.0401-290.049 for the administration of the fund.
12460         (4) Assist in training employees of local governing
12461  authorities to help achieve and increase their capacity to
12462  administer programs pursuant to ss. 290.0401-290.049 and provide
12463  technical assistance and advice to local governing authorities
12464  involved with these programs.
12465         (5) Adopt and enforce strict requirements concerning an
12466  applicant’s written description of a service area. Each such
12467  description shall contain maps which illustrate the location of
12468  the proposed service area. All such maps must be clearly legible
12469  and must:
12470         (a) Contain a scale which is clearly marked on the map.
12471         (b) Show the boundaries of the locality.
12472         (c) Show the boundaries of the service area where the
12473  activities will be concentrated.
12474         (d) Display the location of all proposed area activities.
12475         (e) Include the names of streets, route numbers, or easily
12476  identifiable landmarks where all service activities are located.
12477         (6) Pledge community development block grant revenues from
12478  the Federal Government in order to guarantee notes or other
12479  obligations of a public entity which are approved pursuant to s.
12480  290.0455.
12481         (7) Establish an advisory committee of no more than 13
12482  members to solicit participation in designing, administering,
12483  and evaluating the program and in linking the program with other
12484  housing and community development resources.
12485         Section 223. Paragraph (a) of subsection (2) and subsection
12486  (4) of section 290.0491, Florida Statutes, is amended to read:
12487         290.0491 Florida Empowerment Zones.—
12488         (2) DEFINITIONS.—As used in this section, the term:
12489         (a) “Department” means the Department of Economic
12490  Opportunity Community Affairs.
12491         (4) EMPOWERMENT ZONE PROGRAM.—There is created an economic
12492  development program to be known as the Florida Empowerment Zone
12493  Program. The program shall exist for 10 years and, except as
12494  otherwise provided by law, be operated by the Department of
12495  Economic Opportunity Community Affairs in conjunction with the
12496  Federal Empowerment Zone Program.
12497         Section 224. Subsections (3) and (4) of section 290.053,
12498  Florida Statutes, are amended to read:
12499         290.053 Response to economic emergencies in small
12500  communities.—
12501         (3) A local government entity shall notify the Governor,
12502  the Department of Economic Opportunity Office of Tourism, Trade,
12503  and Economic Development, and Enterprise Florida, Inc., when one
12504  or more of the conditions specified in subsection (2) have
12505  occurred or will occur if action is not taken to assist the
12506  local governmental entity or the affected community.
12507         (4) Upon notification that one or more of the conditions
12508  described in subsection (2) exist, the Governor or his or her
12509  designee shall contact the local governmental entity to
12510  determine what actions have been taken by the local governmental
12511  entity or the affected community to resolve the economic
12512  emergency. The Governor may has the authority to waive the
12513  eligibility criteria of any program or activity administered by
12514  the Department of Economic Opportunity Office of Tourism, Trade,
12515  and Economic Development, or Enterprise Florida, Inc., to
12516  provide economic relief to the affected community by granting
12517  participation in such programs or activities. The Governor shall
12518  consult with the President of the Senate and the Speaker of the
12519  House of Representatives and shall take other action, as
12520  necessary, to resolve the economic emergency in the most
12521  expedient manner possible. All actions taken pursuant to this
12522  section shall be within current appropriations and shall have no
12523  annualized impact beyond normal growth.
12524         Section 225. Section 290.06561, Florida Statutes, is
12525  amended to read:
12526         290.06561 Designation of rural enterprise zone as catalyst
12527  site.—Notwithstanding s. 290.0065(1), the Department of Economic
12528  Opportunity Office of Tourism, Trade, and Economic Development,
12529  upon request of the host county, shall designate as a rural
12530  enterprise zone any catalyst site as defined in s.
12531  288.0656(2)(b) that was approved before prior to January 1,
12532  2010, and that is not located in an existing rural enterprise
12533  zone. The request from the host county must include the legal
12534  description of the catalyst site and the name and contact
12535  information for the county development authority responsible for
12536  managing the catalyst site. The designation shall provide
12537  businesses locating within the catalyst site the same
12538  eligibility for economic incentives and other benefits of a
12539  rural enterprise zone designated under s. 290.0065. The
12540  reporting criteria for a catalyst site designated as a rural
12541  enterprise zone under this section are the same as for other
12542  rural enterprise zones. Host county development authorities may
12543  enter into memoranda of agreement, as necessary, to coordinate
12544  their efforts to implement this section.
12545         Section 226. Paragraph (d) of subsection (3) of section
12546  310.0015, Florida Statutes, is amended to read:
12547         310.0015 Piloting regulation; general provisions.—
12548         (3) The rate-setting process, the issuance of licenses only
12549  in numbers deemed necessary or prudent by the board, and other
12550  aspects of the economic regulation of piloting established in
12551  this chapter are intended to protect the public from the adverse
12552  effects of unrestricted competition which would result from an
12553  unlimited number of licensed pilots being allowed to market
12554  their services on the basis of lower prices rather than safety
12555  concerns. This system of regulation benefits and protects the
12556  public interest by maximizing safety, avoiding uneconomic
12557  duplication of capital expenses and facilities, and enhancing
12558  state regulatory oversight. The system seeks to provide pilots
12559  with reasonable revenues, taking into consideration the normal
12560  uncertainties of vessel traffic and port usage, sufficient to
12561  maintain reliable, stable piloting operations. Pilots have
12562  certain restrictions and obligations under this system,
12563  including, but not limited to, the following:
12564         (d)1. The pilot or pilots in a port shall train and
12565  compensate all member deputy pilots in that port. Failure to
12566  train or compensate such deputy pilots shall constitute a ground
12567  for disciplinary action under s. 310.101. Nothing in this
12568  subsection shall be deemed to create an agency or employment
12569  relationship between a pilot or deputy pilot and the pilot or
12570  pilots in a port.
12571         2. The pilot or pilots in a port shall establish a
12572  competency-based mentor program by which minority persons, as
12573  defined in s. 288.703(3), may acquire the skills for the
12574  professional preparation and education competency requirements
12575  of a licensed state pilot or certificated deputy pilot. The
12576  department shall provide the Governor, the President of the
12577  Senate, and the Speaker of the House of Representatives with a
12578  report each year on the number of minority persons, as defined
12579  in s. 288.703(3), who have participated in each mentor program,
12580  who are licensed state pilots or certificated deputy pilots, and
12581  who have applied for state pilot licensure or deputy pilot
12582  certification.
12583         Section 227. Subsections (1), (3), (5), (8), (9), (10), and
12584  (11) of section 311.09, Florida Statutes, are amended to read:
12585         311.09 Florida Seaport Transportation and Economic
12586  Development Council.—
12587         (1) The Florida Seaport Transportation and Economic
12588  Development Council is created within the Department of
12589  Transportation. The council consists of the following 17
12590  members: the port director, or the port director’s designee, of
12591  each of the ports of Jacksonville, Port Canaveral, Fort Pierce,
12592  Palm Beach, Port Everglades, Miami, Port Manatee, St.
12593  Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key
12594  West, and Fernandina; the secretary of the Department of
12595  Transportation or his or her designee; and the director of the
12596  Department of Economic Opportunity Office of Tourism, Trade, and
12597  Economic Development or his or her designee; and the secretary
12598  of the Department of Community Affairs or his or her designee.
12599         (3) The council shall prepare a 5-year Florida Seaport
12600  Mission Plan defining the goals and objectives of the council
12601  concerning the development of port facilities and an intermodal
12602  transportation system consistent with the goals of the Florida
12603  Transportation Plan developed pursuant to s. 339.155. The
12604  Florida Seaport Mission Plan shall include specific
12605  recommendations for the construction of transportation
12606  facilities connecting any port to another transportation mode
12607  and for the efficient, cost-effective development of
12608  transportation facilities or port facilities for the purpose of
12609  enhancing international trade, promoting cargo flow, increasing
12610  cruise passenger movements, increasing port revenues, and
12611  providing economic benefits to the state. The council shall
12612  update the 5-year Florida Seaport Mission Plan annually and
12613  shall submit the plan no later than February 1 of each year to
12614  the President of the Senate,; the Speaker of the House of
12615  Representatives,; the Department of Economic Opportunity, and
12616  the Office of Tourism, Trade, and Economic Development; the
12617  Department of Transportation; and the Department of Community
12618  Affairs. The council shall develop programs, based on an
12619  examination of existing programs in Florida and other states,
12620  for the training of minorities and secondary school students in
12621  job skills associated with employment opportunities in the
12622  maritime industry, and report on progress and recommendations
12623  for further action to the President of the Senate and the
12624  Speaker of the House of Representatives annually.
12625         (5) The council shall review and approve or disapprove each
12626  project eligible to be funded pursuant to the Florida Seaport
12627  Transportation and Economic Development Program. The council
12628  shall annually submit to the Secretary of Transportation and;
12629  the executive director of the Department of Economic
12630  Opportunity, or his or her designee, director of the Office of
12631  Tourism, Trade, and Economic Development; and the Secretary of
12632  Community Affairs a list of projects which have been approved by
12633  the council. The list shall specify the recommended funding
12634  level for each project; and, if staged implementation of the
12635  project is appropriate, the funding requirements for each stage
12636  shall be specified.
12637         (8) The Department of Economic Opportunity Office of
12638  Tourism, Trade, and Economic Development, in consultation with
12639  Enterprise Florida, Inc., shall review the list of projects
12640  approved by the council to evaluate the economic benefit of the
12641  project and to determine whether the project is consistent with
12642  the Florida Seaport Mission Plan. The Department of Economic
12643  Opportunity Office of Tourism, Trade, and Economic Development
12644  shall review the economic benefits of each project based upon
12645  the rules adopted pursuant to subsection (4). The Department of
12646  Economic Opportunity Office of Tourism, Trade, and Economic
12647  Development shall identify those projects which it has
12648  determined do not offer an economic benefit to the state or are
12649  not consistent with the Florida Seaport Mission Plan and shall
12650  notify the council of its findings.
12651         (9) The council shall review the findings of the Department
12652  of Economic Opportunity Department of Community Affairs; the
12653  Office of Tourism, Trade, and Economic Development; and the
12654  Department of Transportation. Projects found to be inconsistent
12655  pursuant to subsections (6), (7), and (8) and projects which
12656  have been determined not to offer an economic benefit to the
12657  state pursuant to subsection (8) shall not be included in the
12658  list of projects to be funded.
12659         (10) The Department of Transportation shall include in its
12660  annual legislative budget request a Florida Seaport
12661  Transportation and Economic Development grant program for
12662  expenditure of funds of not less than $8 million per year. Such
12663  budget shall include funding for projects approved by the
12664  council which have been determined by each agency to be
12665  consistent and which have been determined by the Department of
12666  Economic Opportunity Office of Tourism, Trade, and Economic
12667  Development to be economically beneficial. The department shall
12668  include the specific approved seaport projects to be funded
12669  under this section during the ensuing fiscal year in the
12670  tentative work program developed pursuant to s. 339.135(4). The
12671  total amount of funding to be allocated to seaport projects
12672  under s. 311.07 during the successive 4 fiscal years shall also
12673  be included in the tentative work program developed pursuant to
12674  s. 339.135(4). The council may submit to the department a list
12675  of approved projects that could be made production-ready within
12676  the next 2 years. The list shall be submitted by the department
12677  as part of the needs and project list prepared pursuant to s.
12678  339.135(2)(b). However, the department shall, upon written
12679  request of the Florida Seaport Transportation and Economic
12680  Development Council, submit work program amendments pursuant to
12681  s. 339.135(7) to the Governor within 10 days after the later of
12682  the date the request is received by the department or the
12683  effective date of the amendment, termination, or closure of the
12684  applicable funding agreement between the department and the
12685  affected seaport, as required to release the funds from the
12686  existing commitment. Notwithstanding s. 339.135(7)(c), any work
12687  program amendment to transfer prior year funds from one approved
12688  seaport project to another seaport project is subject to the
12689  procedures in s. 339.135(7)(d). Notwithstanding any provision of
12690  law to the contrary, the department may transfer unexpended
12691  budget between the seaport projects as identified in the
12692  approved work program amendments.
12693         (11) The council shall meet at the call of its chairperson,
12694  at the request of a majority of its membership, or at such times
12695  as may be prescribed in its bylaws. However, the council must
12696  meet at least semiannually. A majority of voting members of the
12697  council constitutes a quorum for the purpose of transacting the
12698  business of the council. All members of the council are voting
12699  members. A vote of the majority of the voting members present is
12700  sufficient for any action of the council, except that a member
12701  representing the Department of Transportation, the Department of
12702  Community Affairs, or the Department of Economic Opportunity
12703  Office of Tourism, Trade, and Economic Development may vote to
12704  overrule any action of the council approving a project pursuant
12705  to subsection (5). The bylaws of the council may require a
12706  greater vote for a particular action.
12707         Section 228. Paragraph (b) of subsection (1) of section
12708  311.105, Florida Statutes, is amended to read:
12709         311.105 Florida Seaport Environmental Management Committee;
12710  permitting; mitigation.—
12711         (1)
12712         (b) The committee shall consist of the following members:
12713  the Secretary of Environmental Protection, or his or her
12714  designee, as an ex officio, nonvoting member; a designee from
12715  the United States Army Corps of Engineers, as an ex officio,
12716  nonvoting member; a designee from the Florida Inland Navigation
12717  District, as an ex officio, nonvoting member; the executive
12718  director of Economic Opportunity Secretary of Community Affairs,
12719  or his or her designee, as an ex officio, nonvoting member; and
12720  five or more port directors, as voting members, appointed to the
12721  committee by the council chair, who shall also designate one
12722  such member as committee chair.
12723         Section 229. Subsection (3) of section 327.803, Florida
12724  Statutes, is amended to read:
12725         327.803 Boating Advisory Council.—
12726         (3) The purpose of the council is to make recommendations
12727  to the Fish and Wildlife Conservation Commission and the
12728  Department of Economic Opportunity Community Affairs regarding
12729  issues affecting the boating community, including, but not
12730  limited to, issues related to:
12731         (a) Boating and diving safety education.
12732         (b) Boating-related facilities, including marinas and boat
12733  testing facilities.
12734         (c) Boat usage.
12735         (d) Boat access.
12736         (e) Working waterfronts.
12737         Section 230. Section 311.11, Florida Statutes, is amended
12738  to read:
12739         311.11 Seaport Employment Training Grant Program.—
12740         (1) The Department of Economic Opportunity Office of
12741  Tourism, Trade, and Economic Development, in cooperation with
12742  the Florida Seaport Transportation and Economic Development
12743  Council, shall establish a Seaport Employment Training Grant
12744  Program within the Department of Economic Opportunity Office.
12745  The Department of Economic Opportunity office shall grant funds
12746  appropriated by the Legislature to the program for the purpose
12747  of stimulating and supporting seaport training and employment
12748  programs which will seek to match state and local training
12749  programs with identified job skills associated with employment
12750  opportunities in the port, maritime, and transportation
12751  industries, and for the purpose of providing such other
12752  training, educational, and information services as required to
12753  stimulate jobs in the described industries. Funds may be used
12754  for the purchase of equipment to be used for training purposes,
12755  hiring instructors, and any other purpose associated with the
12756  training program. The office’s contribution of the Department of
12757  Economic Opportunity to any specific training program may not
12758  exceed 50 percent of the total cost of the program. Matching
12759  contributions may include services in kind, including, but not
12760  limited to, training instructors, equipment usage, and training
12761  facilities.
12762         (2) The Department of Economic Opportunity Office shall
12763  adopt criteria to implement this section.
12764         Section 231. Paragraph (i) of subsection (1) of section
12765  311.115, Florida Statutes, are amended to read:
12766         311.115 Seaport Security Standards Advisory Council.—The
12767  Seaport Security Standards Advisory Council is created under the
12768  Office of Drug Control. The council shall serve as an advisory
12769  council as provided in s. 20.03(7).
12770         (1) The members of the council shall be appointed by the
12771  Governor and consist of the following:
12772         (i) One representative of the Department of Economic
12773  Opportunity member from the Office of Tourism, Trade, and
12774  Economic Development.
12775         Section 232. Subsection (2) of section 311.22, Florida
12776  Statutes, is amended to read:
12777         311.22 Additional authorization for funding certain
12778  dredging projects.—
12779         (2) The council shall adopt rules for evaluating the
12780  projects that may be funded pursuant to this section. The rules
12781  must provide criteria for evaluating the economic benefit of the
12782  project. The rules must include the creation of an
12783  administrative review process by the council which is similar to
12784  the process described in s. 311.09(5)-(12), and provide for a
12785  review by the Department of Community Affairs, the Department of
12786  Transportation, and the Department of Economic Opportunity
12787  Office of Tourism, Trade, and Economic Development of all
12788  projects submitted for funding under this section.
12789         Section 233. Paragraph (a) of subsection (6), paragraph (b)
12790  of subsection (9), subsection (60), and paragraph (b) of
12791  subsection (65) of section 320.08058, Florida Statutes, are
12792  amended to read:
12793         320.08058 Specialty license plates.—
12794         (6) FLORIDA UNITED STATES OLYMPIC COMMITTEE LICENSE
12795  PLATES.—
12796         (a) Because the United States Olympic Committee has
12797  selected this state to participate in a combined fundraising
12798  program that provides for one-half of all money raised through
12799  volunteer giving to stay in this state and be administered by
12800  Enterprise Florida, Inc., the direct-support organization
12801  established under s. 288.1229 to support amateur sports, and
12802  because the United States Olympic Committee and Enterprise
12803  Florida, Inc., the direct-support organization are nonprofit
12804  organizations dedicated to providing athletes with support and
12805  training and preparing athletes of all ages and skill levels for
12806  sports competition, and because Enterprise Florida, Inc., the
12807  direct-support organization assists in the bidding for sports
12808  competitions that provide significant impact to the economy of
12809  this state, and the Legislature supports the efforts of the
12810  United States Olympic Committee and Enterprise Florida, Inc.,
12811  the direct-support organization, the Legislature establishes a
12812  Florida United States Olympic Committee license plate for the
12813  purpose of providing a continuous funding source to support this
12814  worthwhile effort. Florida United States Olympic Committee
12815  license plates must contain the official United States Olympic
12816  Committee logo and must bear a design and colors that are
12817  approved by the department. The word “Florida” must be centered
12818  at the top of the plate.
12819         (9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.—
12820         (b) The license plate annual use fees are to be annually
12821  distributed as follows:
12822         1. Fifty-five percent of the proceeds from the Florida
12823  Professional Sports Team plate must be deposited into the
12824  Professional Sports Development Trust Fund within the Department
12825  of Economic Opportunity Office of Tourism, Trade, and Economic
12826  Development. These funds must be used solely to attract and
12827  support major sports events in this state. As used in this
12828  subparagraph, the term “major sports events” means, but is not
12829  limited to, championship or all-star contests of Major League
12830  Baseball, the National Basketball Association, the National
12831  Football League, the National Hockey League, the men’s and
12832  women’s National Collegiate Athletic Association Final Four
12833  basketball championship, or a horseracing or dogracing Breeders’
12834  Cup. All funds must be used to support and promote major
12835  sporting events, and the uses must be approved by the Florida
12836  Sports Foundation.
12837         2. The remaining proceeds of the Florida Professional
12838  Sports Team license plate must be allocated to Enterprise
12839  Florida, Inc the Florida Sports Foundation, a direct-support
12840  organization of the Office of Tourism, Trade, and Economic
12841  Development. These funds must be deposited into the Professional
12842  Sports Development Trust Fund within the Department of Economic
12843  Opportunity Office of Tourism, Trade, and Economic Development.
12844  These funds must be used by Enterprise Florida, Inc., the
12845  Florida Sports Foundation to promote the economic development of
12846  the sports industry; to distribute licensing and royalty fees to
12847  participating professional sports teams; to promote education
12848  programs in Florida schools that provide an awareness of the
12849  benefits of physical activity and nutrition standards; to
12850  partner with the Department of Education and the Department of
12851  Health to develop a program that recognizes schools whose
12852  students demonstrate excellent physical fitness or fitness
12853  improvement; to institute a grant program for communities
12854  bidding on minor sporting events that create an economic impact
12855  for the state; to distribute funds to Florida-based charities
12856  designated by Enterprise Florida, Inc., the Florida Sports
12857  Foundation and the participating professional sports teams; and
12858  to fulfill the sports promotion responsibilities of the
12859  Department of Economic Opportunity Office of Tourism, Trade, and
12860  Economic Development.
12861         3. Enterprise Florida, Inc., The Florida Sports Foundation
12862  shall provide an annual financial audit in accordance with s.
12863  215.981 of its financial accounts and records by an independent
12864  certified public accountant pursuant to the contract established
12865  by the Department of Economic Opportunity Office of Tourism,
12866  Trade, and Economic Development as specified in s. 288.1229(5).
12867  The auditor shall submit the audit report to the Department of
12868  Economic Opportunity Office of Tourism, Trade, and Economic
12869  Development for review and approval. If the audit report is
12870  approved, the Department of Economic Opportunity office shall
12871  certify the audit report to the Auditor General for review.
12872         4. Notwithstanding the provisions of subparagraphs 1. and
12873  2., proceeds from the Professional Sports Development Trust Fund
12874  may also be used for operational expenses of Enterprise Florida,
12875  Inc., the Florida Sports Foundation and financial support of the
12876  Sunshine State Games.
12877         (60) FLORIDA NASCAR LICENSE PLATES.—
12878         (a) The department shall develop a Florida NASCAR license
12879  plate as provided in this section. Florida NASCAR license plates
12880  must bear the colors and design approved by the department. The
12881  word “Florida” must appear at the top of the plate, and the term
12882  “NASCAR” must appear at the bottom of the plate. The National
12883  Association for Stock Car Auto Racing, following consultation
12884  with Enterprise Florida, Inc., the Florida Sports Foundation,
12885  may submit a sample plate for consideration by the department.
12886         (b) The license plate annual use fees shall be distributed
12887  to Enterprise Florida, Inc. the Florida Sports Foundation, a
12888  direct-support organization of the Office of Tourism, Trade, and
12889  Economic Development. The license plate annual use fees shall be
12890  annually allocated as follows:
12891         1. Up to 5 percent of the proceeds from the annual use fees
12892  may be used by Enterprise Florida, Inc., the Florida Sports
12893  Foundation for the administration of the NASCAR license plate
12894  program.
12895         2. The National Association for Stock Car Auto Racing shall
12896  receive up to $60,000 in proceeds from the annual use fees to be
12897  used to pay startup costs, including costs incurred in
12898  developing and issuing the plates. Thereafter, 10 percent of the
12899  proceeds from the annual use fees shall be provided to the
12900  association for the royalty rights for the use of its marks.
12901         3. The remaining proceeds from the annual use fees shall be
12902  distributed to Enterprise Florida, Inc. the Florida Sports
12903  Foundation. Enterprise Florida, Inc., The Florida Sports
12904  Foundation will retain 15 percent to support its regional grant
12905  program, attracting sporting events to Florida; 20 percent to
12906  support the marketing of motorsports-related tourism in the
12907  state; and 50 percent to be paid to the NASCAR Foundation, a s.
12908  501(c)(3) charitable organization, to support Florida-based
12909  charitable organizations.
12910         (c) Enterprise Florida, Inc., The Florida Sports Foundation
12911  shall provide an annual financial audit in accordance with s.
12912  215.981 of its financial accounts and records by an independent
12913  certified public accountant pursuant to the contract established
12914  by the Department of Economic Opportunity Office of Tourism,
12915  Trade, and Economic Development as specified in s. 288.1229(5).
12916  The auditor shall submit the audit report to the Department of
12917  Economic Opportunity Office of Tourism, Trade, and Economic
12918  Development for review and approval. If the audit report is
12919  approved, the Department of Economic Opportunity office shall
12920  certify the audit report to the Auditor General for review.
12921         (65) FLORIDA TENNIS LICENSE PLATES.—
12922         (b) The department shall distribute the annual use fees to
12923  Enterprise Florida, Inc the Florida Sports Foundation, a direct
12924  support organization of the Office of Tourism, Trade, and
12925  Economic Development. The license plate annual use fees shall be
12926  annually allocated as follows:
12927         1. Up to 5 percent of the proceeds from the annual use fees
12928  may be used by Enterprise Florida, Inc., the Florida Sports
12929  Foundation to administer the license plate program.
12930         2. The United States Tennis Association Florida Section
12931  Foundation shall receive the first $60,000 in proceeds from the
12932  annual use fees to reimburse it for startup costs,
12933  administrative costs, and other costs it incurs in the
12934  development and approval process.
12935         3. Up to 5 percent of the proceeds from the annual use fees
12936  may be used for promoting and marketing the license plates. The
12937  remaining proceeds shall be available for grants by the United
12938  States Tennis Association Florida Section Foundation to
12939  nonprofit organizations to operate youth tennis programs and
12940  adaptive tennis programs for special populations of all ages,
12941  and for building, renovating, and maintaining public tennis
12942  courts.
12943         Section 234. Subsection (3) of section 320.63, Florida
12944  Statutes, is amended to read:
12945         320.63 Application for license; contents.—Any person
12946  desiring to be licensed pursuant to ss. 320.60-320.70 shall make
12947  application therefor to the department upon a form containing
12948  such information as the department requires. The department
12949  shall require, with such application or otherwise and from time
12950  to time, all of the following, which information may be
12951  considered by the department in determining the fitness of the
12952  applicant or licensee to engage in the business for which the
12953  applicant or licensee desires to be licensed:
12954         (3) From each manufacturer, distributor, or importer which
12955  utilizes an identical blanket basic agreement for its dealers or
12956  distributors in this state, which agreement comprises all or any
12957  part of the applicant’s or licensee’s agreements with motor
12958  vehicle dealers in this state, a copy of the written agreement
12959  and all supplements thereto, together with a list of the
12960  applicant’s or licensee’s authorized dealers or distributors and
12961  their addresses. The applicant or licensee shall further notify
12962  the department immediately of the appointment of any additional
12963  dealer or distributor. The applicant or licensee shall annually
12964  report to the department on its efforts to add new minority
12965  dealer points, including difficulties encountered under ss.
12966  320.61-320.70. For purposes of this section “minority” shall
12967  have the same meaning as that given it in the definition of
12968  “minority person” in s. 288.703(3). Not later than 60 days
12969  before prior to the date a revision or modification to a
12970  franchise agreement is offered uniformly to a licensee’s motor
12971  vehicle dealers in this state, the licensee shall notify the
12972  department of such revision, modification, or addition to the
12973  franchise agreement on file with the department. In no event may
12974  a franchise agreement, or any addendum or supplement thereto, be
12975  offered to a motor vehicle dealer in this state until the
12976  applicant or licensee files an affidavit with the department
12977  acknowledging that the terms or provisions of the agreement, or
12978  any related document, are not inconsistent with, prohibited by,
12979  or contrary to the provisions contained in ss. 320.60-320.70.
12980  Any franchise agreement offered to a motor vehicle dealer in
12981  this state shall provide that all terms and conditions in such
12982  agreement inconsistent with the law and rules of this state are
12983  of no force and effect.
12984         Section 235. Subsection (5) of section 331.3051, Florida
12985  Statutes, is amended to read:
12986         331.3051 Duties of Space Florida.—Space Florida shall:
12987         (5) Consult with Enterprise Florida, Inc., the Florida
12988  Commission on Tourism in developing a space tourism marketing
12989  plan. Space Florida and Enterprise Florida, Inc., the Florida
12990  Commission on Tourism may enter into a mutually beneficial
12991  agreement that provides funding to Enterprise Florida, Inc., the
12992  commission for its services to implement this subsection.
12993         Section 236. Section 331.3081, Florida Statutes, is amended
12994  to read:
12995         (Substantial rewording of section. See
12996         s. 331.3081, F.S., for present text.)
12997         331.3081 Board of Directors; advisory board.—
12998         (1) Space Florida shall be governed by a 12-member
12999  independent board of directors that consists of the members
13000  appointed to the board of directors of Enterprise Florida, Inc.,
13001  by the Governor, the President of the Senate, and the Speaker of
13002  the House of Representatives pursuant to s. 288.901(5)(a)5.
13003         (2) Space Florida shall have a 15-member advisory council,
13004  appointed by the Governor from a list of nominations submitted
13005  by the board of directors. The advisory council shall be
13006  composed of Florida residents with expertise in the space
13007  industry, and each of the following areas of expertise or
13008  experience must be represented by at least one advisory council
13009  member: human space-flight programs, commercial launches into
13010  space, organized labor with experience working in the aerospace
13011  industry, aerospace-related industries, a commercial company
13012  working under Federal Government contracts to conduct space
13013  related business, an aerospace company whose primary client is
13014  the United States Department of Defense, and an alternative
13015  energy enterprise with potential for aerospace applications. The
13016  advisory council shall elect a member to serve as the chair of
13017  the council.
13018         (3) The advisory council shall make recommendations to the
13019  board of directors of Enterprise Florida, Inc., on the operation
13020  of Space Florida, including matters pertaining to ways to
13021  improve or enhance Florida’s efforts to expand its existing
13022  space and aerospace industry, to improve management and use of
13023  Florida’s state-owned real property assets related to space and
13024  aerospace, how best to retain and, if necessary, retrain
13025  Florida’s highly skilled space and aerospace workforce, and how
13026  to strengthen bonds between this state, NASA, the Department of
13027  Defense, and private space and aerospace industries.
13028         (4) The term for an advisory council member is 4 years. A
13029  member may not serve more than two consecutive terms. The
13030  Governor may remove any member for cause and shall fill all
13031  vacancies that occur.
13032         (5) Advisory council members shall serve without
13033  compensation, but may be reimbursed for all reasonable,
13034  necessary, and actual expenses as determined by the board of
13035  directors of Enterprise Florida, Inc.
13036         Section 237. Subsection (1) of section 332.115, Florida
13037  Statutes, is amended to read:
13038         332.115 Joint project agreement with port district for
13039  transportation corridor between airport and port facility.—
13040         (1) An eligible agency may acquire, construct, and operate
13041  all equipment, appurtenances, and land necessary to establish,
13042  maintain, and operate, or to license others to establish,
13043  maintain, operate, or use, a transportation corridor connecting
13044  an airport operated by such eligible agency with a port
13045  facility, which corridor must be acquired, constructed, and used
13046  for the transportation of persons between the airport and the
13047  port facility, for the transportation of cargo, and for the
13048  location and operation of lines for the transmission of water,
13049  electricity, communications, information, petroleum products,
13050  products of a public utility (including new technologies of a
13051  public utility nature), and materials. However, any such
13052  corridor may be established and operated only pursuant to a
13053  joint project agreement between an eligible agency as defined in
13054  s. 332.004 and a port district as defined in s. 315.02, and such
13055  agreement must be approved by the Department of Transportation
13056  and the Department of Economic Opportunity Community Affairs.
13057  Before the Department of Transportation approves the joint
13058  project agreement, that department must review the public
13059  purpose and necessity for the corridor pursuant to s. 337.273(5)
13060  and must also determine that the proposed corridor is consistent
13061  with the Florida Transportation Plan. Before the Department of
13062  Economic Opportunity Community Affairs approves the joint
13063  project agreement, that department must determine that the
13064  proposed corridor is consistent with the applicable local
13065  government comprehensive plans. An affected local government may
13066  provide its comments regarding the consistency of the proposed
13067  corridor with its comprehensive plan to the Department of
13068  Economic Opportunity Community Affairs.
13069         Section 238. Section 333.065, Florida Statutes, is amended
13070  to read:
13071         333.065 Guidelines regarding land use near airports.—The
13072  Department of Transportation, after consultation with the
13073  Department of Economic Opportunity Community Affairs, local
13074  governments, and other interested persons, shall adopt by rule
13075  recommended guidelines regarding compatible land uses in the
13076  vicinity of airports. These guidelines shall utilize acceptable
13077  and established quantitative measures, such as the Air
13078  Installation Compatible Use Zone standards, the Florida
13079  Statutes, and applicable Federal Aviation Administration
13080  documents.
13081         Section 239. Paragraph (f) of subsection (4) and paragraph
13082  (g) of subsection (7) of section 339.135, Florida Statutes, are
13083  amended to read:
13084         339.135 Work program; legislative budget request;
13085  definitions; preparation, adoption, execution, and amendment.—
13086         (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
13087         (f) The central office shall submit a preliminary copy of
13088  the tentative work program to the Executive Office of the
13089  Governor, the legislative appropriations committees, the Florida
13090  Transportation Commission, and the Department of Economic
13091  Opportunity Community Affairs at least 14 days prior to the
13092  convening of the regular legislative session. Prior to the
13093  statewide public hearing required by paragraph (g), the
13094  Department of Economic Opportunity Community Affairs shall
13095  transmit to the Florida Transportation Commission a list of
13096  those projects and project phases contained in the tentative
13097  work program which are identified as being inconsistent with
13098  approved local government comprehensive plans. For urbanized
13099  areas of metropolitan planning organizations, the list may not
13100  contain any project or project phase that is scheduled in a
13101  transportation improvement program unless such inconsistency has
13102  been previously reported to the affected metropolitan planning
13103  organization.
13104         (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
13105         (g) Notwithstanding the requirements in paragraphs (d) and
13106  (g) and ss. 216.177(2) and 216.351, the secretary may request
13107  the Executive Office of the Governor to amend the adopted work
13108  program when an emergency exists, as defined in s. 252.34(3),
13109  and the emergency relates to the repair or rehabilitation of any
13110  state transportation facility. The Executive Office of the
13111  Governor may approve the amendment to the adopted work program
13112  and amend that portion of the department’s approved budget if a
13113  in the event that the delay incident to the notification
13114  requirements in paragraph (d) would be detrimental to the
13115  interests of the state. However, the department shall
13116  immediately notify the parties specified in paragraph (d) and
13117  shall provide such parties written justification for the
13118  emergency action within 7 days after of the approval by the
13119  Executive Office of the Governor of the amendment to the adopted
13120  work program and the department’s budget. In no event may The
13121  adopted work program may not be amended under the provisions of
13122  this subsection without the certification by the comptroller of
13123  the department that there are sufficient funds available
13124  pursuant to the 36-month cash forecast and applicable statutes.
13125         Section 240. Paragraphs (f) and (g) of subsection (8) of
13126  section 339.175, Florida Statutes, are amended to read:
13127         339.175 Metropolitan planning organization.—
13128         (8) TRANSPORTATION IMPROVEMENT PROGRAM.—Each M.P.O. shall,
13129  in cooperation with the state and affected public transportation
13130  operators, develop a transportation improvement program for the
13131  area within the jurisdiction of the M.P.O. In the development of
13132  the transportation improvement program, each M.P.O. must provide
13133  the public, affected public agencies, representatives of
13134  transportation agency employees, freight shippers, providers of
13135  freight transportation services, private providers of
13136  transportation, representatives of users of public transit, and
13137  other interested parties with a reasonable opportunity to
13138  comment on the proposed transportation improvement program.
13139         (f) The adopted annual transportation improvement program
13140  for M.P.O.’s in nonattainment or maintenance areas must be
13141  submitted to the district secretary and the Department of
13142  Economic Opportunity Community Affairs at least 90 days before
13143  the submission of the state transportation improvement program
13144  by the department to the appropriate federal agencies. The
13145  annual transportation improvement program for M.P.O.’s in
13146  attainment areas must be submitted to the district secretary and
13147  the Department of Economic Opportunity Community Affairs at
13148  least 45 days before the department submits the state
13149  transportation improvement program to the appropriate federal
13150  agencies; however, the department, the Department of Economic
13151  Opportunity Community Affairs, and a metropolitan planning
13152  organization may, in writing, agree to vary this submittal date.
13153  The Governor or the Governor’s designee shall review and approve
13154  each transportation improvement program and any amendments
13155  thereto.
13156         (g) The Department of Economic Opportunity Community
13157  Affairs shall review the annual transportation improvement
13158  program of each M.P.O. for consistency with the approved local
13159  government comprehensive plans of the units of local government
13160  whose boundaries are within the metropolitan area of each M.P.O.
13161  and shall identify those projects that are inconsistent with
13162  such comprehensive plans. The Department of Economic Opportunity
13163  Community Affairs shall notify an M.P.O. of any transportation
13164  projects contained in its transportation improvement program
13165  which are inconsistent with the approved local government
13166  comprehensive plans of the units of local government whose
13167  boundaries are within the metropolitan area of the M.P.O.
13168         Section 241. Subsection (1) of section 342.201, Florida
13169  Statutes, is amended to read:
13170         342.201 Waterfronts Florida Program.—
13171         (1) There is established within the Department of
13172  Environmental Protection Community Affairs the Waterfronts
13173  Florida Program to provide technical assistance and support to
13174  communities in revitalizing waterfront areas in this state.
13175         Section 242. Subsection (3) of section 369.303, Florida
13176  Statutes, is amended to read:
13177         369.303 Definitions.—As used in this part:
13178         (3) “Department” means the Department of Economic
13179  Opportunity Community Affairs.
13180         Section 243. Subsection (1) of section 369.318, Florida
13181  Statutes, is amended to read:
13182         369.318 Studies.—
13183         (1) The Department of Environmental Protection shall study
13184  the efficacy and applicability of water quality and wastewater
13185  treatment standards needed to achieve nitrogen reductions
13186  protective of surface and groundwater quality within the Wekiva
13187  Study Area and report to the Governor and the Department of
13188  Economic Opportunity Community Affairs. The Department of
13189  Environmental Protection may adopt rules to implement the
13190  specific recommendations set forth in sections C.2. and C.4. of
13191  its report entitled “A Strategy for Water Quality Protection:
13192  Wastewater Treatment in the Wekiva Study Area,” dated December
13193  2004, in order to achieve nitrogen reductions protective of
13194  surface and groundwater quality in the Wekiva Study Area and
13195  implement Recommendation 8 of the Wekiva River Basin
13196  Coordinating Committee’s final report dated March 16, 2004. The
13197  rules shall provide an opportunity for relief from such specific
13198  recommendations upon affirmative demonstration by the permittee
13199  or permit applicant, based on water quality data, physical
13200  circumstances, or other credible information, that the discharge
13201  of treated wastewater is protective of surface water and
13202  groundwater quality with respect to nitrate nitrogen as set
13203  forth in section C.1. of the referenced December 2004 report.
13204         Section 244. Subsections (5) and (7) of section 369.321,
13205  Florida Statutes, are amended to read:
13206         369.321 Comprehensive plan amendments.—Except as otherwise
13207  expressly provided, by January 1, 2006, each local government
13208  within the Wekiva Study Area shall amend its local government
13209  comprehensive plan to include the following:
13210         (5) Comprehensive plans and comprehensive plan amendments
13211  adopted by the local governments to implement this section shall
13212  be reviewed by the Department of Economic Opportunity Community
13213  Affairs pursuant to s. 163.3184, and shall be exempt from the
13214  provisions of s. 163.3187(1).
13215         (7) During the period prior to the adoption of the
13216  comprehensive plan amendments required by this act, any local
13217  comprehensive plan amendment adopted by a city or county that
13218  applies to land located within the Wekiva Study Area shall
13219  protect surface and groundwater resources and be reviewed by the
13220  Department of Economic Opportunity Community Affairs, pursuant
13221  to chapter 163 and chapter 9J-5, Florida Administrative Code,
13222  using best available data, including the information presented
13223  to the Wekiva River Basin Coordinating Committee.
13224         Section 245. Subsections (1) and (3) of section 369.322,
13225  Florida Statutes, are amended to read:
13226         369.322 Coordination of land use and water supply within
13227  the Wekiva Study Area.—
13228         (1) In their review of local government comprehensive plan
13229  amendments for property located within the Wekiva Study Area
13230  pursuant to s. 163.3184, the Department of Economic Opportunity
13231  Community Affairs and the St. Johns River Water Management
13232  District shall assure that amendments that increase development
13233  potential demonstrate that adequate potable water consumptive
13234  use permit capacity is available.
13235         (3) In recognition of the need to balance resource
13236  protection, existing infrastructure and improvements planned or
13237  committed as part of approved development, consistent with
13238  existing municipal or county comprehensive plans and economic
13239  development opportunities, planned community development
13240  initiatives that assure protection of surface and groundwater
13241  resources while promoting compact, ecologically and economically
13242  sustainable growth should be encouraged. Small area studies,
13243  sector plans, or similar planning tools should support these
13244  community development initiatives. In addition, the Department
13245  of Economic Opportunity Community Affairs may make available
13246  best practice guides that demonstrate how to balance resource
13247  protection and economic development opportunities.
13248         Section 246. Section 369.323, Florida Statutes, is amended
13249  to read:
13250         369.323 Compliance.—Comprehensive plans and plan amendments
13251  adopted by the local governments within the Wekiva Study Area to
13252  implement this act shall be reviewed for compliance by the
13253  Department of Economic Opportunity Community Affairs.
13254         Section 247. Subsections (1) and (5) of section 369.324,
13255  Florida Statutes, are amended to read:
13256         369.324 Wekiva River Basin Commission.—
13257         (1) The Wekiva River Basin Commission is created to monitor
13258  and ensure the implementation of the recommendations of the
13259  Wekiva River Basin Coordinating Committee for the Wekiva Study
13260  Area. The East Central Florida Regional Planning Council shall
13261  provide staff support to the commission with funding assistance
13262  from the Department of Economic Opportunity Community Affairs.
13263  The commission shall be comprised of a total of 19 members
13264  appointed by the Governor, 9 of whom shall be voting members and
13265  10 shall be ad hoc nonvoting members. The voting members shall
13266  include:
13267         (a) One member of each of the Boards of County
13268  Commissioners for Lake, Orange, and Seminole Counties.
13269         (b) One municipal elected official to serve as a
13270  representative of the municipalities located within the Wekiva
13271  Study Area of Lake County.
13272         (c) One municipal elected official to serve as a
13273  representative of the municipalities located within the Wekiva
13274  Study Area of Orange County.
13275         (d) One municipal elected official to serve as a
13276  representative of the municipalities located within the Wekiva
13277  Study Area of Seminole County.
13278         (e) One citizen representing an environmental or
13279  conservation organization, one citizen representing a local
13280  property owner, a land developer, or an agricultural entity, and
13281  one at-large citizen who shall serve as chair of the council.
13282         (f) The ad hoc nonvoting members shall include one
13283  representative from each of the following entities:
13284         1. St. Johns River Management District.
13285         2. Department of Economic Opportunity Community Affairs.
13286         3. Department of Environmental Protection.
13287         4. Department of Health.
13288         5. Department of Agriculture and Consumer Services.
13289         6. Fish and Wildlife Conservation Commission.
13290         7. Department of Transportation.
13291         8. MetroPlan Orlando.
13292         9. Orlando-Orange County Expressway Authority.
13293         10. Seminole County Expressway Authority.
13294         (5) The commission shall report annually, no later than
13295  December 31 of each year, to the Governor, the President of the
13296  Senate, the Speaker of the House of Representatives, and the
13297  Department of Economic Opportunity Community Affairs on
13298  implementation progress.
13299         Section 248. Paragraph (b) of subsection (3) of section
13300  373.199, Florida Statutes, is amended to read:
13301         373.199 Florida Forever Water Management District Work
13302  Plan.—
13303         (3) In developing the list, each water management district
13304  shall:
13305         (b) Work cooperatively with the applicable ecosystem
13306  management area teams and other citizen advisory groups, the
13307  Department of Environmental Protection and its district offices,
13308  the Department of Agriculture and Consumer Services, the Fish
13309  and Wildlife Conservation Commission, the Department of Economic
13310  Opportunity Community Affairs, the Department of Transportation,
13311  other state agencies, and federal agencies, where applicable.
13312         Section 249. Subsection (5) of section 373.4149, Florida
13313  Statutes, is amended to read:
13314         373.4149 Miami-Dade County Lake Belt Plan.—
13315         (5) The secretary of the Department of Environmental
13316  Protection, the executive director secretary of the Department
13317  of Economic Opportunity Community Affairs, the secretary of the
13318  Department of Transportation, the Commissioner of Agriculture,
13319  the executive director of the Fish and Wildlife Conservation
13320  Commission, and the executive director of the South Florida
13321  Water Management District may enter into agreements with
13322  landowners, developers, businesses, industries, individuals, and
13323  governmental agencies as necessary to effectuate the Miami-Dade
13324  Lake Belt Plan and the provisions of this section.
13325         Section 250. Paragraph (a) of subsection (1) of section
13326  373.453, Florida Statutes, is amended to read:
13327         373.453 Surface water improvement and management plans and
13328  programs.—
13329         (1)(a) Each water management district, in cooperation with
13330  the department, the Department of Agriculture and Consumer
13331  Services, the Department of Economic Opportunity Community
13332  Affairs, the Fish and Wildlife Conservation Commission, local
13333  governments, and others, shall maintain a list that prioritizes
13334  water bodies of regional or statewide significance within the
13335  water management district. The list shall be reviewed and
13336  updated every 5 years.
13337         Section 251. Subsection (1) of section 375.021, Florida
13338  Statutes, is amended to read:
13339         375.021 Comprehensive multipurpose outdoor recreation
13340  plan.—
13341         (1) The department is given the responsibility, authority,
13342  and power to develop and execute a comprehensive multipurpose
13343  outdoor recreation plan for this state with the cooperation of
13344  the Department of Agriculture and Consumer Services, the
13345  Department of Transportation, the Fish and Wildlife Conservation
13346  Commission, the Department of Economic Opportunity Florida
13347  Commission on Tourism, and the water management districts.
13348         Section 252. Section 376.60, Florida Statutes, is amended
13349  to read:
13350         376.60 Asbestos removal program inspection and notification
13351  fee.—The Department of Environmental Protection shall charge an
13352  inspection and notification fee, not to exceed $300 for a small
13353  business as defined in s. 288.703(1), or $1,000 for any other
13354  project, for any asbestos removal project. The department may
13355  establish a fee schedule by rule. Schools, colleges,
13356  universities, residential dwellings, and those persons otherwise
13357  exempted from licensure under s. 469.002(4) are exempt from the
13358  fees. Any fee collected must be deposited in the asbestos
13359  program account in the Air Pollution Control Trust Fund to be
13360  used by the department to administer its asbestos removal
13361  program.
13362         (1) In those counties with approved local air pollution
13363  control programs, the department shall return 80 percent of the
13364  asbestos removal program inspection and notification fees
13365  collected in that county to the local government quarterly, if
13366  the county requests it.
13367         (2) The fees returned to a county under subsection (1) must
13368  be used only for asbestos-related program activities.
13369         (3) A county may not levy any additional fees for asbestos
13370  removal activity while it receives fees under subsection (1).
13371         (4) If a county has requested reimbursement under
13372  subsection (1), the department shall reimburse the approved
13373  local air pollution control program with 80 percent of the fees
13374  collected in the county retroactive to July 1, 1994, for
13375  asbestos-related program activities.
13376         (5) If an approved local air pollution control program that
13377  is providing asbestos notification and inspection services
13378  according to 40 C.F.R. part 61, subpart M, and is collecting
13379  fees sufficient to support the requirements of 40 C.F.R. part
13380  61, subpart M, opts not to receive the state-generated asbestos
13381  notification fees, the state may discontinue collection of the
13382  state asbestos notification fees in that county.
13383         Section 253. Subsection (2) of section 376.86, Florida
13384  Statutes, is amended to read:
13385         376.86 Brownfield Areas Loan Guarantee Program.—
13386         (2) The council shall consist of the secretary of the
13387  Department of Environmental Protection or the secretary’s
13388  designee, the secretary of the Department of Community Affairs
13389  or the secretary’s designee, the State Surgeon General or the
13390  State Surgeon General’s designee, the executive director of the
13391  State Board of Administration or the executive director’s
13392  designee, the executive director of the Florida Housing Finance
13393  Corporation or the executive director’s designee, and the
13394  executive director of Economic Opportunity or the director’s
13395  Director of the Governor’s Office of Tourism, Trade, and
13396  Economic Development or the director’s designee. The executive
13397  director of Economic Opportunity or the director’s designee
13398  shall serve as chair chairperson of the council shall be the
13399  Director of the Governor’s Office of Tourism, Trade, and
13400  Economic Development. Staff services for activities of the
13401  council shall be provided as needed by the member agencies.
13402         Section 254. Subsection (1), paragraph (c) of subsection
13403  (2), and subsections (3) and (4) of section 377.809, Florida
13404  Statutes, are amended to read:
13405         377.809 Energy Economic Zone Pilot Program.—
13406         (1) The Department of Economic Opportunity Community
13407  Affairs, in consultation with the Department of Transportation,
13408  shall implement an Energy Economic Zone Pilot Program for the
13409  purpose of developing a model to help communities cultivate
13410  green economic development, encourage renewable electric energy
13411  generation, manufacture products that contribute to energy
13412  conservation and green jobs, and further implement chapter 2008
13413  191, Laws of Florida, relative to discouraging sprawl and
13414  developing energy-efficient land use patterns and greenhouse gas
13415  reduction strategies. The Department of Agriculture and Consumer
13416  Services Office of Tourism, Trade, and Economic Development and
13417  the Florida Energy and Climate Commission shall provide
13418  technical assistance to the departments in developing and
13419  administering the program.
13420         (2)
13421         (c) The Department of Economic Opportunity Community
13422  Affairs shall grant at least one application if the application
13423  meets the requirements of this subsection and the community has
13424  demonstrated a prior commitment to energy conservation, carbon
13425  reduction, green building, and economic development. The
13426  Department of Economic Opportunity Community Affairs and the
13427  Office of Tourism, Trade, and Economic Development shall provide
13428  the pilot community, including businesses within the energy
13429  economic zone, with technical assistance in identifying and
13430  qualifying for eligible grants and credits in job creation,
13431  energy, and other areas.
13432         (3) The Department of Community Affairs, with the
13433  assistance of the Office of Tourism, Trade, and Economic
13434  Development, shall submit an interim report by February 15,
13435  2010, to the Governor, the President of the Senate, and the
13436  Speaker of the House of Representatives regarding the status of
13437  the pilot program. The report shall contain any recommendations
13438  deemed appropriate by the department for statutory changes to
13439  accomplish the goals of the pilot program community, including
13440  whether it would be beneficial to provide financial incentives
13441  similar to those offered to an enterprise zone.
13442         (3)(4) If the pilot project is ongoing, the Department of
13443  Economic Opportunity Community Affairs, with the assistance of
13444  the Office of Tourism, Trade, and Economic Development, shall
13445  submit a report to the Governor, the President of the Senate,
13446  and the Speaker of the House of Representatives by February 15,
13447  2012, evaluating whether the pilot program has demonstrated
13448  success. The report shall contain recommendations with regard to
13449  whether the program should be expanded for use by other local
13450  governments and whether state policies should be revised to
13451  encourage the goals of the program.
13452         Section 255. Subsection (3) of section 378.411, Florida
13453  Statutes, is amended to read:
13454         378.411 Certification to receive notices of intent to mine,
13455  to review, and to inspect for compliance.—
13456         (3) In making his or her determination, the secretary shall
13457  consult with the Department of Economic Opportunity Community
13458  Affairs, the appropriate regional planning council, and the
13459  appropriate water management district.
13460         Section 256. Paragraph (c) of subsection (4) of section
13461  379.2291, Florida Statutes, is amended to read:
13462         379.2291 Endangered and Threatened Species Act.—
13463         (4) INTERAGENCY COORDINATION.—
13464         (c) The commission, in consultation with the Department of
13465  Agriculture and Consumer Services, the Department of Economic
13466  Opportunity Community Affairs, or the Department of
13467  Transportation, may establish reduced speed zones along roads,
13468  streets, and highways to protect endangered species or
13469  threatened species.
13470         Section 257. Subsection (18) of section 380.031, Florida
13471  Statutes, is amended to read:
13472         380.031 Definitions.—As used in this chapter:
13473         (18) “State land planning agency” means the Department of
13474  Economic Opportunity Community Affairs and may be referred to in
13475  this part as the “department.”
13476         Section 258. Paragraph (d) of subsection (2), paragraph (e)
13477  of subsection (15), and subsections (24) and (27) of section
13478  380.06, Florida Statutes, are amended to read:
13479         380.06 Developments of regional impact.—
13480         (2) STATEWIDE GUIDELINES AND STANDARDS.—
13481         (d) The guidelines and standards shall be applied as
13482  follows:
13483         1. Fixed thresholds.—
13484         a. A development that is below 100 percent of all numerical
13485  thresholds in the guidelines and standards is shall not be
13486  required to undergo development-of-regional-impact review.
13487         b. A development that is at or above 120 percent of any
13488  numerical threshold shall be required to undergo development-of
13489  regional-impact review.
13490         c. Projects certified under s. 403.973 which create at
13491  least 100 jobs and meet the criteria of the Department of
13492  Economic Opportunity Office of Tourism, Trade, and Economic
13493  Development as to their impact on an area’s economy, employment,
13494  and prevailing wage and skill levels that are at or below 100
13495  percent of the numerical thresholds for industrial plants,
13496  industrial parks, distribution, warehousing or wholesaling
13497  facilities, office development or multiuse projects other than
13498  residential, as described in s. 380.0651(3)(c), (d), and (h),
13499  are not required to undergo development-of-regional-impact
13500  review.
13501         2. Rebuttable presumption.—It shall be presumed that a
13502  development that is at 100 percent or between 100 and 120
13503  percent of a numerical threshold shall be required to undergo
13504  development-of-regional-impact review.
13505         (15) LOCAL GOVERNMENT DEVELOPMENT ORDER.—
13506         (e)1. A local government shall not include, as a
13507  development order condition for a development of regional
13508  impact, any requirement that a developer contribute or pay for
13509  land acquisition or construction or expansion of public
13510  facilities or portions thereof unless the local government has
13511  enacted a local ordinance which requires other development not
13512  subject to this section to contribute its proportionate share of
13513  the funds, land, or public facilities necessary to accommodate
13514  any impacts having a rational nexus to the proposed development,
13515  and the need to construct new facilities or add to the present
13516  system of public facilities must be reasonably attributable to
13517  the proposed development.
13518         2. A local government shall not approve a development of
13519  regional impact that does not make adequate provision for the
13520  public facilities needed to accommodate the impacts of the
13521  proposed development unless the local government includes in the
13522  development order a commitment by the local government to
13523  provide these facilities consistently with the development
13524  schedule approved in the development order; however, a local
13525  government’s failure to meet the requirements of subparagraph 1.
13526  and this subparagraph shall not preclude the issuance of a
13527  development order where adequate provision is made by the
13528  developer for the public facilities needed to accommodate the
13529  impacts of the proposed development. Any funds or lands
13530  contributed by a developer must be expressly designated and used
13531  to accommodate impacts reasonably attributable to the proposed
13532  development.
13533         3. The Department of Economic Opportunity Community Affairs
13534  and other state and regional agencies involved in the
13535  administration and implementation of this act shall cooperate
13536  and work with units of local government in preparing and
13537  adopting local impact fee and other contribution ordinances.
13538         (24) STATUTORY EXEMPTIONS.—
13539         (a) Any proposed hospital is exempt from the provisions of
13540  this section.
13541         (b) Any proposed electrical transmission line or electrical
13542  power plant is exempt from the provisions of this section.
13543         (c) Any proposed addition to an existing sports facility
13544  complex is exempt from the provisions of this section if the
13545  addition meets the following characteristics:
13546         1. It would not operate concurrently with the scheduled
13547  hours of operation of the existing facility.
13548         2. Its seating capacity would be no more than 75 percent of
13549  the capacity of the existing facility.
13550         3. The sports facility complex property is owned by a
13551  public body before prior to July 1, 1983.
13552  
13553  This exemption does not apply to any pari-mutuel facility.
13554         (d) Any proposed addition or cumulative additions
13555  subsequent to July 1, 1988, to an existing sports facility
13556  complex owned by a state university is exempt if the increased
13557  seating capacity of the complex is no more than 30 percent of
13558  the capacity of the existing facility.
13559         (e) Any addition of permanent seats or parking spaces for
13560  an existing sports facility located on property owned by a
13561  public body before prior to July 1, 1973, is exempt from the
13562  provisions of this section if future additions do not expand
13563  existing permanent seating or parking capacity more than 15
13564  percent annually in excess of the prior year’s capacity.
13565         (f) Any increase in the seating capacity of an existing
13566  sports facility having a permanent seating capacity of at least
13567  50,000 spectators is exempt from the provisions of this section,
13568  provided that such an increase does not increase permanent
13569  seating capacity by more than 5 percent per year and not to
13570  exceed a total of 10 percent in any 5-year period, and provided
13571  that the sports facility notifies the appropriate local
13572  government within which the facility is located of the increase
13573  at least 6 months before prior to the initial use of the
13574  increased seating, in order to permit the appropriate local
13575  government to develop a traffic management plan for the traffic
13576  generated by the increase. Any traffic management plan shall be
13577  consistent with the local comprehensive plan, the regional
13578  policy plan, and the state comprehensive plan.
13579         (g) Any expansion in the permanent seating capacity or
13580  additional improved parking facilities of an existing sports
13581  facility is exempt from the provisions of this section, if the
13582  following conditions exist:
13583         1.a. The sports facility had a permanent seating capacity
13584  on January 1, 1991, of at least 41,000 spectator seats;
13585         b. The sum of such expansions in permanent seating capacity
13586  does not exceed a total of 10 percent in any 5-year period and
13587  does not exceed a cumulative total of 20 percent for any such
13588  expansions; or
13589         c. The increase in additional improved parking facilities
13590  is a one-time addition and does not exceed 3,500 parking spaces
13591  serving the sports facility; and
13592         2. The local government having jurisdiction of the sports
13593  facility includes in the development order or development permit
13594  approving such expansion under this paragraph a finding of fact
13595  that the proposed expansion is consistent with the
13596  transportation, water, sewer and stormwater drainage provisions
13597  of the approved local comprehensive plan and local land
13598  development regulations relating to those provisions.
13599  
13600  Any owner or developer who intends to rely on this statutory
13601  exemption shall provide to the department a copy of the local
13602  government application for a development permit. Within 45 days
13603  after of receipt of the application, the department shall render
13604  to the local government an advisory and nonbinding opinion, in
13605  writing, stating whether, in the department’s opinion, the
13606  prescribed conditions exist for an exemption under this
13607  paragraph. The local government shall render the development
13608  order approving each such expansion to the department. The
13609  owner, developer, or department may appeal the local government
13610  development order pursuant to s. 380.07, within 45 days after
13611  the order is rendered. The scope of review shall be limited to
13612  the determination of whether the conditions prescribed in this
13613  paragraph exist. If any sports facility expansion undergoes
13614  development-of-regional-impact review, all previous expansions
13615  which were exempt under this paragraph shall be included in the
13616  development-of-regional-impact review.
13617         (h) Expansion to port harbors, spoil disposal sites,
13618  navigation channels, turning basins, harbor berths, and other
13619  related inwater harbor facilities of ports listed in s.
13620  403.021(9)(b), port transportation facilities and projects
13621  listed in s. 311.07(3)(b), and intermodal transportation
13622  facilities identified pursuant to s. 311.09(3) are exempt from
13623  the provisions of this section when such expansions, projects,
13624  or facilities are consistent with comprehensive master plans
13625  that are in compliance with the provisions of s. 163.3178.
13626         (i) Any proposed facility for the storage of any petroleum
13627  product or any expansion of an existing facility is exempt from
13628  the provisions of this section.
13629         (j) Any renovation or redevelopment within the same land
13630  parcel which does not change land use or increase density or
13631  intensity of use.
13632         (k) Waterport and marina development, including dry storage
13633  facilities, are exempt from the provisions of this section.
13634         (l) Any proposed development within an urban service
13635  boundary established under s. 163.3177(14), which is not
13636  otherwise exempt pursuant to subsection (29), is exempt from the
13637  provisions of this section if the local government having
13638  jurisdiction over the area where the development is proposed has
13639  adopted the urban service boundary, has entered into a binding
13640  agreement with jurisdictions that would be impacted and with the
13641  Department of Transportation regarding the mitigation of impacts
13642  on state and regional transportation facilities, and has adopted
13643  a proportionate share methodology pursuant to s. 163.3180(16).
13644         (m) Any proposed development within a rural land
13645  stewardship area created under s. 163.3177(11)(d) is exempt from
13646  the provisions of this section if the local government that has
13647  adopted the rural land stewardship area has entered into a
13648  binding agreement with jurisdictions that would be impacted and
13649  the Department of Transportation regarding the mitigation of
13650  impacts on state and regional transportation facilities, and has
13651  adopted a proportionate share methodology pursuant to s.
13652  163.3180(16).
13653         (n) The establishment, relocation, or expansion of any
13654  military installation as defined in s. 163.3175, is exempt from
13655  this section.
13656         (o) Any self-storage warehousing that does not allow retail
13657  or other services is exempt from this section.
13658         (p) Any proposed nursing home or assisted living facility
13659  is exempt from this section.
13660         (q) Any development identified in an airport master plan
13661  and adopted into the comprehensive plan pursuant to s.
13662  163.3177(6)(k) is exempt from this section.
13663         (r) Any development identified in a campus master plan and
13664  adopted pursuant to s. 1013.30 is exempt from this section.
13665         (s) Any development in a specific area plan which is
13666  prepared pursuant to s. 163.3245 and adopted into the
13667  comprehensive plan is exempt from this section.
13668         (t) Any development within a county with a research and
13669  education authority created by special act and that is also
13670  within a research and development park that is operated or
13671  managed by a research and development authority pursuant to part
13672  V of chapter 159 is exempt from this section.
13673  
13674  If a use is exempt from review as a development of regional
13675  impact under paragraphs (a)-(s), but will be part of a larger
13676  project that is subject to review as a development of regional
13677  impact, the impact of the exempt use must be included in the
13678  review of the larger project, unless such exempt use involves a
13679  development of regional impact that includes a landowner,
13680  tenant, or user that has entered into a funding agreement with
13681  the Department of Economic Opportunity Office of Tourism, Trade,
13682  and Economic Development under the Innovation Incentive Program
13683  and the agreement contemplates a state award of at least $50
13684  million.
13685         (27) RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS UNDER A
13686  DEVELOPMENT ORDER.—If a developer or owner is in doubt as to his
13687  or her rights, responsibilities, and obligations under a
13688  development order and the development order does not clearly
13689  define his or her rights, responsibilities, and obligations, the
13690  developer or owner may request participation in resolving the
13691  dispute through the dispute resolution process outlined in s.
13692  186.509. The Department of Economic Opportunity Community
13693  Affairs shall be notified by certified mail of any meeting held
13694  under the process provided for by this subsection at least 5
13695  days before the meeting.
13696         Section 259. Paragraph (a) of subsection (5) of section
13697  380.061, Florida Statutes, is amended to read:
13698         380.061 The Florida Quality Developments program.—
13699         (5)(a) Before filing an application for development
13700  designation, the developer shall contact the Department of
13701  Economic Opportunity Community Affairs to arrange one or more
13702  preapplication conferences with the other reviewing entities.
13703  Upon the request of the developer or any of the reviewing
13704  entities, other affected state or regional agencies shall
13705  participate in this conference. The department, in coordination
13706  with the local government with jurisdiction and the regional
13707  planning council, shall provide the developer information about
13708  the Florida Quality Developments designation process and the use
13709  of preapplication conferences to identify issues, coordinate
13710  appropriate state, regional, and local agency requirements,
13711  fully address any concerns of the local government, the regional
13712  planning council, and other reviewing agencies and the meeting
13713  of those concerns, if applicable, through development order
13714  conditions, and otherwise promote a proper, efficient, and
13715  timely review of the proposed Florida Quality Development. The
13716  department shall take the lead in coordinating the review
13717  process.
13718         Section 260. Subsections (2) and (6) of section 380.0677,
13719  Florida Statutes, are amended to read:
13720         380.0677 Green Swamp Land Authority.—
13721         (2) MISSION.—The mission of the Green Swamp Land Authority
13722  shall be to balance the protection of the ecological values of
13723  the Green Swamp Area of Critical State Concern with the
13724  protection of private property rights and the interests of
13725  taxpayers through the acquisition of lands, or rights or
13726  interests in lands, from willing sellers within the Green Swamp
13727  Area of Critical State Concern. To that end, the authority is
13728  encouraged to coordinate with the Division of State Lands of the
13729  Department of Environmental Protection, the Florida Communities
13730  Trust Program within the Department of Environmental Protection
13731  Community Affairs, the Southwest Florida Water Management
13732  District, and the St. Johns River Water Management District to
13733  identify, select, and acquire less-than-fee-simple interests or
13734  rights in parcels within the Green Swamp Area of Critical State
13735  Concern, as part of overall land acquisition efforts by the
13736  state and the districts. When the Department of Environmental
13737  Protection and the water management districts are planning to
13738  acquire parcels within the Green Swamp Area of Critical State
13739  Concern, they shall consider acquiring such parcels using
13740  alternatives to fee simple techniques in consultation with the
13741  land authority.
13742         (6) APPROPRIATIONS.—From funds appropriated to the
13743  Department of Environmental Protection for land acquisition from
13744  the Conservation and Recreation Lands Trust Fund for fiscal
13745  years 1994-1995, 1995-1996, and 1996-1997, $4 million shall be
13746  reserved each fiscal year to carry out the purposes of this
13747  section. To the extent practicable, moneys appropriated from the
13748  Conservation and Recreation Lands Trust Fund, Save Our Rivers
13749  Trust Fund, and Florida Communities Trust Fund shall be used to
13750  acquire lands, or interests or rights in lands, on the
13751  Conservation and Recreation Lands, Save Our Rivers, or Florida
13752  Communities Trust land acquisition plans or lists, as defined in
13753  s. 259.035, or a land acquisition plan under s. 373.59 or s.
13754  380.508. However, nothing in this subsection prohibits the Green
13755  Swamp Land Authority from entering into land protection
13756  agreements with any property owner whose property is not on any
13757  of such lists. From sums appropriated to the Department of
13758  Environmental Protection from the Water Management District
13759  Lands Trust Fund for fiscal years 1994-1995, 1995-1996, and
13760  1996-1997, $3 million shall be reserved each fiscal year to
13761  carry out the purposes of this section. Such amounts as are used
13762  from the Water Management District Lands Trust Fund shall be
13763  credited against the allocations as provided in s. 373.59 to the
13764  St. Johns River Water Management District or the Southwest
13765  Florida Water Management District in proportion to the amount of
13766  lands for which an interest was acquired, and shall not be
13767  required by a district for debt service payments or land
13768  management purposes. From funds appropriated to the Department
13769  of Community Affairs for the Florida Communities Trust Program
13770  from the Preservation 2000 Trust Fund for fiscal years 1994-1995
13771  through 1999-2000, $3 million shall be reserved each fiscal year
13772  to carry out the purposes of this section. Appropriations
13773  identified pursuant to this subsection shall fund the
13774  acquisition of lands, or the interests or rights in lands, and
13775  related costs of acquisition. Such funds shall be available for
13776  expenditure after the land authority has adopted rules to begin
13777  its program. Funds reserved pursuant to this subsection, for
13778  each of the referenced fiscal years, shall remain available for
13779  the purposes specified in this subsection for 24 months from the
13780  date on which such funds become available for disbursement.
13781  After such time has elapsed, any funds which are not legally
13782  obligated for expenditure shall be released for the lawful
13783  purposes for which they were otherwise appropriated.
13784         Section 261. Section 380.285, Florida Statutes, is amended
13785  to read:
13786         380.285 Lighthouses; study; preservation; funding.—The
13787  Department of Community Affairs and the Division of Historical
13788  Resources of the Department of State shall undertake a study of
13789  the lighthouses in the state. The study must determine the
13790  location, ownership, condition, and historical significance of
13791  all lighthouses in the state and ensure that all historically
13792  significant lighthouses are nominated for inclusion on the
13793  National Register of Historic Places. The study must assess the
13794  condition and restoration needs of historic lighthouses and
13795  develop plans for appropriate future public access and use. The
13796  Division of Historical Resources shall take a leadership role in
13797  implementing plans to stabilize lighthouses and associated
13798  structures and to preserve and protect them from future
13799  deterioration. When possible, the lighthouses and associated
13800  buildings should be made available to the public for educational
13801  and recreational purposes. The Department of State shall request
13802  in its annual legislative budget requests funding necessary to
13803  carry out the duties and responsibilities specified in this act.
13804  Funds for the rehabilitation of lighthouses should be allocated
13805  through matching grants-in-aid to state and local government
13806  agencies and to nonprofit organizations. The Department of
13807  Environmental Protection may assist the Division of Historical
13808  Resources in projects to accomplish the goals and activities
13809  described in this section.
13810         Section 262. Subsection (2) of section 380.503, Florida
13811  Statutes, is amended to read:
13812         380.503 Definitions.—As used in ss. 380.501-380.515, unless
13813  the context indicates a different meaning or intent:
13814         (2) “Department” means the Department of Environmental
13815  Protection Community Affairs.
13816         Section 263. Subsection (1) of section 380.504, Florida
13817  Statutes, is amended to read:
13818         380.504 Florida Communities Trust; creation; membership;
13819  expenses.—
13820         (1) There is created within the Department of Environmental
13821  Protection the Department of Community Affairs a nonregulatory
13822  state agency and instrumentality, which shall be a public body
13823  corporate and politic, known as the “Florida Communities Trust.”
13824  The governing body of the trust shall consist of:
13825         (a) The Secretary of Community Affairs and the Secretary of
13826  Environmental Protection; and
13827         (b) Four public members whom the Governor shall appoint
13828  subject to Senate confirmation.
13829  
13830  The Governor shall appoint a former elected official of a county
13831  government, a former elected official of a metropolitan
13832  municipal government, a representative of a nonprofit
13833  organization as defined in this part, and a representative of
13834  the development industry. The Secretary of Community Affairs may
13835  designate his or her assistant secretary or the director of the
13836  Division of Community Planning to serve in his or her absence.
13837  The Secretary of Environmental Protection may appoint his or her
13838  deputy secretary, the director of the Division of State Lands,
13839  or the director of the Division of Recreation and Parks to serve
13840  in his or her absence. The Secretary of Environmental Protection
13841  Secretary of Community Affairs shall be the chair of the
13842  governing body of the trust. The Governor shall make his or her
13843  appointments upon the expiration of any current terms or within
13844  60 days after the effective date of the resignation of any
13845  member.
13846         Section 264. Subsection (1) of section 380.5115, Florida
13847  Statutes, is amended to read:
13848         380.5115 Florida Forever Program Trust Fund of the
13849  Department of Environmental Protection Community Affairs.—
13850         (1) There is created a Florida Forever Program Trust Fund
13851  within the department of Community Affairs to further the
13852  purposes of this part as specified in s. 259.105(3)(c) and (j).
13853  The trust fund shall receive funds pursuant to s. 259.105(3)(c)
13854  and (j).
13855         Section 265. Paragraph (e) of subsection (1) of section
13856  381.0054, Florida Statutes, is amended to read:
13857         381.0054 Healthy lifestyles promotion.—
13858         (1) The Department of Health shall promote healthy
13859  lifestyles to reduce the prevalence of excess weight gain and
13860  obesity in Florida by implementing appropriate physical activity
13861  and nutrition programs that are directed towards all Floridians
13862  by:
13863         (e) Partnering with the Department of Education, school
13864  districts, and Enterprise Florida, Inc., the Florida Sports
13865  Foundation to develop a program that recognizes schools whose
13866  students demonstrate excellent physical fitness or fitness
13867  improvement.
13868         Section 266. Subsection (6) of section 381.0086, Florida
13869  Statutes, is amended to read:
13870         381.0086 Rules; variances; penalties.—
13871         (6) For the purposes of filing an interstate clearance
13872  order with the Department of Economic Opportunity Agency for
13873  Workforce Innovation, if the housing is covered by 20 C.F.R.
13874  part 654, subpart E, no permanent structural variance referred
13875  to in subsection (2) is allowed.
13876         Section 267. Paragraph (e) of subsection (2) and paragraph
13877  (b) of subsection (5) of section 381.0303, Florida Statutes, are
13878  amended to read:
13879         381.0303 Special needs shelters.—
13880         (2) SPECIAL NEEDS SHELTER PLAN; STAFFING; STATE AGENCY
13881  ASSISTANCE.—If funds have been appropriated to support disaster
13882  coordinator positions in county health departments:
13883         (e) The Secretary of Elderly Affairs, or his or her
13884  designee, shall convene, at any time that he or she deems
13885  appropriate and necessary, a multiagency special needs shelter
13886  discharge planning team to assist local areas that are severely
13887  impacted by a natural or manmade disaster that requires the use
13888  of special needs shelters. Multiagency special needs shelter
13889  discharge planning teams shall provide assistance to local
13890  emergency management agencies with the continued operation or
13891  closure of the shelters, as well as with the discharge of
13892  special needs clients to alternate facilities if necessary.
13893  Local emergency management agencies may request the assistance
13894  of a multiagency special needs shelter discharge planning team
13895  by alerting statewide emergency management officials of the
13896  necessity for additional assistance in their area. The Secretary
13897  of Elderly Affairs is encouraged to proactively work with other
13898  state agencies prior to any natural disasters for which warnings
13899  are provided to ensure that multiagency special needs shelter
13900  discharge planning teams are ready to assemble and deploy
13901  rapidly upon a determination by state emergency management
13902  officials that a disaster area requires additional assistance.
13903  The Secretary of Elderly Affairs may call upon any state agency
13904  or office to provide staff to assist a multiagency special needs
13905  shelter discharge planning team. Unless the secretary determines
13906  that the nature or circumstances surrounding the disaster do not
13907  warrant participation from a particular agency’s staff, each
13908  multiagency special needs shelter discharge planning team shall
13909  include at least one representative from each of the following
13910  state agencies:
13911         1. Department of Elderly Affairs.
13912         2. Department of Health.
13913         3. Department of Children and Family Services.
13914         4. Department of Veterans’ Affairs.
13915         5. Division of Emergency Management Department of Community
13916  Affairs.
13917         6. Agency for Health Care Administration.
13918         7. Agency for Persons with Disabilities.
13919         (5) SPECIAL NEEDS SHELTER INTERAGENCY COMMITTEE.—The State
13920  Surgeon General may establish a special needs shelter
13921  interagency committee and serve as, or appoint a designee to
13922  serve as, the committee’s chair. The department shall provide
13923  any necessary staff and resources to support the committee in
13924  the performance of its duties. The committee shall address and
13925  resolve problems related to special needs shelters not addressed
13926  in the state comprehensive emergency medical plan and shall
13927  consult on the planning and operation of special needs shelters.
13928         (b) The special needs shelter interagency committee shall
13929  be composed of representatives of emergency management, health,
13930  medical, and social services organizations. Membership shall
13931  include, but shall not be limited to, representatives of the
13932  Departments of Health, Community Affairs, Children and Family
13933  Services, Elderly Affairs, and Education; the Agency for Health
13934  Care Administration; the Division of Emergency Management; the
13935  Florida Medical Association; the Florida Osteopathic Medical
13936  Association; Associated Home Health Industries of Florida, Inc.;
13937  the Florida Nurses Association; the Florida Health Care
13938  Association; the Florida Assisted Living Affiliation; the
13939  Florida Hospital Association; the Florida Statutory Teaching
13940  Hospital Council; the Florida Association of Homes for the
13941  Aging; the Florida Emergency Preparedness Association; the
13942  American Red Cross; Florida Hospices and Palliative Care, Inc.;
13943  the Association of Community Hospitals and Health Systems; the
13944  Florida Association of Health Maintenance Organizations; the
13945  Florida League of Health Systems; the Private Care Association;
13946  the Salvation Army; the Florida Association of Aging Services
13947  Providers; the AARP; and the Florida Renal Coalition.
13948         Section 268. Subsection (3) of section 381.7354, Florida
13949  Statutes, is amended to read:
13950         381.7354 Eligibility.—
13951         (3) In addition to the grants awarded under subsections (1)
13952  and (2), up to 20 percent of the funding for the Reducing Racial
13953  and Ethnic Health Disparities: Closing the Gap grant program
13954  shall be dedicated to projects that address improving racial and
13955  ethnic health status within specific Front Porch Florida
13956  Communities, as designated pursuant to s. 20.18(6).
13957         Section 269. Paragraph (b) of subsection (1) and subsection
13958  (2) of section 383.14, Florida Statutes, are amended to read:
13959         383.14 Screening for metabolic disorders, other hereditary
13960  and congenital disorders, and environmental risk factors.—
13961         (1) SCREENING REQUIREMENTS.—To help ensure access to the
13962  maternal and child health care system, the Department of Health
13963  shall promote the screening of all newborns born in Florida for
13964  metabolic, hereditary, and congenital disorders known to result
13965  in significant impairment of health or intellect, as screening
13966  programs accepted by current medical practice become available
13967  and practical in the judgment of the department. The department
13968  shall also promote the identification and screening of all
13969  newborns in this state and their families for environmental risk
13970  factors such as low income, poor education, maternal and family
13971  stress, emotional instability, substance abuse, and other high
13972  risk conditions associated with increased risk of infant
13973  mortality and morbidity to provide early intervention,
13974  remediation, and prevention services, including, but not limited
13975  to, parent support and training programs, home visitation, and
13976  case management. Identification, perinatal screening, and
13977  intervention efforts shall begin prior to and immediately
13978  following the birth of the child by the attending health care
13979  provider. Such efforts shall be conducted in hospitals,
13980  perinatal centers, county health departments, school health
13981  programs that provide prenatal care, and birthing centers, and
13982  reported to the Office of Vital Statistics.
13983         (b) Postnatal screening.—A risk factor analysis using the
13984  department’s designated risk assessment instrument shall also be
13985  conducted as part of the medical screening process upon the
13986  birth of a child and submitted to the department’s Office of
13987  Vital Statistics for recording and other purposes provided for
13988  in this chapter. The department’s screening process for risk
13989  assessment shall include a scoring mechanism and procedures that
13990  establish thresholds for notification, further assessment,
13991  referral, and eligibility for services by professionals or
13992  paraprofessionals consistent with the level of risk. Procedures
13993  for developing and using the screening instrument, notification,
13994  referral, and care coordination services, reporting
13995  requirements, management information, and maintenance of a
13996  computer-driven registry in the Office of Vital Statistics which
13997  ensures privacy safeguards must be consistent with the
13998  provisions and plans established under chapter 411, Pub. L. No.
13999  99-457, and this chapter. Procedures established for reporting
14000  information and maintaining a confidential registry must include
14001  a mechanism for a centralized information depository at the
14002  state and county levels. The department shall coordinate with
14003  existing risk assessment systems and information registries. The
14004  department must ensure, to the maximum extent possible, that the
14005  screening information registry is integrated with the
14006  department’s automated data systems, including the Florida On
14007  line Recipient Integrated Data Access (FLORIDA) system. Tests
14008  and screenings must be performed by the State Public Health
14009  Laboratory, in coordination with Children’s Medical Services, at
14010  such times and in such manner as is prescribed by the department
14011  after consultation with the Genetics and Newborn Infant
14012  Screening Advisory Council and the Office of Early Learning
14013  Agency for Workforce Innovation.
14014         (2) RULES.—After consultation with the Genetics and Newborn
14015  Screening Advisory Council, the department shall adopt and
14016  enforce rules requiring that every newborn in this state shall,
14017  prior to becoming 1 week of age, be subjected to a test for
14018  phenylketonuria and, at the appropriate age, be tested for such
14019  other metabolic diseases and hereditary or congenital disorders
14020  as the department may deem necessary from time to time. After
14021  consultation with the Office of Early Learning Agency for
14022  Workforce Innovation, the department shall also adopt and
14023  enforce rules requiring every newborn in this state to be
14024  screened for environmental risk factors that place children and
14025  their families at risk for increased morbidity, mortality, and
14026  other negative outcomes. The department shall adopt such
14027  additional rules as are found necessary for the administration
14028  of this section and s. 383.145, including rules providing
14029  definitions of terms, rules relating to the methods used and
14030  time or times for testing as accepted medical practice
14031  indicates, rules relating to charging and collecting fees for
14032  the administration of the newborn screening program authorized
14033  by this section, rules for processing requests and releasing
14034  test and screening results, and rules requiring mandatory
14035  reporting of the results of tests and screenings for these
14036  conditions to the department.
14037         Section 270. Subsection (8) of section 393.067, Florida
14038  Statutes, is amended to read:
14039         393.067 Facility licensure.—
14040         (8) The agency, after consultation with the Division of
14041  Emergency Management Department of Community Affairs, shall
14042  adopt rules for foster care facilities, group home facilities,
14043  and residential habilitation centers which establish minimum
14044  standards for the preparation and annual update of a
14045  comprehensive emergency management plan. At a minimum, the rules
14046  must provide for plan components that address emergency
14047  evacuation transportation; adequate sheltering arrangements;
14048  postdisaster activities, including emergency power, food, and
14049  water; postdisaster transportation; supplies; staffing;
14050  emergency equipment; individual identification of residents and
14051  transfer of records; and responding to family inquiries. The
14052  comprehensive emergency management plan for all comprehensive
14053  transitional education programs and for homes serving
14054  individuals who have complex medical conditions is subject to
14055  review and approval by the local emergency management agency.
14056  During its review, the local emergency management agency shall
14057  ensure that the agency and the Division of Emergency Management
14058  Department of Community Affairs, at a minimum, are given the
14059  opportunity to review the plan. Also, appropriate volunteer
14060  organizations must be given the opportunity to review the plan.
14061  The local emergency management agency shall complete its review
14062  within 60 days and either approve the plan or advise the
14063  facility of necessary revisions.
14064         Section 271. Paragraph (c) of subsection (1) of section
14065  395.1055, Florida Statutes, is amended to read:
14066         395.1055 Rules and enforcement.—
14067         (1) The agency shall adopt rules pursuant to ss. 120.536(1)
14068  and 120.54 to implement the provisions of this part, which shall
14069  include reasonable and fair minimum standards for ensuring that:
14070         (c) A comprehensive emergency management plan is prepared
14071  and updated annually. Such standards must be included in the
14072  rules adopted by the agency after consulting with the Division
14073  of Emergency Management Department of Community Affairs. At a
14074  minimum, the rules must provide for plan components that address
14075  emergency evacuation transportation; adequate sheltering
14076  arrangements; postdisaster activities, including emergency
14077  power, food, and water; postdisaster transportation; supplies;
14078  staffing; emergency equipment; individual identification of
14079  residents and transfer of records, and responding to family
14080  inquiries. The comprehensive emergency management plan is
14081  subject to review and approval by the local emergency management
14082  agency. During its review, the local emergency management agency
14083  shall ensure that the following agencies, at a minimum, are
14084  given the opportunity to review the plan: the Department of
14085  Elderly Affairs, the Department of Health, the Agency for Health
14086  Care Administration, and the Division of Emergency Management
14087  Department of Community Affairs. Also, appropriate volunteer
14088  organizations must be given the opportunity to review the plan.
14089  The local emergency management agency shall complete its review
14090  within 60 days and either approve the plan or advise the
14091  facility of necessary revisions.
14092         Section 272. Paragraph (a) of subsection (1) of section
14093  395.1056, Florida Statutes, is amended to read:
14094         395.1056 Plan components addressing a hospital’s response
14095  to terrorism; public records exemption; public meetings
14096  exemption.—
14097         (1)(a) Those portions of a comprehensive emergency
14098  management plan that address the response of a public or private
14099  hospital to an act of terrorism as defined by s. 775.30 held by
14100  the agency, a state or local law enforcement agency, a county or
14101  municipal emergency management agency, the Executive Office of
14102  the Governor, the Department of Health, or the Division of
14103  Emergency Management Department of Community Affairs are
14104  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
14105  of the State Constitution.
14106         Section 273. Paragraph (c) of subsection (14) of section
14107  397.321, Florida Statutes, is amended to read:
14108         397.321 Duties of the department.—The department shall:
14109         (14) In cooperation with service providers, foster and
14110  actively seek additional funding to enhance resources for
14111  prevention, intervention, clinical treatment, and recovery
14112  support services, including, but not limited to, the development
14113  of partnerships with:
14114         (c) State agencies, including, but not limited to, the
14115  Department of Corrections, the Department of Education, the
14116  Department of Juvenile Justice, the Department of Community
14117  Affairs, the Department of Elderly Affairs, the Department of
14118  Health, the Department of Financial Services, and the Agency for
14119  Health Care Administration.
14120         Section 274. Subsection (1) of section 397.801, Florida
14121  Statutes, is amended to read:
14122         397.801 Substance abuse impairment coordination.—
14123         (1) The Department of Children and Family Services, the
14124  Department of Education, the Department of Corrections, the
14125  Department of Community Affairs, and the Department of Law
14126  Enforcement each shall appoint a policy level staff person to
14127  serve as the agency substance abuse impairment coordinator. The
14128  responsibilities of the agency coordinator include interagency
14129  and intraagency coordination, collection and dissemination of
14130  agency-specific data relating to substance abuse impairment, and
14131  participation in the development of the state comprehensive plan
14132  for substance abuse impairment.
14133         Section 275. Paragraph (g) of subsection (2) of section
14134  400.23, Florida Statutes, is amended to read:
14135         400.23 Rules; evaluation and deficiencies; licensure
14136  status.—
14137         (2) Pursuant to the intention of the Legislature, the
14138  agency, in consultation with the Department of Health and the
14139  Department of Elderly Affairs, shall adopt and enforce rules to
14140  implement this part and part II of chapter 408, which shall
14141  include reasonable and fair criteria in relation to:
14142         (g) The preparation and annual update of a comprehensive
14143  emergency management plan. The agency shall adopt rules
14144  establishing minimum criteria for the plan after consultation
14145  with the Division of Emergency Management Department of
14146  Community Affairs. At a minimum, the rules must provide for plan
14147  components that address emergency evacuation transportation;
14148  adequate sheltering arrangements; postdisaster activities,
14149  including emergency power, food, and water; postdisaster
14150  transportation; supplies; staffing; emergency equipment;
14151  individual identification of residents and transfer of records;
14152  and responding to family inquiries. The comprehensive emergency
14153  management plan is subject to review and approval by the local
14154  emergency management agency. During its review, the local
14155  emergency management agency shall ensure that the following
14156  agencies, at a minimum, are given the opportunity to review the
14157  plan: the Department of Elderly Affairs, the Department of
14158  Health, the Agency for Health Care Administration, and the
14159  Division of Emergency Management Department of Community
14160  Affairs. Also, appropriate volunteer organizations must be given
14161  the opportunity to review the plan. The local emergency
14162  management agency shall complete its review within 60 days and
14163  either approve the plan or advise the facility of necessary
14164  revisions.
14165         Section 276. Paragraph (a) of subsection (10) of section
14166  400.497, Florida Statutes, is amended to read:
14167         400.497 Rules establishing minimum standards.—The agency
14168  shall adopt, publish, and enforce rules to implement part II of
14169  chapter 408 and this part, including, as applicable, ss. 400.506
14170  and 400.509, which must provide reasonable and fair minimum
14171  standards relating to:
14172         (10) Preparation of a comprehensive emergency management
14173  plan pursuant to s. 400.492.
14174         (a) The Agency for Health Care Administration shall adopt
14175  rules establishing minimum criteria for the plan and plan
14176  updates, with the concurrence of the Department of Health and in
14177  consultation with the Division of Emergency Management
14178  Department of Community Affairs.
14179         Section 277. Paragraph (f) of sub